HomeMy WebLinkAbout2006-04-04 Ordinance
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Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00026)
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING THE PLANNED DEVELOPMENT
HOUSING (OPD-12) PLAN FOR SILVERCREST PART 3 ON 12.17 ACRES, LOCATED AT AMERICAN LEGION
ROAD AND SCOTT BOULEVARD.
WHEREAS, the City of Iowa City City Council has approved a Planned Development Overlay (OPD-12)
preliminary plan for Silvercrest, a retirement community including a 68-unit assisted living apartment building, four
24-unit independent living apartment buildings, four 4-unit townhouse-style buildings, a 40-unit assisted living
building for persons with Alzheimer's, and a medical office building; and
WHEREAS, the applicant, Dial Land Development Corporation, has requested the City amend the preliminary
OPD plan to reconfigure the independent living apartment buildings and townhouse-style buildings; and
WHEREAS, the revised plan includes an existing 24-unit building, four 2~unit duplex style buildings, a 57-unit
building and a 27 -unit building; and
WHEREAS, the revised plan includes 116 dwelling units in addition to the 68-unit assisted living building and
40-unit assisted living building for persons with Alzheimer's; and
WHEREAS, the large buildings will include design details such as bays and balconies and a combination of
brick veneer and hardboard siding in order to minimize the appearance of their large scale; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments to the OPD plan
and has recommended approval of the same including the variations from the zoning regulations illustrated on the
preliminary OPD plan and listed in Section II below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL. The amended preliminary OPD plan for the property described below is hereby
approved:
Lot 2 and Outlot "A" of Silvercrest Residential Community, as recorded in Book 40, Page 174, at the Records of
Johnson County, Iowa; and Auditor's Parcel #2001-001 (Lot 1) as shown on the plat recorded thereof in Plat Book
42, Page 28.
SECTION II. VARIATIONS. To encourage the development of the proposed retirement community and to allow
clustered development, the following variations are approved as a part of the preliminary OPD Plan: a waiver of the
minimum 35 feet of frontage required on a public street; a reduction in rear yards as shown on the OPD plan; and a
waiver of the 35-foot height limit to 47 feet for those buildings with underground parking as shown on the OPD plan.
SECTION III. ZONING MAP. Upon final passage, approval and publication of this Ordinance as provided by
law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa,
to conform to this zoning amendment.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. 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
~~ "3(~M()u.
ppdadminlordlsilvercrest3.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 4/4/06
Vote for passage: AYES: 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
To: Planning & Zoning Commission
Item: REZ05-00026/SUB05-00019
Amendments to Silvercrest OPD plan
and preliminary plat
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zonin9:
Comprehensive Plan:
File date:
45-day limitation period:
o
STAFF REPORT
Prepared by: Robert Miklo
Date: March 2, 2006
Dial Companies
11506 Nicholas St. #200
Omaha, NE 68154
Mark Hartin
402-493-2800
Amended preliminary OPD-12 plan and
preliminary plat.
To allow additional building area for
common kitchen, dining and recreational
facilities and reconfiguration of multi-family
elderly housing buildings.
Southeast corner of Scott Boulevard and
American Legion Road
12.17 acres
Elderly housing, OPDH-12
North: Residential and agricultural, RS-5
and County RS
East: Religious Institution, County RS
South: Manufactured Housing Park, County
RMH
West: Residential, RS-5
Intersections such as this are appropriate
locations for mixed uses and medium
density residential development. The Plan
encourages the creation of group living
facilities for seniors.
February 17, 2006
April 2, 2006
SPECIAL INFORMATION:
Public utilities:
City water service is available for this
property.
Public services:
Police and fire will be provided by the City.
Refuse and recycling provided by a private
hauler.
Transportation:
The nearest bus route is the T own crest
route, which passes through the intersection
of Village Green Boulevard and Muscatine
Avenue, approximately 1/4 mile west of this
property.
BACKGROUND INFORMATION:
In 1998 the City approved an annexation, rezoning and preliminary plat for Silvercrest. The
approved plan included a 68-unit assisted living facility, a 120-unit independent living apartment
building for elderly residents, a 9,000 square foot medical office building and a 60-bed medical
rehabilitation facility. The OPDH plan was amended in 1999 to reconfigure the design of the
independent living apartment building and the rehabilitation facility. The revised plan included
only 72 independent-living units with the potential for up to 46 additional units. The OPDH plan
was amended a second time in 2000 to replace the rehabilitation center with a 40-unit assisted
living building for persons with Alzheimer's. The plan was again amended in 2002 to replace the
independent living apartment building with four-24 unit independent living apartment buildings,
four 4-unit town house style buildings and one 2-unit building.
The applicant is now seeking to 1) revise the plan to replace two of the 24-unit independent
living apartment buildings with one 57-unit apartment building (this building is labeled
Independence Ridge II on the plan), 2) the addition of building area for a common kitchen,
dining and recreational facilities, 3) addition of a corridor to connect the proposed 57-unit
building with the existing 24-unit building (Independence Ridge I), 4) the addition of 3 units to
the 24-unit building on the south side of the property (Independence Ridge III) and a skywalk to
connect the resulting 27-unit building with the 57-unit building where the common facilities are
proposed to be located. The townhouse style units would be replaced by duplex style units for a
reduction of 10-units in the southwest corner of the site. With the additional units in the multi-
family buildings the overall unit count would increase by 2 from 114 to 116. This would still be
within the maximum density of 130 dwelling units that the Planned Development Overlay zone
would allow for this property.
The applicant is also proposing to replat the property to reconfigure the lot lines and easements
to accommodate the revised building locations.
ANALYSIS:
As noted above the original plan for Silvercrest included a large 120-unit multi-family building
intended for apartments for elderly residents. The plan has been amended several times with
the most recent plan having included four 24-unit buildings, 18 townhouse or duplex style units
for a total of 114 dwelling units. The units were to be marketed as "independent living
apartments" for residents over 55 years of age. Limited services would be available. This would
be in contrast to the assisted living building located in the first part of Silvercrest where residents
have services such as meal preparation, housekeeping, personal care and some nursing
services.
In the second part of Silvercrest only one of the 24-unit buildings has been built (Independence
Ridge I). The applicant has indicated that during marketing of this project, potential residents
have expressed a desire for communal services, such as dining and recreational facilities, and
have requested that these facilities be located under one roof. Therefore in the area previously
designated for two of the 24-unit buildings, the applicant is proposing to build one larger building
that would include 57 dwelling units and communal facilities that would be available to the
residents of all of the project's buildings. The proposed skywalk and corridor would connect the
3 apartment buildings. As with the previously approved plans most of the parking would be
located in the lower level of the buildings. In addition to the existing parking lot located west of
Independence Ridge I, surface parking areas are proposed east of Independence Ridge II and
north of Independence Ridge III.
The proposed amendments would result in one larger building replacing two of the previously
approved 24-unit buildings. The size and scale of the proposed buildings would appear to be
less suited to a residential neighborhood, but would be smaller than the 120-unit building
originally approved for Silvercrest in 1998. At the time that the 120-unit building was approved,
staff and the Planning and Zoning Commission indicated that although it was a large building,
the division of the building into smaller wings and the use of features such as bay windows and
balconies helped to lessen the mass of the building. The current proposal contains two wings.
The building design includes balconies, a brick fac;;ade on the first floor and cement board lap
siding on the upper levels, and architectural details similar to the existing buildings that have
been constructed on the property. In staffs view these design features will help to make the
larger building compatible with the Silvercrest development and the surrounding neighborhood.
Like the previously approved buildings the proposed multi-family buildings would be 3 stories in
height, except the elevations which contain the garage entrances. To accommodate the
entrances to the underground parking spaces these elevations would exceed the 35-foot height
limit by approximately 10 feet. The OPO regulations do allow approval of variances in height
and other dimensional requirements, provided that the City determines that the variances are in
the public interest, will not adversely affect nearby properties and are in harmony with other
building regulations. A height variance was approved for the previous OPO for Silvercrest. In
staff's view the requested height variance meets the intent of the OPO regulations to allow
flexibility and better building design. In this case the increased height will allow underground
parking, which will minimize the requirements for surface parking areas. The taller portions of
the buildings are set back over 120 feet from adjacent properties and therefore will have
minimal effect on neighboring properties.
The proposed plan includes a skywalk that would connect buildings II and III. This would allow
residents of building III to walk within a climate controlled environment to the common dining
and recreational facilities located in building II. Although skywalks are not typically found in
residential developments in Iowa City, the bulk of this structure would be over 200 feet away
from adjacent properties and not highly visible to the general public. The structure has been
designed to provide adequate clearance for emergency vehicles and large trucks.
Although the proposed amendments to the OPD plan for Silvercrest will result in a larger
building replacing two previously approved buildings, staff feels that the design of the building is
an acceptable alternative to the most recently approved plan.
STAFF RECOMMENDATION: Staff recommends approval of the amended OPD plan and
preliminary plat for Silvercrest Residential Community Part 3, a 7-lot, 12.17-acre, 116-unit multi-
family elderly housing development located south of American Legion Road and east of Scott
Boulevard. Approval includes an increase the height requirements to 47 feet to allow for the
underground parking.
ATTACHMENTS:
1. Location map
2. Amended preliminary OPD plan/preliminary plat.
3. Previously approved OPDH plan
4. Building elevations
Approved by: -=yfID~
Jeff Davidson, Assistant Director
Department of Planning and
Community Development
uIbob/silvercresl-OS
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IOWA CITY, IOWA '':':''''.''''
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! JANUARY 26,2005
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JANUARY :<0. 2~%
Bob,
The purpose of this memo is to confirm our conversation regarding the outdoor illumination
of Silvercrest Part two. I will keep this short and sweet.
As you will notice if you drive by Silvercrest, when you come to the intersection of Scott Blvd. and
American Legion Road, the night just lights up with the light pollution from the original buildings.
While Silver Crest is a great neighbor, and we all enjoy some lighting on that stretch of road, I
would like them to be aware of the light pollution that does exist from their inadequate shielding of
their lighting. On a nice clear evening, there is so much light escaping skyward that many of the
beautiful stars are not visible.
This is similar to the problem the folks around City High had several years ago, there were high
illumination lighting installed that turned night into day for several blocks.
Please make these folks aware of my concern and if possible correct the original lighting. I am
sure if you were to drive by this site, you would agree that it looks like a Wal Mart Parking lot in
the middle of a residential neighborhood.
Thank you again for you response,
Don Sanders
Iff
[TI
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONAllY REZONING APPROXIMATELY 1.51 ACRES OF
PROPERTY lOCATED ON KOUNTRY LANE SE EAST OF SYCAMORE STREET FROM
INTERIM DEVELOPMENT-MULTI-FAMILY RESIDENTIAL (ID-RM) TO LOW DENSITY MULTI-
FAMILY RESIDENTIAL ZONE (RM-12). (REZ06-00003).
WHEREAS, Sycamore Apartments, LLC has applied for a rezoning of approximately 1.51 acres of
property from ID-RM to RM-12, to allow a development with multi-family apartment structures; and
WHEREAS, said property is located on Kountry Lane SE, east of Sycamore Street; and
WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential
type development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development
and has heard public input; and
WHEREAS, the Commission recommended approval, subject to conditions, which are related to
maintaining sufficient transition and buffer for the adjoining single-family residence from the proposed multi-
family apartment structure as shown on the concept plan.
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 Interim
Development-Multi-Family Residential (ID-RM) to Low Density Multi-Family Residential Zone (RM-12):
THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT THE REALTY
DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68 AND EXCEPT THE
REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 1164 - PAGE 148 AND
EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 2771 - PAGE
223, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88036'22"W - 451.10
FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN DESCRIBED:
THENCE SOl023'38"E - 236.02 FEET; THENCE SOUTHWESTERLY - 254.83 FEET ALONG A
260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY WITH A CENTRAL ANGLE OF
56009'27" AND A CHORD OF S58031'41"W - 244.76 FEET; THENCE NOo056'23"W - 375.20 FEET;
THENCE N88036'22"E - 208.82 FEET; THENCE SOl023'38"E - 16.50 FEET TO THE POINTE OF
BEGINNING. SAID PARCEL CONTAINS 1.51 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 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 attached
Conditional Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
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 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.
Ordinance No.
Page 2
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
,!It .~
CitY Attorn~
~~/ov
ppdadmlordlREZ06-00003.doc
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ06-00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Sycamore Apartments, LLC. (hereinafter "Owner/Applicant"), and
WHEREAS, Owner/Applicant is the legal title holder of approximately 1.51 acres of property
located on the on Kountry Lane SE, east of Sycamore Street; and
WHEREAS, the Owner/Applicant requested the rezoning of said property from Interim
Development Multi-Family (ID-RM) to Low Density Multi-Family Residential zone (RM-12); and
WHEREAS, the Planning and Zoning Commission has determined that, with conditions
regarding creating and maintaining a sufficient transition space and buffer for the adjoining
single-family residential property, the rezoning is appropriate and the Low Density Multi-Family
Residential zoning is in conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code ~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 requested change; and
WHEREAS, the Owner/Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure a sufficient transition and buffer to the adjoining single-family residential
property; and
WHEREAS, Owner/Applicant 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. Sycamore Apartments, LLC. is the legal title holder and the applicant for a rezoning of
the property legally described as follows:
THE NE1/4 SE1/4 AND THE SOUTH 1 ROD OF THE SE1/4 NE1/4 SECTION 26,
TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, IOWA EXCEPT
THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK 699 - PAGE 68
AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY RECORDER'S BOOK
1164 - PAGE 148 AND EXCEPT THE REALTY DESCRIBED IN JOHNSON COUNTY
RECORDER'S BOOK 2771 - PAGE 223, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE E1/4 CORNER OF SAID SECTION 26, THENCE S88036'22"W-
451.10 FEET TO THE POINT OF THE BEGINNING OF THE SAID PARCEL HEREIN
DESCRIBED: THENCE S01023'38"E - 236.02 FEET; THENCE SOUTHWESTERLY -
254.83 FEET ALONG A 260.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY
WITH A CENTRAL ANGLE OF 56009'27" AND A CHORD OF S58031'41"W - 244.76 FEET;
THENCE NOo056'23"W - 375.20 FEET; THENCE N88036'22"E - 208.82 FEET; THENCE
S01023'38"E - 16.50 FEET TO THE POINTE OF BEGINNING. SAID PARCEL CONTAINS
1.51 ACRES.
ppdadmlagVfairviewfalrviewcza - kountry lane.doc.doc
1
2. Owner/Applicant acknowledges that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan. Further, the
parties acknowledge that Iowa Code ~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 caused by the requested
change, including provisions for maintaining sufficient transition between proposed low
density multi-family residential zone and the existing single-family residential zone.
Therefore Owner/Applicant agrees to certain conditions over and above City regulations
as detailed below.
3. In consideration of the City's rezoning the subject property, Owner/Applicant agrees that
development of the subject property will conform to all other requirements of the zoning
code, and that the developer is required to maintain a minimum building setback of 35
feet from the east property line and that any proposed apartment building shall not be
taller than 2 and half stories. In addition, any proposed development shall conform to the
landscape plan, building location and orientation, and the proposed trails connection to
the Sycamore Greenway shown in the concept plan attached herewith.
4. The Owner/Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner/Applicant 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 with title to the land, unless or until released of record by the
City of Iowa 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other 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 April, 2006.
CITY OF IOWA CITY
Sycamore Apartments, LLC.
Ross Wilburn, Mayor
ppdadrnlagVfairviewfairviewa.a - kountry lane.doc.doc
2
Attest:
Marian K. Karr, City Clerk
~~_h
City Attorney s 0 ce
~/t:-.,f()u
Approved by:
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 Ross Wilburn 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:
SYCAMORE APARTMENTS, LLC. 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
to me personally known, who, being by me duly sworn, did say that they are the
, of said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
hereto is the seal of said corporation by authority of its Board of Directors; and that the said
as such officers aCknowledged the execution of said instrument to be
the VOluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadmfagtffairviewfairviewcza. kountry lane,~oc.doc
3
Syc()more Ap()rfmenfs
Landscape Burrer
N
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60
Seals: I' .3'"
Mar. 1,2006
o compod Burning Bush
split roil
fence n
IZumi Cmbopple I ~
5 Hhite Pine
5 compoct Burning Bush
5 compoct Burning Bush
Berm
5 compoct Burning Bush
3 Zuml Cmbopple
3 Hhite Pine
Nelson Desi~n
_ P.LC,-
LollOdPlllnrWlg:- L~ Archilocture
112 W05IFIfth S"""'t
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~ ::::::=:=:
Sycamore Apartments N
Rezoning lOAM to AM-12 ~
Exl.t1ne Zonlne - F!l1-12 (6.12 Ac:rso)
Exl.tlne Zonlne IDF!l1 (I.EoI Ac:rso) Propo.sd F!l1-12
Seals: 1" . 100'
Tot.al 823 Acree ... Maximum dsn61t~ . 131 un~t6 Feb. 21. 2006
Bides. Exlst./Proposed Units Parl<.lne reC\ulred Parl<.lne Proposed
8- 12 plexes (2 bdrm. vnlts) <16 = 1<12 parking spaces 11<1 parking sp=es
1 - 8 plex (2bdrm. vnlts) 8 = 16 perkIng spaces 4b ~arage:s
2 - 8 plexes (I bdrm vnlts) 16 = 16 parkIng spaces 6 oncIlcaf sp=es
1 - 10 plex (I bdrm units) 10 = 10 parklnq spaces 4 c.ompac. spaces
130 unl\6 234 T ota 1 .paeeo r""lulroOd 23Eo T ota 1 .pace. propo.sd
- ---
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F"",l3IQ)&!7-68Ol
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Ordinance No.
Page 2
and publication of this ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approv of the Ordinance,
and aft r execution of the Conditional Zoning Agreement, the City Clerk is hereby thorized and directed
to certi copy of this ordinance and to record the same, at the office of the Co ty Recorder of Johnson
County, 10 ,at the owner's expense, all as provided by law.
SECTIO Y. REPEALER. All ordinances and parts of ordinances in co ICt with the provisions of this
Ordinance are h eby repealed.
SECTION VI. VERABILlTY. If any section, provision or part of the rdinance shall be adjudged to be
invalid or unconstitutio I, such adjudication shall not affect the validity the Ordinance as a whole or any
section, provision or part reof not adjudged invalid or unconstitution .
SECTION VII. EFFEC E DATE. This Ordinance shall be i effect after its final passage, approval
and publication, as provided by w.
c:'c..
,20_.
MAYOR
ATTEST:
CITY CLERK
ppdadmlordlREZ06-00004 .doc
CiJ
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sunil Terdalkar
Item: REl06-00003 Kountry Lane SE
Date: February 16, 2006
GENERAL INFORMATION:
Applicant:
Sycamore Apartments LLC
821 South Gilbert Street
Iowa City, IA 52240
(319) 354-1961
Contact Person:
Brenda Nelson
Nelson Design
112 W 5th Street
West Liberty, IA 52776
Phone:
(319) 627-6818
Requested Action:
Rezoning from ID-RM to RM-12
Purpose:
Development of multi-family residential buildings
Location:
Kountry Lane SE
Size:
Approximately 1.51 acres
Existing Land Use and Zoning:
Undeveloped - ID-RM
Surrounding Land Use and Zoning:
North: Undeveloped, County residential - R
South: Park, Public - P
East: County Residential - R
West: Multi-family Residential- RM-12
Comprehensive Plan:
Multi-family Residential
Neighborhood Open Space District
Saddle Brook
File Date:
January 26, 2006
March 13, 2006
45-Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Sanitary sewer and water lines are available
Public Services:
The City will provide Police and fire protection.
Refuse and recycling collection services will be
provided by a private provider. Currently no
transit routes serve this area.
2
BACKGROUND INFORMATION:
The applicant, Sycamore Apartment LLC, is requesting approval for rezoning a 1.51-acre property
from Interim Development (ID-RM) to Low Density Multi-Family Residential (RM-12) zone. The
property is located on the Kountry Lane east of Sycamore Street. The property is part of an overall
development under the ownership of Sycamore Apartments LLC. The applicant has provided a
concept plan showing two new multi-unit apartment structures to be added to the overall
development. This property was annexed into the city in 1994. At that time it was zoned ID-RM
along with a larger tract to the south. The larger ID-RM area was separated from this 1.5 acre tract
when the City purchased property for the Sycamore Greenway.
ANALYSIS:
Comprehensive Plan and Zoning
The current zoning Interim Development Multi-family Residential (ID-RM) permits limited
development of the property due to the lack of adequate public utility services. The larger portion
of this property, located to the west, was rezoned for multi-family residential use while it was still in
the County jurisdiction. At the time of annexation to the city, the zoning designation for the portion
that was already zoned for multi-family use was carried forward and the undeveloped portion was
rezoned to ID-RM. An adjoining property on the east is a single-family residential property and the
land under consideration provides a transition or acts as a buffer from the existing multi-family
residential development on the west. When the 1.51-acre land is developed, this transition will not
exist. The applicant has submitted a concept plan, which shows how apartment buildings could be
built on this property with a buffer for the adjacent single-family house. The structure placed
closest to the east boundary is shown approximately 35 feet away from the east property line and
could be potentially a 3-storey 12-plex. Staff recommends that a conditional zoning agreement
require a minimum 35-foot setback with evergreen landscape buffer.
Traffic Implications
The property is accessed though a private drive from Kountry Lane, which then connects to
Sycamore Street through Lehman Drive. Sycamore Street is currently a chip-seal road. According
to a 2002 traffic count, Sycamore Street carries approximately 1690 vehicles per day. With the
proposed rezoning, approximately 24 additional units could be developed, generating
approximately 144 additional trips per day (at a rate of 6 trips per day per unit). A portion of which
will contribute to Sycamore Street traffic. Although the condition of Sycamore Street is not ideal,
the proposed rezoning and development would only marginally increase the traffic count. Before a
larger area is rezoned for development, improvements of Sycamore Street to city standards
should be addressed.
Storm water management and Infrastructure fees:
The storm water run-off from this property drains to the South Sycamore Regional Storm Water
System and therefore a Green Space fee of $855 per acre (a total of $1,291.05 for 1.51 acres) is
required. Sanitary sewers tap on fees $1,796.50 per acre (a total of $ 2,712.72 for 1.51 acres) and
water main extension fees $395.00 per acre (a total of $ 596.45 for 1.51 acres) apply to this
property.
STAFF RECOMMENDATION:
Staff recommends that REZ05-00020, a rezoning of approximately 1.51 acres from Interim
Development Multi-family Residential (ID-RM) to Low Density Multi-family Residential RM-12
located on Kountry Lane, west Sycamore Road, be approved, subject to a conditional zoning
agreement requiring a minimum 35-foot building setback from the east property line with
evergreen landscaping to provide a buffer for the adjacent single-family house.
ppdadmin\stfrep\rez06-QOOO3 kountrylane
3
ATTACHMENTS:
1. Location Map
2. Concept Plan
Approved by: p~'
Robert Miklo, SEfnior Planner,
Department of Planning and Community Development
ppdadminlstfrep\rezQ6-00003 kountrylane
CITY OF IOWA CITY ~
~ Q , ~-
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RS8 OPD/RS12
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" RM12
RR1
r Sycamore
0 Green WQ Y
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ID-RS ID-RM
...........
SITE LOCA nON: Kountry Lane SE REZ06-00003
Sycamore Apartments N
Rezonhg DAM to RM-12 ~
Exletlng Zanmg - ~-12 (6.12 Aase)
EXletlng Zanmg IDIOM (1.&1 Aa..J I"ropoee<:t ~-12 &callS: I" . 100'
Total 8.2~ Acrse - MaxlmUIII c:t_lty . I~I Ul'Ilte Feb. 6, 2006
6IdS&. Exl&tJFroPO&ed Unlt& ParkIns required Parkins Fropo&ed
a- 12 F.lexes (2 bdrm. units) '16 = 1'12 pa-1<Ing "f'OG"s n'l pa-1<Ing spaces
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2 - I!> plexes 0 bdrm units} 16 = 16 pa-I<Ing spaces 6 I~ spaG6s
I - 10 plex (I bdrm units) 10 = 10 pa-kInq spaces 4 GompaG spaG6s
I~Ul'Ilte 23-4 Total epaceo -=lulred 235 Total epaceo prapaeec:t
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CITY OF IOWA CITY
MEMORANDUM
DATE: MARCH 2. 2006
TO: THE PLANNING AND ZONING COMMISSION
FROM: SUNIL TERDALKAR, ASSOCIATE PLANNER
RE: SYCAMORE APARTMENTS (REZ06-00003)
In the February 16, 2006 meeting, the Commission deferred the approval for the above
mentioned rezoning application at the request of the neighboring property owners and
with the consent of the applicant. The applicant has agreed to submit a revised plan that
addresses some of the issues and concerns raised in the meeting. Attached is a copy of
the email from the representative of the applicant. The applicant has also indicated that
the proposed apartment structure (# I) will be no more than two and a half storey in
height.
Enclosed.
Page 1 of 1
Bob Miklo
From: Steve Gordon [sgordon@ammanagemenl.net]
Sent: Friday, February 24, 2006 12:40 PM
To: Bob Miklo
Subject: Sycamore
Bob, I talked to Brenda about the Sycamore plan. She will be unable to complete the changes and get them to
you today so I wanted to verbalize what we are doing. We will get an updated plan to you next week so it is
available for the meeting.
1. We have moved building I back towards the south to be parallel with buildings A&B. This was a request of
Mr. Van Dusseldorp.
2. We have moved building I to the west approximately 5'. This will put building 1 40' from the property line.
Mr. Van Dusseldorps house sits approximately 87' east of the property line. There will be 127' feet between
building I and Mr. Van Dusseldorps house. Moving building I further to the west was at the request or Mr.
Van Dusseldorp.
3. We have included a connection between the project sidewalk and the City trail system. This was a request
of Mr. Van Dusseldorp.
4. We will prepare a landscape plan for the area between building I and the property line. The landscape pian
will include a berm, evergreen trees and plantings. This was a request of Mr. Van Dusseldorp.
5. We will install a split rail fence along the property line between this project and Mr. Van Dusseldorps
property. This was a request of Mr. Van Dusseldorp.
Please let me know if you have any questions. I will get you a copy of the revised site plan as soon as it is
available.
Thanks
Steve
2/24/2006
c::l
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00Q04)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY ONE (1) ACRE FROM lOW DENSITY
SINGLE-FAMILY RESIDENTIAL ZONE (RS-5) TO PLANNED DEVELOPMENT OVERLAY ZONE
(OPD-5) WITH A SENSITIVE AREAS DEVELOPMENT PLAN, FOR THE PROPERTY LOCATED
ON DUBUQUE ROAD AND NORTH DODGE STREET (REZ06-00004).
WHEREAS, Three Bulls, LLC has applied for a rezoning of approximately one (1) acre of property from
RS-5 to OPD-5, to allow a planned development with five townhouse-condominium units the construction;
and
WHEREAS, said property is located on Dubuque Road and North Dodge Street; and
WHEREAS, the South District Plan identifies the area as appropriate for single-family/duplex residential
type development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed planned development
and has heard public input, and
WHEREAS, the Commission found that the design of the project, in terms of clustering the units,
minimization of disturbance of the sensitive areas, architectural articulation and use of a combination of
stone fiber cement board siding with shingle style accents, is in compliance with the standards specified in
the Code and therefore has recommended approval subject to staff approval of a landscape plan and legal
papers; and
WHEREAS, the conditions recommended by the Commission are related to providing landscaping
along North Dodge Street, in order to ensure that there is adequate buffer for the townhouses.
NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of IOWA CITY,
IOWA:
SECTION 1. APPROVAL. The property described below is hereby reclassified from Low Density Single-
family Residential Zone (RS-5) to Planned Development Overlay Zone (OPD-5) and the associated
Preliminary Sensitive Areas Development Plan is approved:
COMMENCING AT AN IRON PIPE ALONG SIDE A STONE, SAID STONE BEING SHOWN ON A
PLAT RECORDED IN PLAT BOOK 4, PAGE 109, JOHNSON COUNTY RECORDER'S OffiCE AS
BEING 343 fEET NORTHERLY AND 276 fEET WEST Of CENTER Of SECTION 2, TWP 79 N,
RANGE 6 WEST Of THE 5TH P.M., THENCE EAST 44.4 fEET TO AN IRON PIPE ON THE
NORTHERLY RIGHT-Of-WAY LINE Of HIGHWAY #1, THENCE N 56 DEGREES 46 MINUTES E,
261.5 fEET ALONG SAID RIGHT-Of-WAY LINE TO A RAILROAD RAIL MARKER, THENCE
CONTINUING ALONG HIGHWAY RIGHT-Of-WAY LINE N 67 DEGREES 22 MINUTES E, 108.9
fEET TO A RAILROAD RAIL MARKER, THENCE N 56 DEGREES 43 MINUTES E, 226.6 fEET TO
AN IRON PIN ON SAID RIGHT-Of-WAY LINE, THENCE CONTINUING ALONG THE HIGHWAY
RIGHT-Of-WAY LINE N 56 DEGREES 43 MINUTES E, 454.08 fEET TO A RAILROAD RAIL
MARKER AN THE POINT Of BEGINNING, THENCE ALONG SAID RIGHT-Of-WAY LINE N 56
DEGREES 43 MINUTES E, 284.20 fEET, THENCE N 30 DEGREES 17 MINUTES W, 185.78 fEET
ALONG THE SOUTHEASTERLY RIGHT-Of-WAY LINE Of OLD DUBUQUE ROAD, THENCE S 59
DEGREES 43 MINUTES W, 171.44 fEET, THENCE S 1 DEGREE 02 MINUTES E, 229.8 fEET TO
THE POINT Of BEGINNING, CONTAINING AN AREA Of 1.00 ACRES, MORE OR LESS.
SECTION 11. VARIATIONS. Section 14-3a of City Code provides that variations in the zoning
requirements may be approved for Sensitive Areas Development Plans to permit the clustering of density.
The following variation from the RS-5 zoning requirements is hereby approved as part of the Preliminary
Sensitive Areas Development Plan with this Planned Development Overlay rezoning:
The construction of one (1), five-unit townhouse-condominium building using a combination of stone,
fiber cement board siding with shingle style accents for exterior finishes on all fa98des, as shown on the
Planned Development and Preliminary Sensitive Areas Development Plan.
SECTION III. 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
Ordinance No.
Page 2
and publication of this ordinance by law.
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 this 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 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
APP~~~~
,If'JPt ~ ~
City Attorney' Office
'I / r~t;.
ppdadm/ordlREZ06-00004 .doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
O'Donnell. NAYS:
Second Consideration
Vote for passage:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
4/4/06
AYES: Vanderhoef, Wilburn,
None. ABSENT: None.
Date published
that the Ordinance
Bailey, Champion, Correia, Elliott,
-.------".-----------.----.....-----.--...--..--....-'-~-~-----
To: Planning & Zoning Commission
Item: REZ06-00004
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District
File Date:
45-Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Public Services:
(;u
STAFF REPORT
Prepared by: Sunil Terdalkar
Date: March 2, 2006
Three Bulls, LLC
2621 Catskill Court,
Iowa City, IA 52245
(319) 631-5800
Duane Musser
MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City IA 52241
(319) 351-8282
Planned Development Overlay (OPD-5) with a
Sensitive Areas Development Plan
Development of five townhouse style residential
units
West of North Dodge Street on Dubuque Road
Approximately one (1) acre
Undeveloped - RS-5
North: Undeveloped - RR-1
South: Undeveloped - RDP
East: Undeveloped and Residential- RR-1
West: Residential - RS-5
Single-family Residential
Dubuque Road (N1)
February 9, 2006
March 27,2006
Sanitary sewer and water lines are available
The City will provide police and fire protection.
Refuse and recycling collection services will be
provided by private service providers. Transit
route North Dodge serves this area with the
2
nearest bus stop at the intersection of Dubuque
Road and North Dodge Street.
BACKGROUND INFORMATION:
The applicant, Three Bulls, LLC, is requesting approval of for a Planned Development rezoning
(OPD-5) along with a Sensitive Areas Development Plan for an approximately one-acre property.
The applicant is proposing a residential development of townhouse-condominiums with five units
on this property located at the south west side of the intersection of North Dodge Street and
Dubuque Road.
ANALYSIS:
Comprehensive Plan Compliance and Zoning Analysis:
Historically the area along Dubuque Road was used for dairy farming and the rural character of
this area still exists, to some extent, in the historic farmhouses and barns. One of the
implementation objectives of the North District Plan is to encourage housing and land
development in this area that is in keeping with the character of this area. The plan identifies the
area on the west of Dodge Street and up to 1-80, is suitable for single-family or duplex residential
type development.
The general area contains many sensitive natural features which provide ample open space. One
of the goals the North District Plan aims to achieve is clustered development through the principles
of conservation design to protect these environmentally sensitive areas. The current zone - RS-S
_ for this property allows for a single-family residential development with a maximum density of
five dwelling units per acre and minimum lot area of 8,000 square feet.
The applicant is requesting approval for a rezoning to Planned Development Housing Overlay
Zone (OPD-S), with the density of the underlying RS-S zone, to develop a cluster of townhouse-
condominiums. Under the provisions for Planned Development Housing Overlay Zone, the
minimum area for such development should be two acres or more. However, if sensitive areas
exist and the property is not less than one acre in area, and a planned development could provide
a more efficient alternative to conventional development, such development qualifies for OPD
rezoning.
The sensitive areas found on the property include regulated slopes and wooded areas. The
sensitive areas development plan provided by the applicant shows the protected, critical and steep
slope areas and the associated buffers. The wooded areas and a tree protection limit lines are
also shown. These areas are located in the western half of the property.
Under the RS-S zone, staff estimates that a maximum of three single-family units could be
developed on this property. With the OPD-S proposal the applicant is proposing five attached
units, which is the maximum density allowed for the underlying RS-S zone. The design proposed
for this development includes five townhouse units attached and qualify as Condominium
Development. Each townhouse unit is approximately 20 feet wide and s2 feet long, making the
overall structure 108 feet along Dubuque Road. The building is designed with separate building
planes that articulate the units creating breaks in the single long building plane. The front entry
porches provided for each unit increase the residential character for the structure. The proposed
building material is fiber cement board lap siding with shake style shingle accents. In staff's view,
proposed structure meets the general standards for approval in terms of mass, scale and general
layout.
As per the Multi-Family Site Development Standards in the zoning code, a drive can not be placed
ppdadmin\stfrep\rez06-Q0004 dubuqueroad-threebulls
3
closer than 10 feet from the lot line or any portion of a building. The buffers created should be
minimum 10 feet wide and landscaped with at least S2 standard. The applicant has requested a
reduction for buffer width. Only one vehicular access is provided and the on-site parking is
provided on the back side of the structure and has agreed to provide a landscaped buffer in a
reduced area. The Planned Development encourages creating pedestrian oriented street-
frontages, by providing the parking spaces on the back of the structure the applicant has tried to
meet the approval criteria. If properly landscaped, in staff's view, the reduced buffer area would be
consistent with the intent of the standard.
The design plan is also required to meet the following approval criteria:
1) Pedestrian Facilities, both on-site and along the streets
The code requires that adequate pedestrian facilities be provided as part of a pedestrian
network plan that shows access to public streets, sidewalks, building entrances, parking
areas shared open spaces, natural areas and other amenities. It is also required that
sidewalks are provided according to city standards and designed to provide safe and
comfortable environment. The sidewalks should be planned such that it is adequately
buffered from vehicular traffic, and that there are limited driveway interruptions and street
trees are planned to create pedestrian friendly environment.
The applicant has agreed to provide sidewalk system for the development that would
connect to the proposed sidewalk along Dubuque Road. Revised plans showing the
sidewalks should be submitted prior to the commission consideration. The building is
designed with separate building planes that are articulate the units. Porches provided for
each unit increase the residential character for the structure.
2) Tree Requirements
The code requires submittal of a landscape plan that illustrates and lists the specifications
about the landscape elements such as species, size, locations, and mature height for both
proposed and existing trees. The plan must illustrate how the requirements provided in the
Landscape and Tree Standards section of the code will be satisfied. All the plantings must
be installed prior to occupancy or commencement of a use.
The applicant has provided a landscape plan showing trees along east property line
Dubuque Road that meets the requirements.
3) Open Space Requirementsl Neighborhood parkland or fees in lieu of:
Residentially zoned planned developments are required to dedicate land or fees in lieu of
land. The Neighborhood Open Space Plan identifies the proposed development as part of
the Dubuque Road Neighborhood Open Space District (N1). Based on the Neighborhood
Open Space Ordinance, a subdivision of this size is required to dedicate 0.024 acres
(1,023.55 square feet) of open space or pay fees in lieu of dedication. The plat has been
referred to the Parks and Recreation Commission.
(Formula used for calculation: A [area of undeveloped property] x 0.65 [percentage of the
average development density occurring in Iowa City] x DU [maximum dwelling units per
undeveloped acre] x PDU [persons per DU based on most recent census] x 3/1000
[community standard of acres for active neighborhood open space required per 1000
persons] = 1 x 0.065 x 5 x 2.41 x 0.003 = 0.024 acres).
Given that the proposed development is clustered, maintains and preserves the sensitive areas,
and includes an attractive design attempt with quality building materials, in staff's view, the
proposal is consistent with the code and the future land use scenario of the North District Plan.
ppdadmin\stfrep\rez06-QOOO4 dubuqueroad.threebulls
4
Traffic Implications:
The development will add approximately 35 trips to the traffic system of the area and should not
have a major impact on Dodge Street. However, as Dubuque Road is currently a narrow
substandard street, it needs to be upgraded to City standards. As part of the ongoing Dodge
Street improvement projects part of this street will be upgraded. The owner/developer is required
to share cost of improvement for the remaining section of the street up to the western boundary
line of the property. The owner/developer is also responsible for installing the sidewalk from
Dodge Street up to the western boundary line of the property along Dubuque Road.
The North District Plan shows an 8-foot wide sidewalk is required along Dubuque Road. However,
considering the density and the rural character of the area, staff feels that, a standard sidewalk
could better serve the area and help maintain the character of the neighborhood.
Infrastructure fees:
The developer is required to extend the sanitary sewer line to the north boundary line of the
property. Water main extension fees-$395 per acre applies to this property.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until the deficiencies and discrepancies noted
below are resolved.
Upon resolution of these items staff recommends that REl06-00004, a rezoning of approximately
one-acre land from Low Density Single-family Residential (RS-5) to Planned Development Overlay
(OPD-5) with a Sensitive Areas Development Plan, be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Details about the approval criteria mentioned above
2. Elevations for all the facades of the proposed structure
3. Title change (Planned Development Overlay, Sensitive Areas Development Plan)
4. Errors, incomplete information and other technical corrections identified by the City Engineer
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
Approved by: ,.!:?-zv{...r4-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
ppdadmin\stfrep\rez06..o0004 dubuqueroad-threebulls
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PLAT/pLAII APPROVED ~RELlMINARY OSA-5 AND SENSITIVE AREAS SITE DEVELOPMENT PLAN
by !he .. DUBUQUE ROAD CONDOMINIUMS
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Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE REZONING 1.80 ACRE PROPERTY LOCATED AT 1803/1835 BOYRUM STREET
FROM INTENSIVE COMMERCIAL (CI-1) TO COMMUNITY COMMERCIAL (CC-2). (REZ06-00005)
WHEREAS, the applicant, Hy-Vee Food Stores, has requested a rezoning of properties located at 1803
and 1835 Boyrum Street from Intensive Commercial (CI-1) to Community Commercial (CC-2) in order to
allow expansion of their current store, located On abutting property south of Highway 6; and
WHEREAS, the Planning and Zoning Commission found that abutting properties to the west and north
are currently zoned CC-2; and
WHEREAS, the Planning and Zoning Commission has found that the CC-2 zone is intended to provide
major business districts that serve a significant segment of the total community population requiring access
from major thoroughfares; and
WHEREAS, the Planning and Zoning Commission has found that Boyrum Street is a commercial
collector street designed to accommodate such volumes of traffic; and
WHEREAS, the Planning and Zoning Commission has found that the Comprehensive Plan identifies the
Highway 6 Corridor as a significant commercial center for the community; and
WHEREAS, the Planning and Zoning Commission has found that the South District Plan identifies these
properties as General Commercial in its "Future Land Use Scenario"; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
rezoning; 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 Intensive Commercial (CI-1) to Community Commercial (CC-2) is hereby approved:
LOTS 1-13 BOYRUM SUBDIVISION PART 2 AS RECORDED IN BOOK 24 AT PAGE 12 OF THE
JOHNSON COUNTY RECORDER'S OFFICE.
SECTION II. 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 III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance, 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
Page 2
SECTION VI. 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
:~~~~ 3((7/~
Wpdata\ppadminlordIREZIJ6.OOOO5-1803Boyrum.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 4/4/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
&eI
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz
Item: REZ06-00005 1803/1835 Boyrum St. Date: March 2,2006
GENERAL INFORMATION:
Applicant:
Hy-Vee Food Stores, Inc.
5820 Westown Parkway
West Des Moines, IA 50266
Contact Person:
John Brehm
Hy-Vee Engineering
5820 Westown Parkway
West Des Moines, IA 50266
Phone:
515-453-2795
Requested Action:
Rezoning from CI-1 to CC-2
Purpose:
To allow expansion of the existing Hy-Vee Store at
1720 Waterfront Drive into neighboring properties.
Location:
1803/1835 Boyrum Street.
Size:
1.80 acres
Existing Land Use and Zoning:
Commercial (CI-1)
Surrounding Land Use and Zoning:
North: Commercial (CC-2)
South: Commercial (CI-1)
East: Commercial (CI-1)
West: Commercial (CC-2)
Comprehensive Plan:
Commercial
File Date:
February 9, 2006
45 Day Limitation Period:
March 27,2006
BACKGROUND INFORMATION:
The applicant, Hy-Vee Food Stores, Inc., is requesting a rezoning from Intensive Commercial (CI-
1) to Community Commercial (CC-2) for two lots (1.8 acres) located adjacent to the Hy-Vee store
on Waterfront Drive to allow expansion of the existing store and parking lot. The subject
properties are located directly east and northeast of the existing Hy-Vee Store-currently Yen
Ching Restaurant and the former Good Will store occupy the sites. The existing buildings that
occupy these lots would be removed to make way for the planned expansion.
In 1994 the City rezoned the current Hy-Vee property from CI-1 to CC-2 to allow the
2
development of the present store. This created an unusual situation in which the CC-2 zone
was located away from the main access street.
ANALYSIS:
Zoning: The Intensive Commercial (CI-1) Zone is intended for businesses that require outdoor
display or storage or businesses that sell or repair large equipment. Retail uses in this zone are
limited to those that tend to generate limited volumes of traffic, such as building supply stores,
hardware, and consignment stores.
The Community Commercial (CC-2) is intended to provide major business districts that serve a
significant segment of the total community population. The CC-2 zone allows for a variety of
retail uses that generate significant traffic and require access from major thoroughfares.
The Comprehensive Plan identifies the Highway 6 corridor as a "significant commercial center
for the community" and anticipates "minor redevelopment" within the commercial areas adjacent
to Highway 6. The South District plan identifies the subject properties as General Commercial in
its "Future Land Use Scenario".
The surrounding areas are already developed with commercial land uses. Properties to the
north, which front along Highway 6, are already zoned CC-2. Properties on all other sides,
including those contiguous lots to the south of Hy-Vee remain zoned CI-1.
Traffic implications
At the time of the previous re-zoning, which allowed construction of the existing Hy-Vee,
considerable attention was given to the traffic implications along those roads providing access
to the site from the west. This included a reconfiguration and improvement of Waterfront Drive
and an extension of the Stevens Drive across the railroad tracks to allow access, with the costs
of these street improvements born by the applicant.
With the proposed expansion of the Hy-Vee Store and parking lot to the east, traffic will likely
be focused along Boyrum Street. Boyrum is a commercial collector street designed to handle
the additional traffic volume that CC-2 uses generate. In Staff's opinion, the. planned
construction of additional entrances into the Hy-Vee parking lot along Boyrum should help to
alleviate some of the congestion in this area.
STAFF RECOMMENDATION:
Staff recommends that REZ06-00005, a rezoning of approximately 1.8 acres from Intensive
Commercial (CI-1) to Community Commercial (CC-2) located at 1803/1835 Boyrum Street, be
approved.
ATTACHMENTS:
1. Location Map
2. Concept Plan
3. Letter from Applicant
Approved by: ,~~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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I SITE LOCATION: 1803 & 1835 Boyrum Street REZ06-00005
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February 8, 2006
Mr. Bob Miklo, Senior Planner
City ofIowa City
410 East Washington Street
Iowa City, Iowa 50420
RE: Rezoning of 1803 Boyrum Street, Lotl3, Boyrum Subdivision - Part 2 and 1835-1855
Boyrum Street, Lots 1-12, Boyrum Subdivision.
Dear Mr. Miklo:
We request that the above referenced properties be rezoned from Intensive Commercial, CI-l, to
Community Commercial, CC-l. Weare planning to expand our existing store and parking areas
at 1720 Waterfront Drive into the neighboring properties to the east. This expansion will be
benefitting the community by not only by providing additional quality services, but also making
the immediate area more attractive and easier to navigate for the motorist and pedestrian. Our
conceptual plan closes three access points along Boyrum Street and separates the Hy-Vee main
vehicular entrance from our neighbors' main entrance to the north. The conceptual plan also adds
a clear walking path from Boyrum to the front of our store. (See attached exhibit)
Community Commercial zoning is prevalent in the areas along Boyrum Street and between
Boyrum Street and Waterfront Drive. By changing the two requested properties to Community
Commercial from Intensive Commercial will not adversely affect the quality and flavor of this
area. Since uses such as building yards, machine shops, and implement dealers are allowed in the
CI-l zone, by rezoning to CC-2 the City will preserve and enhance the retail nature of the area.
In short, changing the current zoning from CI-I to CC-l is consistent with our surrounding
neighbors. It does not appear that this zoning change would have an adverse impact the City's
Comprehensive Plan.
We look forward to working with the City as this request moves through the rezoning process. If
you have questions or need additional information please don't hesitate to call or write.
Respectfully,
--
ohn Brehm, ASLA
Hy-Vee, Inc.
5820 Westown Parkway
West Des Moines, Iowa 50266
Phone: (515) 453-2795
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Hy-Vee, Inc.
5820 Westown Parkway. West Des Moines, Iowa 50266
Phone: (515) 267-2800
~ io~
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
ORDINANCE NO.
AN ORDINANCE AMENDING A CONDITIONAL ZONING AGREEMENT TO REMOVE THE
REQUIREMENT FOR A 30 FOOT LANDSCAPE SETBACK FROM HIGHWAY 1 FOR .63 ACRES
LOCATED AT 809/817 HIGHWAY 1 WEST. (REZ06-00002)
WHEREAS, the applicant, Autohaus Ltd., entered into a Conditional Zoning Agreement as part of a 2001
rezoning from General Industrial (1-1) to Intensive Commercial (CI-1);and
WHEREAS, the original Conditional Zoning Agreement required a thirty (30) foot setback in order to
provide for attractive development in accordance with the aesthetic slandards for the Highway 1 corridor and
to prevent parking or display of merchandise outside of the paved area; and
WHEREAS, the City subsequently vacated the right-of-way/frontage road in front the applicant's adjacent
property; and
WHEREAS, the vacation agreement required the applicant to incorporate both properties into one and to
landscape and maintain the Highway 1 frontage in accordance with a landscape plan approved by the City;
and
WHEREAS, the applicant established a uniform, landscaped bed along the front of both properties; and
WHEREAS, the applicant has requested an amendment to a previous conditional zoning agreement to
remove the 30-foot setback from Highway 1 West; and
WHEREAS, the Planning and Zoning Commission found that the established landscaped bed fulfills the
intent of the setback requirement; and
WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed
amendment to the Conditional Zoning Agreement subject to maintenance of the established landscaped at
the front of the lot and complete compliance with the previous landscaped plan approved by the City; and
WHEREAS, all other requirements of the Conditional Zoning Agreement remain in effect, 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 Conditional Zoning Agreement is hereby amended to remove a
requirement for a 30-foot setback for the property described below:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 79 NORTH RANGE 6 WEST OF THE FIFTH PRINCIPLE MERIDIAN; THENCE NOO'51'23"E,
1157.17 FEET ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE N89'08'39''W,
60.00 FEET TO A POINT ON THE EAST LINE OF LOT 1 RUPPERT SUBDIVISION, PART ONE, AS
RECORDED IN BOOK 27 AT PAGE 15, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE SOO'51'23"W, 133.69 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE N89'08'37", 503.31 FEET ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST
CORNER OF SAID LOT 1: THENCE NOO'51 '23"E, 226.17 FEET ALONG THE WEST LINE OF SAID LOT 1
TO THE POINT OF BEGINNING; THENCE N49'57'39''W, 280.63 FEET; THENCE NORTHEASTERLY
184.38 FEET ALONG A 2231.90 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 184.33
FOOT CHORD BEARS N72'35'52"E; THENCE N74'57'52''W, 44.17 FEET; THENCE SOO'51'23''W, 7.99
FEET TO THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOO'51'23''W, 239.16 FEET ALONG
THE WEST LINE OF SAID LOT 1, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS
27,283 SQUARE FEET, MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTION OF
RECORD.
SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to
certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement 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.
Ordinance No.
Page 2
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
H~ ~(qlt')fo
City Att~~fficec.=. - (
ppdadrrVordl809 hwy 1w.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 3/21/06
Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion,
Correia. NAYS: None. ABSENT: N~ne.
Second Consideration 4/4/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, ~lliott, O'Donnell,
Vanderhoef. NAYS: N~ne. ABSENT: None.
Date published
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
AMENDMENT TO CONDITIONAL ZONING AGREEMENT
ON .63 ACRES, LOCATED ON THE SOUTH SIDE OF
HIGHWAY 1 WEST, WEST OF RUPPERT ROAD
WHEREAS, The City of Iowa City ("City") and Autohaus, Ltd., entered into a Conditional Zoning
Agreement for the above referenced parcel, dated 11/20/2001, which is recorded at Book 3219
Page 27, et seq., of the records of the Johnson County Recorder ("Agreement"); and
WHEREAS, Section 4e of the Agreement requires "a 3D-foot setback from Highway 1 that shall
be landscaped with ground cover. No parking or display of merchandise or paving other than
sidewalks shall be permitted in this 3D-foot setback"; and
WHEREAS, the City and Autohaus, Ltd., have subsequently agreed based on a change in
circumstances, that said requirement to provide a 3D-foot setback is no longer necessary; and
WHEREAS, the established landscaped bed adjacent to the Highway 1 right-of-way is a
requirement of the Zoning Ordinance and serves the same purpose as the setback requirement;
and
FOR GOOD AND VALUABLE CONSIDERATION, IT IS AGREED that the parties' Agreement is
hereby amended as follows;
1. Section 4e of the agreement is hereby deleted in its entirety.
2. All other terms and conditions of the Agreement remain in full force and effect.
AUTOHAUS, L TO.
CITY OF IOWA CITY
Ross Wilburn, Mayor
ATTEST:
Marian K. Karr, City Clerk
Approved by:
City'~~ ~/(fX..,
ppdadmlagVcza-hwy 1w.doc
1
STATE OF IOWA )
)
JOHNSON COUNTY )
On this day of , 2006, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ross Wilburn 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 City Council of said municipal
corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of
said instrument to be the voluntary act and deed and said municipal corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this A'A day of ~ d./ , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth E. Williamson, to me personally known,
who, being by me duly sworn, did say that he is the President of said corporation executing the within and
foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on
behalf of the corporation by authority of its Board of Directors; and that Kenneth E. Williamson as an
officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said
corporation, by it and by him voluntarily executed.
~1h/b1 //IdL
Notary Public in and for the State of Iowa
W SHARON~I' ~ 1
. .~;="
ppdadmlagUcza-hwy 1w.doc
2
~
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St.,lowa City,IA 52240 (319)356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
EN,TITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," SECTION 3.
4-4, ENTITLED "WASTEWATER TREATMENT WORKS USER CHARGES," OF THE CITY CODE, TO
INCREASE OR CHANGE WASTEWATER USER CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater
treatment works; and
WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards; and
WHEREAS, it is in the public interest to increase certain fees and charges in order to adequately fund the
costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment
facilities; and
WHEREAS, wastewater rates were last increased in 2001; and
WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by approximately 8% for
billings on or after July 1, 2006 to finance these activities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled ''Wastewater Treatment Works User
Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu
thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows:
Ordinance No.
Page 2
3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES:
Sanitary Sewer Service Charges; Amount of Fee, City Code
Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or
Fine or Penalty Fine or Penalty Section Reference
Minimum Monthly Charge (includes the First $ 7.76 14-3A-4
100 Cu. Ft. of Water Used)
Monthly Charge for Each Additional 100 Cu. Ft. 3.80 14-3A-4
of Water Used
Monthly Surcharge
BOD (per pound) 300 or less MPL * Included in
charge for 100 14-3A-4
cu. ft. of water
used
BOD (per pound) from 301 MPL to 2000 MPL * .27 14-3A-4
BOD (per pound) greater than 2000 MPL* .405 14-3A-4
Suspended Solids (SS) (per pound) .216 14-3A-4
Monthly Minimum, Unmetered User 31.77 14-3A-4
Manufactured Housing Park, Monthly Minimum 31.77 14-3A-4
Per Lot
Holding Tank Waste - plus landfill fees $.03 per gallon 14-3A-4
Holding Tank Waste Hauler - Annual Permit $864 per year 14-3A-4
Deposit and Delinquency Fee for Combined City Water 14-3A-7
and/or Sanitary Sewer and/or Solid Waste Collection
Accounts
Residential owner account, per combined $0
residential service for City water and/or sanitary
sewer and/or solid waste collection service
Residential tenant account, per combined resi- $80.00
dential service for City water and/or sanitary
sewer and/or solid waste collection service
Five (5) percent delinquency charge on current 5.0% current
billed portion of the outstanding amount on com- billed portion
bined water and/or sanitary sewer and/or solid
waste account that is not paid within twenty-two
(22) days of billing date.
Delinquency Deposit Fee for Combined City Water and/or An amount 14-3A-5
Sanitary Sewer and/or Solid Waste Collection Accounts equal to an
average two-
month billing for
the delinquent
account
*Milligrams per liter (MPL)
Ordinance No.
Page 3
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, to be collected as set forth in g14-3A-4, City Code.
Passed and approved this day of , 2006.
MAYOR
ATTEST:
CITY CLERK
Apyoved by /'
#- 3/)..,,;;(,.
City Attorney's Office
Date
finadm\ord\sewerinc06.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 4/4/06
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, 0' Donnell, Vanderhoef,
Wilburn. NAYS: NBne. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~
Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4,
"SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" SECTION 3.
4-3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE, TO
DECREASE OR CHANGE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
WHEREAS, pursuant to Chapter 384, Code of Iowa (2005), the City of Iowa City is authorized to establish
and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and
treatment system; and
WHEREAS, present water rates can safely be reduced without harming the financial condition of the City of
Iowa City Water Division, both short and long term; and
WHEREAS, wastewater user charges will be increased by 8% On July 1,2006; and
WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billings On or after
July 1 , 2006 to help offset the increase in wastewater user charges.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF lOW A CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled 'Potable Water Use and Service," of the
City Code is hereby amended by:
a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following
in lieu thereof:
Description Of Fee, Charge,
Bond. Fine Or Penaltv
Amount of Fee, Charge,
Bond. Fine Or Penaltv
Meter charge (nonrefundable) (14-3C-4)
Meter Size
Inches)
Fee
Meter, including meter reading device
"I. to 0/.
0/.
1
1Y,
2
4
6
$ 120.00
150.00
184.00
336.00
442.00
1,484.00
2,832.00
(Ord. 01-3982, 8-21-2001)
Ordinance No.
Page 2
Water Service Charges (14-3A-4)
Amount of Fee, Charge,
Bond. Fine or Penalty
Meter Size
(Inches)
5/8
%
1
1%
2
3
4
6
July 1, 2006
CharCle
6.41
7.00
8.26
16.47
22.14
40.91
71.37
143.61
Minimum monthly user
charges for water service
for the first 100 cubic feet
or less of water used,
based on meter size
The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum
monthly charge for an account holder who furnishes and maintains the meter at the account holde~s cost will
be based on the minimum for a 5/8" meter. regardless of the size.
There will be no minimum monthly charge for a single-purpose water meter for the months of November to
March if no water is used.
Monthly user charges for water in excess of
100 cu. ft. per month for dual purpose water
meters
Monthly
Usage
(Cu. Ft.l
101 to
3,000
cU.ft.
Over
3,000
cU.ft.
Over 100
July 1, 2006
CharQe
2.99 per 100 cu. ft
2.15 per 100 cu. ft
Single-purpose meter charges for water
in excess of 100 cu. ft. per month
Returned check! automatic bank debit for
payment of city utility services
Discount for combined accounts enrolled in
Surepay. per billing
2.99 per 100 cu. ft
15.00
1.00
Ordinance No.
Page 3
Temporary Water Use (14-3A-4B)
During construction for the first 90 days
from the date of the connection to the
service line for a new service or a maximum
of 90 days for reconstruction
Single- and two-family residences,
per month
Multi-family residences, per month
Commercial structures, per month
After gO days for any structure, per month
until the water meter is installed
(Ord. 96-3714,1-30-1996)
Direct Purchase Of Water Fee, Per 200 Gallons Or
Fraction Thereof (14-3A-4C)
(Ord. 00-3937, 6-20-2000)
Deposit And Delinquency Fee For Combined City
Water And/Or Sanitary Sewer And/Or Solid Waste
Collection Accounts (14-3A-5)
Residential owner account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Residential tenant account, per combined
residential service for City water and/or
sanitary sewer and/or solid waste collection
service
Commercial account
Charee
$15.00
15.00
25.00
100.00
0.55
0.00
80.00
An amount equal to an average
2 month billing for commercial
service for City water and/or
sanitary sewer service
5% delinquency charge on current billed portion of the outstanding amount on combined water
and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date.
(Ord. 97-3818,12-16-1997)
Ordinance No.
Page 4
Charee
Delinquency Deposit Fee For Combined Water
And/Or Sanitary Sewer And/Or Solid Waste
Collection Accounts (14-3A-5)
(Ord. 96-3714,1-30-1996)
An amount equal to an average
2 month billing for the delinquent
account
Fees And Charges For Various Consumer Services
(Various sections in Title 14, Chapter 3, Article C)
Extension Of Maior Feeder Lines (Oversizinq)
Cost is $395.00/acre
Installation And Connection Fees
Size (Inches)
6
8
10
12
16
Service Fees
Reconnection of
discontinued service
Posting fee for shutting off
water in collection
procedure
Check leaky water meters
Frozen water meters
Shutoff of water service at
curb and check for exterior
leaks
Broken hydrant
Location of water main for
other utilities
Location of city-owned water
main for private enterprise
Check water meter
accuracy at consumer's
request
Annual fire hydrant fee for
inspection and operation of
fire hydrants which are
privately owned or owned by
other governmental
agencies
Cost (Per Linear Fooll
$20.10
22.35
26.80
33.20
44.00
Fee During Normal
Workine Hours
Fee After Normal
Workine Hours
$20.00
$40.00
$20.00
Not done after normal working
hours
No charge
No charge
$20.00, plus cost of meter repair
$40.00, plus cost of meter repair
No charge
$40.00, plus hourly rate for time
over 2 hours
Repair cost
$40.00, plus repair
No charge
No charge
No charge
$40.00, plus hourly rate for time
over 2 hours
$35.00
If meter is found to be recording
accurately
Not done after normal working
hours
$50.00
Not done after normal working
hours
------~-.-._..._-----~._---_._----'~..-
Ordinance No.
Page 5
If service is requested outside normal working hours, a $30.00 after-hour fee shall be charged in addition
to the normal working hour fee. In addition, when service time after hours exceeds 2 hours, an additional
charge will be added to cover equipment expense and actual employee wages, including overtime. The
water service division's, or its successor's, normal working hours are 8:00 A.M. to 4:30 P.M. daily. (Ord.
97-3818,12-16-1997)
SECTION II. REPEALER. All ordinances and parts of ordinances in connie! 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, to be collected as set forth in !l14-3A-4, City Code.
Passed and approved this
day of
,2006.
MAYOR
ATTEST:
CITY CLERK
Approved by ,/
~_ f/Jf~~
City Attorney's Office
finadm\ord\waterfee06doc
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 4/4/06
Vote for passage: AYES: Champion, Correia, Elliott, 0' Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~
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 (2005), 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 said 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, 2006, to adequately finance operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION L AMENDMENT. Title 3, entiUed "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 $12.50 to $13.00 per dwelling unit, and 2
rooming units, per month; and from $9.40 minimum to $9.90 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
~OVed bY. /.
~_ 3/.J-';;~
City Attorney's Office
fi~.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 4/4/06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef. Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
-:\'\~
Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO,
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5,
ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW SECTION 8, ENTITLED
"ENGINE BRAKING" TO PROHIBIT THE USE OF ENGINE BRAKING EXCEPT IN AN
EMERGENCY SITUATION.
WHEREAS, engine braking causes an unreasonably loud or raucous noise; and
WHEREAS, it is in the best interest of the City to prohibit engine braking except in emergency
situations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS,
1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby
amended by adding a new Section 8, entitled "Engine Braking" as follows:
No person shall use an engine brake while operating a motor vehicle except in an emergency situation.
"Engine brake" means the use or operation of any mechanical exhaust device designed to aid in the
braking, decompression, or deceleration of any motor vehicle which results in the unreasonably loud,
raucous, unusual, or explosive noise from such vehicle. "Emergency situation" means one in which there is
imminent danger to property, persons, and/or animals.
Section II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a $50.00 fine.
SECTION 111. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 , 2006.
MAYOR
ATTEST:
CITY CLERK
A~~~
'3~d-I-O~
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 3/21/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 4/4/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS; None. ABSENT:' None.
Date published
M +-s 1:5
Prepared by: Marian Karr, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO. OIi-4?OO
AN ORDINANCE TO ADOPT THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,
IOWA, 2006, AKA "CITY CODE,"
WHEREAS, Section 380.8 of the Code of Iowa, 2005, requires that at least once every five
years a city shall adopt a code of ordinances; and,
WHEREAS, on February 6, 2001 the City Council adopted the City Code of Iowa City, Iowa;
and,
WHEREAS, the City of Iowa City adds new ordinances and amendments upon passage by
supplementation to the City Code itself; and,
WHEREAS, if a proposed code of ordinances contains only existing ordinances which have
been edited and compiled without substantive changes, the council may adopt such code
without notice of public hearing; and,
WHEREAS, it is now appropriate to adopt a code of compiled and existing ordinances
under the statute, without any substantive changes proposed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. From and after the date of passage of this Ordinance, the City Code of the
City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compilation of all
ordinances of a general nature together with the changes made to said ordinances, under the
direction of the governing body of the City, shall be accepted in all courts without question as
the Official Code and Law of the City as enacted by the City Council, and shall hereafter be
referred to as "The City Code".
SECTION II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type
of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc.,
whereby each newly adopted ordinance of a general and permanent nature amending, altering,
adding or deleting provisions of the official City Code is identified by the proper catch line and is
inserted in the proper place in each of the official copies, a copy of which shall be maintained in
the office of the City Clerk, certified as to correctness and available for inspection at any and all
times that said office is regularly open.
SECTION III. It shall be unlawful for any person, firm or corporation to change or amend,
by additions or deletions, any part or portion of the City Code, or to insert or delete pages or
portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the
City to be misrepresented.
Ordinance No. 06-4200
Page 2
SECTION IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of
such conflict, hereby repealed.
SECTION V. A code of ordinances, containing only the current and existing ordinances
edited and compiled without change in substance, shall be and hereby is adopted as the City
Code, 2006.
Passed and approved this ~ day of
April
,2006.
alJ~
MAYOR
ATTEST:~;A'--uJc;J!. ~
CITY ERK
~7.~
City Attorney's Office
~ ' f, VI.,
c1erWordIcitycode.doc
Ordinance No.
Page ~
00-4700
It was moved by VAnn~Thn~f and seconded by
as read be adopted, and upon roll call there were:
Railp.y
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
y
x
X
x
First Consideration 3/21/ 0 6
Vote for passage: AYES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration --------------
Vote for passage:
Date published 4/1n 106
Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance be
voted upon for final passage at this time. AYES: Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell, Vanderhoef. NAYS, None. ABSENT: None.
Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 06-4201
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. 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 atter its final passage, approval and
publication, as provided by law.
PU!:T:j:tL day of
MAYOR
April
,2006.
ATTEST: )J1Ef"';'Au/ ~. ~~
CITY ERK
Approved by
~~ )-(-0\0
City Attorney's Office
fq
-
Ordinance No. 06-4? n1
Page ---2...-
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
y
First Consideration 317/06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration 3/21/06.
Vote for passage: AYES: Bailey ,Champion ,COrreia , Elliott, O'Donnell, Vanderhoef,
Wilburn. NAYS: N5ne. ABSENT: N5ne.
Date published 4/10/06
7
M.h\
l'
~
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, 06-4202
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 Sile 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 to submit an application to the IDNR for a NPDES General
Permit #2. The NPDES program and the City's MS4 require the City to adopt an ordinance requiring
proper soil erosion and sediment control on all sites 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.
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 Runoff (CSR) 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 Control
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 permit in addition to and not in lieu of the NPDES General
Permit #2; and
Ordinance No.
Page -L
(b) The City shall have primary responsibility for inspection, monitoring and enforcement procedures to
promote applicants' compliance with State NPDES General Permits #2 and CSR permits.
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. Applicabilitv
1. All persons required by law or administrative rule to obtain a NPDES General Permit #2 from the
IDNR, and persons who will be conducting any earth disturbing activity on a site less than one (1) acre in
size if the earth disturbing activities are part of a larger common plan of development that would disturb
one (1) acre or more, are required to obtain a CSR Permit. Earth disturbing activity means any activity
that results in a movement of earth or a change in the existing soil cover (both vegetative and non-
vegetative) or the existing topography. Earth disturbing activity includes, but is not limited to, clearing,
grading, filling, excavation or addition or replacement of impervious surface.
2. Applications for CSR Permits shall be made on forms approved by the City which may be obtained
from the City.
3. An applicant for a CSR Permit shall pay fees as follows:
(a) Prior to the issuance of a CSR Permit in connection with a building permit on a platted lot, the
applicant shall submit an application permit fee to the Housing and Inspection Services Department in an
amount established by Resolution of the City Council. If more than three (3) inspections are required by
the terms of this ordinance with respect to said permit, the applicant shall bear the cost of such
inspections, which shall be the actual cost of the inspections by the City.
(b) There shall be no permit fee required prior to the issuance of CSR permits other than those issued
in connection with building permits on platted lots, but the applicant shall bear the cost of reviews and
inspections required by the terms of this ordinance with respect to said permits, which shall be the actual
cost of the reviews and inspections by the City.
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 below as a basis for the City to determine whether
to issue a CSR Permit:
(a) applicant's NPDES GeneralPermit #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 Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with this ordinance.
5. Every SWPPP submitted to the City in support of an application for a CSR 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 the 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 CSR Permit shall contain the
provisions of the General Permit #2, plus the following additional provisions:
(a) all SWPPPs shall comply with Iowa Statewide Urban Design and Specifications (SUDAS) standard
design criteria as amended; and
(b) address 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) assure that all temporary erosion and sediment controls shall be maintained until the City has
determined that the site has been permanently stabilized; and
(d) limit 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
(e) provide for design and construction methods to stabilize steep or long continuous slopes; and,
(f) include measures to control sediment, and the quantity and quality of stormwater, leaving a site
during and after construction; and
(g) provide for stabilization of waterways and outlets directly impacted by permitted construction; and,
(h) protect storm sewer inlets and infrastructure from sediment loading/plugging; and
06-4202
Ordinance No.
Page 3
06-4202
(i) specify precautions to be taken to contain sediment when working in or crossing water bodies; and
Ul account for stabilization of disturbed areas, including utility construction areas, as soon as possible;
and
(k) protect adjacent and outlying roads from sediment and mud from construction site activities,
including tracking; and
(I) provide for disposal of collected sediment and floating debris,
7. Issuance by the City of a CSR 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 CSR 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 CSR 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. If the applicant for the NPDES General Permit #2 and the CSR permit is not the same individual as
the owner/builder on the site, then the applicant has the option to include the owner/builder as a co-
permittee. Co-permittees have the same obligations and responsibilities as the original applicant. Absent
written confirmation of transfer of responsibility signed by both the parties and provided to the city at the
office of the enforcement official, the original applicant remains obligated and responsible for permit
compliance on any parcel of the site, whether the parcel has been sold or not.
10. Upon receipt of an application for a CSR Permit, the City shall either find that the application
complies with this ordinance and issue a CSR 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. Inspection
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 a
timeframe deemed reasonable by the City. Failure to take corrective action in a timely manner shall
constitute a violation of this ordinance.
3. Unless otherwise approved by the City, construction shall not occur on the site at any time when the
City has identified conditions of non-compliance.
4. Unless approved by the City, 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 responsibie for the direct or indirect consequences to the applicant or to third-
parties for non-compliant conditions undetected by inspection.
D. Monitorinq
1. Upon issuance of a CSR 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 stormwater discharge in a manner inconsistent with applicant's
SWPPP, NPDES General Permit #2 and/or CSR 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 CSR 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 SWPPP,
NPDES General Permit #2 and/or CSR Permit, other than corrective action provided for hereinafter. The
Ordinance No.
Page ~
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 a timeframe deemed reasonable by the City. 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 below.
6. 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 CSR Permi!. 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 a timeframe deemed reasonable by the
City. 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 below.
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. Vioiation 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 !l364.22, pursuant to the City's municipal infraction
ordinance.
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
publication.
06-4202
(;2:L;]t::f
MAYOR
Aoril
,20-D.L.
ATTEST:
~A;-1/) 11. ~
ITY CLERK
Applpved by
.~/
S;?~~~
City Attorney's Office
Pweng/ordlsite runoff.doc
Ordinance No. 06-4202
Page -L
It was moved by Bailev and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
1<
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
1<
X
X
X
First Consideration 3/21/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, 0' Donnell,
Vanderhoef. NAYS: None. ABSENT: NOne.
Second Consideration --------------------
Vote for passage:
Date published
4/10/06
Moved by
voted on
passed be
for final
Champion.
Bailey, seconded by Elliott, that the rule requiring ordinances to be considered and
for .passage at two Council meetings prior to the meeting at which it is to be finally
suspended, the second consideration and vote be waived and the ordinance be voted upon
passage at this time. AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
NAYS: None. ABSENT: None.
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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 s ormwater infrastructure are available for
stormwater and ground wat discharges; and
WHEREAS, the City in urs costs to monitor, maintain replace, and improve its stormwater
infrastructure; and
WHEREAS, the City is now quired to enforce a construct" n site runoff control ordinance on all sites
for which National Pollutant Dis arge Elimination System ( PDES) permits are required to otherwise
protect the waters of the Iowa Riv and the six major creeks; nd
WHEREAS, federal law and the ity's Municipal Separat Storm Sewer System (MS4) permit require
that the City adopt a Construction S e Runoff Control Ord nance that requires proper soil erosion and
sediment control, addresses waste at nstruction sites, a d requires site plan and pollution prevention
plan review and approval; and
WHEREAS, the City now desires a Co truction Site R noff Control Ordinance.
NOW, THEREFORE, BE IT ORDAINE BY THE C Y COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. That Tile 14, Chapter 5, Article I 0 the C e 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 1 51-12.
b. Renumbering Section 14-51-14 to Section - 1-13.
c. Renumbering Section 14-51-15 to Section 4-5 14
d. Renumbering Section 14-51-12 to Secti n 14-5f'15, and replacing the contents thereof with the
following: .
CONSTRUCTION SITE EROSION AND SEDI ENT CONTROL
A. Purpose and Intent
1. The National Pollutant Discharge Eli nation System (NPDES) permit program administered by the
Iowa Department of Natural Resources (I R) requires that agencies meeting certain demographic and
environmental impact criteria obtain from he IDNR an NPDES permit for the discharge of storm water
from a Municipal Separate Storm Sewe~ System (MS4). The City of Iowa City has been issued such a
permit. The City's MS4 Permit is on file t the office of the City Clerk and is available for public inspection
during regular office hours.
2. The NPDES program requires ertain individuals engaged in earth disturbing activities related to
construction on one (1) acre of land r more to submit an application to the IDNR for a NPDES General
Permit #2. The NPDES program a d the City's MS4 require the City to adopt an ordinance requiring
proper soil erosion and sediment c ntrol on all sites 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.
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 Control
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
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(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.
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. ADDlicabilitv
1. All persons required by law or administrative rule to obtain a NPDES General Permit #2 from the
IDNR, and persons who will be conducting any earth disturbing activity on a site less than one (1) acre in
size if the earth disturbing activities are part of a larger common plan of development that would disturb
one (1) acre or more, are required to obtain a COSESCO Permit. Earth disturbing activity means any
activity that results in a movement of earth or a change in the existing soil cover (both vegetative and
nonvegetative) or the existing topography. Earth disturbing activity includes, but is not limited to, clearing,
grading, filling, excava 'on or addition or replacement of impervious surface.
2. Applications for SESCO Permits shall be made on forms approved by the City which may be
obtained from the City.
3. An applicant for a CO ESCO Permit shall pay fees as follows:
(a) Prior to the issuance f a COSESCO Permit in connection with a building p mit on a platted lot,
the applicant shall submit an plication permit fee to the Housing and Inspection ervices Department in
an amount established by Res tion of the City Council. If more than three ( Inspections are required
by the terms of this ordinance ith respect to said permit, the applicant all bear the cost of such
inspections, which shall be the act al cost of the inspections by the City.
(b) There shall be no permit fee equired prior to the issuance of C ESCO permits other than those
issued in connection with building pe mits on platted lots, but the all Icant shall bear the cost of reviews
and inspections required by the term of this ordinance with res ct to said permits, which shall be the
actual cost of the reviews and inspectio s by the City.
4. An applicant in possession of a N DES General Per . #2 issued by the IDNR shall immediately
submit to the City full copies of the materi Is described bel as a basis for the City to determine whether
to issue a COSESCO Permit:
(a) applicant's NPDES General Permit # Notice of tent (NOI); and
(b) applicant's plans, specifications and teria in support of applicant's application for the NPDES
General Permit #2; and
(c) a Stormwater Pollution Prevention Plan PPP) prepared in accordance with this ordinance.
5. Every SWPPP submitted to the City i up rt of an application for a COSESCO Permit shall:
(a) comply with all current minimum ndator ,requirements for SWPPPs promulgated by the IDNR in
connection with issuance of a NPDES eneral Per it #2; and
(b) comply with all mandato minimum requ ements pertaining to the Joint Application Form,
"Protecting Iowa Waters", filed . the IDNR and U. . Army Corps of Engineers; and
(c) comply with all other licable local, state or deral permit requirements in existence at the time
of application; and
(d) include within th WPPP a signed and dated ertification by the person preparing the SWPPP
that the SWPPP com es with all requirements of this 0 , inance.
6. Every SWP submitted to the City in support \of an application for a COSESCO Permit shall
contain the provi . ns of the General Permit #2, plus the~ollowing additional provisions:
(a) all SW~ s shall comply with Iowa Statewide Urban Design and Specifications (SUDAS) standard
design crit 'a as amended; and
(b) a ure 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) provide that all temporary erosion and sediment controls shall not be removed until the City has
determined that the site has been permanently stabilized; and
(d) limit 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
(e) provide for design and construction methods to stabilize steep or long continuous slopes; and,
(I) include measures to control sediment, and the quantity and quality of stormwater, leaving a site
during and after construction; and
(g) provide for stabilization of all waterways and outlets; and,
(h) protect storm sewer inlets and infrastructure from sediment ioading/plugging; and
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(i) specify precautions to be taken to contain sediment when working in or crossing water bodies; and
U) account for stabilization of disturbed areas, including utility construction areas, as soon as possible;
and
(k) protect adjacent and outlying roads from sediment and mud from construction site activities,
inciuding tracking; and
(I) provide for disposal of collected sediment and floating debris.
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 Per it #2 and the COSESCO Permit;
(b) The name(s), addr ss(es) and telephone number(s) of the contractor(s) and/or subcontractors(s)
that will implement each er sion and sediment control me ure identified in the SWPPP.
(c) An on-site location for ,tcrage and retrieval of the c rrent SWPPP.
(d) Applicant's failure to proyide current information sh II constitute a violation of this ordinance.
9. If the applicant for the l'!lPDES General Permit 2 and the COSESCO permit is not the same
individual as the owner/builder on the site, then the ap icant has the option to include the owner/builder
as a co-permittee. Co-permittees h<;1ve the same oblig ions and responsibilities as the original applicant.
Absent written confirmation of transfer of responsibility, signed by both the parties and provided to the city
at the office of the enforcement official,. the original a licant remains obligated and responsible for permit
com pliance on any parcei of the site, whether the par. el has been sold or not.
10. Upon receipt of an application for a C ESCO Permit, the City shall either find that the
application complies with this ordinance and.issue COSESCO Permit in accordance with this ordinance,
or that the application fails to comply with th1~ or inance, in which case the City shall provide a written
report identifying non-compliant elements of the" plication.
C. Inspection
1. All inspections required under this ordin c shall be conducted by a designated person from the
City, hereinafter referred to as the "enforceme offic ."
2. The applicant shall notify the City whe all me ures required by applicant's SWPPP have been
accomplished on-site, whereupon the City hall cond t an inspection for the purpose of determining
compliance with this ordinance, and shall w' hin a reason Ie time thereafter report to the applicant either
that compliance appears to have been a ieved, or that mpliance has not been achieved, in which
case the City shall provide a written rep, rt identifying the nditions of non-compliance. The applicant
shall immediately commence correctiv action and shall mplete such corrective action within a
timeframe deemed reasonable by the ity. Failure to take c rective action in a timely manner shall
constitute a violation of this ordinance.
3. Unless otherwise approved by e City, construction shall not ccur on the site at any time when the
City has identified conditions of non ompliance.
4. Unless approved by the City construction activities undertaken y an applicant prior to resolution of
all discrepancies specified in the ritten report shall constitute a violati of this ordinance.
5. The City shall not be resp nsible for the direct or indirect conseq ences to the applicant or to third-
parties for non-compliant con . ions undetected by inspection.
D. Monitorina
1. Upon issuance of a SESCO Permit, the applicant has an absolut duty to monitor site conditions
and to report to the e orcement officer any change of circumstances or site conditions which the
applicant knows or s uld know pose a risk of storm water discharge i a manner inconsistent with
applicant's SWPPP, DES General Permit #2 and/or COSESCO Permit.
2. Such report s all be made by the applicant to the enforcement officer immediately upon knowledge
of site condition c anges, but in any event within twenty-four (24) hours of the change of circumstances
or site conditions;.
3. Failure to J'i1ake 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
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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 a timeframe deemed reasonable by the City. 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 below.
6. 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 a timeframe deemed reasonable by the
City. Failure to take correc,liye action in a timely manner shall constitute a violation of this ordinance,
whereupon the enforcement ofm;er shall immediately commence enforcement actions specified in Section
E below. '
7. The City shall not be responsible for the direct or indirect nsequences 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 enf rced by civil action including an action for
injunctive relief.
2. Violation of any provision of this ordinance may al 0 be enforced as a municipal infraction or
environmental infraction within the meaning of 9364.2 pursuant to the City's municipal infraction
ordinance.
G. Aooeals\
1. Administrative decisions by City staff and i!!)for ement actions of the enforcement officer may be
appealed by the applicant to the Board of Appeals . rsuantto the procedure set forth in Article M of this
Chapter. \
SECTION II. REPEALER. All ordinances and p s o'l\ordinances in conflict with the provisions of this
Ordinance are hereby repealed. '
SECTION III. SEVERABILITY. If any section, rovision 0 art of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication hall not affe the validity of the Ordinance as a whole or
any section, provision or part thereof not adWdged invalid or constitutional.
SECTION IV. EFFECTIVE DATE. This Ov<Jinance shall be in ffect after its final passage, approval and
publication. I
,
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Passed and approved this _ daY,obf
MAYOR
ATTEST:
CITY clERK
tzD ~OM-
..3-;J.;)..-D~
City Attorney's Office
Pweng/ord/site runoff. doc