HomeMy WebLinkAbout2010-10-11 OrdinancePrepared by: Julie Tallman, Development Regulations Specialist, 410 E Washington St, fovea City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J: FLOODPLAIN MANAGEMENT
STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED
CHANGES TO 14-9F "FLOODPLAIN MANAGEMENT DEFINITIONS," 14-4B-2 VARIANCES AND 14-
88-5: FLOODPLAIN DEVELOPMENT PERMIT.
WHEREAS, the City currently regulates development in the 100-year floodplain pursuant to the
floodplain management standards detailed in Title 14, Chapter 5, Article J of the City Code of Ordinances;
and
WHEREAS flood events of 1993 and 2008 caused catastrophic damage to private property and public
infrastructure in both the 100-year and 500-year floodplain; and
WHEREAS, such flood events caused a substantial risk to the public health, safety and welfare of the
community; and
WHEREAS, the City has been awarded, to date, approximately $15,000,000 in federal and state
grants to repair, replace or purchase flood-damaged public facilities and private homes within the 500-year
floodplain; and
WHEREAS, the 2007 Johnson County, Iowa and Incorporated Areas Flood Insurance Study
established reliable flood forecasting tools to use in predicting the reach of both the 100-year and the 500-
yearflood hazard -evels; and
WHEREAS, the terms "100 year flood event" and "500 year flood event" mislead the public regarding
the actual, annual risk of investing in a flood hazard area and should therefore be redefined and
considered together as a "flood hazard area" to reflect the increased risk of flooding in these areas; and
WHEREAS, in order to mitigate the risks of future flood events, the City finds it in the public interest to
adopt floodplain regulations to regulate development within the flood hazard area; to require that certain
critical facilities, such as hospitals and jails, remain accessible during such a flood event; and to allow for a
variance from these standards in certain situations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By repealing 14-46-2A(4) and substituting in lieu thereof as follows:
4. The owner's situation is unique or peculiar to the property in question, and the situation is
not shared with other landowners in the area nor due to general conditions in the
neighborhood, except when a variance from a floodplain management standard is requested
per 14-5J-9; and
B. By repealing 14-5J in its entirety and substituting in lieu thereof the attached Article 14-5J; and
C. By repealing 14-8B-5 in its entirety and substituting in lieu thereof the attached Section 14-8B-5;
and
D. By repealing 14-9F in its entirety and substituting in lieu thereof the attached Article 14-9F.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Passed and approved this day of , 20
MAYOR Approved by
ATTEST: ~(.C(,(, ~~TJ!/Zl ~W~~
CITY CLERK City Attorney's Office ~ I1
~Z ~ D
14-4B-2: VARIANCES:
The board of adjustment is empowered to grant variances from the provisions of
this title that will not be contrary to the public interest when, owing to unique
circumstances or conditions, a literal interpretation of this title would deprive the
applicant of rights commonly enjoyed by other properties in the zoning district
under the terms of this title and would impose unnecessary and undue hardship
on the applicant. To ensure that the spirit of this title is observed and substantial
justice done, no variance to the strict application of any provision of this title shall
be granted by the board unless the applicant demonstrates that all of the
following approval criteria are met. The procedures for obtaining a variance are
set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of
this title.
A. Approval Criteria:
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse effect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and intent of
this title and will not contravene the objectives of the comprehensive plan, as
amended; and
3. The property in question cannot yield a reasonable return if required to comply
with the requirements and standards specified in this title; and
4. The owner's situation is unique or peculiar to the property in question, and the
situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood, except when a variance from a floodplain
management standard is requested per 14-5J-9; and
5. The hardship is not of the landowner's or applicant's own making or that of a
predecessor in title.
B. Use Variance Prohibited: Under no circumstance may the board grant a
variance that would allow a land use, other than those specifically allowed in
the zoning district in which the subject property is located.
C. Burden Of Proof: The applicant bears the burden of proof and must support
each of the approval criteria by a preponderance of the evidence.
D. Precedents: The granting of a variance is not grounds for granting other
variances for the same or differing properties. (Ord. 05-4186, 12-15-2005)
14-8B-5: FLOODPLAIN DEVELOPMENT PERMIT:
A. Permit Required: A floodplain development permit issued by the building
official shall be secured prior to initiation of any development on a tract of land
within a flood hazard area.
B. Submittal Requirements: The building official may require the following
information:
1. Description of the work to be covered by the permit.
2. Description of the land on which the proposed work is to be done (i.e., lot, block,
tract, street address or similar description) that will readily identify and locate the
work to be done.
3. Indication of the use or occupancy for which the proposed work is intended.
4. Elevation of the flood hazard event.
5. Elevation in relation to national geodetic vertical datum of the lowest floor,
including basement, of buildings or of the level to which a building is to be
floodproofed.
6. For buildings being improved or rebuilt, the estimated cost of improvements and
market value of the building prior to the improvements.
7. Such other information as the building official deems reasonably necessary for
the purpose of determining compliance with the requirements of chapter 5, article
J, "Floodplain Management Standards", of this title.
C. Approval Procedure: The building official shall, within a reasonable time, make
a determination as to whether the proposed floodplain development meets
the applicable standards of chapter 5, article J, "Floodplain Management
Standards", of this title, and shall approve or disapprove, in writing, the
application. For disapprovals, the applicant will be informed, in writing, of the
specific reasons why the application was disapproved. The building official
shall not issue permits for variances, except as approved by the board of
adjustment according to the approval criteria for such variances set forth in
chapter 5, article J of this title. (Ord. 05-4186, 12-15-2005)
Article ~. Floodplain Management Standards
• ~•
The purpose of this Article is to protect and preserve the rights and privileges and
property of Iowa City and its residents and to protect, preserve and improve the peace,
safety, health, welfare, comfort and convenience of its residents by minimizing flood
losses. The provisions of this Article are designed to:
A. Reserve sufficient floodplain area for the conveyance of flood flows so that flood
heights and velocities will not be increased substantially.
B. Restrict or prohibit uses that are dangerous to health, safety or property in times of
flood or that cause excessive increases in flood heights or velocities.
C. Require that uses vulnerable to floods, including public utilities that serve such
uses, be protected against flood damage.
D. Assure that eligibility is maintained for property owners to purchase flood insurance
through the national flood insurance program.
14-5]-2 Applicability and Interpretation
A. Application of Provisions
The regulations within this article apply to all lands identified in the "Johnson
County, Iowa, and Incorporated Areas Flood Insurance Rate Map", dated February
16, 2007. The "Johnson County, Iowa and Incorporated Areas Flood Insurance
Study", as amended, is hereby adopted by reference and is made a part of this
article for the purpose of administering floodplain management regulations.
B. Minimum Requirements
The provisions of this Article are considered minimum requirements and will be
liberally construed in favor of the governing body and will not be deemed a
limitation or repeal of any other powers granted by State statutes.
C. Abrogation and Greater Restrictions
It is not intended by this Article to repeal, abrogate or impair any existing
easements, covenants or deed restrictions. However, where this Article imposes
greater restrictions, the provisions of this Article shall prevail. Where more specific
provisions herein conflict with other provisions of this Title, this Article shall prevail.
14-5]-3 Legal Authority and Findings of Fact
A. Legal Authority
Chapter 4556, Code of Iowa, as amended, gives cities authority to adopt
regulations governing development and redevelopment within flood hazard areas,
including designation of flood hazard maps.
B. Legislative Findings
1. The flood hazard areas of Iowa City are subject to periodic inundation which
can result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for
flood protection and relief and impairment of the tax base, all of which
adversely affect the peace, safety, health, welfare, comfort and convenience
of its residents.
2. These flood losses, hazards, and related adverse effects are caused by the
occupancy of flood hazard areas by uses vulnerable to flood damages. Such
uses create hazardous conditions as a result of being inadequately elevated or
otherwise protected from flooding and the cumulative effect of obstructions
on the Floodplain causing increases in flood heights and velocities.
3. This Article relies upon engineering methodology for analyzing flood hazards,
which is consistent with the standards established by the Iowa Department of
Natural Resources or its assignee.
A. Except as provided in subsection B, below, no structure or land shall hereafter be
used and no structure shall be located, enlarged, converted or structurally altered
without full compliance with the terms of this Article.
B. If a structure that is not in compliance with the provisions of this Article lawfully
existed prior to May 2, 1977 and has existed continuously without abandonment
since that time, then improvements may be made to the structure, notwithstanding
the provisions of this Article, provided such improvements do not constitute a
substantial improvement as defined in Article 14-9F, of this Title, Floodplain
Management Definitions. However, structures, uses, or development that are
nonconforming with regard to other provisions of this Title must comply with the
applicable regulations contained in Article 14-4E, Nonconforming Situations.
A. Enforcement Official Designated
The Building Official shall administer and enforce the provisions of this Article.
B. Duties and Responsibilities
Duties and responsibilities of the Building Official include, but are not necessarily
limited to the following:
1. Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor of all new or substantially improved
buildings or the elevation to which new or substantially improved structures
have been floodproofed.
2. Notify adjacent communities or counties and the Iowa Department of Natural
Resources, or its assignee, prior to any proposed alteration or relocation of a
watercourse.
3. Keep a record of all permits, appeals, variances and other such transactions
and correspondence pertaining to the administration of this Article.
14-57-6 Floodplain Development Permit
A. Permit Required
A Floodplain Development Permit, issued by the Building Official, must be obtained
prior to initiation of any development on a parcel of land within a flood hazard area
according to the applicable review and approval procedures contained in Article 14-
86, Administrative Approval Procedures.
B. Compliance
Floodplain Development Permits based on approved plans and applications '
authorize only the use, arrangement, and construction set forth in such approved
plans and applications. Prior to use or occupancy of any structure, the applicant
will be required to submit certification by a professional engineer or land surveyor,
registered in the State, that the finished fill, building floor elevations, floodproofing
or other flood protection measures were accomplished in compliance with the
provisions of this Article. Any use, arrangement or construction not in compliance
with the uses authorized will be deemed a violation of this Article.
All properties subject to the regulations of this Article must comply with the following
applicable performance standards.
A. General Construction Requirements
All structures shall be:
1. adequately anchored to prevent flotation, collapse or lateral movement of the
structure; and
2. constructed with materials and utility equipment resistant to flood damage;
and
3. constructed by methods and practices that minimize flood damage.
B. Class I Critical Facilities
1. Class I Critical Facilities may not be located within a flood hazard area.
2. Class I Critical Facilities must be located with a means of vehicular access that
will remain passable during occurrence of the 0.2% flood event.
C. Residential Buildings
All new or substantially improved residential structures must have the lowest
floor of the original structure and any lateral addition elevated a minimum of
one foot above the flood hazard elevation.
2. Where existing topography, street grades, or other factors preclude elevating
by fill, alternate methods of elevating, such as piers, may be allowed, subject
to approval by the Building Official. In such a case, a licensed professional
shall certify that the methods used will be adequate to support the structure
as well as withstand the various forces and hazards associated with flooding.
D. Nonresidential Buildings
1. All new or substantially improved nonresidential buildings must have the
lowest floor of the original structure and any lateral addition elevated a
minimum of one foot above the flood hazard elevation or, together with
attendant utility and sanitary systems, be floodproofed to such a level.
2. When floodproofing is utilized, a professional engineer registered in the State
shall certify that the floodproofing methods used are adequate to withstand
the flood depths, pressures, velocities, impact and uplift forces and other
factors associated with the flood hazard, and that the structure below the
flood hazard elevation is watertight with walls substantially impermeable to
the passage of water. Such certification must also indicate the specific
elevation, in relation to National Geodetic Vertical Datum, to which any
structures are floodproofed. A record of this certification will be retained in
the office of the Building Official.
E. All New and Substantially Improved Structures
1. Fully enclosed areas below the "lowest floor" that are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of flood waters. Designs for meeting
this requirement must either be certified by a registered professional engineer
to meet or exceed the following minimum approval criteria:
a. There must be a minimum of 2 openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding. The openings shall not be located on t_he same wall.
b. The openings shall be located on exterior walls such that the 1% flood
elevation, or shallow flood elevation, is above the bottom of the opening,
and in all cases the bottom of all openings shall be no higher than one
foot above grade.
c. Openings shall permit the automatic entry and exit of floodwaters.
2. New and substantially improved structures must be designed or modified and
adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
3. New and substantially improved structures must be constructed with
electrical, heating, ventilation, plumbing and air-conditioning equipment and
other service facilities elevated or floodproofed to one foot above the flood
hazard elevation.
F. Manufactured Housing
Manufactured housing, including those placed in existing manufactured housing
parks, planned developments, or subdivisions, must be:
1. Anchored to resist flotation, collapse or lateral movement.
2. Elevated on a permanent foundation such that the lowest floor of the
structure is a minimum of one foot above the flood hazard elevation.
G. Utility and Sanitary Systems
1. All new or replacement on-site sewage waste disposal systems must be
located or designed to avoid impairment to the system or contamination from
the system during flooding.
2. New or replacement water supply systems must be designed to minimize or
eliminate infiltration of floodwaters into the system. Water supply facilities
must be provided with a level of protection equal to or greater than one foot
above the flood hazard elevation.
3. Utilities, such as gas or electrical systems, must be located and constructed to
minimize or eliminate flood damage to the system and the risk associated with
such flood damage or impaired systems.
H. Storage of Flammable, Explosive or Injurious Materials
Storage of materials and equipment that are flammable, explosive or injurious to
human, animal or plant life is prohibited unless elevated a minimum of one foot
above the flood hazard elevation. Other material and equipment must either be
similarly elevated or:
1. not be subject to major flood damage and be anchored to prevent movement
due to flood waters or;
2. be readily removable from the area within the time available after flood
warning.
I. Flood Control Structural Works
Flood control structural works, including but not limited to levees and flood walls,
must provide, at a minimum, protection from a 0.2% flood event with a minimum
of 3 feet of design freeboard and must provide for adequate interior drainage. In
addition, flood control structural works must be approved by the Iowa Department
of Natural Resources or its assignee.
7. Inhibiting Floodways and Drainage Facilities
No use shall affect the capacity or conveyance of the channel or floodway of any
tributary to the main stream, drainage ditch or other drainage facility or system.
K. Subdivisions
Subdivisions and Planned Developments, including manufactured housing parks,
must be designed to minimize flood damage and must have adequate drainage
provided to reduce exposure to flood damage, and must meet the applicable
performance standards established by the City Engineer. Any subdivision, planned
development, or manufactured housing park intended for residential development
must provide all lots with a means of vehicular access that will remain passable
during occurrence of the 1% flood event.
L. Residential Accessory Structures
The exemption of detached garages, sheds and similar structures from the flood
elevation requirements may result in increased premium rates for insurance
coverage of the structure and contents; however, said detached garages, sheds
and similar accessory type structures are exempt from the flood elevation
requirements when all of the following conditions exist:
1. The structure is not used for human habitation.
2. The structure is designed so as to have low flood damage potential.
3. The structure is constructed and placed on the building site so as to offer
minimum resistance to the flow of flood waters.
4. The structure is firmly anchored to prevent flotation, which may result in
damage to other structures.
5. The service facilities for the structure, such as electrical and heating
equipment, are elevated or floodproofed to at least one foot above the flood
hazard elevation.
6. There shall be a minimum of 2 openings having a total net area of not less
than one square inch for every square foot of enclosed area subject to
flooding. The openings shall not be located on the same wall.
7. The openings shall be located on exterior walls such that the 1% flood
elevation, or shallow flood elevation, is above the bottom of the opening, and
in all cases the bottom of all openings shall be no higher than one foot above
grade.
8. Openings shall permit the automatic entry and exit of floodwaters.
~ - ~ ~ ~ ~ ~
In addition to the general floodplain standards listed above, uses within the floodway
must meet the following applicable standards.
A. No use is permitted in the floodway that would increase the 1% flood hazard
elevation, unless approved by the Iowa Department of Natural Resources or its
assignee.
B. All uses within the floodway must:
1. Be consistent with the need to minimize flood damage; and
2. Use construction methods and practices that will minimize flood damage; and
3. Use construction materials and utility equipment that are resistant to flood
damage.
C. No use is permitted that would affect the capacity or conveyance of the channel or
floodway or any tributary to the main stream, drainage ditch or any other drainage
facility or system.
D. Structures, buildings and sanitary and utility systems, if permitted, must meet the
applicable general Floodplain management standards and must be constructed and
aligned to present the minimum possible resistance to flood flows.
E. Buildings, if permitted, must have low flood damage potential and must not be
used for human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive or
injurious to human, animal or plant life is prohibited. Storage of other material may
be allowed if readily removable from the floodway within the time available after
flood warning.
G. Watercourse alterations or relocations, including channel changes and
modifications, must be designed to maintain the flood-carrying capacity within the
altered or relocated portion. In addition, such alterations or relocations must be
approved by the Iowa Department of Natural Resources or its assignee.
H. Any fill or stream bank erosion control projects allowed in the floodway must have
some beneficial purpose and will be limited to the minimum amount necessary.
I. Pipelines that cross rivers or streams must be buried in the streambed and banks
or otherwise sufficiently protected to prevent rupture due to channel degradation
and meandering or due to action of flood flows. Where floodway data has been
provided in the flood insurance study, such data shall be used to define the
floodway limits.
). Where no floodway data has been provided, the Iowa Department of Natural
Resources or its assignee shall be contacted to provide a floodway delineation.
Where floodway data is not available, it shall be the responsibility of the permittee
to produce engineered data delineating the floodway.
•
The Board of Adjustment may authorize, upon request, in specific cases, such variances
from the terms of this Article that will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the provisions of this Article will
result in unnecessary and undue hardship. To ensure that the spirit of the ordinance is
observed and substantial justice done, no variance to the strict application of any
provision of this Article shall be granted by the Board unless the applicant demonstrates
that all of the following approval criteria are met. In addition, the applicant must meet
all the provisions and general approval criteria for variances as stated in Article 14-4B,
Minor Modifications, Variances, Special Exceptions, and Provisional Uses, except 14-46-
2a4.
A. Approval Criteria
1. No variance shall be granted for any development within the floodway that
would result in any increase in flood elevation unless approved by the Iowa
Department of Natural Resources or its assignee.
2. Variances shall only be granted upon a showing of good and sufficient cause,
and a determination that the granting of the variance will not result in
increased flood elevation, additional threats to public safety, extraordinary
public expense, create nuisances or cause fraud on or victimization of the
public.
3. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for
buildings than what is ordinarily required by this Article, the applicant shall be
notified, in writing, over the signature of the Building Official, that the
issuance of a variance will likely result in increased premium rates for flood
insurance.
5. All variances granted shall have the concurrence or approval of the Iowa
Department of Natural Resources or its assignee.
B. Factors for Consideration
When considering applications for variances, the Board of Adjustment will consider
all relevant factors specified in other sections of this Article in addition to the
following factors: .
1. The danger to life and property due to increased flood elevation or velocities
caused by encroachments.
2. The danger that materials may be swept on to other land or downstream to
the injury of others.
3. The importance of the services provided by the proposed facility to the
community, and the risk of losing said services during a flood event.
4. The risk assumed by emergency personnel if it is necessary to evacuate the
use/structure during a flood event.
5. After consultation with the Historic Preservation Commission, a determination
of whether compliance with the floodplain regulations would result in a
substantial alteration or destruction of defining architectural characteristics of
landmark properties and properties located within historic or conservation
districts.
6. Such other factors that are relevant to the purposes of this Article.
C. Conditions of Approval
Upon consideration of the factors and approval criteria listed above, the Board of
Adjustment may attach such conditions and safeguards to the granting of a
variance as it deems necessary to fulfill the purposes and intent of the provisions of
this Article.
~~
The regulations and standards set forth in this Article may, from time to time, be
amended, supplemented, changed or repealed. No amendment, supplement, change or
modification shall be undertaken without prior approval of the Iowa Department of
Natural Resources or its assignee.
~ ~ ~ ~ ~ ~
The degree of flood protection required by this Article is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions. Flood heights may be increased by human-made or
natural causes, such as ice jams and bridge openings restricted by debris. This Article
does not imply that areas outside the regulated areas will be free from flooding or flood
damages. This Article does not imply that uses permitted within the regulated areas will
be free from flooding or flood damages. This Article shall not create liability on the part
of Iowa City or any officer or employee thereof for any flood damages that result from
reliance on this Article or any administrative decision lawfully made hereunder.
Article F. Floodplain Management Definitions
As used in Article 14-5J, Floodplain Management Standards, the following definitions
shall apply. The General Definitions contained in Article A of this Chapter shall apply to
all terms used in Article 14-5J that are not defined below.
100-YEAR FLOOD EVENT: A flood, the magnitude of which has a one percent
chance of being equaled or exceeded in any given year or which, on the
average, will be equaled or exceeded at least once every 100 years.
500-YEAR FLOOD EVENT: A flood, the magnitude of which has atwo-tenths
percent chance of being equaled or exceeded in any given year or which, on
the average, will be equaled or exceeded at least once every 500 years.
1% ANNUAL FLOOD EVENT: The predicted level of flooding with a one percent
(1%) chance of being equaled or exceeded in any given year (formerly known
as the 100-year flood event).
0.2% ANNUAL FLOOD EVENT: The predicted level of flooding with atwo-tenths
(0.2%) chance of being equaled or exceeded in any given year (formerly
known as the 500-year flood event).
BASEMENT: Any enclosed area of a building that has its floor or lowest level
below ground level (subgrade) on all sides (see definition of Lowest Floor).
CLASS 1 CRITICAL FACILITIES: Facilities that must remain accessible during
the 0.2% flood event because they are the base of operations for emergency
responders, are particularly difficult to evacuate during a flood event, or
facilities that provide services essential to the life, health, and safety of the
community. Class 1 Critical Facilities include police and fire stations,
emergency medical centers, communication centers, hospitals, jails, nursing
homes, and other residential uses for persons with limited mobility and/or
dependency upon life-sustaining medical equipment.
CRITICAL FACILITIES: Structures that store public records; museums and
libraries; schools; and other buildings that store rare and/or valuable items
and information that sustain the history and public records of a community.
These structures are not expected to remain accessible or functioning during
a flood event, though in many instances their functions must resume as soon
as possible after a flood event. Critical Facilities also include public
insfrastructure such as water distribution and wastewater treatment facilities,
which are expected to remain functioning during a flood event although they
may be temporarily inaccessible or accessible only by watercraft during a
flood event.
DEVELOPMENT: Any human made change to improved or unimproved real
estate, including, but not limited to, the placement of manufactured housing,
buildings or other structures, mining, dredging, streambank erosion control
measures, filling, grading, paving, excavation or drilling operations.
FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas resulting from the overflow of streams or rivers or
from the unusual and rapid runoff of surface waters from any source.
FLOOD CONTROL STRUCTURAL WORKS: Barriers or storage areas constructed
to control floodwater, modify or re-direct a channel.
FLOOD ELEVATION: The elevation which floodwaters would reach at a particular
site during the occurrence of a specific frequency flood. For instance, the 1%
flood elevation is the elevation of floodwaters with a 1% likelihood of
occurring in any given year. The 0.2% flood elevation is the elevation of
floodwaters with a 0.2% likelihood of occurring in any given year. In areas of
shallow flooding, there is a 1% or greater annual chance of flooding to an
elevation specified on the Flood Insurance Rate Map.
FLOOD HAZARD AREA: Land that is shaded and identified as "AE", "X" or "AH"
on the Flood Insurance Rate Map.
FLOOD HAZARD ELEVATION: The elevation of the 0.2% flood as profiled in the
Flood Insurance Study for Johnson County, Iowa. In areas of shallow
flooding, the elevation of the flood as illustrated on the Flood Insurance Rate
Map.
FLOOD INSURANCE RATE MAP: The official map prepared as part of (but
published separately from) the flood insurance study which delineates both
the flood hazard areas and the risk premium zones applicable to the
community.
FLOOD INSURANCE STUDY: A study initiated, funded and published by the
federal insurance administration for the purpose of evaluating, in detail, the
existence and severity of flood hazards, providing the city with the necessary
information for adopting a floodplain management program and establishing
actuarial flood insurance rates.
FLOODPLAIN: Any land area susceptible to being inundated by water as a result
of a specific frequency flood. For instance, the 1%floodplain is the area of
land that, in any given year, has a 1% likelihood of flooding. The 0.2%
floodplain is the area of land that, in any given year, has a 0.2% likelihood of
flooding. In areas of shallow flooding, there is a 1% or greater annual chance
of flooding to a specified elevation, but a clearly defined channel does not
exist, and the path of flooding is unpredictable.
FLOODPLAIN MANAGEMENT: An overall program of corrective and preventive
measures for reducing flood damages and for promoting the wise use of
floodplains, including, but not limited to, emergency preparedness plans, flood
control works, floodproofing and floodplain management regulations.
FLOODPROOFING: Any combination of structural and nonstructural additions,
changes or adjustments to structures, including utility and sanitary facilities,
which will reduce or eliminate flood damage to such structures.
FLOODWAY: The channel of a river or stream and those portions of the
floodplains adjoining the channel which are reasonably required to carry and
discharge floodwaters so that confinement of floodwaters to the floodway
area will not result in substantially higher flood elevation.
FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway,
which can be filled, leveed or otherwise obstructed without causing
substantially higher flood elevations.
LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a
basement, except when all the following criteria are met:
• The enclosed area is designed to flood to equalize hydrostatic pressure
during floods with walls or openings that satisfy the provisions of 14-5J-7E
of this Title; and
• The enclosed area is unfinished (not carpeted, drywalled, etc.) and used
solely for low damage potential uses, such as building access, parking or
storage; and
• Machinery and service facilities (e.g. hot water heater, furnace, electrical
service) contained in the enclosed area are located at least one foot above
the flood hazard elevation; and
• The floor is not below grade on all sides.
MANUFACTURED HOUSING: Any structure designed for residential use which is
wholly or in substantial part, made, fabricated, formed or assembled in
manufacturing facilities for installation or assembly and installation on a
building site. For the purposes of Article 14-5J, Floodplain Management,
manufactured housing includes factory built homes, mobile homes,
manufactured homes and modular homes and also includes park trailers,
travel trailers and other similar vehicles placed on a site for greater than 180
consecutive days.
MANUFACTURED HOUSING PARK: A parcel or contiguous parcels of land
divided into two or more manufactured housing lots for rent or sale.
NEW CONSTRUCTION OF NEW BUILDINGS, MANUFACTURED HOUSING
PARKS: Those structures or development that began construction after May
2, 1977.
SHALLOW FLOOD HAZARD AREA: Areas of special flood hazards having shallow
water depths and/or unpredictable flow paths between one (1) and three (3)
feet, and with water surface elevations determined.
STRUCTURE: Anything constructed or installed on the ground or attached to the
ground, including, but not limited to buildings, factories, sheds, cabins,
manufactured housing, storage tanks and similar.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure where
the cost of restoring the structure to its pre-damaged condition would equal
or exceed 50 percent of the. assessed or market value as established by an
appraisal paid for at the owner's expense, whichever is greater.
SUBSTANTIAL IMPROVEMENT: Any improvement to a structure that satisfies
either of the following criteria:
• Any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds fifty percent of the assessed or market value as
established by an appraisal paid for at the owner's expense, whichever is
greater, of the structure either before the improvement or repair is started
or, if the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any wall,
ceiling, floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure. The
term does not, however, include any project for improvement of a
structure to comply with existing state or local health, sanitary or safety
code specifications which are solely necessary to assure safe conditions for
the existing use.
• Any addition which increases the original floor area of a building by 25
.percent or more. All additions constructed after May 2, 1977 shall be
added to any proposed addition in determining whether the total increase
in original floor space would exceed 25 percent.
~' C
Prepared by: Julie Tallman, Development Regulations Specialist, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 5, ARTICLE J: FLOODPLAIN MANAGEMENT
STANDARDS TO REGULATE THE 100 AND 500 YEAR FLOODPLAIN AND ASSOCIATED
CHANGES TO 14-9F "FLOODPLAIN MANAGEMENT DEFINITI NS," 14-46-2 VARIANCES AND 14-
86-5: FLOODPLAIN DEVELOPMENT PERMIT.
WHEREAS, t City currently regulates development in th 100-year floodplain pursuant to the
floodplain managem nt standards detailed in Title 14, Chapter 5, rticle J of the City Code of Ordinances;
and
WHEREAS flood a nts of 1993 and 2008 caused catastro is damage to private property and public
infrastructure in both the 0-year and 500-year floodplain; and
WHEREAS, such flood vents caused a substantial risk t the public health, safety and welfare of the
community; and
WHEREAS, the City has en awarded, to date, ap
grants to repair, replace or purcha eflood-damaged public
floodplain; and
WHEREAS, the 2007 Johnson County, Iowa a d
established reliable flood forecasting to to use in ore icti
year flood hazard levels; and
WHEREAS, the terms "100 year flood er
the actual, annual risk of investing in a fl
considered together as a "flood hazard area" to
WHEREAS, in order to mitigate the risks of
adopt floodplain regulations to regulate develol
critical facilities, such as hospitals and jails, rem
variance from these standards in certain situatic
NOW, THEREFORE, BE IT ORDAINED
IOWA:
ximately $15,000,000 in federal and state
ilities and private homes within the 500-year
Incorporated Areas Flood Insurance Study
ig the reach of both the 100-year and the 500-
i "500 year flood event" mislead the public regarding
and area and should therefore be redefined and
t the increased risk of flooding in these areas; and
re flood events, the City finds it in the public interest to
within the flood hazard area; to require that certain
~c~ssible during such a flood event; and to allow for a
s.
' THE C COUNCIL OF THE CITY OF IOWA CITY,
SECTION I. The Code of Ordinances oft e City of Iowa Cit Iowa is hereby amended as follows:
A. By repealing 14-4B-2A(4) and su stituting in lieu there f as follows:
4. The owner's situation is un' ue or peculiar to the operty in question, and the situation is
not shared with other lando ers in the area nor duet general conditions in the
neighborhood, except whe a variance from a floodplai management standard is requested
per 14-5J-9; and
B. By repealing 14-5J in its enti ety and substituting in lieu thereof a attached Article 14-5J; and
C. By repealing 14-8B-5 in its ntirety and substituting in lieu thereof the attached Section 14-86-5;
and
D. By repealing 14-9F in its ntirety and substituting in lieu thereof the attached Article 14-9F.
SECTION III. REPEALER. All rdinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. --~
SECTION IV. SEVERABILI . If any section, provision or part of the Ordinance shall be aidged to be
invalid or unconstitutional, such djudication shall not affect the validity of the Ordinani'~ as aw`~i_ ole or any
section, provision or part thereof of adjudged invalid or unconstitutional. ~ - ~.~,
SECTION V. EFFECTIVE ATE. This Ordinance shall be in effect after its final p~~sage, ~proval, and
publication.
Passed and approved
day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
~ltGt. ~t.rJOZ/ ~W~i ~
City Attorney's Office ~ lf ~,
IZ~ D
14-4B-2: VARIANCES:
The board of adjustment is empowered to grant variances from the provisions of
this title that will not be contrary to the public interest when, owing to unique
circumstances or conditions, a literal interpretation of this title would deprive the
applicant of rights commonly enjoyed by other properties in the zoning district
under the terms of this title and would impose unnecessary nd undue hardship
on the applicant. To ensure that the spirit of this title is obs ed and substantial
justice done, no variance to the strict application of any pro ision of this title shall
be granted by t board unless the applicant demonstrate that all of the
following approva riteria are met. The procedures for ob aining a variance are
set forth in chapter article C, "Board Of Adjustment A royal Procedures", of
this title.
A. Approval Criteria:
1. The proposed variance will n~
substantially adverse effect on
adjacent to the property includ
threaten neigh
'he use or valu
~f,in the varian
2. The proposed variance will be in hi=
this title and will not contravene the
amended; and
ny
bor ood integrity, nor have a
e other properties in the area
c ;and ~._
~ the general purpose ar~d_,tnt~# of
of the comprehensive pla_n., as
~~
3. The property in question cannot yield a sonable return if required t~~omp~j~
with the requirements and standards sp ' ied in this title; and
-;
4. The owner's situation is unique or pec iar t the property in question, and the---
situation is not shared with other land wners i the area nor due to general
conditions in the neighborhood, exce t when a ariance from a floodplain
management standard is requested er 14-5J-9; nd
5. The hardship is not of the landow er's or applicant own making or that of a
predecessor in title.
B. Use Variance Prohibited: U der no circumstance ma the board grant a
variance that would allow .land use, other than thos specifically allowed in
the zoning district in whi the subject property is locat d.
C. Burden Of Proof: The~pplicant bears the burden of proof'~nd must support
each of the approval criteria by a preponderance of the evi ence.
~. ~ "1
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D. Precedents: The ranting of a variance is not grounds for granting other
variances forth same or differing properties. (Ord. 05-4186, 12-15-2005)
14-8B-5: FLOODPLAIN DEVELOPMENT PERMIT:
A. Permit Required: A floodplain development permit issued by the building
official shall be secured prior to initiation of any development on a tract of land
within a flood hazard area. /
B. Submittal Req 'rements: The building official may rec~ire the following
information: /
1. Description of the wori~to be covered by the permit.
2. Description of the land o which the proposed wor is to be done (i.e., lot, block,
tract, street address or sim r description) that will eadily identify and locate the
work to be done.
3. Indication of the use or occupa cy for which the roposed work is intended.
4. Elevation of the flood hazard eve t.
5. Elevation in relation to national geo tic verti al datum of the lowest floor,
including basement, of buildings or of a le Ito which a building is to be
floodproofed.
6. For buildings being improved or rebuilt, t estimated cost of improvements and
market value of the building prior to the i p vements.
7. Such other information as the building official ems reasonably necessary for
the purpose of determining complian a with the equirements of chapter 5, article
J, "Floodplain Management Standar s", of this titl .
C. Approval Procedure: The buil ng official shall, wit 'n a reasonable time, make
a determination as to wheth the proposed floodpl in development meets
the applicable standards of hapter 5, article J, "Floo plain Management
Standards", of this title, a shall approve or disappro e, in writing, the
application. For disappro als, the applicant will be infor ed, in writing, of the
specific reasons why th application was disapproved. a building official
shall not issue permit for variances, except as approved y the board of
adjustment accordin to the approval criteria for such varia ces set forth in
chapter 5, article J f this title. (Ord. 05-4186, 12-15-2005)
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C,~l
Article 7. Floodplain Management Standards
~~
The purpose of this Article is to protect and preserve the rights and pr' ileges and
property of Iowa City and its residents and to protect, preserve and i prove the peace,
safety, health, welfare, comfort and convenience of its residents by inimizing flood
losses. The provisions of this Article are designed to:
A. Reserve sufficient floodplain ar~for the conveyance of floo~1 flows so that flood
heights and velocities will not be 'ncreased substantially. /
B. Restrict or prohibit uses that are d gE
flood or that cause excessive increa
C. Require that uses vulnerable to floods,
uses, be protected against flood dama~
D. Assure that eligibility is maintained for
through the national flood insurance p
A. Application of Provisions
The regulations within this article a
County, Iowa, and Incorporated Ar
16, 2007. The "Johnson County, Ic
Study", as amended, is hereby ado
article for the purpose of adminis~
B. Minimum Requirements
The provisions of this Article <
liberally construed in favor of
limitation or repeal of any ot~i
rous to health,
in flood height
'ety or property in times of
r velocities.
luding pub,~c utilities that serve such
to purchase flood insurance
ply to all lands i entified in the "Johnson
~ Flood Insuran Rate Map", dated February
a and Incorporat Areas Flood Insurance
:ed by reference an is made a part of tftfs
ng floodplain manag ent regulations. ;-
i e considered minimum requi
he governing body and will n
er powers granted by State st
its a`t~d will be
deemed a
~.
C. Abrogation and Greater Restrictions
It is not intended by this rticle to repeal, abrogate or impair any
easements, covenants or deed restrictions. However, where this A
greater restrictions, the rovisions of this Article shall prevail. Whe
provisions herein confl' t with other provisions of this Title, this Ar
fisting
cle imposes
more specific
I~ shall prevail.
A. Legal Authority/
Chapter 4556, Code of Iowa, as amended, gives cities authority to adopt
regulations governing development and redevelopment within flood hazard areas,
including designation of flood hazard maps.
B. Legislative Findings
1. The flood hazard areas of Iowa City are subject to periodic inundation which
can result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for
flood protection and relief and impairment of the tax base, I of which
adversely affect the peace, safety, health, welfare, comfort nd convenience
of its residents.
2. These flood losses, hazards, and related adverse effects a caused by the
occupancy of ood hazard areas by uses vulnerable to flo d damages. Such
uses create ha ardous conditions as a result of being ina equately elevated or
otherwise prote ed from flooding and the cumulative e ect of obstructions
on the Floodplain ausing increases in flood heights an velocities.
3. This Article relies u n engineering methodology for nalyzing flood hazards,
which is consistent w the standards established b the Iowa Department of
Natural Resources or i assignee.
A. Except as provided in subsection B, elow, no struc re or land shall hereafter be
used and no structure shall be locate enlarged, nverted or structurally altered
without full compliance with the terms this Art' le.
B. If a structure that is not in compliance wit the rovisions of this Article lawfully
existed prior to May 2, 1977 and has existe ntinuously without abandonment
since that time, then improvements may be de to the structure, notwithstanding
the provisions of this Article, provided such ' p vements do not constitute a
substantial improvement as defined in Arti e 14- , of this Title, Floodplain
Management Definitions. However, struc res, use or development that are
nonconforming with regard to other prov sions of thi Title must comply with the
applicable regulations contained in Arti e 14-4E, Non nforming Situations.
A. Enforcement Official Designat
The Building Official shall adminis rand enforce the provisio s of this Article.
B. Duties and Responsibilities
Duties and responsibilities of th Building Official include, but ar not necessarily
limited to the following:
1. Record and maintain a cord of the elevation (in relation to N tional rac~odetic
Vertical Datum) of the owest floor of all new or substantially im oved~~
buildings or the eleva ion to which new or substantially improved tructures
have been floodpro ed. r~~
._~ _.._ a
2. Notify adjacent co munities or counties and the Iowa Department-af Natural
Resources, or its ssignee, prior to any proposed alteration or relocation of a `
watercourse. `~ . ~.'
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,:7
3. Keep a record of all permits, appeals, variances and other such transactions
and correspondence pertaining to the administration of this Article.
14-57-6 Floodplain Development Permit
A. Permit Required
A Floodplain evelopment Permit, issued by the Building Official, st be obtained
prior to initiatio of any development on a parcel of land within a ood hazard area
according to the a licable review and approval procedures cont fined in Article 14-
86, Administrative A proval Procedures.
B. Compliance
Floodplain Development ermits based on approved plans a d applications
authorize only the use, ar ngement, and construction set orth in such approved
plans and applications. Pri to use or occupancy of any ructure, the applicant
will be required to submit ce ification by a professional ngineer or land surveyor,
registered in the State, that th finished fill, building fl r elevations, floodproofing
or other flood protection measu s were accomplishe in compliance with the
provisions of this Article. Any use, rrangement or nstruction not in compliance
with the uses authorized will be de ed a violatio of this Article.
All properties subject to the regulations of this
applicable performance standards.
A. General Construction Require
All structures shall be:
must comply with the follow
,-~ ~~~
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1. adequately anchored to preven flotation, coil se or lateral mo~tement ~o~ the '_
structure; and
2. constructed with materials a d utility equipment r sistant to flood damage;
and
3. constructed by methods d practices that minimize od damage.
B. Class I Critical Facilities
1. Class I Critical Faciliti s may not be located within a flood azard area.
2. Class I Critical Facili es must be located with a means of ve icular access that
will remain passabl during occurrence of the 0.2% flood eve t.
C. Residential Buildi
1. All new or subst ntially improved residential structures must have the lowest
floor of the on nal structure and any lateral addition elevated a mi imum of
one foot abov the flood hazard elevation.
2. Where existi g topography, street grades, or other factors preclude elevating
by fill, alter ate methods of elevating, such as piers, may be allowed, subject
to approv by the Building Official. In such a case, a Licensed professional
shall certify that the methods used will be adequate to support the structure
as well as withstand the various forces and hazards associated with flooding.
D.
Nonresidential Buildings
1. All new or substantially improved nonresidential buildings must have the
lowest floor of the original structure and any lateral additio elevated a
minimum of ne foot above the flood hazard elevation or, ogether with
attendant utili and sanitary systems, be floodproofed to uch a level.
2. When floodproo g is utilized, a professional engineer r gistered in the State
shall certify that t floodproofing methods used area equate to withstand
the flood depths, pr ssures, velocities, impact and up ' forces and other
factors associated wi the flood hazard, and that th structure below the
flood hazard elevation 's watertight with walls subs ntially impermeable to
the passage of water. ch certification must also ndicate the specific
elevation, in relation to tional Geodetic Vertic Datum, to which any
structures are floodproofe . A record of this ce ification will be retained in
the office of the Building O cial. _ ~.'
E.
All New and Substantially Impt~oved Stru
Fully enclosed areas below the owest fl
be designed to automatically equ ize by
walls by allowing for the entry and xit
this requirement must either be certi d
to meet or exceed the following mini
- ...-~
ct es ~ _ f "'
~ "that are subject ~pflood~g shi~lt`
rostatic flood forces°ort extenor 1
F flood waters. Designs for mepeting '-
by a registered professonalepgineei-'=
i approval criteria:
a. There must be a minimum of ope 'ngs having a total net area of not
less than one square inch for every s are foot of enclosed area subject
to flooding. The openings all not be Gated on the same wall.
b. The openings shall be loc ed on exterior alts such that the 1% flood
elevation, or shallow flo elevation, is abo a the bottom of the opening,
and in all cases the bo m of all openings s all be no higher than one
foot above grade.
c. Openings shall permi the automatic entry and it of floodwaters.
2. New and substantially im roved structures must be de 'gned or modified and
adequately anchored to revent flotation, collapse or la ral movement of the
structure resulting fro hydrodynamic and hydrostatic to ds, including the
effects of buoyancy.
F.
3. New and substantial) improved structures must be constru ted with
electrical, heating, v ntilation, plumbing and air-conditionin equipment and
other service facilit' s elevated or floodproofed to one foot a ve the flood
hazard elevation.
Manufactured Hou ing
Manufactured housi g, including those placed in existing manufacture housing
parks, planned dev lopments, or subdivisions, must be:
1. Anchored ~ resist flotation, collapse or lateral movement.
2. Elevated on a permanent foundation such that the lowest floor of the
structure is a minimum of one foot above the flood hazard elevation.
G.
Utility and Sanitary Systems
All new or replacement on-site sewage waste disposal sy terns must be
located or designed to avoid impairment to the system o contamination from
the systervr~luring flooding.
2. New or repla ment water supply systems must be desi Wed to minimize or
eliminate infiltr tion of floodwaters into the system. W er supply facilities
must be provide with a level of protection equal too greater than one foot
above the flood h and elevation.
3. Utilities, such as gas r electrical systems, must be I Gated and constructed to
minimize or eliminate ood damage to the system nd the risk associated with
such flood damage or i paired systems.
H. Storage of Flammable, Exp sive or Injurious terials
Storage of materials and equipm nt that are Hamm le, explosive or injurious to
human, animal or plant life is pro 'bited unless ele ted a minimum of one foot
above the flood hazard elevation. er material d equipment must either be
similarly elevated or:
1. not be subject to major flood dams a an be anchored to prevent movement
due to flood waters or;
2. be readily removable from the area wi the time available after flood
warning.
I. Flood Control Structural Works
Flood control structural works, includin but not lim' ed to levees and flood walls,
must provide, at a minimum, protectio from a 0.2% ood event with a minimum
of 3 feet of design freeboard and mu provide for ade uate interior drainage. In
addition, flood control structural wor s must be approv by the Iowa Department
of Natural Resources or its assignee
7. Inhibiting Floodways and Drai age Facilities
No use shall affect the capacity o conveyance of the channe or floodway of any
tributary to the main stream, dr Wage ditch or other drainage acility or system.
K. Subdivisions
Subdivisions and Planned Dev lopments, including manufactured ousing pads,
must be designed to minimiz flood damage and must have adequ t~~lrain
provided to reduce exposur to flood damage, and must meet the a ~~,licable '; ' ,
performance standards est lished by the City Engineer. Any subdivi n,~~plataned _~ --
development, or manufac red housing park intended for residential de __ :lopment `,
must provide all lots with a means of vehicular access that will remair~~~s ably
during occurrence of th 1% flood event.
L. Residential Access Structures ::-'
The exemption of de ched garages, sheds and similar structures from the flood
elevation requireme is may result in increased premium rates for insurance
coverage of the structure and contents; however, said detached garages, sheds
and similar accessory type structures are exempt from the flood elevation
requirements when all of the following conditions exist:
1. The structure is not used for human habitation.
2. The structure designed so as to have low flood damage potential.
3. The structure is nstructed and placed on the building site so as t offer
minimum resistan to the flow of flood waters.
4. The structure is firm anchored to prevent flotation, which may suit in
damage to other strut ures.
5. The service facilities for he structure, such as electrical and h sting
equipment, are elevated floodproofed to at least one foot bove the flood
hazard elevation.
6. There shall be a minimum o 2 openings having a total n area of not less
than one square inch for eve square foot of enclosed ea subject to
flooding. The openings shall n t be located on the sa a wall.
7. The openings shall be located o exterior walls such at the 1% flood
elevation, or shallow flood elevati , is above the b ttom of the opening, and
in all cases the bottom of all openin s shall be no igher than one foot above
grade.
8. Openings shall permit the automatic en and xit of floodwaters.
r - ~ ~ ~ ~ •
In addition to the general floodplain standards list d abo ,uses within the floodway
must meet the following applicable standards. r~
A. No use is permitted in the floodway that ould increase he 1% flood,hazard~;.;~
elevation, unless approved by the Iowa epartment of N ural Resources or t9
assignee. ~ ~~ ~
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B. All uses within the floodway must:
..
1. Be consistent with the need o minimize flood damage; a d ,4 ~ _ ry
~.
2. Use construction methods nd practices that will minimize ood d~mage;:and
3. Use construction materia and utility equipment that are res tant to flood
damage.
C. No use is permitted that w uld affect the capacity or conveyance of a channel or
floodway or any tributary o the main stream, drainage ditch or any o er drainage
facility or system.
D. Structures, buildings a d sanitary and utility systems, if permitted, must et the
applicable general FI dplain management standards and must be construc d and
aligned to present t e minimum possible resistance to flood flows.
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E. Buildings, if permitted, must have low flood damage potential and must not be
used for human habitation.
F. Storage of materials or equipment that are buoyant, flammable, explosive or
injurious to human, imal or plant life is prohibited. Storage of other material may
be allowed if readily re ovable from the floodway within the time avail ble after
flood warning.
G. Watercourse alterations or elocations, including channel changes and
modifications, must be desi ned to maintain the flood-carrying capac' within the
altered or relocated portion. addition, such alterations or relocati s must be
approved by the Iowa Depart ent of Natural Resources or its assig ee.
H. Any fill or stream bank erosion c~Qntrol projects allowed in the floodway must have
some beneficial purpose and will e limited to the minimum amo nt necessary.
I. Pipelines that cross rivers or strea must be buried in the stre tubed and banks
or otherwise sufficiently protected t prevent rupture due to c nnel degradation
and meandering or due to action of od flows. Where flood y data has been
provided in the flood insurance study, uch data shall be use to define the
floodway limits.
). Where no floodway data has been provide the Iowa De rtment of Natural
Resources or its assignee shall be contacted o provide a oodway delineation.
Where floodway data is not available, it shall the res onsibility of the permittee
to produce engineered data delineating the floo ay.
The Board of Adjustment may authorize, upon reques ins ecific cases, such variances
from the terms of this Article that will not be contrary to the ublic interest where,
owing to special conditions, a literal enforcement of he provis ns of this Article will
result in unnecessary and undue hardship. To ens a that the s irit of the ordinance is
observed and substantial justice done, no variant to the strict a plication of any
provision of this Article shall be granted by the and unless the a plicant demonstrates
that all of the following approval criteria are m t. In addition, the pplicant must meet
all the provisions and general approval criteri for variances as stat in Article 14-4B,
Minor Modifications, Variances, Special Exc tions, and Provisional U es, except 14-46-
2a4.
A. Approval Criteria
1. No variance shall be granted for any development within the fl odway that
would result in any increas in flood elevation unless approved the Iowa
Department of Natural Re urces or its assignee. ~~
~:
2. Variances shall only be anted upon a showing of good and suf~i t cause,
and a determination th the granting of the variance will not result i ~ ,,
increased flood elevati n, additional threats to public safety, extr~9~di ~,
public expense, treat nuisances or cause fraud on or victimization of th
public.
-#
3. Variances shall only be granted upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. In cases where the variance involves a lower level of flood protection for
buildings than hat is ordinarily required by this Article, the applicant shall be
notified, in writi ,over the signature of the Building Official, that th
issuance of a vari ce will likely result in increased premium rates fo flood
insurance.
5. All variances granted ~II have the concurrence or approval of
Department of Natural esources or its assignee.
B. Factors for Consideration
When considering applications f variances, the Board of Adjustme twill consider
all relevant factors specified in of r sections of this Article in addi 'on to the
following factors: .
1. The danger to life and property ~e to increased flood ele~lation or velocities
caused by encroachments. \ /
2. The danger that materials may be s~ept on to other laq(d or downstream to
the injury of others. ~ /
3. The importance of the services provided by the prog~osed facility to the
community, and the risk of losing said serves dur ng a flood event.
4. The risk assumed by emergency personnel if i i necessary to evacuate the
use/structure during a flood event.
5. After consultation with the Historic Preservati n mmission, a determination
of whether compliance with the floodplain r gulati s would result in a
substantial alteration or destruction of deli ing archi ctural characteristics of
landmark properties and properties locat within his ric or conservation
districts.
6. Such other factors that are relevant t the purposes oft 's Article.
C. Conditions of Approval
Upon consideration of the factors and pproval criteria listed abo ,the Board of
Adjustment may attach such conditi sand safeguards to the gra ing of a
variance as it deems necessary to f Ifill the purposes and intent of a provisions of
this Article.
~,
The regulations and standards
amended, supplemented, chan
modification shall be undertakE
Natural Resources or its assign
- ~ ~:,
t orth in this Article may, from time to tt±~le,'ber
or repealed. No amendment, supplem~r~t_ than or` _ .,
without prior approval of the Iowa Department of
c_°~
The degree of flood protection required y this Article is considered reasona a for
regulatory purposes and is based on engi Bering and scientific methods of udy. Larger
floods may occur on rare occasions. Flood eights may be increased by h an-made or
natural causes, such as ice jams and bridge openings restricted by debri .This Article
does not imply that areas outside the regula d areas will be free from ooding or flood
damages. This Article does not imply that us s permitted within the r gulated areas will
be free from flooding or flood damages. This rticle shall not create lability on the part
of Iowa City or any officer or employee thereof or any flood dama s that result from
reliance on this Article or any administrative dec ion lawfully mad hereunder.
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Article F. Floodplain Management Definitions
As used in Article 14-5J, Floodplain Management Standards, the following efinitions
shall apply. The General Definitions contained in Article A of this Chapter hall apply to
all terms used in Article 14-5J t~iat are not defined below.
100-YEAR FLOOD EVEN • A flood, the magnitude of which ha a one percent
chance of being equate or exceeded in any given year or hich, on the
average, will be equaled r exceeded at least once every 00 years.
500-YEAR FLOOD EVENT: A ood, the magnitude of which as atwo-tenths
percent chance of being eq led or exceeded in any gi n year or which, on
the average, will be equaled r exceeded at least once every 500 years.
1% ANNUAL FLOOD EVENT: The redicted level of flo ing with a one percent
(1%) chance of being equaled o exceeded in any g' en year. (formerly known
as the 100-year flood event).
0.2% ANNUAL FLOOD EVENT: Thep dicted level f flooding with atwo-tenths
(0.2%) chance of being equaled ore eeded in ny given year (formerly
known as the 500-year flood event).
BASEMENT: Any enclosed area of a building at as its floor or lowest level
below ground level (subgrade) on all sides ee definition of Lowest Floor).
CLASS 1 CRITICAL FACILITIES: Facilitie
the 0.2% flood event because they are
responders, are particularly difficult to
facilities that provide services essential
community. Class 1 Critical Facilities '
emergency medical centers, commu is
s t at ust remain accessible during
t e ba a of operations for emergency
acuate during a flood event, or
o the lif health, and safety of the
clude polic and fire stations,
ation center hospitals, jails, nursing
homes, and other residential uses f r persons with I ited mobility and
dependency upon life-sustaining dical equipment. ~ ~~
- ;
CRITICAL FACILITIES: Structures t at store public recor ;museums and
libraries; schools; and other buil ings that store rare an /or valuably, item
and information that sustain th history and public recor s of a cQE'nmunity.
These structures are not expe ted to remain accessible o functioning during
a flood event, though in man instances their functions m t reswme as Soon
as possible after a flood eve t. Critical Facilities also includ public ~ '
insfrastructure such as wat r distribution and wastewater tr tment facilities,
which are expected to re in functioning during a flood even although they
may be temporarily inacc ssible or accessible only by watercra during a
flood event.
DEVELOPMENT: Any hum n made change to improved or unimprove real
estate, including, but of limited to, the placement of manufacture housing,
buildings or other st ctures, mining, dredging, streambank erosion ontrol
measures, filling, ading, paving, excavation or drilling operations. ''
FLOOD: A general and temporary condition of partial or complete inundation of
normally dry land areas resulting from the overflow of streams or rivers or
from the unusual and rapid runoff of surface waters from any source.
FLOOD CONTROL STRUCTURAL WORKS: Barriers or storage areas constructed
to control floodwater, modify or re-direct a channel.
FLOOD ELE TION: The elevation which floodwaters would re h at a particular
site during occurrence of a specific frequency flood. For instance, the 1%
flood elevation ' the elevation of floodwaters with a 1% li elihood of
occurring in any iven year. The 0.2% flood elevation is he elevation of
floodwaters with a .2% likelihood of occurring in any g' en year. In areas of
shallow flooding, th e is a 1% or greater annual Chan a of flooding to an
elevation specified on he Flood Insurance Rate Map.
FLOOD HAZARD AREA: La d that is shaded and identif d as "AE", '~X" or "AH"
on the Flood Insurance to Map.
FLOOD HAZARD ELEVATIO • The elevation of the .2% flood as profiled in the
Flood Insurance Study for J hnson County, Iow In areas of shallow
flooding, the elevation of the flood as illustrate on the Flood Insurance Rate
Map.
FLOOD INSURANCE RATE MAP: a official m p prepared as part of (but
published separately from) the flo insura ce study which delineates both
the flood hazard areas and the risk emi zones applicable to the
community.
FLOOD INSURANCE STUDY: A study ini ' t ,funded and published by the
federal insurance administration for e pu ose of evaluating, in detail, the
existence and severity of flood haz ds, pro ing the city with the necessary
information for adopting a floodpl in manage ent program and establishing
actuarial flood insurance rates.
FLOODPLAIN: Any land area susc ptible to being inu ated by water as a result
of a specific frequency flood. or instance, the 1% odplain is the area of
land that, in any given year, has a 1% likelihood of fl oding. The 0.2%
floodplain is the area of la that, in any given year, h s a 0.2% likelihood of
flooding. In areas of shall w flooding, there is a 1% or reater annual chance
of flooding to a specified levation, but a clearly defined hannel does not
exist, and the path of fl ding is unpredictable.
FLOODPLAIN MANAGEM NT: An overall program of correcti and preventive
measures for reducin flood damages and for promoting th wise use of
floodplains, including but not limited to, emergency prepare ess plans, flood
control works, flood roofing and floodplain management regu tions.
FLOODPROOFING: A y combination of structural and nonstructur additions,
changes or adjus ents to structures, including utility and sanit facilities,
which will reduc or eliminate flood damage to such structures.
FLOODWAY: The annel of a river or stream and those portions of th
floodplains a joining the channel which are reasonably required to rry and
discharge floodwaters so that confinement of floodwaters to the floodway
area will not result in substantially higher flood elevation.
FLOODWAY FRINGE: Those portions of the floodplain, other than the floodway,
which can be filled, leveed or otherwise obstructed without causing
substantially higher flood elevations.
LOWEST FLOOR: The floor of the lowest enclosed area in a building, including a
basement, except when all the following criteria are met:
• The enclosed rea is designed to flood to equalize hydrostatic pressure
during floods wi h walls or openings that satisfy the progisions of 14-5J-7E
of this Title; and
• The enclosed area is unfinished (not carpeted, drywalled etc.) and used
solely for low dam a potential uses, such as building ac ess, parking or
storage; and
• Machinery and servic facilities (e.g. hot water heater, f rnace, electrical
service) contained in t enclosed area are located at I ast one foot above
the flood hazard elevati ;and
• The floor is not below grad$ on all sides.
MANUFACTURED HOUSING: Any st cture designed for r idential use which is
wholly or in substantial part, made, abricated, formed r assembled in
manufacturing facilities for installatio or assembly an installation on a
building site. For the purposes of Artic 14-5J, Flood lain Management,
manufactured housing includes factory b ilt homes, obile homes,
manufactured homes and modular homes nd also ' cludes park trailers,
travel trailers and other similar vehicles plat d on site for greater than 180
consecutive days.
MANUFACTURED HOUSING PARK: A parcel or
divided into two or more manufactured housi
NEW CONSTRUCTION OF NEW BUILDINGS, ~
PARKS: Those structures or development t at
2, 1977.
SHALLOW FLOOD HAZARD AREA: Areas of s~
water depths and/or unpredictable flow atF
feet, and with water surface elevations ete
~tiguous parcels of lam
is for rent or sale.
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N FACTURED:HOUS~NG ___° ;
peg constructions afhen May;;
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:ial flood azards-having shallow---.
between ne (1}and three (3)
pined. -
STRUCTURE: Anything constructed or in ailed on the ground r attached to the
ground, including, but not limited t buildings, factories, sh ds, cabins,
manufactured housing, storage t ks and similar.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a s ructure where
the cost of restoring the strut re to its pre-damaged conditio would equal
or exceed 50 percent of the. ssessed or market value as establ hed by an
appraisal paid for at the ow er's expense, whichever is greater.
SUBSTANTIAL IMPROVEME T: Any improvement to a structure thdt satisfies
either of the following cri eria:
Any repair, reconstruction or improvement of a structure, the cost of
which equals or exceeds fifty percent of the assessed or market value as
established by an appraisal paid for at the owner's expense, whichever is
greater, of the structure either before the improvement or repair is started
or, if the structure has been damaged and is being restored, before the
damage occurred. For the purposes of this definition, sub tantial
improvement is considered to occur when the first alterati n of any wall,
ceiling, floor or other structural part of the building com nces, whether
or not that alteration affects the external dimensions of tfhe structure. The
term does ot, however, include any project for improve ent of a
structure t comply with existing state or local health, s nitary or safety
code specific ions which are solely necessary to assur ;safe conditions for
the existing us
Any addition whi increases the original floor area of~a building by 25
percent or more. II additions constructed after May , 1977 shall be
added to any propo d addition in determining whet er the total increase
in original floor space ould exceed 25 percent.
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Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240;319=356 x451 (F.E~~O-
00004) ~ ,___
ORDINANCE NO. - --
AN ORDINANCE C NDITIONALLY REZONING APPROXIMATELY 60.32 ACREa'~F LAND
FROM INTERIM D ELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-OFFI RESEARCH PARK (OP ~-ORP); AND APPROXIMATELY 56.48
ACRES OF LAND F M INTERIM DEVELOP ENT-RESEARCH PARK (ID-RP) TO
OVERLAY PLANNED DE LOPMENT-RESEARCH EVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 A RES OF LAND FRO INTERIM DEVELOPMENT-RESEARCH
PARK (ID-RP) TO OVERL Y PLANNED DEVE OPMENT-MIXED USE (OPD-MU) FOR
PROPERTY LOCATED NOR HWEST OF THE I TERCHANGE OF STATE HIGHWAY 1
WITH INTERSTATE 80. (REZ10 00004)
WHEREAS, the applicant, Mo Green Develo ent Corporation, filed with the City Clerk of
Iowa City, Iowa, an application for planned dev opment rezoning for an office research park
and mixed-use commercial developm nt for a total of approximately 141.29 acres of land located
northwest of the interchange of State hway 1 a d Interstate 80; and
WHEREAS, the City's Comprehens e Plan i dicates that this area is particularly suited for
office and research development park ses d e to its proximity to Interstate 80 and other
successful office research park firms;
WHEREAS, the Planning and Zoning C m fission has concluded that a smaller, mixed-use
area of office, retail, related services and hig density residential uses developed in a manner
that would complement and support the large ffice research park would be consistent with the
Comprehensive Plan; and
WHEREAS, the applicant has submitt d conceptual master plan for the planned
development indicating private street righ s-of- y; building locations, conceptual building
designs, parking lot and parking structure ocation ,mid-block pedestrian connections; green
infrastructure systems, preservation of woo lands an the Rapid Creek stream corridor, location
of trails, stormwater ponds, landscaping fe ures, and o er amenities; and
WHEREAS, the Planning and Zonin Commission as recommended that the conceptual
master plan for the development that wa submitted by th applicant should be recorded as a part
of the planned development plan and fi al site plans shou be reviewed by the Commission for
compliance with said master plan; and
WHEREAS, certain variations fr m the underlying zo 'ng and street requirements are
necessary to allow clustering of bu' dings away from the s nsitive areas, to facilitate green
building techniques, and to create a ore cohesive, urban street ape; and
WHEREAS, to ensure that stor ronts along Moss Place are re erved primarily for commercial
uses, the Planning and Zoning C mmission recommends certain restrictions on the types and
location of residential uses within a Mixed Use area; ~
WHEREAS, the Department f Planning and Community Develo~ent and the Public Works
Department have examined e Sensitive Areas Development Phan, Preliminary Planned
Development Plan, and conce ual master plan and recommended approval; and
WHEREAS, the Plannin and Zoning Commission examined th'e Preliminary Planned
Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due
deliberation and consideration of the application materials and the staff recommendations, has
recommended approval; and
WHEREAS, Iowa Code §414.5 (2009) 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
Ordinance No.
Page 2
WHEREAS, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL:
1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and
incorporated erein, is hereby reclassified from Interim Development Research Park (ID-RP) to
Overlay Plan d Development - Office Research Park (OPD-ORP), with the following
modifications to e lot dimensional requirements set forth in Iowa City Code of Ordinances 14-
2 D-4:
A. The minim front setback shall be 20 feet, the ma imum front setback shall be 60
feet, the minimu side setback shall be 20 feet; on applicable lots, the rear setback shall
be the constructi limit line as shown on the sensitive areas development plan; and the
minimum setback f m the Interstate-80 right-of-ways II be 50 feet; and
2. The approximately 56.48 a e property legally described i Exhibit A, Parcel 2, attached and
incorporated herein, is here reclassified from Interim evelopment-Research Park (ID-RP)
to Overlay Planned Developm nt -Research Develop ent Park (OPD-RDP) with the following
modifications to the lot dimensi nal requirements set orth in Iowa City Code of Ordinances
14-2D-4 and the City's street sta dards:
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A. The minimum building heigh shall be 20 f et; the maximum building might sell be 75
feet; the minimum front setback hall be 10 eet; and the maximum frorit_se~ba shah qe
20 feet; and on applicable lots, a rear etback shall be the constructit~n lini~t link a~
shown on the sensitive areas devel me plan; and ::.- - , „ L
B. On-street diagonal parking shall be owed along the frontage of lots,.2=4 and lots 10'
and 11 as illustrated on the preliminary armed development plan and sh~N co~irS~ toward
satisfying the minimum parking requir m t for development on said lots. -,~
3. The approximately 24.49 acre property gaily d scribed in Exhibit A, Parcel 3, attached and
incorporated herein, is hereby reclassifi from Int im Development-Research Park (ID-RP) to
Overlay Planned Development-Mixed U e (OPD-MU),,with the following modifications to the lot
dimensional requirements, floor area li itations and land uses allowed as set forth in Iowa City
Code of Ordinances 14-2C and 14-4 and the City's street standards:
A. The minimum building h ght shall be 20 feet; the~,maximum building height shall be 60
feet; the minimum fronts back shall be 10 feet; the'`maximum front setback shall be 20
feet; the minimum side setback shall be zero feet, and the rear setback shall be the
construction limit line a shown on the sensitive areas development plan; and
B. For Personal Se ice-Oriented Retail Uses and Eating'Establishments, there shall be
no floor area size I' itation. For Sales-Oriented Retail uses, the maximum floor area shall
be 10,000 square eet; and
C. The buildin articulation standard as set forth in subsection 14-2C-8M of the zoning
code shall ap y instead of the building scale standard in the Mixed Use Zone, 14-2C-9G;
and
D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single
Family Dwellings are prohibited; and
Ordinance No.
Page 3
E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed
within this zone; and
F. On-street diagonal parking as illustrated on the preliminary planned development plan
shall be allowed and shall count toward satisfying the minimum parking requirement for
development on said lots.
SECTION II. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and
directed to sign, and the, City Clerk attest, the Conditional Zoning Agreement between the property
owner and the City, folio ing passage and approval of this Ordin nce.
SECTION III. ZONI MAP. The Building Inspector is h eby authorized and directed to
change the zoning map of he City of Iowa City, Iowa, to confor to this amendment upon the final
passage, approval and pub ' ation of this ordinance by law.
SECTION IV. CERTIFI TION AND RECORDING. U on passage and approval of the
Ordinance, the City Clerk is ereby authorized and directe to certify a copy of this ordinance,
the associated conditional z Wing agreement, planned development plan, sensitive areas
development plan, and concept al master plan for Moss reen Urban Village and to record the
same at the office of the County ecorder of Johnson C unty, Iowa, at the owner's expense, all
as provided by law.
SECTION V. REPEALER. All dinances and pa s of ordinances in conflict with the provi-
sions of this Ordinance are hereby re Baled.
SECTION VI. SEVERABILITY. I any section, rovision or part of the Ordinance shall be
adjudged to be invalid or unconstituti al, such judication shall not affect the validity of the
Ordinance as a whole or any section, p ovision part thereof not adjudged invalid or unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. T 's Or finance shall be in effect after its final passage,
approval and publication, as provided by la
Passed and approved this day of X , 2010.
MAYOR
ATTEST: ~ ^'
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CITY CLERK ~ =: 4 -~
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ity Attorney's Office S ~S /~U - - '
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Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 5/10/2010
Vote for passage: AYES: Wilburn, right,
NAYS: None. ABSENT: None.
Second Consideration 6 1 2010
Vote for passage: AYES: Dickens, Haye ~
NAYS: None. ABSENT: None.
Date published
that the Ordinance
ey, Champion, Dickens, Hayek, Mims.
Wilburn, Wright, Bailey, Champion.
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Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ1Q~0004)
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CONDITIONAL ZONING AGREEMENT `"~ ~ s
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THIS AGREEMENT is made between the City of Iowa City, Iowa, a munir~al corporation
(hereinafter "City"), a d Moss Green Development Corporation (hereinafter"Owner"). ~_d
WHEREAS, O er is the legal title holder of approximately 141.29 acres of~ property
located northwest of the i terchange of State Highway 1 with Interstate 80; and ~ '"''.
WHEREAS, the O ner has requested the rezonin of said property from Interim
Development-Research Par (ID-RP) to planned develop ent overlay (OPD) zone with
approximately 60.32 acres rezoned to OPD-Office search Park (OPD-ORP) and
approximately 56.48 acres re Wed to OPD-Research velopment Park (OPD-RDP) and
approximately 24.49 acres rezon to OPD-Mixed Use (O -MU); and
WHEREAS, the Planning and oning Commissio has determined that, with appropriate
conditions regarding clustering of bu dings and parkin areas away from streams, woodlands,
and other sensitive features, promotio of energy effi iency and conservation and creation of a
cohesive, urban streetscape according o the submi ed master plan, that the requested zoning
and the various requested modifications to the zo ing are consistent with the Comprehensive
Plan goals of environmental stewardship,
and the intent of a sensitive areas devel
development, all three of which are accept
WHEREAS, to ensure that storefr~
commercial uses that will complement and
research development uses that are listed
Plan, the Planning and Zoning Commiss
location of residential uses within the Mix d
n of job opportunities within the community,.
conservation development, and mixed use
of planned developments; and
ant along Moss Place are reserved primarily for
ovi e goods and services to support the office and
s the tended uses according to the Comprehensive
n reco mends certain restrictions on the types and
Use are -and
WHEREAS, Iowa Code §414. (2009) provi s that the City of Iowa City may impose
reasonable conditions on granting n applicant's re Wing request, over and above existing
regulations, in order to satisfy publi needs caused by t requested change; and
WHEREAS, the Owner cknowledges that ce ain conditions and restrictions are
reasonable to ensure the devel pment of the property is consistent with the Comprehensive
Plan and the need for stewards ip of sensitive environment atures of the land; and
WHEREAS, the Ov
conditions of a Conditional
NOW, THEREFORE, in
agree as follows:
agrees to develop this property`fn accordance with the terms and
ing Agreement.
nsideration of the mutual promises contained herein, the parties
1. Moss Green Dq~ielopment Corporation is the legal title holder of the property legally
described on E hibit A, attached and incorporated herein; and
2. The Owne~cknowledges that the City wishes to ensure conformance to the principles
of the Co prehensive Plan and the Sensitive Areas Development Plan and that the
conditions imposed upon the property are reasonable and designed to satisfy public
1
needs caused by the requested zoning change. Further, the parties acknowledge that
Iowa Code §414.5 (2009) 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.
3. In considera ~on of the City's rezoning the subject property, Owner agrees that
development o the subject property will conform to all other requirements of the zoning
chapter, except as modified by ordinance through the planned development rezoning
process, as well the following conditions:
a. The Applicant m st receive approval of the final planned development site plans on
each lot from the tanning and Zoning Com fission. Site plans will be reviewed for
general compliance with the master plan ass omitted by the applicant to the City on
April 1, 2010, which hall be attached to an recorded with the preliminary planned
development plan and is conditional zoning greement; and
b. Moss Place will be co tructed and platte as a private street with a public and
emergency access ease ent extending ver the entire length and width of the
roadway and sidewalk, w 'ch easement hall be granted by Owner to the City in
writing; and
c. Moss Place must be built to the C
streets and shall be inspected d a
public; and
d. Detached Single Family Dwelling ,
Single Family Dwellings are prohibit
e. On land within the planned deve ~
allowed within the first 30 feet of bu
wall facing Moss Place. Reside fiat E
building features that provide ccess
minimum construction standards for public
red by the City prior to being opened to the
fwo Family Dwellings, and two-unit Attached
in the OPD-MU zone; and
gent zoned OPD-MU, residential uses are not
I g depth as measured from the front building
qtr ces, lobbies, stairwells, elevators and other
end afety for the residents are not included in
this restriction. In addition, u to 25% oft length of the ground level frontage. of a
building that faces Moss lace may inc de live-work units that include both
commercial and residenti functions. Live- ork units that do not include any
residential functions on the ground level floor do of count toward this limit.
4. The Owner and City ackr
conditions to impose on
conditions satisfy public n.
5. The Owner and City
sold, redeveloped, or
Conditional Zoning Ac
~ ledge that the conditio contained herein are reasonable
he land under Iowa Co §414.5 (2009), and thy; said
eds that are caused by the re uested zoning clge. ;- ~;
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~wledge that in the event the s bject property ;is transfdrred, .:
ivided, all redevelopment shall c form with the~sterms;:~f this
lent. ~ " _ _:~
6. The parties acknowl dge that this Conditional Zoning Agreeme
a covenant running ith the land and with title to the land, and
and effect as a co enant with title to the land, unless or until r
City of Iowa City.
-a
shall be~ deeme~t~to be
hall remain in f~(,force
eased of record`by the
The parties furtk~er acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
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
publicatio~ of the ordinance, this agreement shall be recorded in the Johnson County
Recorder'sYJffice at the Owner's expense.
Dated this d
2010.
CITY OF IOWA CITY
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Matt Hayek, Mayor BY~ ~~~ ~ vs5 • re S ~f z.rv+
Attest:
Marian K. Karr, City Clerk BY~
Ap roved b ~j "''
City Attorney's Office ~ ,~ \ `"~ `
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CITY OF IOWA CITY ACKNOWLEDGEII~IENT: ~ ;,.,:
J
STATE OF IOWA ) \
ss: \ ,~
JOHNSON COUNTY ) \
On this day of A.D. 20 before me, the
undersigned, a notary public in and for the St to d~f Iowa, personally appeared Matthew J. Hayek
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 o behalf of said municipal corporation by authority of its
City Council; and that the said Mayor nd City Clerk `as such officers acknowledged that the
execution of said instrument to be the oluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
CORPORATE ACKNOWLEDGE ENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
T is instru nt was ac owledged E
•-~ as /~c
e elopment Corporaf n.
VOLDENiARS PELDS
(i~1i881011 Number 706502
M~t,Commission irxpires
ow lb, ~~~ _ ZU /`
3
n this ~ day of~, 2010 by
,., of ,Moss Green
EXHIBIT A
PARCEL 1
COMMENCING at the West'/4 Corner of Section 36, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00 46 46 East, a distance of 1980.00 feet to the
a distance of 1,731.77 feet;
POINT OF BEGI NING; THENCE South 82 24'15" West,
THENCE North i~8°11'05" West, a distance of 925.94 feet; THENCE North 00°54'55"
West, a distance Qf 826.21 feet; THENCE North 62°47'54" East, a distance of 422.83 feet,
to the centerline o Moss Place, to a point on a curve; THENCE along the centerline of
Moss Place, along curve to the right having a radius of 600.00 feet, a delta of 22°09'35",
an arc length of 23 .06 feet, and a chord which bears North 16°07'19" West having a
chord distance of 23 .61 feet to a point of tangency; THENCE long the centerline of
Moss Place, North 05° 2'31" West, a distance of 450.41 feet; T NCE North 84°57'29"
East, a distance of 279. feet; THENCE South 59°45'54" East, distance of 302.28 feet;
THENCE South 65°24'52' ast, a distance of 341.75 feet; THEN E South 12°12'33" East,
a distance of 200.43 feet; THENCE South 66°23'38" East, distance of 486.33 feet;
THENCE South 72°38'46" E st, a distance of 211.24 feet; TH CE South 52°41'52" East,
a distance of 115.01 feet, tot a centerline of Moss Place, to point on a curve; THENCE
along the centerline of Moss ace, along a curve to the ri t having a radius-~f 600.00
feet, a delta of 14°46'19", an a length of 154.69 feet, a d a chord ua/~ich burs South
44°41'18" West having a chord di tance of 154.26 feet; T ENCE Soutft'3~°55'~~" East; ~
distance of 958.63 feet, to the P NT OF BEGINNING, containing 60.32`acres; more,:or
less. -== ~~ ~, ~
ARCEL 2 _
COMMENCING at the West'/4 Corne of Section 6, Township 80 North, Rara~e 6 West
of the Fifth Principal Meridian, Johnson County, wa; THENCE South 00°3711" East, a
distance of 851.11 feet; THENCE South 00°46' 6" East, a distance of 526.94 feet to the
POINT OF BEGINNING; THENCE South 0°4 '46" East, a distance of 1453.60 feet;
THENCE North 37°55'33" West, a dista of 958.63 feet, to the centerline of Moss
Place, to a point on a curve; THENCE alon the centerline of Moss Place, along a curve
to the left having a radius of 600.00 feet a delta of 14 46 19 , an arc length of 154.69
feet, and a chord which bears North 44°41' "East having a chord distance of 154.26
feet to a point on a line; THENCE N rth 5°41'52" West, a distance of 115.01 feet;
THENCE North 72°38'46" West, a d' tance 211.24 feet; THENCE North 66°23'38"
West, a distance of 486.33 feet; TH NCE Nor 12°12'33" West, a distance of 200.43
feet; THENCE North 65°24'52" Wes , a distance f 341.75 feet; THENCE North 59°45'54"
° ~ ~~
West, a distance of 302.28 feet; HENCE South 84 57 29 West a distance of 279.49
feet, to the centerline of Moss PI e; THENCE alo the centerline of Moss Place, South
05°02'31" East, a distance of 450.41 feet to a oint of curve; THENCE along the
centerline of Moss Place, alon a curve to the left h ving a radius of 600.00 feet, a delta
of 22°09'35", an arc length of 32.06 feet, and a chor which bears South 16°07'19" East
having a chord distance of 30.61 feet to a point o aline; THENCE South 62°47'54"
West, a distance of 422.8 feet; THENCE North 00° 4'55" West, a distance of 838.39
feet; THENCE North 00°5 '55" West, a distance of 359. 5 feet; THENCE North 89°41'57"
West, a distance of 12 .46 feet; THENCE North 00 4.26 West, a distance of 842.36
feet, to the centerline f Oakdale Boulevard; THENCE along the centerline of Oakdale
Boulevard, South °50'23" East, a distance of 579.85 feet; THENCE along the
centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00
feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South
73°35'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE
along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87
feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of
° „
150.90 feet, and a chord which bears North 86 21 12 East having a chord distance of
150.75 feet to a point on a line; THENCE South 00°40'34" West, a distance of 119.01
feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South
° „
46 57 56 West, a distance of 219.04 feet; THENCE South 00°40'56" West, a distance of
122.03 eet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South
51 °53'0 " West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of
149.77 fe ~ THENCE South 76°54'00" East, a distance of 396.41 feet; THENCE South
° ~ ~~
62°33'35" E t, a distance of 179.97 feet; THENCE North 70 47 47 East, a distance of
97.77 feet, to a centerline of Moss Place, to a point on a cure ;THENCE along the
centerline of Mo Place, along a curve to the right having a radi of 600.00 feet, a delta
of 10°35'07", an ar length of 110.85 feet, and a chord which be rs South 13°54'40" East
having a chord dista ce of 110.69 feet to a point on a line; HENCE North 81°22'53"
East, a distance of 34 5 feet, to the POINT OF BEGINNI G, containing 56.48 acres,
more or less.
PARCEL 3
THENCE South 00°37'11" East, distance of 468.8 feet to a point on the centerline of
Oakdale Boulevard which is the DINT OF BEG NING; THENCE South 00°37'11"
East, a distance of 851.11 feet; T NCE South 0°46'46" East, a distance of 526.94
feet; THENCE South 81°22'53" Wes ,~a distan e of 342.85 feet, to the centerline of
Moss Place, a point on a curve; THEN E alo g a curve to the left having a radius of
600.00 feet, a delta of 10°35'07", an arc I g of 110.85 feet, and a chord which bears
North 13°54'40" West having a chord dis nce of 110.69 feet to a point on a line;
THENCE South 70°47'47" West, a dista e'~f 97.77 feet; THENCE North 62°33'35"
West, a distance of 179.97 feet; THENC Nor 76°54'00" West, a distance of 396.41
feet; THENCE North 54°00'28" West a distar'~e of 149.77 feet; THENCE North
51°53'02" East, a distance of 144.00 f t; THENCE orth 72°50'57" West, a distance of
21.8.30 feet; THENCE North 00°40'5 ' East, a distance of 122.03 feet; THENCE North
46°57'56" East, a distance of 219.0 feet; THENCE Noid\h 63°43'48" East, a distance of
216.02 feet; THENCE North 00°4 34" East, a distance of,119.01 feet, to the centerline
of Oakdale Boulevard; THENC along the centerline of akdale Boulevard, along a
curve to the left having a radi of 1,000.00 feet, a delta of 24 41 , an arc length of
600.59 feet, and a chord wh~ h bears North 64°49'29" East ha°.ing a chord distance of
591.61 feet to a point of to ency; THENCE along the centerline' Oakdale Boulevard,
North 47°37'08" East, a tance of 23.25 feet to a point of curve; ENCE along the
centerline of Oakdale B levard, along a curve to the right having a ius of 1,000.00
feet, a delta of 20°04' ", an arc length of 350.47 feet, and a chord which bears North
57°39'33" East havi a chord distance of 348.68 feet to the POINT OF BEGINNING,
containing 24.49 acres, more or less.
~-..~
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sa
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10-
00004)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 60.32 ACRES OF LAND
FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO OVERLAY PLANNED
DEVELOPMENT-OFFICE RESEARCH PARK (OPD-ORP); AND APPROXIMATELY 56.48
ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH PARK (ID-RP) TO
OVERLAY PLANNED DEVELOPMENT-RESEARCH DEVELOPMENT PARK (OPD-RDP); AND
APPROXIMATELY 24.49 ACRES OF LAND FROM INTERIM DEVELOPMENT-RESEARCH
PARK (ID-RP) TO OVERLAY PLANNED DEVELOPMENT-MIXED USE (OPD-MU) FOR
PROPERTY LOCATED NORTHWEST OF THE INTERCHANGE OF STATE HIGHWAY 1
WITH INTERSTATE 80. (REZ10-00004)
WHEREAS, the applicant, Moss Green Development Corporation, filed with the City Clerk of
Iowa City, Iowa, an application for a planned development rezoning for an office research park
and mixed-use commercial development for a total of approximately 141.29 acres of land located
northwest of the interchange of State Highway 1 and Interstate 80; and
WHEREAS, the City's Comprehensive Plan indicates that this area is particularly suited for
office and research development park uses due to its proximity to Interstate 80 and other
successful office research park firms;
WHEREAS, the Planning and Zoning Commission has concluded that a smaller, mixed-use
area of office, retail, related services and higher density residential uses developed in a manner
that would complement and support the large office research park would be consistent with the
Comprehensive Plan; and
WHEREAS, the applicant has submitted a conceptual master plan for the planned
development indicating private street rights-of-way; building locations, conceptual building
designs, parking lot and parking structure locations, mid-block pedestrian connections; green
infrastructure systems, preservation of woodlands and the Rapid Creek stream corridor, location
of trails, stormwater ponds, landscaping features, and other amenities; and
WHEREAS, the Planning and Zoning Commission has recommended that the conceptual
master plan for the development that was submitted by the applicant should be recorded as a part
of the planned development plan and final site plans should be reviewed by the Commission for
compliance with said master plan; and
WHEREAS, certain variations from the underlying zoning and street requirements are
necessary to allow clustering of buildings away from the sensitive areas, to facilitate green
building techniques, and to create a more cohesive, urban streetscape; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for commercial
uses, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area;
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the Sensitive Areas Development Plan, Preliminary Planned
Development Plan, and conceptual master plan and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned
Development Plan, Sensitive Areas Development Plan, and conceptual master plan and after due
deliberation and consideration of the application materials and the staff recommendations, has
recommended approval; and
WHEREAS, Iowa Code §414.5 (2009) 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
Ordinance No.
Page 2
WHEREAS, Owner has agreed that the property shall be developed in accordance with the
terms and conditions of the Conditional Zoning Agreement to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. APPROVAL:
1. The approximately 60.32 acre property legally described in Exhibit A, Parcel 1, attached and
incorporated herein, is hereby reclassified from Interim Development Research Park (ID-RP) to
Overlay Planned Development - Office Research Park (OPD-ORP), with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances 14-
2D-4:
A. The minimum front setback shall be 20 feet, the maximum front setback shall be 60
feet, the minimum side setback shall be 20 feet; on applicable lots, the rear setback shall
be the construction limit line as shown on the sensitive areas development plan; and the
minimum setback from the Interstate-80 right-of-way shall be 50 feet; and
2. The approximately 56.48 acre property legally described in Exhibit A, Parcel 2, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP)
to Overlay Planned Development -Research Development Park (OPD-RDP) with the following
modifications to the lot dimensional requirements set forth in Iowa City Code of Ordinances
14-2D-4 and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 75
feet; the minimum front setback shall be 10 feet; and the maximum front setback shall be
20 feet; and on applicable lots, the rear setback shall be the construction limit line as
shown on the sensitive areas development plan; and
B. On-street diagonal parking shall be allowed along the frontage of lots 2-4 and lots 10
and 11 as illustrated on the preliminary planned development plan and shall count toward
satisfying the minimum parking requirement for development on said lots.
3. The approximately 24.49 acre property legally described in Exhibit A, Parcel 3, attached and
incorporated herein, is hereby reclassified from Interim Development-Research Park (ID-RP) to
Overlay Planned Development-Mixed Use (OPD-MU) with the following modifications to the lot
dimensional requirements, floor area limitations and land uses allowed as set forth in Iowa City
Code of Ordinances 14-2C and 14-4B and the City's street standards:
A. The minimum building height shall be 20 feet; the maximum building height shall be 60
feet; the minimum front setback shall be 10 feet; the maximum front setback shall be 20
feet; the minimum side setback shall be zero feet, and the rear setback shall be the
construction limit line as shown on the sensitive areas development plan; and
B. For Personal Service-Oriented Retail Uses and Eating Establishments, there shall be
no floor area size limitation. For Sales-Oriented Retail uses, the maximum floor area shall
be 10,000 square feet; and
C. The building articulation standard as set forth in subsection 14-2C-8M of the zoning
code shall apply instead of the building scale standard in the Mixed Use Zone, 14-2C-9G;
and
D. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached Single
Family Dwellings are prohibited; and
Ordinance No.
Page 3
E. All land uses allowed within the Commercial Office (CO-1) Zone shall also be allowed
within this zone; and
F. On-street diagonal parking as illustrated on the preliminary planned development plan
shall be allowed and shall count toward satisfying the minimum parking requirement for
development on said lots.
SECTION II. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and
directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property
owner and the City, following passage and approval of this Ordinance.
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 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,
the associated conditional zoning agreement, planned development plan, sensitive areas
development plan, and conceptual master plan for Moss Green Urban Village 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 provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
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 , 2010.
MAYOR
ATTEST:
CITY CLERK
Appr~ved by
I Cwt c c ~,~ l i cL22rz' - C'
City Attorney's Office 5 ~S /~~
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 10/11/2010
Vote forpaSSage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
that the Ordinance
First Consideration 5/10/2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration 6 / i / 2010
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Date published
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ10-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Moss Green Development Corporation (hereinafter"Owner").
WHEREAS, Owner is the legal title holder of approximately 141.29 acres of property
located northwest of the interchange of State Highway 1 with Interstate 80; and
WHEREAS, the Owner has requested the rezoning of said property from Interim
Development-Research Park (ID-RP) to planned development overlay (OPD) zone with
approximately 60.32 acres rezoned to OPD-Office Research Park (OPD-ORP) and
approximately 56.48 acres rezoned to OPD-Research Development.. Park (OPD-RDP) and
approximately 24.49 acres rezoned to OPD-Mixed Use (OPD-MU); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding clustering of buildings and parking areas away from streams, woodlands,
and other sensitive features, promotion of energy efficiency and conservation and creation of a
cohesive, urban streetscape according to the submitted master plan, that the requested zoning
and the various requested modifications to the zoning are consistent with the Comprehensive
Plan goals of environmental stewardship, expansion of job opportunities within the community,
and the intent of a sensitive areas development, conservation development, and mixed use
development, all three of which are accepted types of planned developments; and
WHEREAS, to ensure that storefronts along Moss Place are reserved primarily for
commercial uses that will complement and provide goods and services to support the office and
research development uses that are listed as the intended uses according to the Comprehensive
Plan, the Planning and Zoning Commission recommends certain restrictions on the types and
location of residential uses within the Mixed Use area; and
WHEREAS, Iowa Code §414.5 (2009) 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 acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for stewardship of sensitive environment features of the land; and
WHEREAS, the Owner agrees to develop 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. Moss Green Development Corporation is the legal title holder of the property legally
described on Exhibit A, attached and incorporated herein; and
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Sensitive Areas Development Plan and that the
conditions imposed upon the property are reasonable and designed to satisfy public
needs caused by the requested zoning change. Further, the parties acknowledge that
Iowa Code §414.5 (2009) 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.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, except as modified by ordinance through the planned development rezoning
process, as well as the following conditions:
a. The Applicant must receive approval of the final planned development site plans on
each lot from the Planning and Zoning Commission. Site plans will be reviewed for
general compliance with the master plan as submitted by the applicant to the City on
April 1, 2010, which shall be attached to and recorded with the preliminary planned
development plan and this conditional zoning agreement; and
b. Moss Place will be constructed and platted as a private street with a public and
emergency access easement extending over the entire length and width of the
roadway and sidewalk, which easement shall be granted by Owner to the City in
writing; and
c. Moss Place must be built to the City's minimum construction standards for public
streets and shall be inspected and approved by the City prior to being opened to the
public; and
d. Detached Single Family Dwellings, Two Family Dwellings, and two-unit Attached
Single Family Dwellings are prohibited in the OPD-MU zone; and
e. On land within the planned development zoned OPD-MU, residential uses are not
allowed within the first 30 feet of building depth as measured from the front building
wall facing Moss Place. Residential entrances, lobbies, stairwells, elevators and. other
building features that provide access and safety for the residents are not included in
this restriction. In addition, up to 25% of the length of the ground level frontage of a
building that faces Moss Place may include live-work units that include both
commercial and residential functions. Live-work units that do not include any
residential functions on the ground level floor do not count toward this limit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2009), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment shall 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. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
2
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 Owner's expense.
Dated this day of , 2010.
CITY OF IOWA CITY
Matt Hayek, Mayor BY~ ~ 5~f y~~.v/~ ~ v~S • ~c 5 ~f tr+
Attest:
Marian K. Karr, City Clerk BY~
Ap{~roved b~ _ ~~~~
City Attorney's Office ~ /~,~~J
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 Matthew J. Hayek
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
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
is` instru nt was acknowledg
as _
~L~e elopment Corporation.
__-~
VOLDENfARS PELDE
~~ COlfit$861011 Number 706502
M~tCommission F~cpires
ow f0 ~~5 ~ ~p /`
me on this ~ day of~, 2010 by
~,~ ~ ,-, of ,Moss Green
and State
3
EXHIBIT A
PARCEL 1
COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West of
the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 1980.00 feet to the
POINT OF BEGINNING; THENCE South 82°24'15" West, a distance of 1,731.77 feet;
THENCE North 88°11'05" West, a distance of 925.94 feet; THENCE North 00°54'55"
° ~ ~~
West, a distance of 826.21 feet; THENCE North 62 47 54 East, a distance of 422.83 feet,
to the centerline of Moss Place, to a point on a curve; THENCE along the centerline of
Moss Place, along a curve to the right having a radius of 600.00 feet, a delta of 22°09'35",
an arc length of 232.06 feet, and a chord which bears North 16°07'19" West having a
chord distance of 230.61 feet to a point of tangency; THENCE along the centerline of
Moss Place, North 05°02'31" West, a distance of 450.41 feet; THENCE North 84°57'29"
East, a distance of 279.49 feet; THENCE South 59°45'54" East, a distance of 302.28 feet;
THENCE South 65°24'52" East, a distance of 341.75 feet; THENCE South 12°12'33" East,
a distance of 200.43 feet; THENCE South 66°23'38" East, a distance of 486.33 feet;
THENCE South 72°38'46" East, a distance of 211.24 feet; THENCE South 52°41'52" East,
a distance of 115.01 feet, to the centerline of Moss Place, to a point on a curve; THENCE
along the centerline of Moss Place, along a curve to the right having a radius of 600.00
° ~ ~~
feet, a delta of 14 4619 , an arc length of 154.69 feet, and a chord which bears South
44°41'18" West having a chord distance of 154.26 feet; THENCE South 37°55'33" East, a
distance of 958.63 feet, to the POINT OF BEGINNING, containing 60.32 acres, more or
less.
PARCEL 2
COMMENCING at the West'/ Corner of Section 36, Township 80 North, Range 6 West
of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°37'11" East, a
distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94 feet to the
POINT OF BEGINNING; THENCE South 00°46'46" East, a distance of 1453.60 feet;
THENCE North 37°55'33" West, a distance of 958.63 feet, to the centerline of Moss
Place, to a point on a curve; THENCE along the centerline of Moss Place, along a curve
to the left having a radius of 600.00 feet, a delta of 14°46'19", an arc length of 154.69
feet, and a chord which bears North 44°41'18" East having a chord distance of 154.26
feet to a point on a line; THENCE North 52°41'52" West, a distance of 115.01 feet;
THENCE North 72°38'46" West, a distance of 211.24 feet; THENCE North 66°23'38"
West, a distance of 486.33 feet; THENCE North 12°12'33" West, a distance of 200.43
feet; THENCE North 65°24'52" West, a distance of 341.75 feef; THENCE North 59°45'54"
West, a distance of 302.28 feet; THENCE South 84°57'29" West a distance of 279.49
feet, to the centerline of Moss Place; THENCE along the centerline of Moss Place, South
05°02'31" East, a distance of 450.41 feet to a point of curve; THENCE along the
centerline of Moss Place, along a curve to the left having a radius of 600.00 feet, a delta
of 22°09'35", an arc length of 232.06 feet, and a chord which bears South 16°07'19" East
having a chord distance of 230.61 feet to a point on a line; THENCE South 62°47'54"
West, a distance of 422.83 feet; THENCE North 00°54'55" West, a distance of 838.39
feet; THENCE North 00°54'55" West, a distance of 359.05 feet; THENCE North 89°41'57"
West, a distance of 124.46 feet; THENCE North 00°47'26" West, a distance of 842.36
feet, to the centerline of Oakdale Boulevard; THENCE along the centerline of Oakdale
Boulevard, South 57°50'23" East, a distance of 579.85 feet; THENCE along the
centerline of Oakdale Boulevard, along a curve to the left having a radius of 1,000.00
feet, a delta of 31 °28'37", an arc length of 549.38 feet, and a chord which bears South
73°35'07" East having a chord distance of 542.50 feet to a point of tangency; THENCE
along the centerline of Oakdale Boulevard, South 89°19'26" East, a distance of 494.87
feet to a point of curve; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 08°38'45", an arc length of
150.90 feet, and a chord which bears North 86°21'12" East having a chord distance of
150.75 feet to a point on a line; THENCE South 00°40'34" West, a distance of 119.01
feet; THENCE South 63°43'48" West, a distance of 216.02 feet; THENCE South
46°57'56" West, a distance of 219.04 feet; THENCE South 00°40'56" West, a distance of
122.03 feet; THENCE South 72°50'57" East, a distance of 218.30 feet; THENCE South
51°53'02" West, a distance of 144.00 feet; THENCE South 54°00'28" East, a distance of
149.77 feet; THENCE South 76°54'00" East, a distance of 396.41 feet; THENCE South
62°33'35" East, a distance of 179.97 feet; THENCE North 70 47 47 East, a distance of
97.77 feet, to the centerline of Moss Place, to a point on a curve; THENCE along the
centerline of Moss Place, along a curve to the right having a radius of 600.00 feet, a delta
of 10°35'07", an arc length of 110.85 feet, and a chord which bears South 13°54'40" East
having a chord distance of 110.69 feet to a point on a line; THENCE North 81°22'53"
East, a distance of 342.85 feet, to the POINT OF BEGINNING, containing 56.48 acres,
more or less.
PARCEL 3
THENCE South 00°37'11" East, a distance of 468.89 feet to a point on the centerline of
Oakdale Boulevard which is the POINT OF BEGINNING; THENCE South 00°37'11"
East, a distance of 851.11 feet; THENCE South 00°46'46" East, a distance of 526.94
feet; THENCE South 81°22'53" West, a distance of 342.85 feet, to the centerline of
Moss Place, a point on a curve; THENCE along a curve to the left having a radius of
600.00 feet, a delta of 10°35'07", an arc length of 110.85 feet, and a chord which bears
North 13°54'40" West having a .chord distance of 110.69 feet to a point on a line;
THENCE South 70°47'47" West, a distance of 97.77 feet; THENCE North 62°33'35"
West, a distance of 179.97 feet; THENCE North 76°54'00" West, a distance of 396.41
feet; THENCE North 54°00'28" West, a distance of 149.77 feet; THENCE North
51°53'02" East, a distance of 144.00 feet; THENCE North 72°50'57" West, a distance of
21.8.30 feet; THENCE North 00°40'56" East, a distance of 122.03 feet; THENCE North
46°57'56" East, a distance of 219.04 feet; THENCE North 63°43'48" East, a distance of
216.02 feet; THENCE North 00°40'34" East, a distance of 119.01 feet, to the centerline
of Oakdale Boulevard; THENCE along the centerline of Oakdale Boulevard, along a
curve to the left having a radius of 1,000.00 feet, a delta of 34°24'41 ", an arc length of
600.59 feet, and a chord which bears North 64°49'29" East having a chord distance of
591.61 feet to a point of tangency; THENCE along the centerline of Oakdale Boulevard,
North 47°37'08" East, a distance of 23.25 feet to a point of curve; THENCE along the
centerline of Oakdale Boulevard, along a curve to the right having a radius of 1,000.00
feet, a delta of 20°04'49", an arc length of 350.47 feet, and a chord which bears North
57°39'33" East having a chord distance of 348.68 feet to the POINT OF BEGINNING,
containing 24.49 acres, more or less.
Page 1 of 1
Marian Karr
From: Voldemars Pelds [wally@pelds.com]
Sent: Friday, October 08, 2010 3:37 PM
To: Marian Karr
Cc: Wendy Ford; skymo06@hotmail.com
Subject: Colapse offn 2nd and 3rd readings for rezoning of Moss Development Corporation Property
Marian,
I am writing on behalf of Moss Green Development Corporation requesting the
collapsing of readings two and three for the rezoning of REZ10-00004. The
landowner is requesting these readings be collapsed as there were no objections
at the last meeting and it is important for us to show progress to our potential
tenants that this council is willing to work quickly when necessary and excited
about our development. We appreciate the consideration of this request.
Sincerely,
Voldemars Pelds, PE & LSI
President, CEO
PHONE: 515-265-8196
FAX: 515-266-2259
10/8/2010
6e
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
(REZ10-00007)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 175 ACRES OF LAND LOCATED ON
420TH STREET WEST OF TAFT AVENUE FROM GENERAL INDUSTRIAL (11) AND
INTERIM DEVELOPMENT -INDUSTRIAL (ID-I) TO PLANNED DEVELOPMENT OVERLAY -
GENERAL INDUSTRIAL (OPD-11 ). (REZ10-00007)
WHEREAS, the City of Iowa City owns and is requesting a rezoning of approximately 175
acres of property from General Industrial and Interim Development -General Industrial to Planned
Development Overlay (OPD-11 ); and
WHEREAS, said property is located on 420th Street west of Taft Avenue; and
WHEREAS, the Southeast District Plan identifies the area as appropriate for industrial
development; and
WHEREAS, low quality, farmed wetlands have been identified on the property, which have
been deemed by jurisdictional by the U.S. Army Corps of Engineers and are subject to federal
wetland regulations and the standards set forth in the Iowa City Sensitive Areas Ordinance, Article
14-51 of the City Code; and
WHEREAS, future development of the property for uses allowed in the I-1 Zone may cause
disturbance to said wetlands; and
WHEREAS, new wetlands will be established according to the submitted Sensitive Areas
Development Plan and the wetland mitigation plan approved by the City and the U.S. Army Corp
of Engineers to compensate for any loss of wetlands due to future development of the property;
and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
the associated Sensitive Areas Development Plan and has heard public input, and has
recommended approval.
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 General
Industrial (I-1) and Interim .Development -Industrial (ID-I) to Planned Development Overlay -
General Industrial (OPD- 11) as illustrated on the associated Sensitive Areas Development Plan, is
hereby approved:
All that part of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of
the Fifth Principal Meridian, lying North of the right-of-way line of the Iowa Interstate Railway
Co., running diagonally Southeast to Northwest through said Quarter Section, Johnson
County, Iowa, more particularly described as follows:
Commencing at the East Quarter Corner of said Section 19; thence N89°32'07"E, 33.01 feet
to the point of beginning; thence S01°07'26"E, 1970.79 feet; thence N63°10'39"W, 2854.60
feet; thence N01°02'01"W, 702.90 feet; thence S89°32'07"E, 2521.58 feet to the point of
beginning. The above described Tract contains 78.9 Acres (3,436,112 Sq. Ft.)
And
Ordinance No.
Page 2
A Tract of Land located in the Southwest Quarter of Section 19, Township 79, Range 5
West of the Fifth Principal Meridian more particularly described as follows:
Beginning at the South Quarter Corner of said Section 19; thence S88°07'32"E, 80.1 feet;
thence N01°02'01"W, 1765.33 feet; thence S63°10'39"E, 1832.77 feet; thence S01°37'14"W,
988.94 feet; thence N88°07'32"W, 157.26 feet; thence S01 °20'26"E, 1316.99 feet; thence
N88°13'03"W, 1497.86 feet; thence N01°24'11"W, 1286.43 feet to the point of beginning.
The above described Tract contains 96.0 Acres (4,183,155 Sq. Ft.) For the purpose of this
description all bearings and distances are referenced to NAD83 (96 Harn) IA SPCS South
Zone, US Survey Foot (Johnson County Control).
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 IV. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby
authorized and directed to certify a copy of this ordinance and the Sensitive Areas Development
Plan 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 provi-
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
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 , 2010.
MAYOR
ATTEST:
CITY CLERK
Approved by:
City Attorney's Office ~ ~~~ ~ I ~
ppd ad m/ord/RE Z05-00020. doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 10 / 11 /2010
Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ10-00007/SUB10-0004
GENERAL INFORMATION:
Prepared by: Karen Howard
Date: August 5, 2010
Applicant: City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Contact: Dan Scott
Phone: 319.356.5144
Email: daniel-scott@iowa-city.org
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
Scott Sovers, Foth-IE
421 1 Glass Road NE, Suite B
Cedar Rapids, IA 52402
Phone: 319.365.9565
Email: ssovers@foth.com
Rezoning- Sensitive Areas Development(OPD-11)
& Preliminary Plat
Development of the Iowa City Industrial Campus
420`h Street, west of Taft Avenue
173 acres
General Industrial (I-1 ), Interim Development-
Industrial (ID-I)
North: Plant-Related Agriculture- County R
South: Plant-Related Agriculture- County R
East: Plant-Related Agriculture and Industrial
Uses- County R and County Heavy
Industrial (MH)
West: Commercial, Industrial, and Plant-Related
Agriculture -County Highway
Commercial (CH), General Industrial- (I-
1), County R
Southeast District- Industrial Development
March 22, 2010
City-owned property -not applicable
2
SPECIAL INFORMATION:
Public Utilities: City water and sanitary sewer will be extended to
serve the proposed Industrial Campus.
Public Services: The City will provide Police and fire protection and
refuse/recycling collection services. The property is
not currently served by public transit.
BACKGROUND INFORMATION:
In 2008, the City of Iowa City purchased approximately 173 acres of land east of Scott-Six
Industrial Park along 420`" Street SE with the intention of making it available for industrial
development. The property was annexed and zoned ID-I in December 2008. In early 2009,
the City rezoned a 100 acre portion located south of the Iowa Interstate Railroad to General
Industrial (I-1 ). Approximately 78 acres located north of the railroad remain zoned Interim
Development- Industrial (ID-I).
The City submitted an application for Preliminary Plat and Planned Development Rezoning for
the subject property. A planned development rezoning is required because the City is
proposing to enhance existing wetlands and construct new wetlands in compensation for
allowing future industrial development to encroach into areas where jurisdictional wetlands
are currently located.
In anticipation of development in the area, the City is proceeding with plans to reconstruct
420`h Street and extend water and sewer service to the area. Water service will be extended
when the City improves 420`h Street to city standards and sewer service will be available by
extending a branch from the Scott Boulevard Trunk Sewer to this area. Construction of
these infrastructure improvements will begin later this year.
The City hired a consultant to design an industrial subdivision for this land in order to
maximize access to the rail line and arterial street network. The consultant has provided a
preliminary plat for the subject property that addresses the area's sensitive features, future
road construction, and rail access.
ANALYSIS:
Current Zoning:
The purpose of the ID-I zone north of the railroad is to provide for areas of managed growth
in which agricultural and other non-urban uses of land may continue until such time as the
infrastructure is in place so the land can be developed for industrial uses. The purpose of I-1
zone south of the railroad is to provide the opportunity for development of most types of
industrial firms.
Proposed Zoning:
Due to the presence of jurisdictional wetlands, hydric soils, and a blue line stream, a
sensitive areas development plan is required before platting and development of the property
can proceed. Because the preliminary plat proposes the disturbance of a wetland and an
associated buffer, a Level II Sensitive Areas Review is required. The Level II Sensitive Areas
review necessitates a Planned Development Overlay Rezoning, which will establish a plan for
the preservation, enhancement and mitigation of sensitive features on the property.
3
Comp/lance with the Comprehensive Plan:
The current I-1 zone is in compliance with the Comprehensive Plan and is compatible with
surrounding land uses. The property is contiguous with existing industrial land and
located next to a rail line and major truck routes to Interstate 80 and Highway 6 making it
ideally suited for industrial development. The proposed industrial park is also supported by
the Comprehensive Plan's economic well-being goals and strategies that encourage
diversification of the industrial tax base. The proposed Planned Development Overlay
Zone is applicable to any land use that proposes the disturbance of a wetland. The OPD
rezoning will allow the subject property to be developed for industrial uses while providing
for preservation, enhancement, and/or mitigation of the sensitive environmental features
on the property, as anticipated by the Comprehensive Plan's environmental protection
goals and strategies.
The area north of the railroad tracks is currently zoned ID-I. The proposed subdivision
design shows a new road (Compass Drive) being extended north from 420`h Street across
the railroad tracks to provide access to the portion of the property currently zoned Interim
Development. Access to water and sewer service is also anticipated. It is appropriate at
this time to change the underlying zone from Interim Development-I-1 to General Industrial
(I-1 ), since the basic infrastructure necessary for development will be provided.
Environmentally Sensitive Areas:
The 173-acre property contains a number of regulated sensitive features: 7.32 acres of
jurisdictional wetlands, a drainageway shown as a blue line on the USGS Quadrangle Maps,
and hydric soils have been delineated by a wetland specialist. These features are illustrated
on the sensitive areas development plan. A detailed delineation of these features has been
approved by the U.S. Army Corps of Engineers (hereinafter referred to as the Corps). It has
been determined by a wetland specialist and confirmed by the Corps that the blue line
stream shown on the USGS Quadrangle Maps does not have a bed and bank defined by the
high water mark and so is not regulated as a stream by the City or the Corps. The applicant
is proposing to enhance the existing wetlands and construct additional wetlands on what is
proposed as Outlot B on the preliminary plat in compensation for allowing disturbance of the
jurisdictional wetlands located on the other lots in the proposed subdivision.
According to the City's Sensitive Areas Ordinance, compensatory mitigation may be
permitted if the applicant demonstrates that avoiding and minimizing the impact on a
wetland is unreasonable. The City's consultant hired Earthview Environmental to conduct
the wetland delineation. As noted in the delineation report, the land is currently in
agricultural use under acorn/soybean crop rotation. The report states that the "wetlands
are intensively farmed and historically altered from decades of tillage. They are of poor
quality for wildlife habitat and native plant communities. No federal or state listed
threatened or endangered species or habitat was noted on site, and none are known to
exist within or directly adjacent to the project area." In a letter dated August 19, 2009,
the Corps approved the delineation report submitted by Earthview Environmental and
concurred with the determination of jurisdictional wetlands as illustrated on the Sensitive
Areas Development Plan. Because the jurisdictional wetlands extend in narrow fingers
across much of this flat property, it would be difficult to develop the property without
disturbing the wetlands. The City has hired Liz Maas from Transition Ecology to design a
wetland mitigation plan. The City proposes to enhance 1 .44 acres of wetland on Outlot B
4
and create an additional 6.77 acres of higher quality wetland to replace 5.88 acres of low
quality farmed wetlands that will be disturbed by the future development of the property.
The City's sensitive areas ordinance requires a 1 :1 replacement ratio for low quality
wetlands. The proposed sensitive areas development and the association wetland
mitigation plan exceeds this replacement ratio and therefore complies with the ordinance.
The detailed mitigation plan will need to be reviewed and approved by the Corps prior to
approval of a final plat. The City will be responsible for constructing, monitoring, and
maintaining the wetlands on Outlot B. A draft wetland mitigation plan has been submitted
to the City, but needs some revision to match some changes made to the design of the
plat. Staff recommends deferral until these changes are made to the mitigation plan,
which we anticipate will be completed prior to your next scheduled meeting on August
19.
Traffic /mp/ications:
The subject property is currently accessible from 420`h Street, which is an arterial street
being improved to handle additional industrial traffic. Industrial traffic will flow from this
arterial street to Highway 6 and Scott Boulevard, which are arterial streets that are
designed to handle this type of traffic and provide easy access to regional and interstate
routes.
Access and street design:
The preliminary plat submitted by the applicant anticipates the improvement of 420`"
Street and shows the construction of two new roads that will provide access to Outlot A
and Lots 1 through 7. The proposed local industrial street labeled Compass Drive is
located off-site on property owned by E & L Prybil. Through an easement agreement, the
Prybil's have agreed to dedicate the land to the City for a street contemporaneously with
the platting of this land according to the provisions of said agreement. A second local
industrial street, Bulrush Street, will be extended from 420`" Street along the east
boundary of the City's property to the south property line. This street will provide access
to lots 5 & 7. Both Compass Drive and Bulrush Street will be extended to the southern
boundary of the subject property in order to ensure connectivity with future roadways.
Since Outlot A is being reserved for future development, Compass Drive will be
constructed to a point just north of the rail line. The easement on the Prybil's property will
remain until such time as the City needs to extend Compass Drive to allow development
of Outlot A and/or other properties that are annexed into the City in the future.
The preliminary plat proposes a railroad spur extending south between lots 2 and 3. The
timing of the construction of this spur has not yet been determined. A 60-foot easement
will extend across 420`h Street and between lots 4, 5, 6, and 7. This will allow future
extension of the spur if needed.
Storm water management:
Storm sewers will be constructed within the ROW of the proposed streets and drainage
easements are shown on the preliminary plat to allow for future stormwater basins to be
built at the time of development. At the time of development each lot will be required to
provide appropriately-sized stormwater basins to handle run-off. The enhanced and created
wetlands in Outlot B will also provide natural stormwater filtering and drainage functions for
the area.
5
STAFF RECOMMENDATION:
Staff recommends approval of REZ10-00007/SUB10-0004, an application submitted by the
City of Iowa City for a preliminary plat and rezoning from Interim Development General
Industrial (ID-11) and General Industrial (11) to Planned Development Overlay -General
Industrial (OPD-11) zone for the Iowa City Industrial Campus, an 9-lot, 173-acre industrial
subdivision located on 420`" Street, west of Taft Avenue, subject to receipt of a wetland
mitigation plan that corresponds with the submitted preliminary plat.
DEFICIENCIES:
Wetland mitigation plan that corresponds to the submitted preliminary plat.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Development and Preliminary Plat
ved b ~/ ~~ ~
Appro y:
Jeff Davidson, Director
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: August 19, 2010
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ10-00007/SU610-00004 Iowa City Industrial Campus
This item was deferred pending submission of a wetlands mitigation plan. We anticipate
that a revised mitigation plan will be submitted prior the Commission meeting.
The Commission requested information about the amount of industrial zoned land in Iowa
City. The attached map illustrates the location of approximately 700 acres of land zone
General Industrial (11 ). This includes the 173 acres within the proposed industrial park.
Much of the industrial land is developed. There are few vacant lots within the BDI and Scott
Sixth industrial parks. There are large tracks of undeveloped industrial land on the east side
of Old Highway 218. Much of that area is within the floodplain and does not have sanitary
sewer service.
City of Iowa City
MEMORANDUM
Date: August 27, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: REZ10-00007/SU610-00004 Iowa City Industrial Campus
This item was deferred pending submission of a wetlands mitigation plan that coincided the
submitted plat. The City's sensitive areas ordinance requires low quality wetlands to be
mitigated at a ratio of 1:1. Table 3 of the mitigation plan indicates that within Outlot B, the
mitigation site designated on the proposed preliminary plat, will consist of a total of 10.27
acres of newly constructed mitigation (including emergent, wetland, and upland buffer) and
1.44 acres of existing wetland that will be enhanced for a total of 11.71 acres of mitigation.
Attached is a basic schematic of how the wetland mitigation site will be constructed.
As stated in the staff report dated August 5, 2010, this mitigation plan will need to be
approved and permits issued by the U.S. Army Corps of Engineers prior to approval of the
final plat. The City will be responsible for construction, monitoring and long term
maintenance of Outlot B, the wetland mitigation site, and these terms will be set forth in the
legal papers recorded at the time of final plat.
Since the mitigation plan matches the proposed preliminary plat and sensitive areas
development plan and exceeds the 1:1 wetland mitigation ratio required by the sensitive
areas ordinance, staff now recommends approval as follows:
STAFF RECOMMENDATION:
Staff recommends approval of REZ10-00007/SUB10-0004, an application submitted by the
City of Iowa City for a preliminary plat and rezoning from Interim Development -Industrial (ID-
I)and General Industrial (11) to Planned Development Overlay -General Industrial (OPD-11)
zone for the Iowa City Industrial Campus, an 9-lot, 173-acre industrial subdivision located on
420`h Street, west of Taft Avenue.
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IOWA CITY INDUSTRIAL CAMPUS
IOWA CITY, JOHNSON COUNTY, IOWA
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52z4~0; 31x9.,356-5;~1
(REZ10-00007) --~`~` '~'' -'_
RDINANCE NO.
AN ORDINANCE REZONING PPROXIMATELY 175 ACRES OF LAND LO~%ATED ON
420TH STREET WEST OF T FT AVENUE FROM GENERAL INDUSTRIAL (11) AND
INTERIM DEVELOPMENT - INDU TRIAL (ID-I) TO PL NNED DEVELOPMENT OVERLAY -
GENERAL INDUSTRIAL (OPD-11 ). EZ10-00007)
WHEREAS, the City of Iowa City o ns and is req
acres of property from General Industrial d Interim De
Development Overlay (OPD-11); and
WHEREAS, said property is located on 4 cr, `
WHEREAS, the Southeast District Plan 'dE
development; and
WHEREAS, low quality, farmed wetlands ha
been deemed by jurisdictional by the U.S. Army
wetland regulations and the standards set forth in
14-51 of the City Code; and
WHEREAS, future development of the pro e
disturbance to said wetlands; and
WHEREAS, new wetlands will be esta ishe
ing a rezoning of approximately 175
pment -General Industrial to Planned
west of Taft Avenue; and
s the area as appropriate for industrial
been identified on the property, which have
1~rps of Engineers and are subject to federal
y~owa City Sensitive Areas Ordinance, Article
for
Development Plan and the wetland mitigati plan approved
of Engineers to compensate for any loss o wetlands due to
and
allowed in the I-1 Zone may cause
to the submitted Sensitive Areas
~ the City and the U.S. Army Corp
Iture development of the property;
WHEREAS, the Planning and Zonin Commission has revie~
the associated Sensitive Areas Dev opment Plan and has
recommended approval.
NOW THEREFORE BE IT ORD INED BY THE CITY COU
the proposed rezoning and
xrd public input, and has
OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. APPROVAL. The p operty described below is hereby classified from General
Industrial (I-1) and Interim Develo ment -Industrial (ID-I) to Planned evelopment Overlay -
General Industrial (OPD- 11) as illu rated on the associated Sensitive Area Development Plan, is
hereby approved:
All that part of the Southe t Quarter of Section 19, Township 79 North;, Range 5 West of
the Fifth Principal Meridia ,lying North of the right-of-way line of the Iowa terstate Railway
Co., running diagonally outheast to Northwest through said Quarter ~ection, Johnson
County, Iowa, more particularly described as follows: ~,
Commencing at the East Quarter Corner of said Section 19; thence N89°32'07"E, 33.01 feet
to the point of beginning; thence S01°07'26"E, 1970.79 feet; thence N63°10'39"W, 2854.60
feet; thence N01°02'01"W, 702.90 feet; thence S89°32'07"E, 2521.58 feet to the point of
beginning. The above described Tract contains 78.9 Acres (3,436,112 Sq. Ft.)
And
Ordinance No.
Page 2
A Tract of Land located in the Southwest Quarter of Section 19, Township 79, Range 5
West of the Fifth Principal Meridian more particularly described as follows:
Beginning at the South Quarter Corner of said Section 19; thence S88°07'32"E, 80.1 feet;
thence N01 °02'01 "W, 1765.33 feet; thence S63°10'39"E, 1832.77 feet; thence S01 °37'14"W,
988.94 feet; thence N88°07'32"W, 157.26 feet; thence S01°20'26"E, 1316.99 feet; thence
N88°13'03"W, 1497.86 feet; thence N01°24'11"W, 286.43 feet to the point of beginning.
The above describe Tract contains 96.0 Acres (4, 83,155 Sq. Ft.) For the purpose of this
description all bearin sand distances are referenc d to NAD83 (96 Harn) IA SPCS South
Zone, US Survey Foot Johnson County Control).
SECTION II. ZONING M P. The Building Insp ctor is hereby authorized and directed to
change the zoning map of the 'ty of Iowa City, Iowa to conform to this amendment upon the final
passage, approval and publicatio of this ordinance y law.
SECTION IV. CERTIFICATIO AND REC
Ordinance and the associated Se sitive Ares
authorized and directed to certify a c y of this
Plan and to record the same, at the o 'ce of tf•
the owner's expense, all as provided by w
SECTION V. REPEALER. All ordinan
sions of this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any
adjudged to be invalid or unconstitutiona ,
Ordinance as a whole or any section, pr vi
tutional.
DING. Upon passage and approval of the
Development Plan, the City Clerk is hereby
rdinance and the Sensitive Areas Development
County Recorder of Johnson County, Iowa, at
and parts of ordinances in conflict with the provi-
e ion, provision or part of the Ordinance shall be
suc adjudication shall not affect the validity of the
pion o part thereof not adjudged invalid or unconsti-
SECTION VII. EFFECTIVE DAT~This Ordin
approval and publication, as provided y law.
Passed and approved this _~ day of
shall be in effect after its final passage,
2010.
MAYOR ^'
c~~l c=;
ATTEST: - `''
CITY CLERK ~ ~ ~ _~ `:
_ , -,,~
-- ~`.~ ;;
Approved by: -
City Attorney's Office
ppdad mlord/REZ05-00020.doc
M-~.
Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5041
ORDINANCE NO. 10-4407
ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS,"
CHAPTER 2, ENTITLED "TAXICABS" TO CLARIFY AIRPORT SHUTTLES CAN OPERATE
WITHOUT A TAXIMETER
WHEREAS, City Code section 5-2 establishes regulations for taxicabs and drivers; and
WHEREAS, City Council wishes to clarify airport shuttles operate between the Eastern Iowa Airport
and the Quad City airports only; and
WHEREAS, it is in the best interest of the City to adopt regulations exempting airport shuttles from
the taximeter requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1,
entitled "Definitions," is hereby amended by deleting the definition of Airport Shuttle and
replacing it as follows:
AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a
route that either starts at or ends at the Eastern Iowa Airport or the Quad Cities Airport, and operates
without a taximeter.
2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4,
entitled "Vehicle Inspection Required" is hereby amended by adding the following sentence to
the end of Section 4, Subsection A, Paragraph 1b:
Taximeters are not required in airport shuttles.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 upon publication.
Passed and approved this llthday of October , 2010.
MAYOR ^ ~~-
ATTEST: 2c..J ~ ~ •` ~~'1it~
CITY ERK
Appr b City ne 's Offi~,,,. ~ ~.. , (p
Ordinance No. 10-4407
Page -Z
It was moved by Bailey and seconded by Champion that the Ordinance
as read be adopted, and upon roll call there -were:
AYES: NAYS: ABSENT:
x Bailey
~_ Champion
x Dickens
x Hayek
x Mims
x Wilburn
~_ Wright
First Consideration
Vote for passage: AYES : Dickens , Hayek,
NAYS: None. ABSENT: None.
Second Consideration ----------------------
Vote for passage:
Date published 10/20/2010
Koved by Bailey, 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: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None.
ABSENT: None.
Mims, Wilburn, Wright, Bailey, Champion.
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5,
PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO ADD A
NEW SUBPARAGRAPH 6, AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5,
PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL
AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A
NEW SUBPARAGRAPH 5, TO ALLOW THE CHIEF OF POLICE TO APPROVE SPLIT-
PREMISES SPECIAL EVENTS IN LIQUOR LICENSE ESTABLISHMENTS,
PERMITTING ENTRY BY THOSE UNDER LEGAL AGE INTO AN ALCOHOL-FREE
PORTION OF THE ESTABLISHMENT, WHILE STILL ALLOWING THE SERVICE AND
POSSESSION OF ALCOHOL TO THOSE OF LEGAL AGE IN A SEPARATE
ALCOHOL-PERMITTED PORTION OF THE ESTABLISHMENT.
WHEREAS, current City Code does not allow liquor licensees without exception certificates to split
their premises into alcohol-free and alcohol-permitted spaces for entertainment events; and
WHEREAS, the City wishes to accommodate liquor license establishments wishing to put on bona
fide entertainment events by allowing under age patrons to enjoy the entertainment without being
exposed to alcohol; and
WHEREAS, the City believes that under tightly controlled settings, responsible establishments may
safely be able to host entertainment events without contributing to underage drinking; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF.THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, is hereby amended by adding a new subparagraph 6 as follows:
6. The person under the legal age is on the alcohol-free portion of the premises during a time
that the licensee or permittee has, in accordance with a written notice and plan given in advance
to and approved by the chief of police or designee, divided the premises into alcohol-free and
alcohol-permitted sections. Said plan must provide a method by which alcoholic beverages will
be out of sight and reach of underage patrons. If the plan is approved, the chief of police or
designee shall issue a certificate approving the event, which certificate shall be posted at every
entrance to the licensed establishment in view of patrons of the licensed or permitted
establishment. It shall be the strict duty of a licensee or permittee permitting such persons under
the legal age onto the licensed premises pursuant to such a plan, and the agents and employees
of the licensee or permittee, to prevent persons under the legal age from consuming or
possessing alcoholic beverages on said premises. In addition, the following requirements must
be met:
a. The physical set-up and separation of the alcohol-free and alcohol-permitted
portions of the establishment must earn prior approval by the Director of Housing
and Inspection Services, or designee, for matters of safety and code-compliance,
including, but not limited to, occupancy, bathrooms and exits.
b. Both the alcohol-free and alcohol-permitted portions of the establishment shall
include City Code-compliant bathrooms.
c. The Director of Housing and Inspection Services may, but is not required to,
allow those establishments with a PAULA ratio of .50 or less during the twelve
(12) months prior to the event application, to permit patrons of both the alcohol-
free and alcohol-permitted spaces to share the same bathrooms, as long as the
establishment strictly enforces a rule prohibiting alcoholic beverages in the
bathrooms. For purposes of this section, the PAULA ratio shall be based on the
twelve (12) PAULA reports immediately preceding the Licensee's event
application, all as calculated by the chief of police, or designee.
d. The alcohol-free and alcohol-permitted portions of the establishment must be
separated by one-hour construction walls and doors, as approved by the Director
of Housing and Inspection Services, or designee, or comparable barriers, as
approved by the chief of police, or designee.
e. It shall be the strict duty of the licensee to exclude those under legal age from the
alcohol-permitted area, and to exclude all alcoholic beverages from the alcohol-
free area.
f. All patrons of legal age must be marked with a wristband indicating they are of
age. All patrons under legal age must be marked indicating they are under legal
age.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION C, is hereby amended by adding a new subparagraph 5 as follows:
5. The person under the legal age is in the alcohol-free portion of an establishment hosting a split
premises event approved by the chief of police pursuant to subsection B(6) above.
SECTION II. REPEALER.
1. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
2. This ordinance shall be automatically repealed if Ordinance no. 10-4388 is
repealed by referendum vote on November 2, 2010.
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 effective upon publication.
Passed and approved this day of , 2010.
MAYOR
ATTEST:
CITY CLERK
Approv by
~D l r ~~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 10/11/2010
Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
1 U-11-10
10
Marian Karr
From:
Sent:
To:
Subject:
Russell T. Brown [russell.t.brown@gmail.com]
Wednesday, September 29, 2010 8:15 PM
Council
Split-Venue Questions and Comments
Dear Council Members:
I have a few questions regarding the split-venue exception to the 21 ordinance:
1) while I understand that the circumstances are slightly different, how do you justify
using the PAULA ratio as part of the criteria when a state judge so thoroughly dismantled
it, going beyond its use to merely deny liquor licenses and clearly stating that its
entire implementation was flawed?'
2) Are you planning to add definitions to make your determination of the PAULA ratio more
consistent across different venues to avoid a similar outcome with this ordinance?
3) Could you explain to me how DJs, some of whom frequently sell out entire arenas playing
their "pre-recorded" music (that they mix on-the-fly with great skill into brand new
music), are not deemed worthy to be included in this exception?
I've never really been for or against the 21 ordinance (other than hoping it might bring
some diversity to Iowa City's cookie-cutter sports bar scene), but I'll be voting "Yes" to
overturn it simply because I feel that the Council has lost perspective on the issue. I
know solutions don't come overnight. But, in the case of alcohol ordinances, the Council's
philosophy seems to be leap before you look.
You scramble to come up with these piecemeal ordinances to give the appearance that you're
tackling the problem even though your measures have no hope of doing much at all:
No more than two drinks to a customer? Ridiculous to the point that the police don't even
enforce it - but I sure am glad we spent all that time haggling over what constitutes a
"drink". You just made it harder for me to order a round of drinks for my friends but I'm
happy to go back to the bar five times to overcome this negligible hurdle to "binge"
drinking.
No drinking games in bars? Believe it or not, it is possible to play a drinking game AND
be responsible. And for those who don't want to be responsible? They play water pong and
drink their beer on the side, skirting your ordinance and making it not only unnecessary,
but ineffective.
No two-for-one drinks? You're right, people were slamming two drinks when they really only
wanted one but didn't want to miss out on the special, how silly of us! Thank goodness now
we just have half-price drinks instead (except at La Casa where they just got rid of the
special altogether, ruining a perfectly good dinner tradition that included 2-for-1
margaritas).
Signage and umbrella requirements? Seriously?
I enjoy going downtown, playing pool, and having a beer or two in the process. But because
some people drink too much, the City Council is gonna make sure that my beers aren't cheap
- those drink specials have got to go! Well, I certainly appreciate that hit to my wallet
in the name of...I'm not sure what. The draft of the ordinance attempting to limit drink
specials and pricing was...well...let's just say that the recycle bin was more than it
deserved. Throwing it away was probably the most rational thing I can recall this Council
doing.
These rules do absolutely nothing to promote responsible drinking. (or to curb
irresponsible drinking). Frankly, they just irritate those of us who are behaving
responsibly and don't understand why the City Council feels it necessary to police our
behavior.
At the time, the justification for these ordinances was supposedly because we were not
passing a 21 ordinance. Yet when passing the 21 ordinance did you consider getting rid of
all of the useless "instead-of-21" ordinances? Of course not. They all remain in place.
1
If they had been repealed, I'd be more inclined to vote "No" because I'd believe that you
were actually trying to do something real and realizing that your old tactics weren't
working. Instead you've kept the bad and are debating piling on the worse (split-venues
complete with the return of PAULA ratios).
It frustrates me that the Council does not actually hold true discussions with the public.
I can come to a meeting, say my bit, and leave. But I can't ask questions and get honest
answers on the record.
Believe it or not, as elected officials you *do* have to justify yourselves to your
constituents. I think at one point or another I have voted for all of you, behavior I'm
unlikely to repeat if the Council continues down its current path.
Though I'm sure it's not obvious from this letter, I appreciate your time and service to
our community. I look forward to any response you're willing to provide.
Sincerely,
Russell Brown
925 Deforest Ave
Iowa City IA 52240
2
i~
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 6, AND TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER ,~"PROHIBITIONS AND R TRICTIONS, SECTION 8,
PERSONS UNDER THE LEGAL E IN LICENSED OR PERMI ED ESTABLISHMENTS,
SUBSECTION C, TO ADD A NEW UBPARAGRAPH 5, TO ALLOW T E CHIEF OF POLICE TO
APPROVE SPLIT-PREMISES SP CIAL EVENTS IN LIQUOR LIC SE ESTABLISHMENTS,
PERMITTING ENTRY BY THOSE DER LEGAL AGE INTO AN ALCOH L-FREE PORTION OF THE
ESTABLISHMENT, WHILE STILL LLOWING THE SERVICE AND POS ESSION OF ALCOHOL TO
THOSE OF LEGAL AGE IN SEPARATE ALCOHOL-PERM ED PORTION OF THE
ESTABLISHMENT.
WHEREAS, current City Code do not allow liquor licensees w' hout exception certificates to split
their premises into alcohol-free and alco ol-permitted spaces for ent rtainment events; and
WHEREAS, the City wishes to acco modate liquor license tablishments wishing to put on bona
fide entertainment events by allowing der age patrons to njoy the entertainment without being
exposed to alcohol; and
WHEREAS, the City believes that and r tightly control) settings, responsible establishments may
safely be able to host entertainment events ithout contrib ing to underage drinking; and
WHEREAS, it is in the best interest of th City to ado this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, APTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGA A E IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, is hereby amended by a ing a ew subparagraph 6 as follows:
6. The person under the legal age ' on the Icohol-free portion of the premises during a time
that the licensee or permittee has, ~ accordan a with a written notice and plan given in advance
to and approved by the chief of olice or desi nee, divided the premises into alcohol-free and
alcohol-permitted sections. Sai plan must pro ide a method by which alcoholic beverages will
be out of sight and reach of nderage patrons. If the plan is approved, the chief of police or
designee shall issue a certif' ate approving the vent, which certificate shall be posted at every
entrance to the licensed establishment in vi of patrons of the licensed or permitted
establishment. It shall be he strict duty of a licens a or permittee permitting such persons under
the legal age onto the li ensed premises pursuant such a plan, and the agents and employees
of the licensee or p rmittee, to prevent person under the legal age from consuming or
possessing alcoholi beverages on said premises. n addition, the following requirements must
be met:
a
c.
d.
T e physical set-up and separation f the alcohol-free and alcohol-permitted
ortions of the establishment must ear prior approval by the Director of Housing
and Inspection Services, or designee, f matters of safety and code-compliance,
including, but not limited to, occupancy, throoms and exits.
Both the alcohol-free and alcohol-permi d portions of the establishment shall
include City Code-compliant bathrooms.
The Director of Housing and Inspection S rvices may, but is not required to,
allow those establishments with a PAULA ra 'o of .50 or less during the twelve
(12) months prior to the event application, to p rmit patrons of both the alcohol-
free and alcohol-permitted spaces to share the same bathrooms, as long as the
establishment strictly enforces a rule prohibiting alcoholic beverages in the
bathrooms. For purposes of this section, the PAULA ratio shall be based on the
twelve (12) PAULA reports immediately preceding the Licensee's event
application, alt as calculated by the chief of police, or designee.
The alcohol-free and alcohol-permitted portions of the establishment must be
separated by one-hour construction walls and doors, as approved by the Director
of Housing and Inspection Services, or designee, or comparable barriers, as
approved by the chief of police, or designee.
e. It shall be the strict duty of the licensee to exclude those under legal age from the
alcohol-permitted area, and to exclude all alcoholic beverages from the alcohol-
free area.
f. All patron of legal age must be marked with a ristband indicating they are of
age. All atrons under legal age must be marke indicating they are under legal
age.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PRQHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UND R THE LEGAL AGE IN LICENSED'OR PERMITTED ESTABLISHMENTS,
SUBSECTION C, is hereby a nded by adding a new subparagraph 5 as follows:
5. The person under the I gal age is in the alcohol-free portion of an establishment hosting a split
premises event approved b the chief of police pursuant to subsection B(6) above.
SECTION II. REPEALER. AI ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby rep
SECTION III. SEVERABILITY. I
invalid or unconstitutional, such adj~
section, provision or part thereof not
SECTION IV. EFFECTIVE DATE
Passed and approved this
any section, provision or part of the Ordinance shall be adjudged to be
ication shall not affect the validity of the Ordinance as a whole or any
~ judged invalid or unconstitutional.
is Ordinance shall be effective upon publication.
da of ~' _ , 2010.
MAYOR
ATTEST:
CITY CLERK
Approv y
_~_ ~ v
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll c I there were:
AYES: NAYS: ABSENT:
Bailey
ChamK
Dicken
Hayel~~
Mim
Wy#buri
First Consideration 9 / 21 /
Vote for passage: AYES:
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
~`~ .
that the Ordinance
pion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
~~f"i ;~
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1,
DEFINITIONS, SECTION 1, DEFINITIONS, TO ADD DEFINITIONS FOR THE TERMS
"PERFORMER", "PROFESSIONAL LIGHT AND SOUND", AND "SHOW", TITLE 4,
ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SUBSECTION B, TO ADD A NEW SUBPARAGRAPH 7, AND
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR
PERMITTED ESTABLISHMENTS, SUBSECTION C, TO ADD A NEW
SUBPARAGRAPH 6, TO ALLOW THE CHIEF OF POLICE TO CONSIDER
APPLICATIONS FOR ENTERTAINMENT VENUE STATUS AND ISSUE
ENTERTAINMENT VENUE EXCEPTION CERTIFICATES.
WHEREAS, current City Code prohibits anyone under legal age from being present in an
establishment with a liquor license authorizing on the premises consumption, unless one of the
exceptions to Iowa City Code 4-5-8(C) applies; and
WHEREAS, at present, venues offering live entertainment, and not possessing an exception
certificate as authorized under Iowa Code 4-5-8(B), must prohibit those under legal age from entering or
remaining after 10:00 p.m., unless one of the exceptions of Iowa City Code 4-5-8(C) applies; and
WHEREAS, the City wishes to foster the live entertainment and live music scene in Iowa City, if it can
do so without facilitating underage drinking; and
WHEREAS, the City has met with established live music venues to gather their input on how best to
facilitate live entertainment without encouraging sham entertainment as a mere vehicle to allow underage
drinkers, including facilitating new establishments who wish to host legitimate live entertainment acts; and
WHEREAS, the City believes that under tightly controlled settings, responsible establishments may
safely be able to host live entertainment events without contributing to underage drinking; and
WHEREAS, the City intends to allow said benefit only so long as the entertainment venues can
control illegal drinking behavior within their licensed premises; and
WHEREAS, an Entertainment Venue Exception Certificate is to be considered a privilege, and not a
right; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS, is
hereby amended by adding new definitions for the terms "Show", "Professional Light and Sound", and
"Performer", as follows:
PERFORMER: Live person(s) performing for the entertainment of an audience by doing at least
one of the following:
A. Playing musical instrument(s)
B. Singing
C. Performing comedy
D. Reading works of poetry or prose
For purposes of this Title, those playing pre-recorded music or content, such as
disk-jockeys (DJs), are not considered Performers, and the playing of said
material is not to be considered a Show.
PROFESSIONAL
LIGHT AND SOUND: That lighting and sound equipment needed to meet all requirements of the
Professional Light and Sound Specification Sheet, as approved by City Council
by Resolution.
SHOW: A showing of entertainment at least ninety (90) minutes in duration of actua-
performance time by a live Performer(s), in which at least 50% of any fees
charged to gain entry to or remain on the premises, including but not limited to
cover charges and ticket sales, are paid to the Performer(s). The Performer(s)
must be capable of being heard throughout the licensed premises through the
audio components of the Professional Light and Sound system, and must be the
focus of activity at the licensed premises throughout the time the Performer(s) is
performing.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, is hereby amended by adding a new subparagraph 7 as follows:
7. The licensee or permittee applies for, qualifies for, and is granted an Entertainment Venue
Exception Certificate:
a. Requirements: In order for an Entertainment Venue Exception Certificate to be issued by
the chief of police, or designee, the establishment must demonstrate, to the satisfaction
of the Chief of Police, or designee, that all the following requirements have been met:
i. The venue has hosted and will continue to host Shows on at least 150 calendar days
each year; and
ii. The venue has a permanently installed (not risers) and dedicated performance stage
of at least eight feet (8') by six feet (6') in dimension, which shall never be used for
any purpose other than by Performers during Shows; and
iii. The venue must distribute at least 50% of any fees charged to gain entry to or remain
on the premises, including but not limited to cover charges and ticket sales, from the
period of opening until closing, to the Show Performer(s) within 48 hours of the
completion of the Show; and
iv. The venue subscribes to at least one (1) industry tracking service, such as Pollstar
Pro, or comparable alternative; and
v. The venue has a PAULA ratio, as determined solely by the Chief of Police or
designee, of no greater than that allowed by City Council, as established by
Resolution; and
vi. The venue has permanently installed Professional Light and Sound; and
vii. The venue marks all patrons of legal drinking age with a wristband, and marks all
patrons under legal drinking age with either a wristband of a different color from the
legal age patrons, or permanent marker on the hand; and
viii. The venue provides staff of sufficient number and capability to monitor all patrons at
all Shows; and
ix. The venue provides to the Chief of Police, or designee, a report of all upcoming
Show dates at least seven (7) days prior to any Show; and
x. The venue provides to the Chief of Police, or designee, reports detailing all dates on
which a Show took place, including the name of the Performer(s) for each Show,
which reports shall be due no later than the ninetieth (90th), one hundred eightieth
(180`h), two hundred seventieth (270th), and three hundred sixtieth (360th) day
following issuance of the Entertainment Venue Exception Certificate; and
xi. The venue employs at least one salaried employee responsible for booking Shows by
Performers, and promptly provides both the employee name and most recent salary
paystub upon request from the City; and
xii. The venue employs only TIPS-certified bartenders and servers on any Show date;
and
xiii. The venue allows City inspection, at any time and for any reason, of the venue,
Professional Sound and Lighting equipment, and Show and Performer financial
records, including, but not limited to, Show settlement sheets.
b. Duration: Entertainment Venue Exception Certificates shall be valid for one (1) year, or
until expiration of the premises liquor license, whichever is sooner.
c. New Businesses: New businesses may be granted an Entertainment Venue Exception
Certificate by satisfying all requirements of 4-5-8(B)(7)(a), save (i.) and (v.). For
establishments previously operating under the same or substantially similar ownership
and/or management, the PAULA ratio restrictions of (v.) apply, and will be utilized in
assessing the establishment's application. For establishments not previously meeting the
minimum Show day requirements of (i.), a credible business plan must be accompanied
by a notarized affidavit by the establishment owner (or largest shareholder) attesting that
the establishment will meet all requirements of 4-5-8(B)(7)(a).
d. Revocation: Entertainment Venue Exception Certificates may be revoked by the Chief of
Police, or designee, for good cause. Venues may appeal, in writing, to the City Manager
within ten (10) days of the mailing, by first-class mail, of the revocation decision, with said
appeals to be heard de novo by the City Manager, or designee. Appeals will ordinarily be
heard no later than fourteen (14) days after the appeal, and in no event later than thirty
(30) days following appeal. In the event of a revocation, the Venue may continue to
operate as an Entertainment Venue until the ten (10) day appeal period has passed, or in
the event of an appeal to the City Manager, or designee, until the City Manager, or
designee, has issued his or her ruling on appeal. In the event the City Manager affirms
the revocation, the Venue's Entertainment Venue Exception privileges will cease seven
(7) days from the mailing, by first-class mail, of the appeal decision. Good cause for
revocation includes, but is not limited to, the following:
i. Where a preponderance of the evidence shows that the license, permittee, or any
employees or agents thereof, sold, gave, or delivered alcohol to any patron under the
legal drinking age more than once within any five (5) year period; or
ii. Where at the end of any month the venue's trailing twelve (12) month PAULA ratio,
as determined solely by the Chief of Police, rises above the maximum allowed
PAULA ratio set by City Council, as established by Resolution; or
iii. Where the venue has failed to cooperate fully with the Police Department; or
iv. Where the venue has failed to maintain compliance with all requirements of 4-5-
8(B)(7)(a); or
v. Where continued operation under the Entertainment Venue Exception Certificate
would be detrimental to the safety, health, and welfare of the residents of the City.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS,
SUBSECTION C, is hereby amended by adding a new subparagraph 6 as follows:
6. The person is at least nineteen (19) years of age and is in an establishment with a current and
valid Entertainment Venue Exception Certificate, as long as all of the following is true:
a. The person is not in the establishment between midnight and closing; and
b. The Entertainment Venue hosted or is hosting at that time a Show, lasting past 10:00 p.m. on
the evening on which the person is found there; and
c. The person bears the venue's official marking as being under legal age.
SECTION II. REPEALER.
1. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
2. This ordinance shall be automatically repealed if Ordinance no. 10-4388 is
repealed by referendum vote on November 2, 2010.
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 effective upon publication.
Passed and approved this day of
2010.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration l0 / 11 / o ~ 0
Vote forpaSSage:AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
r
~~~,~~~ CITY OF IOWA CITY 11
RAND ~
~~~o
Date: October 6, 2010
To: Iowa City Council
From: Eric Goers, Assistant City Attorney _._.
Re: Entertainment Venue Ordinance
Following our discussion at the September 20th Work Session, I have drafted a proposed
ordinance creating an Entertainment Venue exception to the Under 21 ordinance. It is
consistent with your direction at the Work Session, with a couple of additions. I added that a
portion of the Show must go past 10:00 p.m., to avoid bars putting on a 90 minute act at 1:00
p.m. simply to allow underage patrons in the evening hours. You indicated that a 2"d sale to a
minor should result in revocation, but I failed to ask in what period of time. So I considered the
State rules for suspensions and revocations of the entire liquor license, inferred you would want
to be more stringent for this privilege than for the complete loss of a liquor license, and used a
period of 5 years.
I also decided to have you approve the technical specifications for the Professional
Sound and Lighting by resolution, so we can more easily adjust them as we work into this new
ordinance. Similarly, you will approve the PAULA ratio requirements and minimum bar checks
by resolution, so that we can adjust to the dramatically falling PAULA ratios as the trailing 12
month period shifts from predominately pre-21 months to post-21 months. As you have
directed, the initial PAULA ratio requirements will be a ratio of no greater than .50 over at least
10 bar checks. The Resolution will be on your October 26 agenda for adoption after the
intended collapsed and final reading of the ordinance.
The law will require quarterly reports, and the exceptions will be renewed on the same
schedule as the liquor licenses. If any venue sees their 12-month trailing PAULA ratio go over
.50 (or whatever figure you approve) at the end of any given month, they will be revoked. We
hope this provision will keep close tabs on the venues, and prevent establishments from
investing in sham entertainment for only a month's worth of benefit. We have put the burden on
the establishments to show they meet these standards, and have allowed for verification on the
part of the City. Businesses that are converting to Entertainment Venues will have their PAULA
ratios considered, while entirely new businesses will be given the benefit of the doubt, but will
have to be diligent to stay under the maximum ratio.
I am under no illusion that the ordinance will completely prevent bars from finding
loopholes and circumventing the Under 21 ordinance to some degree, but hope this is a good
framework onto which we can build as needed.
Should you have questions or concerns, please do not hesitate to call me.
Cc: Eleanor Dilkes, City Attorney
Dale Helling, Interim City Manager
Marian Karr, City Clerk
Sam Hargadine, Chief of Police
Denise Brotherton, Planning/Research Sgt.
/~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE N0.
ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND
SAFETY," CHAPTER 10, ENTITLED "SMOKE FREE PLACES," TO
CHANGE THE VIOLATION FROM A MUNICIPAL INFRACTION TO A
SIMPLE MISDEMEANOR.
WHEREAS, the Smokefree Air Act ("the Act") allows the City to declare additional areas within its
custody or control, which are otherwise exempt under the Act, to be nonsmoking places;
WHEREAS, the City has declared specific areas to be smoke free such as City Plaza, a/k/a the ped
mall, to be smoke free;
WHEREAS, the violation for smoking in a designated nonsmoking place currently is a municipal
infraction;
WHEREAS, it is in the City's best interest to change the violation to a simple misdemeanor for
purposes of administrative efficiency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free Places," Section 2,
entitled "Violation: Penalty" is amended by deleting it in its entirety and substituting the following new
Section 2 in lieu thereof:
Violation of this chapter shall be a simple misdemeanor punishable by a fine of fifty dollars ($50.00).
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision 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 , 2010.
MAYOR
ATTEST:
CITY CLERK
oved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 10/11/2010
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
12
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE A NDING TITLE 6, ENTITLED "PUBLIC HE TH AND
SAFETY," CHAP R 10, ENTITLED "SMOKE FREE PLAC S," TO
CHANGE THE VIO TION FROM A MUNICIPAL INFRA ION TO A
SIMPLE MISDEMEA R.
WHEREAS, the Smokefree Ai ct ("the Act") allows the
custody or control, which are otherwi exempt under the Act, 1
WHEREAS, the City has declared pecific areas to be sdi
mall, to be smoke free;
WHEREAS, the violation for smokin in
infraction;
WHEREAS, it is in the City's best int r
purposes of administrative efficiency.
NOW, THEREFORE, BE IT ORDAINED E
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health and Sa
entitled "Violation: Penalty" is amended by c
Section 2 in lieu thereof:
Violation of this chapter shall be a si ple
SECTION II. REPEALER. All ordi ance
Ordinance are hereby repealed.
to declare additional areas within its
nonsmoking places;
free such as City Plaza, a/k/a the ped
a design~d nonsmoking place currently is a municipal
to ange the violation to a simple misdemeanor for
E CITY COUNCIL OF THE CITY OF CITY, IOWA:
" Chapter 10, entitled "Smoke Free Places," Section 2,
Ong it in its entirety and substituting the following new
of ordinances in conflict with the provision of this
misd
s and
m or part of the Ordinance shall be adjudged to be
pct the validity of the Ordinance as a whole or any
nconstitutional.
all be in effect after its final passage, approval and
SECTION III. SEVERABILITY. any section, prove
invalid or unconstitutional, such a udication shall not a
section, provision or part thereof of adjudged invalid or
SECTION IV. EFFECTIVE ATE. This Ordinance
publication, as provided by la
Passed and approved t is day of
MAYOR
ATTEST:
CITY CLE
2010.
Ap r ved
~d- ~~~ ~
City Attorney's Office
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINAN~ NO.
ORDINANCE AMENDI TITLE 4, ALCOH LIC BEVERAGES, CHAPTER 1,
DEFINITIONS, SECTIO 1, DEFINITIONS, TO A D DEFINITIONS FOR THE TERMS
"PERFORMER", "PRO SSIONAL LIGHT AND OUND", AND "SHOW", TITLE 4,
ALCOHOLIC BEVERA ES, CHAPTER 5, PR HIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL GE IN LICENSED OR PERMITTED
ESTABLISHMENTS, SU SECTION B, TO AD ANEW SUBPARAGRAPH 7, AND
TITLE 4, ALCOHOLI BEVERAGES, C APTER 5, PROHIBITIONS AND
RESTRICTIONS, SECTI N 8, PERSONS UND R THE LEGAL AGE IN LICENSED OR
PERMITTED ESTABLI HMENTS, SUBS CTION C, TO ADD A NEW
SUBPARAGRAPH 6, T ALLOW THE CHIEF OF POLICE TO CONSIDER
APPLICATIONS FOR ENTERTAINME VENUE STATUS AND ISSUE
ENTERTAINMENT VENUE XCEPTION C TIFICATES.
WHEREAS, current City Code prohibi anyone nder legal age from being present in an
establishment with a liquor license authori ~ng on t premises consumption, unless one of the
exceptions to Iowa City Code 4-5-8(C) applies; nd
WHEREAS, at present, venues offering I ve tertainment, and not possessing an exception
certificate as authorized under Iowa Code 4-5-8( ), ust prohibit those under legal age from entering or
remaining after 10:00 p.m., unless one of the exce t' ns of Iowa City Code 4-5-8(C) applies; and
WHEREAS, the City wishes to foster the live a rtainment and live music scene in Iowa City, if it can
do so without facilitating underage drinking; and
WHEREAS, the City has met with establish d liv music venues to gather their input on how best to
facilitate live entertainment without encouragin sham ntertainment as a mere vehicle to allow underage
drinkers, including facilitating new establishm is who ish to host legitimate live entertainment acts; and
WHEREAS, the City believes that and tightly con oiled settings, responsible establishments may
safely be able to host live entertainment ev nts without co tributing to underage drinking; and
WHEREAS, the City intends to alto said benefit o y so long as the entertainment venues can
control illegal drinking behavior within th r licensed premise ;and
WHEREAS, an Entertainment Ven~ie Exception Certific a is to be considered a privilege, and not a
right; and //
WHEREAS, it is in the best inter t of the City to adopt this amendment.
NOW, THEREFORE, BE IT O DAINED BY THE CITY C UNCIL OF THE CITY OF IOWA CITY,
IOWA:
r
1
SECTION I. AMENDMENT~Si-
TITLE 4, ALCOHOLIC BE I RAGES, CHAPTER 1, DEFINITI NS, SECTION 1, DEFINITIONS, is
hereby amended by adding new definitions for the terms "Show", ` rofessional Light and Sound", and
"Performer", as follows:
PERFORMER: Live person(s) performing for the entertainmen of an audience by doing at least
one of the following:
A. Playing musical instrument(s)
B. Singing
C. Performing comedy
D. Reading works of poetry or prose
For purposes of this Title, those playing pre-recorded music or content, such as
disk jockeys (DJs), are not considered- .Performers, and the playing of said
material is not to be onsidered a Show.
PROFESSIONAL
LIGHT AND SOUND: That lighting an sound equipment needed t meet all requirements of the
Professional Lig t and Sound Specification She t, as approved by City Council
by Resolution.
SHOW: A showing of en ertainment at least ninety (9) minutes in duration of actual
performance time by a live Performer(s), in hich at least 50% of any fees
charged to gain a try to or remain on the pre ises, including but not limited to
cover charges and icket sales, are paid tot Performer(s). The Performer(s)
must be capable o being heard throughout he licensed premises through the
audio components o the Professional Light nd Sound system, and must be the
focus of activity at th licensed premises th oughout the time the Performer(s) is
performing.
TITLE 4, ALCOHOLIC BEVERAGES, C APTER 5, ROHIBITIONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER THE LEGAL A IN LICENS D OR PERMITTED ESTABLISHMENTS,
SUBSECTION B, is hereby amended by adding a ew subpar graph 7 as follows:
7. The licensee or permittee applies for, qua ifies for~and is granted an Entertainment Venue
Exception Certificate: ;'
a. Requirements: In order for an Entertain ent~Venue Exception Certificate to be issued by
the chief of police, or designee, the est li~hment must demonstrate, to the satisfaction
of the Chief of Police, or designee, that al the following requirements have been met:
The venue has hosted and will contiM to host Shows on at least 150 calendar days
iii.
iv.
v.
vi.
vii.
viii.
ix.
each year; and
The venue has a permanently installed no
of at least eight feet (8') by six;feet (6') 'n
any purpose other than by Pertbrmers du i
The venue must distribute at least 50% of
on the premises, including put not limited t
period of opening until closing, to the S
completion of the Show; and
The venue subscribes Co at least one (1) i
Pro, or comparable alternative; and
t risers) and dedicated performance stage
dimension, which shall never be used for
ng Shows; and
ny fees charged to gain entry to or remain
cover charges and ticket sales, from the
h w Performer(s) within 48 hours of the
stry tracking service, such as Pollstar
The venue has a PAULA ratio, as determin d solely by the Chief of Police or
designee, of no g,feater than that allowed City Council, as established by
Resolution; and
The venue has pgrmanentljr installed Professional fight and Sound; and
The venue marks all patrons of legal drinking age with a wristband, and marks all
patrons under I~gal drinking age with either a wrist nd of a different color from the
legal age patrons, or permanent marker on the hand; nd
The venue pr vides staff of sufficient number and cap bility to monitor all patrons at
all Shows; an~
The venue prbwd~s to the Chief of Police, or designe a report of all upcoming
Show dates at least seven (7) days prior to any Show; an
x. The venue provides to the Chief of Police, or designee, re rts detailing all dates on
which a Show took place, including the name of the Perf mer(s) for each Show,
which reports shall be due no later than the ninetieth (90~''), one hundred eightieth
(180th), two hundred seventieth (270th), and three hundred sixtieth (360th) day
following issuance of the Entertainment Venue Exception Certificate; and
xi. The venue employs at least one salaried employee onsible for booking Shows by
Performers, and promptly provides,,both the employee me and most recent salary
paystub upon request from the Cxtjr; and
xii. The venue employs only TIP certified bartenders and se ers on any Show date;
and
xiii. The venue allows City inspe tion, at any time and for an reason, of the venue,
Professional Sound and Lig ting equipment, and Show and Performer financial
records, including, but not limi d to, Show settlement shee
b. Duration: Entertainment Venue E ception Certificates shall a valid for one (1) year, or
until expiration of the premises liqu license, whichever is s ner.
c. New Businesses: New businesses ay be granted an E ertainment Venue Exception
Certificate by satisfying all require ents of 4-5-8(B)(7 (a), save (i.) and (v.). For
establishments previously operating nder the same or substantially similar ownership
and/or management, the PAULA rati restrictions of .) apply, and will be utilized in
assessing the establishment's applicati n. For establi ments not previously meeting the
minimum Show day requirements of (i. a credible b siness plan must be accompanied
by a notarized affidavit by the establish ent owner or largest shareholder) attesting that
the establishment will meet all requireme is of 4-5- (B)(7)(a).
d. Revocation: Entertainment Venue Except n Ce ificates may be revoked by the Chief of
Police, or designee, for good cause. Venus y appeal, in writing, to the City Manager
within ten (10) days of the mailing, by first-c s mail, of the revocation decision, with said
appeals to be heard de novo by the City Ma ger, or designee. Appeals will ordinarily be
heard no later than fourteen (14) days after a appeal, and in no event later than thirty
(30) days following appeal. In the event of a revocation, the Venue may continue to
operate as an Entertainment Venue until e t (10) day appeal period has passed, or in
the event of an appeal to the City M ager, or designee, until the City Manager, or
designee, has issued his or her ruling n appe I. In the event the City Manager affirms
the revocation, the Venue's Entertain ent Ven Exception privileges will cease seven
(7) days from the mailing, by first-c ss mail, o the appeal decision. Good cause for
revocation includes, but is not limite to, the folio ng:
i. Where a preponderance of t e evidence sho s that the license, permittee, or any
employees or agents thereof sold, gave, or deli ered alcohol to any patron under the
legal drinking age more tha once within any fiv (5) year period; or
ii. Where at the end of any onth the venue's trail g twelve (12) month PAULA ratio,
as determined solely b the Chief of Police, ri es above the maximum allowed
PAULA ratio set by City ouncil, as established by esolution; or
iii. Where the venue has
iv. Where the venue h
8(B)(7)(a); or ~
1 to cooperate fully with tl~e Police Department; or
failed to maintain compliancy with all requirements of 4-5-
v. Where continued Aeration under the Entertainmen Venue Exception Certificate
would be detrime al to the safety, health, and welfare the residents of the City.
TITLE 4, ALCOHOLIC B ERAGES, CHAPTER 5, PROHIBI IONS AND RESTRICTIONS,
SECTION 8, PERSONS UNDER HE LEGAL AGE IN LICENSED OR P MITTED ESTABLISHMENTS,
SUBSECTION C, is hereby ame ded by adding a new subparagraph 6 as ollows:
6. The person is at least n eteen (19) years of age and is in an est blishment with a current and
valid Entertainment Venue E eption Certificate, as long as all of the foil wing is true:
a. The person is not in the establishment between midnight and closi g; and
b. The Entertainment Venue hosted or is hosting at that time a Show, lasting past 10:00 p.m. on
the evening on which the person is found there; and
c. The person bears the venue's official marking as being under legal age.
SECTION II. REPEALER. All ordinanc,~s and parts of ordin nces in conflict with the provision of
this Ordinance are hereby repealed. !%
SECTION III. SEVERABILITY. If an section, provision or part f the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudic tion shall not affect the va dity of the Ordinance as a whole or any
section, provision or part thereof not adj dged invalid or unconstitu onal.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
~~~/~
City Attorney's Office
upon publication.