Loading...
HomeMy WebLinkAbout2010-10-26 Ordinance6d Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, AND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUBLIC ZONE (P-1) (REZ10-00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of approximately 207 acres of property located east of Iowa River, south of McCollister Boulevard, and west of Sand Road from County Agricultural Residential (AR) to Neighborhood Public Zone (P-1 ); and WHEREAS, the Comprehensive Plan indicates that this property is appropriate for environmental preservation and public open space; and WHEREAS, the City has acquired the property for environmental preservation and public parkland; and WHEREAS, Section 14-2F-1B-1 of the Zoning Ordinance states that uses such as schools, parks, police and fire stations, and other civic buildings owned or otherwise controlled by the County, the City, or the Iowa City Community School District for such uses will be designated as P-1, Neighborhood Public Zones; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Property described below is hereby reclassified from its current zoning designation of County Agricultural Residential (AR) to Neighborhood Public Zone (P-1 ): LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90°00'00"W, ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER AND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND THE POINT OF BEGINNING; THENCE S24°04'57"E, ALONG SAID CENTERLINE, 124.61 FEET; THENCE S38°07'08"E, ALONG SAID CENTERLINE, 20.62 FEET; THENCE S24°04'57"E, ALONG SAID CENTERLINE, 1892.14 FEET; THENCE SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.14 FOOT CHORD BEARS S19°55'14"E TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S75°16'20"W, ALONG SAID NORTHEASTERLY EXTENDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84°47'43"W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84°01'24"W, ALONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE S78°40'52"W ALONG SAID SOUTHERLY LINE, 542.38 FEET; THENCE N82°22'41"W, ALONG SAID SOUTHERLY LINE, 556.75 FEET; THENCE N86°17'58"W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE N03°29'02"W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89°56'52"W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE Ordinance No. Page 2 of 2 EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90°00'00"E, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF 1693 FEET MORE OR LESS TO THE POINT OF BEGINNING, CONTAINING 207 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved bylaw. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of , 2010. MAYOR ATTEST: CITY CLERK Approved by ~ / -~CL~ yr .,'~ .cam 1 r~ r~JV~I ~~e¢~, City Attorney's Office ~~, /`y/! d 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 10/26/2010 VotefOrpasSage:AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: Wilburn. Second Consideration _ Vote for passage: Date published ~~ ~> ~ . -~ :~ W Prepared by: Tabatha Ries-Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA ~5224,0; 3~~9-356-525 ORDINANCE NO. `~ AN ORDINANCE REZONING APPROXIMATELY 207 ACRES OF LAND LOCATED EAST OF IOWA RIVER, SOUTH OF MCCOLLISTER BOULEVARD, qND WEST OF SAND ROAD FROM COUNTY AGRICULTURAL RESIDENTIAL (AR) TO NEIGHBORHOOD PUBLIC ZONE (P-1) (REZ10-00010) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning o approximately 207 acres of property located east of Iowa Rive south of McCollister Boulevard, and wes of Sand Road from County Agricultural Residential (AR) to Neigh orhood Public Zone (P-1 ); and WHEREAS, the Comprehensive Ian indicates that this property is ppropriate for environmental preservation and public open space; an WHEREAS, the City has acquired the roperty for environmental preserv tion and public parkland; and WHEREAS, Section 14-2F-1 B-1 of the oning Ordinance states that us s such as schools, parks, police and fire stations, and other civic buildings ow ed or otherwise controlled b the County, the City, or the Iowa City Community School District for such uses ' I be designated as P-1, N ghborhood Public Zones; and WHEREAS, the Planning and Zoning Com 'ssion has reviewed the roposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUN IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. ~~ 1. Property described below is hereby reclassi from it current zoning designation of County Agricultural Residential (AR) to Neighborhood Pu is Zon (P-1 ): COMMENCING AT THE NORTHEAST CORNER F SECTION 27, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCP L MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N90°00'00"W, ALONG THE NO TH LINE OF THE NORTHEAST ONE- QUARTER OF THE NORTHEAST ONE-QUART RAND ALONG THE NORTH LINE OF GOVERNMENT LOT 1 OF SAID SECTION 27, A DISTANCE OF 1474.73 FEET TO THE CENTERLINE OF SAND ROAD NE AND HE POINT OF BEGINNING; THENCE S24°04'57"E, ALONG SAID CENTERLIN 124.61 FEET; THENCE S38°07'08"E, ALONG SAID CENTERLINE, 20.62 F T; THENCE S24°04'57"E, ALONG SAID CENTERLINE, 1892.14 FEET; THENC SOUTHEASTERLY, 1046.04 FEET ALONG SAID CENTERLINE AND AN ARC OF A 7200.41 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 1045.4 FOOT CHORD BEARS S19°55'14"E TO A POINT ON THE NORTHEASTERL EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A AT OF SURVEY (RETRACEMENT) TO JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 52 AT PAGE 301 IN THE RECORDS OF THE JOHNSON COUNTY CORDER'S OFFICE; THENCE S75°16'20"W, ALONG SAID NORTHEASTERLY EX NDED LINE AND ALONG SAID SOUTHERLY LINE, 960.95 FEET; THENCE N84° 7'43"W, ALONG SAID SOUTHERLY LINE, 483.66 FEET; THENCE S84°01'24"W, A ONG SAID SOUTHERLY LINE, 235.12 FEET; THENCE S78°40'52"W ALONG SA SOUTHERLY LINE, 542.38 FEET; THENCE N82°22'41"W, ALONG SAID SOUTHE LY LINE, 556.75 FEET; THENCE N86°17'58"W, ALONG SAID SOUTHERLY LINE, 263.07 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND; THENCE N03°29'02"W, ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, 767.52 FEET TO THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2008003 AS RECORDED IN PLAT BOOK 53 AT PAGE 49 IN SAID RECORDER'S RECORDS; THENCE S89°56'52"W, ALONG THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2008003, A DISTANCE OF 474.3 FEET MORE OR LESS TO THE vrvirranvc Page 2 of 2 EASTERLY (LEFT) TOP OF BANK (MEAN HIGH WATER MARK) OF THE IOWA RIVER; THENCE NORTHWESTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1156 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2008003; THENCE NORTHEASTERLY, ALONG SAID TOP OF BANK, FOLLOWING AS CLOSELY AS PRACTICABLE THE SINUOSITIES OF THE BANK, 1732 FEET, MORE OR LESS TO ITS INTERSECTION WITH THE NORTH LINE OF GOVERNMENT LOT 1 IN SAID SECTION 27; THENCE S90°00'00"E, ALONG THE NORTH LINE OF SAID GOVERNMENT L,OT 1, A DISTANCE OF 1693 FEET MORE OR LES TO THE POINT OF BEGINNING, C NTAINING 207 ACRES MORE OR LESS AN IS SUBJECT TO EASEMENTS AND ~TRICTIONS OF RECORD. SECTION II. ZONING MAP. The uilding official is hereby authorized anQt"directed to change the zoning map of the City of Iowa City, Iowa, to co form to this amendment upon the nal passage, approval and publication of the ordinance as approved law. SECTION III. CERTIFICATION AND R ORDING. Upon pas City Clerk is hereby authorized and directed to rtify a copy of this Office of the County Recorder, Johnson County, I wa, at the City's approval and publication of this ordinance, as provi d by law. // SECTION IV. REPEALER. All ordinances and pa of ordina~h Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provisi\ invalid or unconstitutional, such adjudication shall not affect section, provision or part thereof not adjudged invalid or u SECTION VI. EFFECTIVE DATE. This Ordinance publication, as provided by law. Passed and approved this day of MAYOR Approved by f L - .... t .. _ . City Attorney's Office i ~'/ly~i c and approval of the Ordinance, the finance and record the same in the pense, upon the final passage, in conflict with the provisions of this art of the Ordinance shall be adjudged to be validity of the Ordinance as a whole or any II be iri`effect after its final passage, approval and ~~.-., I U-LO-"I U 6e CITY OF IOWA CITY MEMO TO: Iowa City City Council ~~ ~~ '~ FROM: Julie Tallman, Development Regulations Specialist ~~L~`"~-~-~ DATE: 20 October 2010 ~- RE: Floodplain Ordinance Amendments -IDNR Review Staff requested that you defer first consideration of these amendments pending final approval by IDNR. Their approval is attached. 1. An amendment to the definition of "development", to specify at what point development is considered to commence. 2. A definition for Recreational Vehicle, to be used in the event someone claims exemption from flood elevation standards for a mobile home, claiming that it is actually an RV. 3. An addition to 14-5J-7 Floodplain Development Permit, to include conditions under which RVs are exempt from elevation and anchoring standards. 4. An amendment to 14-5J-6 Floodplain Development Permit, paragraph A. Permit Required to include language that the applicant remains responsible for any federal, state, or other agency regulations. 5. An amendment to 14-8B Review and Approval Procedures, Section 5 Flood Plain Development Permit specifying that the applicant is responsible for getting 0.2% flood data from IDNR when the data isn't found in Johnson County's Flood Insurance Study. 6. Additions to language in 14-5J-7K regarding subdivisions in flood hazard areas, specifying that infrastructure associated with subdivisions (public utilities) meet applicable performance standards; and that subdivision proposals include 1 % and 0.2% chance flood elevation data for areas in flood hazard areas. Note: this is a federal requirement for all subdivisions of 5 acres or 50 lots, whichever is less. We have included it as a requirement for all subdivisions with land in a flood hazard area, regardless of subdivision area or number of lots. ,~, Julie, a ~~' ~~~ ~ ~~ «~,~--~ I have thoroughly reviewed the city's amendments to the floodplain management ordinance and find that it fully complies with current federal and state floodplain management regulations. Please let me know if you need any further assistance from the DNR in the adoption process of the proposed amendments. Sincerely, Jason Conn Flood plain Management Section Iowa Department of Natural Resources Wallace State Office Building 502 E. 9th St. Des Moines, IA 50319 (515) 281-4333 Prepared by: Julie Tallman, Development Regulations Specia-ist, 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 DEFINITIONS," 14-4B-2 VARIANCES AND 14- 8B-5: FLOODPLAIN DEVELOPMENT PERMIT. ' WHEREAS, the City currently regulates development it floodplain management standards detailed in Title 14, Chapter and WHEREAS flood events of 1993 and 2008 caused catastrc infrastructure in both the 100-year and 500-year floodplain; anc WHEREAS, such flo d events caused a substantial risk tc community; and ` WHEREAS, the City h s been awarded, to date, appr grants to repair, replace or pu hase flood-damaged public f c floodplain• and t e 100-year floodplain pursuant to the 5 Article J of the City Code of Ordinances; > hic damage to private property and public 'the public health, safety and welfare of the Kimately $15,000,000 in federal and state lities and private homes within the 500-year WHEREAS, the 2007 Joh on County, Iowa an Incorporated Areas Flood Insurance Study established reliable flood forecastin tools to use in predi ting the reach of both the 100-year and the 500- yearflood hazard levels; and WHEREAS, the terms "100 year fl d event" and " 00 year flood event" mislead the public regarding the actual, annual risk of investing in flood ha rd area and should therefore be redefined and considered together as a "flood hazard are " to refle the increased risk of flooding in these areas; and WHEREAS, in order to mitigate the risk of fut re flood events, the City finds it in the public interest to adopt floodplain regulations to regulate Bevel ent within the flood hazard area; to require that certain critical facilities, such as hospitals and jails, rem n accessible during such a flood event; and to allow for a variance from these standards in certain situat' n NOW, THEREFORE, BE IT ORDAINE BY tiE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: \\ SECTION I. The Code of Ordinances the City of ~va City, Iowa is hereby amended as follows: A. By repealing 14-4B-2A(4) and ubstituting in lie's thereof as follows: 4. The owner's situation is nique or peculiar 6p the property in question, and the situation is not shared with other Ian owners in the area nbr due to general conditions in the neighborhood, except w en a variance from a floodplain management standard is requested per 14-5J-9; and '~.. B. By repealing 14-5J in its ntirety and substituting in Lieu thereof the attached Article 14-5J; and C. By repealing 14-86-5 i its entirety and substituting in lieu thereof the attached Section 14-86-5; and D. By repealing 14-9F i its entirety and substituting in lieu thereof the attached Article 14-9F. SECTION III. REPEALER. All ordinances and parts of ordinances i0 conflict with the provisions of this Ordinance are hereby repeale . SECTION IV. SEVERA LITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, ch adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part t ereof not adjudged invalid or unconstitutional. ~. SECTION V. EFFE IVE 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: ~(ti ~~r' ~`? ~~~~' " " CITY CLERK City Attorney's Office ~ I, 'Z I a 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. Ta ensure that the spirit of this title is observed and substantial justice done, no vari nce to the strict application of any provision of this title shall be granted by the bo rd unless the applicant demonstr tes that all of the following approval crit is are met. The procedures for obtaining a variance are set forth in chapter 8, a icle C, "Board Of Adjustmen Approval Procedures", of this title. A. Approval Criteria: 1. The proposed variance will no threaten neighb~irhood integrity, nor have a substantially adverse effect on a use or value of other properties in the area adjacent to the property include 'n the variance; and 2. The proposed variance will be in h mony ith the general purpose and intent of this title and will not contravene the jecti es of the comprehensive plan, as amended; and 3. The property in question cannot yield a asonable return if required to comply with the requirements and standards s ec' ied in this title; and 4. The owner's situation is unique or p culiar t the property in question, and the situation is not shared with other I downers i the area nor due to general conditions in the neighborhood, cept when a ariance from a floodplain management standard is reque ed per 14-5J-9;~nd 5. The hardship is not of the lar~Efowner's or applicant"5 own making or that of a predecessor in title. B. Use Variance Prohibi ed: Under no circumstance mad! the board grant a variance that woul allow a land use, other than thos~,specifically allowed in the zoning district n which the subject property is located. C. Burden Of Pro f: The applicant bears the burden of proof a`tid must support each of the proval criteria by a preponderance of the evid~gnce. 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`f~e covered by the permit. 2. Description of the land on w ich the proposed work is be done (i.e., lot, block, tract, street address or similar escription) that will re ily identify and locate the work to be done. 3. Indication of the use or occupanc for which the py~oposed work is intended. 4. Elevation of the flood hazard event. /~/ 5. Elevation in relation to national geode 'c vert' al datum of the lowest floor, including basement, of buildings or of t le el to which a building is to be floodproofed. 6. For buildings being improved or rebuilt, estimated cost of improvements and market value of the building prior to th imp vements. 7. Such other information as the buildi g official eems reasonably necessary for the purpose of determining compli ce with the requirements of chapter 5, article J, "Floodplain Management Stan ards", of this ti e. C. Approval Procedure: The uilding official shall, hin a reasonable time, make a determination as tow ether the proposed flood lain development meets the applicable standar s of chapter 5, article J, "FI odplain Management Standards", of this ti ,and shall approve or disapp ove, in writing, the application. For dis pprovals, the applicant will be in rmed, in writing, of the specific reasons y the application was disapproved. The building official shall not issue rmits for variances, except as approv ,d by the board of adjustment a ording to the approval criteria for such variances set forth in chapter 5, a icle 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 i~ residents and to protect, preserve and improve the peace, safety, health, welfare, com rt and convenience of its r idents by minimizing flood losses. The provisions of this~rticle are designed to: A. Reserve sufficient floodpla area for the conveya ce of flood flows so that flood heights and velocities will n t be increased subst ntially. B. Restrict or prohibit uses that re dangerous to alth, safety or property in times of flood or that cause excessive i creases in floo heights or velocities. C. Require that uses vulnerable to oods, includ' g public utilities that serve such uses, be protected against flood mage. D. Assure that eligibility is maintained r pro erty owners to purchase flood insurance through the national flood insurance rog am. ~~i ~ ~ ~ • A. Application of Provisions The regulations within this article a ly to I lands identified in the "Johnson County, Iowa, and Incorporated Ar as Floo nsurance Rate Map", dated February 16, 2007. The "Johnson County, owa and In orporated Areas Flood Insurance Study", as amended, is hereby a opted by ref ence and is made a part of this article for the purpose of admi stering floodpla management regulations. B. Minimum Requirements The provisions of this Articl are considered minim m requirements and will be liberally construed in favor of the governing body a d will not be deemed a limitation or repeal of an other powers granted by ate statutes. C. Abrogation and Gre ter Restrictions ~~ It is not intended by is Article to repeal, abrogate or i~yipair any existing easements, covena or deed restrictions. However, where this Article imposes greater restriction ,the provisions of this Article shall preV~ail. Where more specific provisions herei conflict with other provisions of this Title~,,this Article 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, all of which adversely affect the peace, safety, health, welfare, comfort and convenience of its r idents. 2. These flo d losses, hazards, and related adverse effects are caused by the occupancy f flood hazard areas by uses vulnerable to flood damages. Such uses create azardous conditions as a result of ing inadequately elevated or otherwise pro cted from flooding and the cum lative effect of obstructions on the Floodpla causing increases in flood h ghts and velocities. 3. This Article relies pon engineering methodo ogy for analyzing flood hazards, which is consistent ith the standards esta lished by the Iowa Department of Natural Resources o its assignee. A. Except as provided in subsectio B, belo , no structure or land shall hereafter be used and no structure shall be to ted, larged, converted or structurally altered without full compliance with the to s f this Article. B. If a structure that is not in complian with the provisions of this Article lawfully existed prior to May 2, 1977 and h e fisted continuously without abandonment since that time, then improvemen ma be made to the structure, notwithstanding the provisions of this Article, pro ided su improvements do not constitute a substantial improvement as def ed in Arti e 14-9F, of this Title, Floodplain Management Definitions. Ho ever, structu s, uses, or development that are nonconforming with regard other provision of this Title must comply with the applicable regulations con fined in Article 14-4 ,Nonconforming Situations. A. Enforcement Offic' I Designated The Building Officia shall administer and enforce the rovisions of this Article. B. Duties and Res onsibilities ~'~ Duties and resp nsibilities of the Building Official include,~ut are not necessarily limited to the f (lowing: ~, 1. Record nd maintain a record of the elevation (in relatio~i to National Geodetic Vertic Datum) of the lowest floor of all new or substanti Ily improved buil ~ngs or the elevation to which new or substantially imoved structures hale 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. 14-5J-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 ~ie applicable review and approval procedures contained in Article 14- 86, Administra ve Approval Procedures. / B. Compliance Floodplain Develop ent Permits based on pproved plans and applications authorize only the u ,arrangement, and onstruction set forth in such approved plans and applications. Prior to use or oc upancy of any structure, the applicant will be required to sub 't certification by a professional engineer or land surveyor, registered in the State, t t the finished fill, building floor elevations, floodproofing or other flood protection m asures wer accomplished in compliance with the provisions of this Article. An use, arr Bement or construction not in compliance with the uses authorized will b dee ed a violation of this Article. All properties subject to the regulation~o this Article must comply with the following applicable performance standards. A. General Construction Requ~ emen All structures shall be: 1. adequately anchored t prevent flotati , structure; and 2. constructed with m erials and utility equi and collapse or lateral movement of the resistant to flood damage; 3. constructed by ethods and practices that mi imize flood damage. B. Class I Critical F cilities 1. Class I Criti I Facilities may not be located within a ood hazard area. 2. Class I Cri cal Facilities must be located with a means f vehicular access that will remai passable during occurrence of the 0.2% flo event. C. Residential,~uildings All ne or substantially improved residential structures mus have the lowest floor f the original structure and any lateral addition elevate a minimum of one oot 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 hazar elevation or, together with attendant utility and sanitary systems, be fl odproofed to such a level. 2. Wh floodproofing is utilized, a profession I engineer registered in the State shall ertify that the floodproofing method used are adequate to withstand the flo d depths, pressures, velocities, im act and uplift forces and other factors sociated with the flood hazard, nd that the structure below the flood haz d elevation is watertight with walls substantially impermeable to the passag of water. Such certificatio must also indicate the specific elevation, in elation to National Geod tic Vertical Datum, to which any structures are oodproofed. A record f this certification will be retained in the office of the Building Official. E. All New and Substan`~ially Im Fully enclosed areas elow the "lo est floor" that are subject to flooding shall be designed to autom tically equ ize hydrostatic flood forces on exterior walls by allowing forth entry a d exit of flood waters. Designs for meeting this requirement must ei er be certified by a registered professional engineer to meet or exceed the folio in minimum approval criteria: a. There must be a minim of 2 openings having a total net area of not less than one square i for every square foot of enclosed area subject to flooding. The ope ngs hall not be located on the same wall. b. The openings shall a locate on exterior walls such that the 1% flood elevation, or shallo flood ele tion, is above the bottom of the opening, and in all cases t bottom of a openings shall be no higher than one foot above grad . c. Openings shall ermit the automati entry and exit of floodwaters. 2. New and substanti Ily improved structures ust be designed or modified and adequately ancho ed to prevent flotation, co apse or lateral movement of the structure resulti from hydrodynamic and by rostatic loads, including the effects of buoy cy. 3. New and subs ntially improved structures must constructed with electrical, he ing, ventilation, plumbing and air-co ditioning equipment and other servic facilities elevated or floodproofed too foot above the flood hazard elev tion. F. Manufactured/Housing Manufactured~ousing, including those placed in existing man parks, planne developments, or subdivisions, must be: red housing 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 s stem during flooding. 2. New or eplacement water supply systems m st be designed to minimize or eliminate 'nfiltration of floodwaters into the stem. Water supply facilities must be p vided with a level of protection qual to or greater than one foot above the fl d hazard elevation. 3. Utilities, such gas or electrical system ,must be located and constructed to minimize or elim ate flood damage tot e system and the risk associated with such flood damag or impaired system . H. Storage of Flammable, Explosive or Iryjurious Materials Storage of materials and a uipment that ~e flammable, explosive or injurious to human, animal or plant life i prohibited finless elevated a minimum of one foot above the flood hazard eleva n. Other material and equipment must either be similarly elevated or: 1. not be subject to major floo dar~iage and be anchored to prevent movement due to flood waters or; 2. be readily removable from the rea within the time available after flood warning. I. Flood Control Structural Wor Flood control structural works, i luding ut not limited to levees and flood walls, must provide, at a minimum, pr tection fr m a 0.2% flood event with a minimum of 3 feet of design freeboard d must pro 'de for adequate interior drainage. In addition, flood control struct al works must a approved by the Iowa Department of Natural Resources or its signee. J. Inhibiting Floodways a d Drainage Facilit s No use shall affect the c acity or conveyance o the channel or floodway of any tributary to the main st am, drainage ditch or of r drainage facility or system. K. Subdivisions Subdivisions and Pla ned Developments, including m nufactured housing parks, must be designed t minimize flood damage and must ave adequate drainage provided to reduc exposure to flood damage, and mus meet the applicable performance sta ards established by the City Engineer. ny subdivision, planned development, or manufactured housing park intended for residential development must provide a lots with a means of vehicular access that will remain passable during occurr ce of the 1% flood event. '~ L. Residential Accessory Structures The exemp 'on of detached garages, sheds and similar structures from the flood elevation r quirements 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 structu is designed so as to have low floo • damage potential. 3. The structure constructed and placed on the uilding site so as to offer minimum resist nce to the flow of flood water . 4. The structure is i ly anchored to prevent fl tation, which may result in damage to other st uctures. 5. The service facilities r the structure, such as electrical and heating equipment, are elevat or floodproofed t at least one foot above the flood hazard elevation. 6. There shall be a minimum f 2 openings having a total net area of not less than one square inch for ev ry square f of of enclosed area subject to flooding. The openings shall of be to ated on the same wall. 7. The openings shall be located n exte for walls such that the 1% flood elevation, or shallow flood eleva 'on, s above the bottom of the opening, and in all cases the bottom of all open' s shall be no higher than one foot above grade. 8. Openings shall permit the automa c try and exit of floodwaters. In addition to the general floodplain sta dards listed a ove, uses within the floodway must meet the following applicable sta dards. A. No use is permitted in the flood ay that would incre se the 1% flood hazard elevation, unless approved by a Iowa Department o Natural Resources or its assignee. B. All uses within the floodway ust: 1. Be consistent with th need to minimize flood damag ;and 2. Use construction me hods and practices that will minim' a flood damage; and 3. Use construction m terials and utility equipment that are esistant to flood damage. C. No use is permitted th t would affect the capacity or conveyance of the channel or floodway or any tribu ary to the main stream, drainage ditch or an other drainage facility or system. D. Structures, building and sanitary and utility systems, if permitted, mGSt meet the applicable general loodplain management standards and must be constructed and aligned to present he 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 allowe if readily removable from the floodway within the time available after flood warns g. G. Watercourse Iterations or relocations, including chap el changes and modifications, ust be designed to maintain the floo -carrying capacity within the altered or reloca d portion. In addition, such alter ions or relocations must be approved by the I wa Department of Natural Reso rces or its assignee. H. Any fill or stream ba erosion control projects a owed in the floodway must have some beneficial purpo a and will be limited to th`e minimum amount necessary. I. Pipelines that cross rive or streams must be I~uried in the streambed and banks or otherwise sufficiently p tected to prevent rupture due to channel degradation and meandering or due to ion of flood flovus. Where floodway data has been provided in the flood insuran study, such data shall be used to define the floodway limits. 7. Where no floodway data has bee provide,~i, the Iowa Department of Natural Resources or its assignee shall be onta d to provide a floodway delineation. Where floodway data is not availab , it hall be the responsibility of the permittee to produce engineered data delineati he floodway. The Board of Adjustment may authorize, pon from the terms of this Article that will n be c owing to special conditions, a literal en orcemE result in unnecessary and undue hard ip. To uest, in specific cases, such variances ary to the public interest where, the provisions of this Article will a that the spirit of the ordinance is observed and substantial justice don , no variance t the strict application of any provision of this Article shall be gra ed by the Board nless the applicant demonstrates that all of the following approval cr' eria are met. Ina ition, the applicant must meet all the provisions and general app oval criteria for varian es as stated in Article 14-4B, Minor Modifications, Variances, S ecial Exceptions, and P visional Uses, except 14-4B- 2a4. A. Approval Criteria 1. No variance shall a granted for any development hin the floodway that would result in a y increase in flood elevation unless pproved by the Iowa Department of atural Resources or its assignee. 2. Variances sh only be granted upon a showing of good nd sufficient cause, and a deter ination that the granting of the variance will 'riot result in increased od elevation, additional threats to public safety, extraordinary public ex nse, 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 gr ted shall have the concurrence or approval of the Iowa Department of N tural Resources or its assignee. B. Factors for Considera 'on When considering applica 'ons for variances, the Board of djustment will consider all relevant factors specifie in other sections of this Arti a in addition to the following factors: 1. The danger to life and pr erty due to increased ood elevation or velocities caused by encroachments. 2. The danger that materials m be swept on t other land or downstream to the injury of others. ~ 3. The importance of the services ovided by he proposed facility to the community, and the risk of losing aid serv ces during a flood event. 4. The risk assumed by emergency pe use/structure during a flood event. 5. After consultation with the Historic of whether compliance with the floc substantial alteration or destruction landmark properties and propertiesy districts. / n¢I if it is necessary to evacuate the ation Commission, a determination regulations would result in a Wing architectural characteristics of f~within historic or conservation 6. Such other factors that are relev nt to the pu oses of this Article. C. Conditions of Approval Upon consideration of the factor and approval criteria listed above, the Board of Adjustment may attach such co ditions and safeguards o the granting of a variance as it deems necessa to fulfill the purposes an intent of the provisions of this Article. The regulations and standard set forth in this Article may, from ti a to time, be amended, supplemented, ch nged or repealed. No amendment, sup lement, change or modification shall be unde ken without prior approval of the Iowa Department of Natural Resources or its a signee. The degree of flood Prot ction required by this icle is considered reasonable for regulatory purposes and i based on engineeri and scientific methods of study. Larger floods may occur on rare o asions. Flood hei hts may be increased by human-made or natural causes, such as ice ja sand bridge penings restricted by debris. This Article does not imply that areas outs a the regul~'ted areas will be free from flooding or flood damages. This Article does not ' ply that~uses permitted within the regulated areas will be free from flooding or flood da ages. 'his Article shall not create liability on the part of Iowa City or any officer or empl ee ~iereof for any flood damages that result from reliance on this Article or any admin tr,~tive decision lawfully made hereunder. Article F. Floodplain Management Definitions As used in rticle 14-5J, Floodplain Management Standards, the following definitions shall apply. a General Definitions contained in Art' le A of this Chapter shall apply to all terms used Article 14-5J that are not defined elow. 100-YEAR OOD EVENT: A flood, the gnitude of which has a one percent chance o eing equaled or exceede in any given year or which, on the average, w be equaled or excee d at least once every 100 years. 500-YEAR FLOO EVENT: A flood, he magnitude of which has atwo-tenths percent chance f being equal d or exceeded in any given year or which, on the average, will a equaled ~r exceeded at least once every 500 years. 1% ANNUAL FLOOD ENT: he predicted level of flooding with a one percent (1%) chance of being qu led or exceeded in any given year (formerly known as the 100-year flood a t). 0.2% ANNUAL FLOOD EV :The predicted level of flooding with atwo-tenths (0.2%) chance of bei eq led or exceeded in any given year (formerly known as the 500-ye r flood vent). BASEMENT: Any enclo d area of a uilding that has its floor or lowest level below ground lev (subgrade) on II sides (see definition of Lowest Floor). CLASS 1 CRITICAL ACILITIES: Facil ies that must remain accessible during the 0.2% flood vent because they a the base of operations for emergency responders, ar particularly difFicult to vacuate during a flood event, or facilities that rovide services essential t the life, health, and safety of the community. Class 1 Critical Facilities incl a police and fire stations, emergency edical centers, communicatio centers, hospitals, jails, nursing homes, a other residential uses for perso with limited mobility and/or depende cy upon life-sustaining medical equi ment. CRITICAL F CILITIES: Structures that store publi records; museums and librarie ;schools; and other buildings that store re and/or valuable items and i ormation that sustain the history and publi records of a community. Thes structures are not expected to remain acces 'ble or functioning during a flo d event, though in many instances their functi s must resume as soon as ossible after a flood event. Critical Facilities also clude public ins rastructure such as water distribution and wastewa er treatment facilities, w ich are expected to remain functioning during a floo event although they ay be temporarily inaccessible or accessible only by wa ercraft during a ood event. ~`LOPMENT: Any human made change to improved or unim roved real estate, including, but not limited to, the placement of manuf ured 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. FLO D CONTROL STRUCTURAL WORKS: Barriers or storage areas constructed t control floodwater, modify or re-direct channel. FLOOD LEVATION: The elevation which flo dwaters would reach at a particular site uring the occurrence of a specific f equency flood. For instance, the 1% flood levation is the elevation of flood aters with a 1% likelihood of occurri in any given year. The 0.2°o flood elevation is the elevation of floodwa rs with a 0.2% likelihood o occurring in any given year. In areas of shallow fl ding, there is a 1% or greater annual chance of flooding to an elevations cified on the Flood Insurance Rate Map. FLOOD HAZARD REA: Land that i shaded and identified as ~~AE", "X" or "AH" on the Flood In urance Rate M~. FLOOD HAZARD EL ATION: Tie elevation of the 0.2% flood as profiled in the Flood Insurance S dy for ] nson County, Iowa. In areas of shallow flooding, the elevati n of tl~ flood as illustrated on the Flood Insurance Rate Map. / FLOOD INSURANCE RAT AP: The official map prepared as part of (but published separately fro the flood insurance study which delineates both the flood hazard areas n the risk premium zones applicable to the community. FLOOD INSURANCE ST DY: A udy initiated, funded and published by the federal insurance ad inistratio for the purpose of evaluating, in detail, the existence and sever ty of flood zards, providing the city with the necessary information for ad pting a floodp in management program and establishing actuarial flood in rance rates. FLOODPLAIN: Any nd area susceptibl to being inundated by water as a result of a specific fr uency flood. For inst ce, the 1% floodplain is the area of land that, in a y given year, has a 1% 'kelihood of flooding. The 0.2% floodplain is a area of land that, in an given year, has a 0.2% likelihood of flooding. I areas of shallow flooding, th a is a 1% or greater annual chance of flooding o a specified elevation, but a c arty defined channel does not exist, and he path of flooding is unpredicta e. FLOODPLAI MANAGEMENT: An overall progra of corrective and preventive measur s for reducing flood damages and for omoting the wise use of floodpl ins, including, but not limited to, emerge cy preparedness plans, flood contr works, floodproofing and floodplain mana ement regulations. FLOODP OOFING: Any combination of structural and nonstructural additions, cha ges or adjustments to structures, including utility and sanitary facilities, whi h 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 s' bstantially higher flood elevations. LOWE T FLOOR: The floor of the lowest encl sed area in a building, including a bas ment, except when all the following iteria are met: • T e enclosed area is designed to flo to equalize hydrostatic pressure du g floods with walls or openings hat satisfy the provisions of 14-5J-7E of th Title; and • The en losed area is unfinished (not carpeted, drywalled, etc.) and used solely fo low damage potential uses, such as building access, parking or storage; a d • Machinery a service facilities (e.g. hot water heater, furnace, electrical service) contai ed in the encl sed area are located at least one foot above the flood hazar levation; a d • The floor is not be w grade on all sides. MANUFACTURED HOUSIN • An structure designed for residential use which is wholly or in substantial pa ade, fabricated, formed or assembled in manufacturing facilities for i tallation or assembly and installation on a building site. For the purp e of Article 14-5J, Floodplain Management, manufactured housing incl des ctory built homes, mobile homes, manufactured homes and modul homes and also includes park trailers, travel trailers and other imilar veh' les placed on a site for greater than 180 consecutive days. MANUFACTURED HOUSI,rfVG PARK: A pa~el or contiguous parcels of land divided into two or re manufactured ousing lots for rent or sale. NEW CONSTRUCTION F NEW BUILDING ,MANUFACTURED HOUSING PARKS: Those str ctures or development at began construction after May 2, 1977. SHALLOW FLOOD AZARD AREA: Areas of spec I flood hazards having shallow water depths a d/or unpredictable flow paths b tween one (1) and three (3) feet, and with ater surface elevations determin STRUCTURE: An hing constructed or installed on the round or attached to the ground, incl ding, but not limited to buildings, facto 'es, sheds, cabins, manufactur d housing, storage tanks and similar. SUBSTANTIA DAMAGE: Damage of any origin sustained y a structure where the cost o restoring the structure to its pre-damaged co dition would equal or excee 50 percent of the assessed or market value as established by an apprais 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 e ablished by an appraisal paid for at the owner' expense, whichever is gre ter, of the structure either before the impro ement or repair is started or, i he structure has been damaged and is b ing restored, before the damag occurred. For the purposes of this finition, substantial improve nt is considered to occur when tie first alteration of any wall, ceiling, flo or other structural part of the building commences, whether or not that a ration affects the external dimensions of the structure. The term does not, owever, include any ptoject for improvement of a structure to com with existing state or local health, sanitary or safety code specifications hich are solely,recessary to assure safe conditions for the existing use. i Any addition which incr ses the riginal floor area of a building by 25 percent or more. All addi 'ons c nstructed after May 2, 1977 shall be added to any proposed add io in determining whether the total increase in original floor space would Geed 25 percent. -:, ~-~) ared b :Julie Tallman, Development Regulations Specialist, 410 E Washington St, Iowa City, IA 52240 Prep Y ORDINANCE NO. ~-- NCE AMENDING TITLE 14, CHAPTER 5, YEARLFLOODPLAINLANDMASSOC ATED AN ORDINA STANDARDS TO REGULATE THE 100 AND 500 TO 14-9F "FLOODPLAIN MANAGEMENT DEFINITIONS," 14-4B-2 VARIANCES AND 14- CHANGES 86-5: FLOODPLAIN DEVELOPMENT PERMIT. ear floodplain pursuant to the WHEREAS, the City currently regulates development in the 100-y in management standards detailed in Title 14, Chapter 5, Article J of the City Code of Ordinanub c floodpla roe and p and a to private p p rtY WHEREAS flood events of 1993 and 20ea floodpla ntaand phic damag infrastructure in both the 100-year and 500-y ublic health, safety and welfare of the WHEREAS, such flood events caused a substantial risk to the p 15,000,000 in federal and state community; and roximately $ WHEREAS, the City hau hase floodtldamagedapubf cfacilities and private homes within the 500-year grants to repair, replace or p floodplain; and ear and the 500= EAS, the 2007 Johnson County, Iowa andtinn the each ofboth t el 100-ynsurance Stu y WHER established reliable flood forecasting tools to use in pred 9 ublic regarding year flood hazard levels; and ear flood event" mislead the p WHEREAS, the terms "100 year flood event" and "500 Y ed risk of flooding in these areas; and annual risk of investing in a ,flood hazard ~acreasnd should therefore be redefined and the actual, ublic interest to considered together as a "flood hazard area to reflect the m to require that certain WHEREAS, in order to mitigate the ri eve of finent wl thn the flood hazard area;in t e p adopt floodplain regulations to regulated p cilities, such as hospitals and jails, remain accessible during such a flood event; and to allow for d critical fa roved the amende variance from these standards in certain situations; an WHEREAS, the Iowa Department of Natural Resources has reviewed and app THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CI , ordinance. NOW, IOWA: of Iowa City, Iowa is hereby amended as follows: SEC~N I. The Code of Ordi ~ nand substitut ng in lieu thereof as follows: uestion, and the situation is A. By repealing 14-4B-2AO 4. The owner's situation is unique or peculiar to the property in q not shared with other landowner riance from a floodpla nmanagemenlt'standardeis requested neighborhood, except when a va per 14-5J-9; and B re eating 14-5J in its entirety and substitute 9tin l1en I eurthereof the attached (Section X14 86-5; B Y p C. By repealing 14-8B-5 in its entirety and substi g and and substituting in lieu thereof the attached Article 14-9F. p. By repealing 14-9F in its entirety arts of ordinances in conflict with the provisions of this SECTION III. REPEALER. All ordinances and p ed to be Ordinance are hereby repealed. section, provision or part of the Ordinance shall be adjudg SECTION IV. SEVERABILITY. If any lid or unconstitutional, such adjudication shall notoaunconstitutiona of the Ordinance as a whole or any mva section, provision or part thereof not adjudged invali Page 2 SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. 20 Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by ~~~~~~h~ City Attorney's Office '~ IZV t~ ~ 14-4B-2: VARIANCES: rant variances from the provisions of owered tog to unique The board of adjustment is emp to the public interest when, owing rive the this title that will not be contrary district ces or conditions, a literal interpretatioon ert els inlthe zolning p circumstan en o ed by other p p ose unnecessary and undue hardship applicant of rights commonly ~ y title is observed and substantial under the terms of this title and would impof this on the applicant. To ensure that the sp lication of any- provision of this title shall licant demonstrates that a var ance are justice done, nthe board unless the app p be granted by rocedures for obtaining following approval criteria are met. Thep ustment Approval Procedures", of set forth in chapter 8, article C, "Board Of Adj this title. A. Approval Criteria: sed variance will not threaten neighb o other p operties in the area 1. The propo substantially adverse rtff ncludeden the var ance; and adjacent to the prope y eneral purpose and intent of osed variance will be in harmony with the g Ian, as 2. The prop rehensive p this title and will not contravene the objectives of the comp amended; and estion cannot yield a reasonable return anedquired to comply 3. The property m qu ecified in this title, with the requirements and standards sp ro ert in question, and the eculiar to the p p y eneral 4. The owner's situation is unique or p a variance from a floodplain 'on is not shared with other landowners in the area nor due to g situate conditions in the neighdbsr eq e~sted pew 4e5J-g; and management standa Iicant's own making or that of a 5. The hardship is not of the landowner's or app predecessor in title. nce Prohibited: Under no circumstance may the board grant a ould allow a land use, other than thocat pdecifically allowed m B. Use Vana variance that w ro ert is to the zoning district in which the subject p p Y roof and must suppo~ licant bears the burden of p C. Burden Of Proof~oT al crteria by a preponderance of the evidence. each of the app of a variance is not grounds for granting other D. Precedents: Tth gsame or differing properties. (Ord. 05-4186, 12-15-2005) variances for Floodplain Management Standards prt~cle ]. reserve the rights and privileges and The purpose of this Article is to protect and p reserve and improve the peace, and its residents and to protect, p minimizing flood property of Iowa City safety, health, welfare, comfort and convenience of its residents y losses. The provisions of this Article are dethe onveyance of flood flows so that flood p. Reserve sufficient floodplain area fo heights and velocities will not be increased suoe~te Ith Ilsafety or property in times of g, Restrict or prohibit uses that are dangerous t flood or that cause excessive increases in flood heights utilities that serve such ~, Require that uses vulnerable to floods, including public uses, be protected against flood damage. urchase flood insurance p, Assure that eligibility is maintained for property owners to p _~ ..~„ .~,otinna~ flood insurance program. p Application of Provisions I to all lands identified in the "Johnson The regulations within this article app y ~~ dated February County, Iowa, and Incorporated Iowa alndl ncorpo ated AreasaFlood Insurance 16, 2007. The "Johnson Coun adopted by reference and is made a part of this Study", as amended, is hereby floodplain management regulations. article for the purpose of administering g, Minimum Requirements e rovisions of this Article are considered mini a d wiQ not be deemed al e Th p overrnng body liberally construed in favor of the Sowers granted by State statutes. limitation or repeal of any other p C. Abrogation and Greater Restrictions rticle imposes It is not intended by this Article to repeal, aHowevero, where) th s A X~sting easements, covenants or deed restrictions r restrictions, the provisions of this Article shall pTr'itlealthis Art cle hall prevail. greate .,r.,,~~c~nns herein conflict with other provisions of t A, Legal Authority fives cities authority to adopt Chapter 4556, Code of Iowa, as amended, g re ulations governing development and redevelopment within flood hazard areas, 9 including designation of flood hazard maps. B. Legislative Findings e subject to periodic inundation which f 1. 2. 3 A. B. The flood hazard areas of Iowa City a health and safety hazards, disruption o can result in loss of life and property, extraordinary. public expenditures for commerce and governmental services, rotection and relief and impairment of the tax base, all of which flood p eace, safety, health, welfare, comfort and convenience adversely affect the p e of its residents. e flood losses, hazards, and related ad lnrse effects are caused y erable to flood damages. Such Thes uses vu elevated or occupancy of flood hazard areas by inadequately uses create hazardous condotod n aand the (cumulative effect of obstructions otherwise protected from fl 9 on the Floodplain causing increases in flood heights and velocitflood hazards, on engineering methodology for analyzing This Article relies up the Iowa Department of which is consistent with the is nee.ards established by Natural Resources or its a g rovided in subsection B, below, no str converted oastructurally altered Except as p used and no stru liance wath theoterms~ of thi s Article. without full comp rovisions of this Article lawfully If a structure that is not in compliance with the p ' r to May 2, 1977 and has existed continu the st ucture anotw'i hstanding existed prio be made to since that time, then improvemnv ded such improvements do not constitute a Floodp am the provisions of this Article, p ment that are substantial improvement as defined in Article 14-9F, or develop he Management Definitions. However, structures, uses, I with t with regard to other provisions of this Title must Sit at ons. nonconforming applicable regulations contained in Article 14-4E, Nonconforming A. Enforcement~fOffii shalDladm Wasted and enforce the provisions of this Article. The Building g, Duties and Responsibilities official include, but are not necessarily Duties and responsibilities of the Building limited to the following: nd maintain a record of the elevation (in ubst lntiallyNmproved eodetic 1, Record a Vertical Datum) of the lowest floor of all new ors roved structures buildings or the elevation to which new or substantially imp have been floodproofed. artment of Natural 2, Notify adjacent communities or counties aondot ed alt r ion or relocation of a Resources, or its assignee, prior to any p P watercourse. A, Permit Required the Building OfFicial, must be obtained A Floodplain Development Permit, issued by arcel of land within a flood hazard area prior to initiation of any development on a oval procedures contained in Article 14- according to the applicable review and app dministrative Approval Procedures. Issuanccom al flngdwith federall, st te, or 8B, A roe owner from P Y permit does not relieve the p p -tY re ulations, including approval when required from the Iowa other agency 9 Department of Natural Resources. g, Compliance roved plans and applications Floodplain Development Permits based on app roved authorize only the use, arrangement, and construcof any struct re Sthe app scant plans and applications. Prior to use or occupancy sneer or land surveyor, will be required to submit certification by a professional eng~ floodproofing that the finished fill, building floor elevations, registered in the State, Hance with the or other flood protection measures were accomplished in comp ~ Hance rovisions of this Article. Any use, arrangement or construction not in comp P with the uses authorized will be deemed a violation of this Artic e. ~ ~ .. o erties subject to the regulations of this Article must comply with the following All pr p applicable performance standards. A. General Construction Requirements All structures shall be: e uatel anchored to prevent flotation, collapse or lateral movement of the 1, ad q Y structure; and 2, constructed with materials and utility equipment resistant to flood amage, and ractices that minimize flood damage. 3. constructed by methods and p g, Class I Critical Facilities 1, Class I Critical Facilities may not be located within a flood hazard area. lass I Critical Facilities must be located with O 2 ~o flood eventlar access that 2. C will remain passable during occurrence of the C, Residential Buildings II new or substantially improved residential stddit on elevated a min'mum of 1. A lateral a floor of the original structure and any one foot above the flood hazard elevation. Where existing topography, street grades, or s theCS a~ Y berallowed I subje c 2. such a p by fill, alternate methods of elevating, ee a record of all permits, appeals, variances and other such transactions 3' K ~p ...,..,,~n~nriPnce pertaining to the administration of this Article. to approval by the Building Official. In such a case, a licenso~phe stru ture shall certify that the method ous force's and hazards assocpated with flooding. as well as withstand the var p. Nonresidential Buildings 1. All new or substantially improved no and'ann Ilaterall addi ionuelevated ae lowest floor of the original structure Y minimum of one foot above the flood be floodproofed to such a level.h attendant utility and sanitary systems, 2, When floodproofing is utilized, a profess0odsaused are adequate to Iw thstand e shall certify that the floodproofing meth act and uplift forces and other the flood depths, pressures, velocities, imp factors associated with the flood hazard, Wads substantially impermeab a to flood hazard elevation is watertight wit the passage of water. Such certificaodetic Vertical Datumeto whp h any elevation, in relation to National Ge structures are floodproofed. A record of this certification will be retained in the office of the Building Official. roved Structures E. All New and Substantially Imp 1. Fully enclosed areas below the "lowest floor~static flood frceston exter•iorshall be designed to automatically a and'exit of flood waters. Designs for meeting walls by allowing for the entry this requirement must either be certirfinednba a r 9 I cr ter a~fessional engineer to meet or exceed the following min PP a. There must be a minimum of 2 epe snuare footof enclosed area subject less than one square inch for ev ry q to flooding. The openings shall not be located on the at the 1% flood b. The openings shall b flood a evation,es above) the bottom of the opening, elevation, or shallow and in all cases the bottom of all openings shall be no higher than one foot above grade. and exit of floodwaters. c. Openings shall permit the automatic entry 2. New and substantially improved structure colla se oalateral movement of the adequately anchored to pr d od namic and hydrostatic loads, including the structure resulting from by Y effects of buoyancy. 3. New and substantially improved umb nur and a rt bond tinning eq pment and electrical, heating, ventilation, pl 9 other service facilities elevated or floodproofed to one foot above the flood hazard elevation. F, Manufactured Housing Manufactured housing, including those plaocnd'mustsbe9rnanufactured housing parks, planned developments, or subdivis , 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 and sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply facilities and sanitary sewage systems 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. J. 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 1. 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. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this Ordinance. 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. 0 osals for subdivisions shall include the flood hazard elevation data for 2. Pr p those areas located within flood hazard areas ~, Residential Accessory Structures tion of detached garages, sheds and simil umtrates for insurance °od The exemp elevation requirements may result in increase prem ara es, sheds coverage of the structure and contentare exempt from t e flood elevation and similar accessory type structures requirements when all of the following conditions exist: 1, The structure is not used for humaha e ow'flood damage potential. 2. The structure is designed so as to The structure is constructed and placed on the building site so as to offer 3. minimum resistance to the flow of flood wa ers. result in 4. The structure is firmly anchored to prevent flotation, which may damage to other structures. 5. The service facilities for the structurefed t at lea trove foot above the flood equipment, are elevated or floodproo hazard elevation. enings having a total net area of not less 6, There shall be a minimum of 2 spuare foot of enclosed area subject to than one square inch for every q flooding. The openings shall not be locateda Is such that thel l% flood 7. The openings shall be located on exterior w vation or shallow flood elevation, is above tno h~ her~than onepfoolt above ele in all cases the bottom of all openings shall be 9 grade. g. Openings shall permit the automatic entry and exit of floodwaters. M. Recreational Vehicles ecreational Vehicles are exempt from the regon~of manufactueed homes when 1. R of this Article regarding anchoring and elevat the following criteria are satisfied: a. the recreational vehicle shall be located on the site for less than 180 consecutive days; and use. A b. the recreational vehicle must be hi Ilhwaynusedif t sron~t fwheels oa jackingd recreational vehicle is ready for 9 uick disconnect type utilities an system and is attached to the ermanentbly attached additions. security devices and has no p 2. Recreational vehicles that are located on the site for more than 18 d for hi hway use. must satisfy requirements consecutive days or are not ready g of 14-5J-7(F) of this Article regarding anchoring and elevation of manufacture homes. ' ion to the general floodplain standards listed above, uses within the floodway In addit a licable standards. must meet the following pp use is ermined in the floodway that would ~ ent of Natural Resources oraits A' N0 p roved by the Iowa Departm elevation, unless app assignee. g. All uses within the floodway must: 1, Be consistent with the need to minimize flood damage ize flood damage; and 2, Use construction methods and practices that will minim se construction materials and utility equipment that are resistant to flood 3. U damage. or conveyance of the channel or ~. No use is permitted that would affect the capacity other drainage floodway or any tributary to the main stream, drainage ditch or any facility or system. ermined, must meet the p, Structures, buildings and sanitary and utility systems, if p le eneral Floodplain management standards aflod d fl ws constructed and applicab 9 ossible resistance to aligned to present the minimum p e otential and must not be E, Buildings, if permined, must have low flood damag p used for human habitation. losive or flammable, exp F, Storage of materials or equipment that are buoyant, a available after ' rious to human, animal or plant life is prohibitedvithin the tim ther material may m7u be allowed if readily removable from the floo waY flood warning. ~, Watercourse alterations or rel ed to main cluding channel changes an be ' tain the flood-carrying capacity within the modifications, must be design altered or relocated portion. In additioNatural Rlesourl~es orritslass ghee mus approved by the Iowa Department of must have H, Any fill or stream bank erosion control~p ea ~o hel m namum amount necessary. some beneficial purpose and will be li ' lines that cross rivers or streams must be burin eldue totchannel degradation I, Pipe or otherwise sufficiently protected to prevent rup and meandering or due to action of flood flows. Where floodway data has been rovided in the flood insurance study, such data shall be used to define the P floodway limits. here no floodway data has been provided, the rovideDa floodway del neat on. ~• W erminee Resources or its assignee shall be contacted to p Where floodway data is not available, it the floodwayesponsibility of the p to produce engineered data delineating ~, - authorize, upon request, in specific cases, such variances The Board of Adjustment may to the public interest where, from the terms of this Article that will not be contrary to s ecial conditions, a literal enforcement of t that the (spirit of the ordinance is owing p and undue hardship. To ensure result in unnecessary 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 14-4B- 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. the Board o ~. Conditions of Approval Upon consideration of the factors and approval criteria listed above, Ad'ustment may attach such conditions and ureoses and inte nrof the provisions of ~ to fulfill the p p variance as it deems necessary this Article. ~ ~ - re ulations and standards set forth in this Article may, from time to time, be The g lement, change or amended, supplemented, changeW thoup prioa approval of the Iowa Department of modification shall be undertake Natural Resources or its assignee. „, - - rotection required by this Article is considered reasonable or The degree of flood p and scientific methods of study. Larger regulatory purposes and is based on engineering be increased by human-made or floods may occur on rare occasions. Flood heights may debris. This Article natural causes, such as ice jams and bridge openings restricted by or flood oes not imply that areas outside the regulated a emitteld Wet n the regulated areas will d I that uses p damages. This Article does not imp es. This Article shall not create liability on the part be free from flooding or flood damag a Ci or any officer or employee thereof for and wfulld made hereunder.ult rom of Iow ty reliance on this Article or any administrative decision Y _ B-5: FLOODPLAIN DEVELOPMENT PERMIT: 148 ermit issued by the building A. Permit Required: A floodplain development p cured prior to initiation of any development on a tract of land official shall be se within a flood hazard area. ' al Re uirements: The building official may require the following B. Submitt q information: ermit. 1. Description of the work to be covered by the p lot, block, osed work is to be done (i.e., 2. Description of the land on which the prop ress or similar description) that will readily identify and locate t e tract, street add work to be done. e use or occupancy for which the proposed work is intended. 3. Indication of th rovided ' n of the flood hazard event. Where flood eln{a ti the otwa Department of 4. Elevatio the applicant sha in the Flood Insurance Study, Natural Resources to obtain such data. rtical datum of the lowest floor, is to be 5. Elevation in relation to national geode is ve ' cludin basement, of buildings or of the level to which a building m 9 floodproofed. im roved or rebuilt, the estimated cost of improvements and 6. For buildings being p . rior to the improvements. market value of the building p ' ormation as the building official deems cements olf chapter 5ryarticle 7. Such other mf Hance with the requir the purpose of determining comp J, "Fooodplain Management Standards", of this title. The building official shall, within a reason mlent' mee sake C. Approval Procedure. osed floodplain develop a determination as to whether the prop 'cable standards of chapter 5, article J, "Flooodpeai n Watingethent the apple rove or disapp of the Standards", of this title,rovals, the applicant will be informed, in writinogfficial application. For disapp lication was disapproved. The building specific reasons why the app roved by the board of shall not issue permits for variances, except as app according to the approval criteria for suc 2005ances set forth in adjustment chapter 5, article J of this title. (Ord. 05-4186, 12-15 lood lain Management Definitions A~-title F' F p the following definitions As used in Article 14-5J, FloodplansManagement Standards, contained in Article A of this Chapter shall apply to shall apply• The General Definitio all terms used in Article 14-5J that are not deft ma bnit de of which has a one percent iven year or which, on the 100-YEAR FLOOD Ee E a ed or a xeeded in any 9 100 years. chance of being q average, will be equaled or exceeded at le t de of wh ch has atwo-tenths e waled or exceeded in any given year or which, on 500-YEAR FLOOD EoV bN ngA q ood, the mag 500 years. percent c the average, will be equaled or exceeded at le of flood'ng with a one percent redicted level iven year (formerly known 1% ANNUAL FLOOD EVEN waled or exceeded in any g (1%) chancee r flood event)., as the 100-y with atwo-tenths 0.2% ANNUAL FLOOD EVENT: The predicted level of flooen year (formerly (0.2%) chance of being equaled or exceeded in any g known as the 500-year flood event). • An enclosed area of a building that has its floor or lowest level BASEMENT. Y rade on all sides (see definition of Lowest Floor). below ground level (subg ) TICAL FACILITIES: Facilities that r-ie of o erations for elmerge gY CLASS 1 CRI are the bas P the 0.2% flood event becau difficult to evacuate during a flood event, or responders, are particularly of the cilities that provide services essential t ude lolice andhfirens ations, fa ails, nursing community. Class 1 Critical Facilities me p hospitals, j emergency medical centers, communic ersons with limited mobility and/or homes, and other residential usesrrfoaical equipment. dependency upon life-sustaining ublic records; museums and CRITICAL FACILITIES: Structures that store P .c records of a community. ries• schools; and other buildings that sdtor blare and/or valuable items libra during and information that sustain the history an p ese structures are not expected to re thei rfunctions must resume as soon Th instances a flood event, though in many ublic as possible after a flood event. Cributionaand wastew ter treatment faciliti e , insfrastructure such as water distr during a flood event although th y which are expected to remain functioning b watercraft during a may be temporarily inaccessible or accessible only Y flood event. roved or unimproved real estate, DEVELOPMENT: Any humanmade change to imp but not limited to, the placement of manufactured housing, including , dredging, streambank erosion control buildings or other structures, mini excavation or drilling operations. measures, filling, grading, paving, ment is considered to commence with either the first placement or Develop ouring of a slab or permanent construction of a ier the construction of columns, or any work footings, the installation of p , beyond the stage of excavation; or the placement of a factory-built home on a foundation. 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: In AE zones, 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. RECREATIONAL VEHICLE: A vehicle which is: • built on a single chassis; • four hundred (400) square feet or less when measured at the largest horizontal projection; • designed to be self-propelled or permanently towable by a light duty truck; and • designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. 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. VI UII IQIII,rC IVV. 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 10/26/2010 Vote for passage: AYES: Hayek, Mims, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: Wilburn. Second Consideration Vote for passage: Date published {{~ `fi' .:~ Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10-00007) ORDINANCE NO. i n-~~nR 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. 10- 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 26th day of October , 2010. !~~''~~_ MAYOR ATTEST: c7 CI CLERK Approved by: City Attorney's Office ~~~~ f I a ppdadm/ord/REZ05-00020.doc Ordinance No. 10-4408 Page 3 It was moved by Ra,•, PT and seconded by Wight that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion ~_ Dickens x Hayek x Mims x Wilburn x Wright First Consideration 10 / 1 i / 2010 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration ------------------ Vote for passage: Date published 11/3/2010 ~ved by Bailey, seconded by Champion, that the rule requiring ordinances to be considered and voted i for passage at two Council meetings prior to the meeting at which it is to be finally passed be ~spended, the second consideration and vote be waived .and the ordinance be voted upon for final issage at this time. AYES: Mims, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: .lburn. -_ ~ ~° ~ l Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ10- 00004) ORDINANCE NO. 10-4409 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. 10-4409 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 26th day of nrrnl~e , 2010. f~!/i/ ~ A MAYOR ATTEST: ~ ~'~" CIT `ELERK Appr~ved by City Attorney's Office S ~S ~~U Ordinance No. ~ ~_4[,f1q 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- 2 D-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. 10-4409 Page 4 It was moved by Wright and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Dickens x Hayek x Mims x Wilburn g Wright Mims that the Ordinance 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 11 / 3 / 2010 oved by Wright, seconded by Dickens, that the rule requiring ordinances to be considered and voted n for passage at two Council meetings prior to the meeting at which it is to be finally passed be uspended, the second consideration and vote be waived and the ordinance be voted upon for final assage at this time. AYES: Bailey, Champion, Dickens, Hayek, Mims, Wright.- NAYS: None. BSENT: Wilburn. Ordinance No. Page It was moved b as read be ado and seconded by and upon roll call there were: that the Ordinance AYES NAYS: ABSENT: Bailey \ Champion Dickens ~- Hayek `~, Mims '\ Wilburn ~ Wright First Consideration 5 / 10 / 20 fQ Vote for passage: AYES: Wil~urn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None\\.~ Second Consideration 6 / 1 / 2010 Vote for passage: AYES : Dicken NAYS: None. ABSENT: None. Date published k, Mims, Wilburn, Wright, Bailey, Champion. 1 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. ,r 1ti Dated this ~~ day of `~ ~ +~~E~ , 2010. CITY OF IOWA CITY Matt Hayek, Mayor A st: Maria K. Karr, City Clerk v By: ~{c~~t.t~, % . ~'~ v 55 - rr S of ~rvf By: Ap r'oved b~~ ~ ~~~ -1~ ~f if /~fLG~i'7/;'Z;',~~r ..~.:- , City Attorney's Office ,~ /c~,~~~7 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) T~ On this ~s/ - day of ~c ~nes~.lz 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 volunta ~.~' ~ cut~4,VDRAE FohZT .~ ~ ~ Commission Number 159791 ~~~(yz, ~ ~~ ' My Commis ion Expires iow~ ,~~ ,~ Notary Public in and for the State of Iowa CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) VOLDENiARS PELDE ~~~ COnmdsslOn Number 706502 My Commission Expires ow ~D _`~~ _ Zd ~ h is' instru nt was acknowledg as _ ~[~e elopment Corporation. this ~ day of /t'L~, 2010 by r, of ,Moss Green 3 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 ° ~ ~~ POINT OF BEGINNING; THENCE South 82 2415 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 218.30 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. ~1 ~-~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ~ n-44 ~ n 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 2 th day of October , 2010. MAYOR ATTEST: ~L'~ CITY CLER // `, / oved by~/"% v "lr `. /p -- I I - I O City Attorney's Office Ordinance No. 10-4410 Page ~_ It was moved by r.Ir~,ghr and seconded by !'ham~i nn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Dickens x Hayek ~_ Mims x Wilburn g 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 11/3/2010 Moved by Wright, 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: Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: Wilburn. ~.n ~~ ~'~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10-4411 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 Ordinance No. 10-4411 Page 2 of Housing and Inspection Services, or designee, or comparable barriers, as approved by the chief of police, or designee. 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. 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(ti) above. SECTION II. REPEALER. 1. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 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 26thday of October , 2010. n~_ MAYOR ATTEST: CITY RK Approv by ~D ~ 1 ~~ City Attorney's Office Ordinance No. 10-4411 Page 3 It was moved by Wright and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Dickens _~ Hayek x Mims x Wilburn x 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 10/30/2010 Moved by Wright, seconded by Mims, 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, Wright, Bailey. NAYS: None. ABSENT: Wilburn. ~~ ~ ~-t~ ~ Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 10-4412 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 Ordinance No. 10-4412 Page 2 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 actual 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 Ordinance No. 10-4412 Page 3 (180th), two hundred seventieth (2701h), 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 Ordinance No. 10-4412 Page 4 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 26th day of October , 2010. /~~v MAYOR ATTEST: ~~ CITY CLERK Approved by ~©~r ~~o City Attorney's Office Ordinance No. 10-4412 Page 5 It was moved by Bailey and seconded by Mims 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 l0 / 11 / 20 0 _ Vote forpaSSage:AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 10/30/2010 Moved by Bailey, seconded by Dickens, 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: Hayek, Mims, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: Wilburn.