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HomeMy WebLinkAbout2011-06-07 OrdinancePrepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ11- 00001) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 23.22 ACRES OF PROPERTY LOCATED AT 2949 ROCHESTER AVENUE, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) ZONE TO PLANNED DEVELOPMENT OVERLAY -LOW DENSITY SINGLE FAMILY (OPD -5) ZONE. (REZ11- 00001) WHEREAS, the applicant, Rochester Ridge LLC, has requested a rezoning of property located 2949 Rochester Avenue from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the owners, the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens, have entered into a purchase agreement for said 23.22 acres with the Applicant WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single family residential of a similar pattern as the surrounding developments with a potential location of open space in the southeast corner; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning and found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that it complies with the Comprehensive Plan provided it is developed according to a Wetland Mitigation Plan approved by U.S. Army Corps of Engineers and according to a long term maintenance plan for the combined wetland /stormwater detention area; and WHEREAS, Iowa Code §414.5 (2011) 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 and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of RS -5 to OPD -5: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 °20'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 °42'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND 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 by law. Ordinance No. Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement among the Owner(s), Applicant and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration 61719011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Date published Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ1 1 -00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Robert W. Stevens Revocable Trust and the Dorothy L. Stevens Revocable Trust, Shirley A. Connor, Judith Gabriel, Robert W. Stevens and James E. Stevens (hereinafter "Owners "), and Rochester Ridge, L.L.C. (hereinafter "Applicant "). WHEREAS, Owners are the legal title holder of approximately 23.22 acres of property located at 2949 Rochester Avenue, Iowa City, Iowa; and WHEREAS, Applicant has an equitable interest in said 23.22 acres by virtue of a purchase agreement with Owners; and WHEREAS, the Owners and Applicant have requested the rezoning of said property from Low Density Single Family Residential (RS -5) zone to Planned Development Overlay -Low Density Single Family Residential (OPD -5) zone; and WHEREAS, the Planning and Zoning Commission found that the site has considerable sensitive natural features, including a regulated woodland, jurisdictional wetlands, steep and critical slopes, and a stream corridor; and WHEREAS, the Planning and Zoning Commission found that the disturbance to the sensitive natural features was warranted in order to provide for essential public improvements, such as stormwater management and streets to foster neighborhood connectivity and a reasonable level of infill development; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for a Wetland Mitigation plan and a long term maintenance plan for the combined wetland /stormwater detention area, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of sensitive natural features; and WHEREAS, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are collectively the legal title holder of the property legally described as: BEGINNING AT THE SOUTHWEST CORNER OF LOT 313 OF OAKWOODS ADDITION PART 6; THENCE S88 °52'49 "W, 953.92 FEET; THENCE N00 020'58 "W, 916.12 FEET; THENCE N75 °00'31 "E, 137.33 FEET; THENCE N70 042'29 "E, 863.45; THENCE S00 °33'02 "E, 1218.30 FEET, TO THE POINT OF BEGINNING, CONTAINING 23.22 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as compliance with a Wetland Mitigation Plan approved by the U.S. Army Corps of Engineers and a long -term maintenance plan for the wetland /stormwater detention basin located on Outlot A. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 20 CITY OF IOWA CITY OWNER: Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: Ir Robert W. Stevens Revocable Trust BY: Shirley onnor, Trustee Dorothy L. Stevens Revocable Trust BY: Shirley A. onnor, Trustee v City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Shirley A. Co or all Judith Ga riell Robert W. Stevens ,+ times E. Stevens APPLICANT Rochester Ridge, L.L.C. �- B -. 2011 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of . - 0t o0% .... (County) of yohnSO /,� On this day of 1i bcr , 201, this instrument was acknowledged before me by f:7A; ,-1e,j A. ('nnnny- as T Estee of the Robert W. Stevens Revocable Trust. &�-C ('rte 7u -#-(e-- Notary Public in and for the State of�c yc�� My commission expires_ ,o -1`sm KELLIE K. TUTTLE * Commission Number 221819 .�� My C miss' n Expires iuw4 / 3 DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT State of ... - o��-- (County) of On this /-IJ-/t day of iii(' _ 20/ � , this instrument was acknowledged before me by r as Trustee of the Dorothy L. Stevens Revocable Trust. G-, Notary Public in and for the State of My commission expires: KELLIE K. TUTTLE 2 Commission Number 221819 INDIVIDUAL ACKNOWLEDGEMENT: My Co issi p'res io�A STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this �� -)t-k day of , 20 > / , before me, the undersigned, a Not Public in and for said County, in aid State, personally appeared sh /mil A r) 0 y— , to me known to be the identical persons named in and wtilb executed the within and foregoing instrument, and acknowledged that (he/ the executed the same as his/ r their voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 4i KELLIE K. TUTTLE Commission Number 221819 My Cq " Ex ices On this /9-fh day of ✓T , 20 / / , before me, the undersigned, a Notary Public in and for said County, in sWd State, personally appeared �7Tt4z- //J 41L L to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he/ e they) executed the same as his/ W their voluntary act and deed. INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: /e �zt77��Pi Notary Public in and for the State of Iowa My commission expires rd oa��Al p KELLIE K. TUTTLE z Commission Number 221819 My Commi sio 'Expires JOHNSON COUNTY ) On this J, � day of , 20 ) / , before m the undersigned, a Notary Public in and for said County, in s Id State, personally appeared ©1Q,--/'f / -_S to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that e she /the executed the same as Is er /their voluntary act and deed. INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa qal�< r KELLIE K. TUTTLE My commission expires:n`s 4 Commission Number 221819 r M, CC nymiiss n xpires On this / day of 20_ff , before , t e undersigned, a Not ublic in and for said County, said State, personally appeared 6 0 'j�CL to me known to be the identical per§ n(s) named in and who executed the within and foregoing instrument, and acknowledged that he he /the executed the same as (his /her /their) voluntary act and deed. �PFt1A/ s TIMOTHY C. BERNEMANN o y Commission Number 747091 xr My Commission Expires Notary Public in an for the State of Iowa ipy,�p August 23, 2012. My commission expires: LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /2-24'� day of A.D. 20 1 / , before me, the undersigned, a Notary Public, in and fo the State of Iowa, personally appeared `(eSSi C `f. to me personally known, who being by me duly sworn, did say that the is %11� e nz 6�.r- (title) of J2�C�i es'r RI- Z--L-C -- , and that said instrument was signed on behalf of the said limited liability qompany by authority of its managers and the said Me - w -- -6c-f- acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: "z MmKy m EisLsLinoIjE n � NiK�us. Tim%oUb�eTEr T x2pL2' E 1e 8s 19 5 Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.39 ACRES LOCATED AT 1725 NORTH DODGE STREET OWNED BY THE PRESS - CITIZEN COMPANY FROM RESEARCH DEVELOPMENT PARK (RDP) TO NEIGHBORHOOD PUBLIC (P -1). (REZ11- 00006) WHEREAS, the North Dodge Partners, L.L.C. is the legal title holder of the property located at 1725 N. Dodge Street; and WHEREAS, Iowa City School District is in the process of purchasing the subject property and intends to use the property for the central administrative office, School Board meeting location, food service area and other uses related to the School District; and WHEREAS, Section 14 -21F-113(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 applicants, North Dodge Partners, L.L.C. and Iowa City School District, have requested a rezoning of the subject property from Research Development Park (RDP) to Neighborhood Public (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance; and WHEREAS, the Comprehensive Plan identifies the need for preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space; and WHEREAS, the subject property contains steep, critical, and protected slopes; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning complies with the Comprehensive Plan; WHEREAS, Iowa Code §414.5 (2011) 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, 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. Property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, is hereby reclassified from its current zoning designation of Research Development Park (RDP) to Neighborhood Public (P -1). SECTION ll. 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, the applicants, and the City, following passage and approval of this Ordinance. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CERTIFICATION AND RECORDING. 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. Ordinance No. Page 2 of 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2011. MAYOR Approved by City Attorney's Office ��� ATTEST: CITY CLERK 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 5/17/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS:None. ABSENT: None. ABSTAIN: Wilburn. Second Consideration 6/7/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wright, Bailey, Champion. NAYS: None. ABSENT: None. ABSTAIN: Wilburn Date published Prepared by: Tabatha Miller, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240(319)356-5251 (REZ11- 00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), North Dodge Partners, LLC (hereinafter "Owner "), and Iowa City Community School District (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 10..39 acres of property located at 1725 N. Dodge Street; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Research Development Park (RDP) to Neighborhood Public Zone (P -1); and WHEREAS, the Comprehensive Plan identifies Dodge Street as a main entranceway corridor into Iowa City and proposes that development in the area maintain and enhance the area's appearance. WHEREAS, the Comprehensive Plan identifies the need for .preserving the area's environmentally sensitive features and natural beauty. The Plan recommends that development occur with consideration of ecological features, such as protecting critical wildlife habitats, natural terrain, and future green space. WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding preserving the site's environmental sensitive features and maintaining an attractive entrance to the city, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code . §414.5 (2011) .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 and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and Sensitive Areas Ordinance, and the need for neighborhood compatibility, protection of natural slopes, and the enhancement of the Dodge Street Corridor as an entryway into the city; and WHEREAS, the Owner and Applicant agree 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. North Dodge Partners, LLC is the legal title holder of the property legally described as Lot 1, Press - Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa ppdadm /agt1rez11 -00006 conditional zoning agreement.doc Code §414.5 (2011) 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any exterior additions to or redevelopment of the existing building will be contained within the area identified as "APPROXIMATE AREA OF PHASE II LANDSCAPING BY BLDG. CONTRACTOR" on page C8 of the Site Development Plan for the Iowa City Press - Citizen Office and Production Facility, Iowa City 1989, attached hereto as Exhibit A and incorporated herein by this reference. b. Any future development will be reviewed for general compliance with the Landscape Plan shown on Exhibit A. c. Any future site plan will be sensitive to the site's steep, critical, and protected slopes, with protected slopes preserved and buffered as required by the Sensitive Areas Ordinance. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land; and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20 CITY OF IOWA CITY Owner: North 7s, LLC ppdadm1agt/rez11 -00006 conditional zoning agreement.doc 2 Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office S� I q I I I CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) North Dodge Partners, L.L.C.: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _day of Mrs � 20_jj_, before me, the undersigned, a Notary Public in and for the State of Iowa, pe soy` nally appeared _�i ; , t; -gc,,,,� to me personally known, who being by me duly sworn, did say that the person is oA c: (title) of North Dodge Partners, LLC, and that said instrument was signed on bellalf of the said limited liability company by authority of its managers and the said limited liability company acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. ppdadmlagUrezi 1 -00006 conditional zoning agreement.doc 3 RIM NOVW &W-KMA Not�lic in and for said County and State CO M IOM NO. 7206 my COMMON It 00 ft tuYy 02, 2013 (Stamp or Seal) Title (and Rank) Iowa City Community School District: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) AA^ On this 16 day of IV' 20 ' ( before me, the unc)ersigned, a Notary Public in and for the State of Iowa, p r� sonafly appeared VQ,H l �1�iI S , to me Q�ersonally own, yvho being by me duly sworn, did say that the person is Q yes I of �4- (title) of the Iowa City School District, and that said instrument was signed on behalf of the said school corporation by authority of its managers and the said school corporation acknowledged the execution of said instrument to be the voluntary act and deed of said school corporation by it voluntarily executed. K!M COLVIN Comy i 0q Ems"#3# Notary Publi ' and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agUrezil -00006 conditional zoning agreemenl.doc 4 yl. fill] 11 �y�''2iccs t\ i { f� \J • o. t ; Vii'• \, �,r\ �\ VVl k� Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5437 ORDINANCE NO. 11 -4431 AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.00 to $2.50, and the multiplying rate for non - residential properties will increase from $0.75 to $1.00. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled " Stormwater Utility Fee" is hereby amended by increasing the fee to $2.50. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting seventy five cents ($.75) with $1.00. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 7 th day of June 20 11 . MAYOR ATTEST: CI ERK Approved by City Attorney's Office S I It pweng/ ord /stormwater- feeincrease0511.doc Ordinance No. 11 -4431 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion Dickens _x x Hayek x Mims x Wilburn x Wright First Consideration 5/17/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration ---------------- - Vote for passage:. Date published (--/ %. - loved by Wilburn, seconded by Mims, that the rule requiring ordinances to be considered and noted on for passage at two Council meetings prior to the meeting at which it is to be finally )assed be suspended, the second consideration and vote be waived and the ordinance be voted upon .or final passage at this time. AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. 1AYS: None. ABSENT: None. N\�� f o Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. t t _zL i7 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION E, TO AMEND THE FINE AMOUNT FOR VIOLATIONS, AND SUBSECTION D, TO AMEND THE WORDING OF THE NOTICE TO MATCH THE NEW FINE AMOUNTS, AND TO ELIMINATE THE POSTING OF NOTICE AS AN ELEMENT OF THE OFFENSE. WHEREAS, the City wishes to reduce the financial penalty for first -time offenders of this ordinance, while escalating sanctions for repeat offenders; WHEREAS, the notices posted in licensed establishments will need to be changed to correspond with the revised fine amounts; and WHEREAS, amendment of the ordinance from age nineteen to twenty -one last year has been the subject of ample public attention, leading to a saturation of notice throughout the community; and WHEREAS, some judges have interpreted the present ordinance as requiring proof on the part of the City that notice was posted at every entrance of the liquor license establishment in order for any underage patron inside to be convicted of this offense; and WHEREAS, the City wished to require establishments to post such notice, without making failure to do so a legal defense for underage patrons; 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 E, is hereby amended by deleting paragraph 1 in its entirety and replaced with the following language: 1. A person under the legal age who violates the provisions of subsection C of this section is guilty of a simple misdemeanor punishable as follows: a. For a first offense, a fine of three hundred dollars ($300.00). b. For a second offense, a fine of five hundred dollars ($500.00). c. For a third or subsequent offense, a fine of six hundred twenty-five dollars ($625.00). TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION D, is hereby amended by deleting the bold text under the heading "Notice to Persons Under The Legal Age." and replacing it as follows: You are subject to a fine ranging from $300 to $625 for being on these premises between the hours of 10:00 p.m. and closing unless: TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION D, is further amended by adding the following language to the end of Subsection D: The posting of this notice shall not be considered an element of the offense delineated in subsection C of this section, and failure by a liquor license establishment to post said notice shall not be considered a legal defense to such charge for a patron. 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. Ordinance No. 11 -4432 Page 2 SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1, 2011. Passed and approved this 7 th day of ,tune 2011. MAYOR Approved by C� City Attorney's Office Ordinance No. > > -4432 Page 3 It was moved by Champi on and seconded by Bailey 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 x Wright First Consideration 5/3/2011 Vote for passage: AYES: Wilburn, Bailey, Champion, Dickens. NAYS: Mims, Wright, Hayek. ABSENT: None. Second Consideration 911719Q11 Vote for passage: AYES: Champion,Dickens, Wilburn, Bailey. NAYS: Hayek, Mims, Wright. ABSNET: None. Date published 6tz CITY OF IOWA CITY F 11 MEMORANDUM Date: June 2, 2011 To: City Council From: Eleanor M. Dilkes, City Attorney Re: Non - commercial informational tables on the pedestrian mall I have addressed the First Amendment requirements regarding restrictions on the use of public space in the pedestrian mall and on downtown streets and sidewalks on other occasions in significant detail, most recently in connection with the regulation of solicitation and several years earlier in connection with more substantial revisions to city ordinances regarding use of streets and sidewalks. This memo will briefly address how the legal constraints imposed by the First Amendment have affected staff's proposed ordinance regarding the placement and use of tables in the ped. mall. In an attempt to make this short and understandable I will not be citing authority but can provide you with my earlier memos or a more comprehensive legal analysis upon request. Importantly, the Council has chosen, consistent with the First Amendment, to limit the places where "solicitation" is allowed in the downtown. The City Code defines "solicit" as "an immediate donation of money or other thing of value." The courts do not allow a distinction to be made between those who solicit donations for themselves and those who solicit donations for a charity. Therefore, the proposed ordinance regarding the use of tables does not allow solicitation at the tables regardless of who is doing the solicitation. 2. The City has for many years regulated the commercial activity on the downtown streets and sidewalks and is entitled to do so. Commercial activity is prohibited in the ped. mall and on sidewalks unless specifically allowed by ordinance (e.g. sidewalk cafes, ambulatory vendors, mobile vendors). The government is given far greater discretion to regulate commercial speech than other fully protected forms of speech such as political speech. The proposed ordinance allows the tables to be used for providing non - commercial information to the public. It is not always simple to distinguish between commercial and non - commercial speech and the courts have looked at a number of factors. The proposed ordinance seeks to provide guidance to the public and staff consistent with court rulings that have addressed the issue. 3. While tables have at times been allowed on the ped. mall currently there is no ordinance that addresses the placement of tables. It is important that administrators be given clear guidance on what is and is not allowed in a public forum so that discretion is limited. cc: Tom Markus, City Manager Dale Helling, Assistant City Manager Kathi Johansen, Admin. Asst. Marian Karr, City Clerk Sue Dulek, Asst. City Attorney Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY, CHAPTER 4, ENTITLED, "NOISE CONTROL," AND TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTERS 1 AND 6, TO ESTABLISH A PERMIT SY ENTITLED FOR AMPLIFIED SOUND ON CITY PLAZA, TO ESTABLISH A PERMIT SY EM FOR INFORMATION TABLES ON CITY PLAZA, AND TO ALLOW CERT PUBLIC ASSEMBLY /PARADE PERMIT ES TO SELL GOODS AND SERVICE AND USE AMPLIFIED SOUND. WHEREAS, regulating the public right -o way by commercial businesses ensures a safe movement of pedestrians and fair commercial use of., fight -of -way; WHEREAS, limiting commercial activity on City Plaza supports the do town merchants and enhances the economic vitality of the downtow WHEREAS, limitations on selling goods a d services and placing table on City Plaza should be consistent with the limitations on soliciting, a /k/a anhandling; WHEREAS, limiting amplified sound to Black awk Mini Park and the s ge south of the fountain eliminates the need for electrical cords to be plac on City Plaza and en nces the free flow of pedestrian traffic; and WHEREAS, it is in the City's interest to adopt t is ordinance. NOW, THEREFORE, BE IT ORDAINED BY TH CITY COUNCI OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Pro ert Assemblies," Section 2, entitled "Permit and Compli nc following new Subsections E and F as follows: E. No parade or public assembly permittee m y reasonably expects to draw more than 500 persons o similar area within the downtown; and b) is a corn vitality of the downtown. Downtown is defined in sectio F. No parade or public assembly permittee ma criteria set forth in Subsection E above or a busi s: musicians to perform on the sidewalk in fron of the sir 2. Title 10, entitled "Public Ways and pt ," Cl "Use of City Plaza," is hereby amended by addin the fol H. The City Manager or designee is authors d to iss subject to the following conditions: 1. Use is limited to 12:00 p.m. t 1:00 p.m. Cha er 1, entitled "Parades and Public Req red," is hereby amended by adding the sell a good or a service unless the event: a) Kt-'2' py a substantial area within City Plaza or a ide attraction that supports the economic of this code. ise amplified sound unless it either meets the I located in the downtown obtains a permit for and Fridays and 10:00 a.m. to 9. 0 p.m. on Saturc 2. The location is limited to B ck Hawk Mini Par 3. No sale, transfer, or assi nment of the amplifi consent of the City; 4. No sign or advertisem nt is allowed except for av 5. The City Manager or esignee shall grant the per the application. If th permit is denied, the City Mz reasons therefore ithin three (3) working days of �r 5, entitled "City Plaza," Section 7, entitled g new Subsections H and I: permit for amplified sound on City Plaza 00 p.m. to 9:30 p.m. on Mondays through ays and Sundays; and the stage south of the fountain; sound permit is allowed without written n identifying the permittee; t if the applicant has fully completed ager or designee shall state the to application being filed. 6. The City Manag or designee may revoke the perms if: a. It is determined that the permittee has misstated a material fact in the application; b. There is a substantial and material variance betwee . the information in the application and the actual facts or those facts which appear reasonably to have occurred; or c. The permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law. 7. The process for appeals of a denial or revocation of the permit shall be the same as for a parade /public assembly permit. No person shall use amplified sound in City Plaza except as authorized in this Title. 3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "City Plaza Use Permits," is hereby amended by adding the following new Subsection D: The City Manager or designee is authorized to grant a permit for the placement of an information table in City Plaza subject to the following conditions: 1. The location is limited to an area demarcated by the City Manager in Black Hawk Mini Park. 2. The size of the table shall not exceed three feet (T) by three feet (3'). 3. The maximum number of tables per day is four (4). 4. Soliciting as defined in section 8 -5 -2 of this code is prohibited. 5. The purpose of the table is limilr d" to providing non - commercial information to the general public. Information containing c mercial and non - commercial information i allowed if the commercial information is chara eristically intertwined with non- commercia information. Non - commercial information is in rmation that is of public concern or that onveys political, social, religious, or philosophical essages. Commercial information is) formation proposing the exchange of goods r services for money or other co�If. eration. 6. Commercial activity is prohibited. 7. Goods or services cannot be provid�d or demonstrated. CoIlectio ign atures incident to provision of information, including bu not limited to gathering si atures for a petition or registering persons to vote, shall not a considered a service. 8. The City Manager or designee shall g ant the permit if the apgpplicant has fully completed the application. If the permit is denied, the City Manager or de '(gnee shall state the reasons therefore within three (3) working days of the application eing filed. 9. The City Manager or designee, or the ity Council if is ed following an appeal, may revoke a permit if: a. It is determined that the permittee h s misstate any material fact in the application; b. There is a substantial and material v riance b tween the information in the application and the actual facts or those facts w 'ch ap , ear reasonably to have occurred; or c. The permittee is operating in violation of t terms and conditions of the permit or local, state, or federal law. 10. The process for appeals of a denial or rev ation of the permit shall be the same as for a parade /public assembly permit. 4. Title 10, entitled "Public Ways and Property C pter 5, entitled "City Plaza," Section 2, entitled "Definitions," is hereby amended by adding the following ew definition: Commercial: The exchange of goods orr/eservices for money or other consideration. 5. Title 6, entitled "Public Health and Safety," Chapt r 4, entitled "Noise Control," Section 5, entitled "Exceptions to Provisions," is hereby amendep by adding new Subsection N as follows: Any person emitting sound pursuan�to a permit un er Title 10 of this code. SECTION Il. REPEALER. All ordinances and parts of o dinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR V OLATION. The viol tion of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision o part of the Ordinance shall be adjudged to be invalid or unconstitutional, such,adjudication shall not affect a validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unco stitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in ffect after its final passage, approval and publication, as provided by law./ Passed and approved this day of 1201 . MAYOR Approve � ATTEST: l CITY CLERK City Attorney 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 6/7/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published r pr CITY OF IOWA CITY 12 d;011 MEMORANDUM Date: May 31, 2011 To: City Council From: Eric Goers, Assistant City Attorney Re: Fireworks Ordinance Presently, the use of fireworks is illegal under City Code. However, discovering as much requires a review of City Title 7, adopting the International Fire Code, the amendments to said code in 7 -1 -2, and finally a review of section 3301.1.3 of the International Fire Code. Violations are presently punishable by either criminal citations or municipal infractions. At the request of the Police Department, I have drafted a stand -alone ordinance to simplify the ordinance for the benefit of both law enforcement and the public, making it a simple misdemeanor. The Proposed ordinance contains no substantive changes to the present law. Staff recommends expedited review in order to make the ordinance effective prior to the July 4th holiday. Should you have any questions regarding this matter, please do not hesitate to contact me. CC: Tom Markus, City Manager Dale Helling, Assistant City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Sam Hargadine, Police Chief Jim Steffen, Police Captain Andy Rocca, Fire Chief Roger Jensen, Deputy Fire Chief John Grier, Fire Marshal Prepared by Eric R. Goers, Asst. City Attorney and Marie Sullivan, City Attorney Legal Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030. ORDINANCE NO. AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 5, MISCELLANEOUS OFFENSES, TO ADD A NEW SECTION 12, ENTITLED "FIREWORKS." WHEREAS, the City presently prohibits most use of fireworks, but only through adoption of, and amendment to, the International Fire Code; and WHEREAS, the Iowa City Police Department wishes to have a stand -alone ordinance; and WHEREAS, the City desires to encourage fire safety and abate nuisances by controlling the use and possession of fireworks; and WHEREAS, the City finds that this ordinance is necessary to preserve the public health, safety, and welfare by specifying certain regulations and requirements for the use, possession, sale and display of fireworks in the City of Iowa City; 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: SECTION I. AMENDMENTS. 8 -5 -12: FIREWORKS: A. Definition: The term 'reworks" includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes, but is not limited to, blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other products of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term "fireworks" does not include goldstar- producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols. B. Prohibitions: It shall be unlawful for any person, firm, partnership, or corporation to possess, store, offer for sale, expose for sale, sell as retail, or use or explode any fireworks within the corporate limits of the City of Iowa City. C. Exception: Nothing in this section shall be construed to prohibit any resident wholesaler, dealer, manufacturer, or jobber to sell at wholesale such fireworks as are not prohibited in this article or the sale of any kind of fireworks, provided the fireworks are to be shipped directly out of state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection 8.5.12(B) shall not apply to any fair associations, amusement parks, and other organizations or groups of individuals who have applied in writing and have received written permission for the display of fireworks from the Fire Marshal of the City of Iowa City when the fireworks display will be handled by a competent operator. Sales of fireworks for such display may be made for that purpose only. E. Seizure of fireworks: The code official or authorized official shall seize, take, remove or cause to be removed at the expense of the owner all fireworks possessed, stored, offered for sale, exposed for sale, sold as retail, or held in violation of this section. F. Penalty: Any person, firm, partnership or corporation found in violation of the provisions of this section shall be guilty of a simple misdemeanor. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. SECTION II REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2011. MAYOR ATTEST: CITY CLERK Approved by J ' - / /� City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 6/7/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published