HomeMy WebLinkAbout2011-06-21 OrdinancePrepared by: Christina Kuecker, Assoc. Planner, 410 E
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY
LOCATED AT 1014, 016, AND 1022 HUDSON AVENUE FROM ME UM DENSITY SINGLE
FAMILY (RS -8) ZONE`TO COMMUNITY COMMERCIAL (CC -2) ZONE. (RE11- 00008)
WHEREAS, Ransh w Limited Partnership is the legal title holder f property located at 1022
Hudson Avenue, Iowa City, I wa and Shirken LLC is the legal title holder of roperty located at 1014 and
1016 Hudson Avenue, Iowa C y, Iowa; and
WHEREAS, Ranshaw Limit d Partnership has requested a rezoning of these properties from Medium
Density Single Family (RS -8) zon to Community Commercial (CC -2) zo ;and
WHEREAS, the Comprehensi a Plan indicates that the area is app priate for general commercial uses;
and
WHEREAS, the Planning an Zoning Commission has
determined that it complies with the Comprehensive Plan prov
need for neighborhood compatibility, revention of commercial
screening between commercial and re 'dential uses; and
WHEREAS, Iowa Code §414.5 ( 011) provides that th
conditions on granting an applicant's r zoning request, ov r
satisfy public needs caused by the requ sted change; and
the eviewed the proposed rezoning and
de that it meets conditions addressing the
affic in the residential neighborhood, and
City of Iowa City may impose reasonable
and above existing regulations, in order to
WHEREAS, Ranshaw Limited Partne ship and Shirke LLC (collectively "the owners ") have agreed that
the properties shall be developed in acc rdance /devel terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appr hate ent in this area of the city.
NOW , THEREFORE, BE IT ORDAIN D BITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the ondning Agreement attached hereto and incorporated
herein, property described below is hereby re ass its current zoning designation of RS -8 to CC -2:
LOT 16, 17, 18, AND 10 OF BAILEY AND ECK'S ADDITION, IOWA CITY, JOHNSON COUNTY,
IOWA, IN ACCORDANCE WITH THE P THEREOF RECORDED IN PLAT BOOK 3, AT PAGE
161, IN THE RECORDS OF THE JO N ON COUNTY RECORDER'S OFFICE, EXCEPTING
THEREFROM, ALL THAT PART OF AID T 19 LYING SOUTHERLY OF A LINE BEGINNING
AT A POINT N2 °38.5'W, 5.1 FT FRO THE E CORNER OF SAID LOT 19, ON THE EAST LINE
THERE OF; THENCE S88 °33.75' 124.5 T.; THENCE N32 °53.5W, 23.2 FT TO A POINT
N3 °09.5'W, 20.6 FT FROM THE S CORNER F SAID LOT 19, ON THE WEST LINE THEREOF.
SAID RESULTANT TRACT O LAND CO TAINS 0.69 ACRES AND IS SUBJECT TO
EASEMENTS AND RESTRICTI S OF RECOR .
SECTION II. ZONING MAP. T e building official is h reby authorized and directed to change the zoning
map of the City of Iowa City, to a, to conform to this a endment upon the final passage, approval and
publication of the ordinance as a roved by law.
SECTION III CONDITIONAL ZONING AGREEMENT. a mayor is hereby authorized and directed to
sign, and the City Clerk attest/the Conditional Zoning Agree ent between the property owner(s) and the
City, following passage and ap roval of this Ordinance.
SECTION IV CERTIFICATION AND RECORDING. Upon pa age and approval of the Ordinance, the
City Clerk is hereby authed and directed to certify a copy of this dinance, and record the same in the
Office of the County Recr, Johnson County, Iowa, at Ranshaw Limite artnership's expense, upon the
final passage, approval 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.
0
Washington St, Iowa City, IA; 319 -356=
(F�Y11 -0)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY
LOCATED AT 1014, 016, AND 1022 HUDSON AVENUE FROM ME UM DENSITY SINGLE
FAMILY (RS -8) ZONE`TO COMMUNITY COMMERCIAL (CC -2) ZONE. (RE11- 00008)
WHEREAS, Ransh w Limited Partnership is the legal title holder f property located at 1022
Hudson Avenue, Iowa City, I wa and Shirken LLC is the legal title holder of roperty located at 1014 and
1016 Hudson Avenue, Iowa C y, Iowa; and
WHEREAS, Ranshaw Limit d Partnership has requested a rezoning of these properties from Medium
Density Single Family (RS -8) zon to Community Commercial (CC -2) zo ;and
WHEREAS, the Comprehensi a Plan indicates that the area is app priate for general commercial uses;
and
WHEREAS, the Planning an Zoning Commission has
determined that it complies with the Comprehensive Plan prov
need for neighborhood compatibility, revention of commercial
screening between commercial and re 'dential uses; and
WHEREAS, Iowa Code §414.5 ( 011) provides that th
conditions on granting an applicant's r zoning request, ov r
satisfy public needs caused by the requ sted change; and
the eviewed the proposed rezoning and
de that it meets conditions addressing the
affic in the residential neighborhood, and
City of Iowa City may impose reasonable
and above existing regulations, in order to
WHEREAS, Ranshaw Limited Partne ship and Shirke LLC (collectively "the owners ") have agreed that
the properties shall be developed in acc rdance /devel terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appr hate ent in this area of the city.
NOW , THEREFORE, BE IT ORDAIN D BITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the ondning Agreement attached hereto and incorporated
herein, property described below is hereby re ass its current zoning designation of RS -8 to CC -2:
LOT 16, 17, 18, AND 10 OF BAILEY AND ECK'S ADDITION, IOWA CITY, JOHNSON COUNTY,
IOWA, IN ACCORDANCE WITH THE P THEREOF RECORDED IN PLAT BOOK 3, AT PAGE
161, IN THE RECORDS OF THE JO N ON COUNTY RECORDER'S OFFICE, EXCEPTING
THEREFROM, ALL THAT PART OF AID T 19 LYING SOUTHERLY OF A LINE BEGINNING
AT A POINT N2 °38.5'W, 5.1 FT FRO THE E CORNER OF SAID LOT 19, ON THE EAST LINE
THERE OF; THENCE S88 °33.75' 124.5 T.; THENCE N32 °53.5W, 23.2 FT TO A POINT
N3 °09.5'W, 20.6 FT FROM THE S CORNER F SAID LOT 19, ON THE WEST LINE THEREOF.
SAID RESULTANT TRACT O LAND CO TAINS 0.69 ACRES AND IS SUBJECT TO
EASEMENTS AND RESTRICTI S OF RECOR .
SECTION II. ZONING MAP. T e building official is h reby authorized and directed to change the zoning
map of the City of Iowa City, to a, to conform to this a endment upon the final passage, approval and
publication of the ordinance as a roved by law.
SECTION III CONDITIONAL ZONING AGREEMENT. a mayor is hereby authorized and directed to
sign, and the City Clerk attest/the Conditional Zoning Agree ent between the property owner(s) and the
City, following passage and ap roval of this Ordinance.
SECTION IV CERTIFICATION AND RECORDING. Upon pa age and approval of the Ordinance, the
City Clerk is hereby authed and directed to certify a copy of this dinance, and record the same in the
Office of the County Recr, Johnson County, Iowa, at Ranshaw Limite artnership's expense, upon the
final passage, approval 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.
Ordinance No.
Page 2
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 a er its final passage, approval
and publication, as provided by law.
Passed and approved this day , 2011.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
r
N
a
--y
INN-
06L.21 -1 L1
4c
Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.69 ACRES OF PROPERTY
LOCATED AT 1014, 1016, AND 1022 HUDSON AVENUE FROM MEDIUM DENSITY SINGLE
FAMILY (RS -8) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE. (REZ11- 00008)
WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at 1022 Hudson
Avenue, Iowa City, Iowa and Shirken LLC is the legal title holder of property located at 1014 and 1016
Hudson Avenue, Iowa City, Iowa; and
WHEREAS, Ranshaw Limited Partnership has requested a rezoning of these properties from Medium
Density Single Family (RS -8) zone to Community Commercial (CC -2) zone; and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for general commercial uses;
and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for neighborhood compatibility, prevention of commercial traffic in the residential neighborhood, and
screening between commercial and residential uses; 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, Ranshaw Limited Partnership and Shirken LLC (collectively "the owners ") have agreed that
the properties 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 -8 to CC -2:
LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY, JOHNSON COUNTY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 3, AT PAGE
161, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING
THEREFROM, ALL THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING
AT A POINT N2 °38.5'W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE EAST LINE
THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W, 23.2 FT TO A POINT
N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT 19, ON THE WEST LINE THEREOF.
SAID RESULTANT TRACT OF LAND CONTAINS 0.69 ACRES AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. 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(s) and the
City, following passage and approval of this Ordinance.
Ordinance No.
Page 2
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 Ranshaw Limited Partnership'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 12011.
MAYOR
ATTEST:
CITY CLERK
Approved by
c, ,•_cam �,��ruv
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
that the Ordinance
First Consideration 6/21/2011
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Christina Kuecker, Assoc. Planner, 410 E. Washington St, Iowa City, IA; 319 - 356 -5243 (REZ11- 00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City ") and Ranshaw Limited Partnership and Shirken LLC (hereinafter collectively
"Owners ").
WHEREAS, Ranshaw Limited Partnership is the legal title holder of property located at
1022 Hudson Avenue, Iowa City, Iowa; and
WHEREAS, Shirken LLC is the the legal title holderof property located at 1014 and 1016
Hudson Avenue, Iowa City, Iowa; and
WHEREAS, the Owners have requested the rezoning of said properties from Medium
Density Single Family (RS -8) to Community Commercial (CC -2) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the need for neighborhood compatibility, prevention of commercial traffic in
the residential neighborhood, and screening between commercial and residential uses, 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 acknowledge that certain conditions and restrictions are
reasonable to ensure the development of these properties is consistent with the Comprehensive
Plan and the need for neighborhood compatibility, prevention of commercial traffic in the
residential neighborhood, and screening between commercial and residential uses; and
WHEREAS, the Owners agree to develop these properties 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:
Ranshaw Limited Partnership and Shirken LLC collectively are the legal title holders of
the property legally described as:
LOT 16, 17, 18, AND 10 OF BAILEY AND BECK'S ADDITION, IOWA CITY,
JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 3, AT PAGE 161, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE, EXCEPTING THEREFROM, ALL
THAT PART OF SAID LOT 19 LYING SOUTHERLY OF A LINE BEGINNING AT A
POINT N2 °385W, 5.1 FT FROM THE SE CORNER OF SAID LOT 19, ON THE
EAST LINE THERE OF; THENCE S88 °33.75'W, 124.5 FT.; THENCE N32 °53.5W,
23.2 FT TO A POINT N3 °09.5'W, 20.6 FT FROM THE SW CORNER OF SAID LOT
19, ON THE WEST LINE THEREOF. SAID RESULTANT, TRACT OF LAND
CONTAINS 0.69 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
2. The Owners acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest 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, Owners agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. No curb cut shall be allowed on to Hudson Avenue;
b. The building design and site plan shall be approved by the Staff Design Review
Committee to ensure compatibility with the neighborhood and the following criteria:
- A vegetative screen shall be planted along the northern boundary to the
residential zone to complement the building design and soften the appearance of
the northern elevation of any commercial building with use of ornamental or
evergreen trees;
- The north elevation of the commercial building shall be a more decorative wall
than the wall of the adjacent existing strip commercial building, with use of such
materials as a decorative masonry finish or a pattern within the masonry;
- The Hudson Avenue elevation shall not be a blank wall, but rather shall have a
more pedestrian - scaled building facade with features such as windows, awnings,
and bike and pedestrian access;
- The storefront design shall incorporate the use of traditional building materials
such as brick or wood.
4. The Owners 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 Owners 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners 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
2
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
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
2011.
BY:
+B
This instrument was acknowledged before me on
2011 by Matthew J
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)
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
3
On this 1 day of l)-Av: ,\ , A.D. 2011, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared K 4f,f 9 dn�l.a�. v o r r�c.H Rv� hd w, to me
personally known, who being by me duly sworn, did say thatl the person is
r (title) of
j, c eV 4--'e'5 and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of 'ad instru nt to be the voluntary
act and deed of said limited liability company by it un rilyX , ut ?d
�lA(S 6EWAMIN RYAN NICHOLSON
nrYcO,a °:a`o`;� Notary Pu c i a for ZeSt�ateof I owa
�04N Commission #722085
My commission expires:
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 2011, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared , to me personally
known, who being by me duly sworn, did say that the person is one of the partners of
, an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners; and the partner acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
4
Prepared by: Douglas
N
_ d
HIS, 410 E. Washington Street, to City, IA 52240; 31 -517
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CH
ARTICLE D, TEMPORARY USE , ADDING PROVISIO
COMMERCIAL USES AS A TE PORARY USE ALOt
CHAPTER 9, ENTITLED DEFINITIO S, TO ADD THE DEFII
WHEREAS, it is deemed that, wi
commercial uses should be allowed all g
WHEREAS, the Planning and Zon
allow for football game day temporary co
WHEREAS, it is in the public inter
Avenue on Iowa football game days and
NOW, THEREFORE, BE IT ORDA
IOWA:
SECTION I. AMENDMENT. Article D:
C
R 4, ENTITLED USA' REGgATIONS,
TO ALLOW FOOTBALL GAME DAY
MELROSE AVENUE AND AMENDING
�N OF TAILGATING.
appropriate perm' approval criteria, football game day temporary
Melrose Avenu on Iowa home football game days; and
ng Commission as recommended amending the zoning code to
mercial uses long Melrose Avenue; and
st to allow s ort -term temporary commercial uses along Melrose
stablish reg4lations thereof.
I ED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
ity Coe Title 14, Chapter 4 is hereby amended as follows:
a.) 14 -4D -2 Temporary Uses All ow' end the Iowa City Zoning Code Title 14- 4 -D -2, Temporary
Uses Allowed, to add the tempora se:
L. Football Game Day CommerAdth
b.) 14 -4D -3 Permit Required. AmIowa City Zoning Code Title 14 -4D -3, Permit Required, by
deleting the existing paragraph irety and replacing it with the following:
A temporary use permi/ia. uired for II temporary uses listed in subsection B, above, unless
specifically exempted. Tng and tail ate parking held on home Iowa football game days do
not require a TemporaPermit. Pro edures for obtaining a permit are contained in Article
14 -8B of this Title, Admive Approval roced.ures.
c.) 14 -4D-4 Approval Critmend the low City Zoning Code Title 1 4 -4D -4 to add additional
approval criteria for foot me day commer 'al vending.
H. Football Game Day Commercial Use
1. Display permit. Vendors must prominently displ the permit and it must be clearly viewable
from the public right -of -way.
2. Assignment angj .use by others. A vendor may not assign its space /permit to any other
vendors. !
t
f
3. Location. Ven,�ors are only allowed to locate along the Melrose Avenue street frontage
between the Iowa Interstate Railway right-of-way and Melrose Circle.
i
4. Setup/Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game
day and must tear down /remove all equipment and materials after each game.
Ordinance No.
Page 2
5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall
remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash
container with unfilled capacity at all times. Vendors with liquid waste (oil, gr se, grey water,
etc.) must provide disposal units for the waste. Commercial liquid waste sh not be placed in
gutters, port -a -johns or on the ground.
6. No blocking of sidewalk/right -of -way. No vendor shall block or obstrLXt the free movement of
pedestrians or vehicles on a sidewalk, street, or other public right- -way. Tents /stands must
be set back at least 2 feet from the back edge of public sidewalks
7. Signage. Vendor signage is only allowed on the vendor's sta /vehicle /tent and is not allowed
on utility poles across the public sidewalk, on buildings o as yard signs. No electrically lit
signs will be allowed.
8. Sales tax permit. Each vend r whose sales /arebcj t to sales tax must provide a copy of
their sales tax permit.
9. Insurance /indemnification. All ndors mus the City evidence of comprehensive
general li ability insurance of $5 0,000 per and $1,000,000 aggregate and must
indemnify the City against all da ages that rom the vendor's permitted temporary
commercial use and /or the vendo 's use of t ht -of -way.
10. Fire extinguishers. All vendors mot prov' a at least one five pound, 2A 10 BC extinguisher
that is functional and accessible at II ti s.
11. Health permits. All food vendors t secure necessary health permits from the Johnson
County Department of Health and pr minently display the permit so it is clearly viewable from
the public right -of -way.
12. Cooking tents. All tents used fo cook rig (regardless of size) must be approved by the Fire
Code /Building Official. Cooking ents wi I be required to be separated from other tents, parked
vehicles and lot lines. LP co tainers ceeding 96 pounds require approval from the Fire
Code /Building Official.
13. Tent size. All tents and mbrane struc ures having an area in excess of 400 square feet
shall not be erected or o rated for any p rpose without first obtaining approval from the Fire
Code /Building Official.
14. Alcohol. No alcohol is Ilowed to be 11
in conjunction with an temporary co
15. Utility Location. A y tents and me
attachments must all,the City for utility
comply with "one- II ", utility location req
or otherwise made available to the public
use.
rane structures using stakes or similar ground
catio at least 24 hours before setup. Vendors must
16. Violation of thesq provisions. Any violation
a civil citation an -loss of the temporary cc
games. The Cit4 also reserves the right to
for a minimum ot seven home games.
SECTION II. AMENDMENT. Article A: City Code Title 1
hJ
temporary use permit cone tons w&esult in
cil use permit for a minim46 f seven home
a temporary use permit foOtgoanr§locatioi
-; •....
Chapter 9 is hereby amen asAQllow
Ordinance No.
Page 3
a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the
definition of "tailgating ".
Tailgating: A home football game day informal social',qathering that is no commercial and may include
eating and drinking beverages (alcoholic or non- holic) as part of the a tivities. Temporary parking on
unimproved surfaces located on private property is allowed during tailgate events. No alcohol is sold at a
tailgate, nor is any admission fee charged, good sold or given away, nor ervices provided for a fee.
SECTION III. REPEALER. All ordinances a
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
invalid or unconstitutional, such adjudication shall
section, provision or part thereof not adjudged invali
SECTION V. EFFECTIVE DATE. This Ordina
publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Ap oved b `
City Attorney's Office
hisadm /ord /amend 14- 4D.doc
d parts of ordinances * conflict with the provisions of this
provision or part of a Ordinance shall be adjudged to be
of affect the valid' of the Ordinance as a whole or any
or unconstitutio al.
ce shall be in ffect after its final passage, approval and
20
r
d
Prepared by: Douglas Boothroy, HIS, 410 E. Washington Street, Iowa
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 4,
ARTICLE D, TEMPORARY SES, ADDING PROVISIONS TO �
COMMERCIAL USES AS A TEMPORARY USE WITH APPRO%
CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF
WHEREAS, it is deemed that, with appropriate permit appro,
commercial uses should be allowed ong Melrose Avenue on Iowa
WHEREAS, the Planning and Z ing Commission has recoi
allow for football game day temporary c mercial uses along Mel
WHEREAS, it is in the public inter t to allow short -term t r
Avenue on Iowa football game days and e ablish regulations th ec
NOW THEREFORE, BE IT ORDAIN BY THE CITY O
IOWA:
SECTION I. AMENDMENT. Article D: City
a.) 14 -413-2 Temporary Uses Allowed. Am
Uses Allowed, to add the temporary use:
L. Football Game Day Commercial Use
N
O
p�
City, IA 52240; �6 -1
_-
NTITLED UO REGIIIATIONS,
LOW FOOTBALL GAME
DAY
AL CRITERIA AND AMENDING
TAILGATING.
aI criteria, football game day temporary
i me football game days; and
mended amending the zoning code to
e Avenue, and
porary commercial uses along Melrose
UNCIL OF THE CITY OF IOWA CITY,
e Title 14,/Chapter 4 is hereby amended as follows:
the,/(owa City Zoning Code Title 14- 4 -D -2, Temporary
b.) 14 -413-3 Permit Required. Amend the wa City oning Code Title 14 -4D -3, Permit Required, by
deleting the existing paragraph in its enti rety and re acing it with the following:
A temporary use permit is require for all temporary ses listed in subsection B, above, unless
specifically exempted. Tailgating d tailgate parking h d on home Iowa football game days do
not require a Temporary Use P mit. Procedures for obt ining a permit are contained in Article
14 -8B of this Title, Administrativ Approval Procedures.
c.) 14 -413-4 Approval Criteria. Amend the Iowa City Zoning Co \Title 4 -4D -4 to add additional
approval criteria for football ame day commercial vending.
H. Football Game Day ommercial Use
1. Display permit. V ndors must prominently display the permust be clearly viewable
from the public r** ht -of -way.
2. Assignment and use by others. A vendor may not assign its spa a /permit to any other
vendors.
3. Location. Vendors are only allowed to locate along the Melrose Avem�e street frontage
between the Iowa Interstate Railway right -of -way and Melrose Circle.
4. Setup /Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game
day and must tear down /remove all equipment and materials after each game.
Ordinance No.
Page 2
N
O
5. Clean -up responsibility. All vendors must keep any area where they vencttter- free -and shall
remove litt r from any adjacent public property /right -of -way. Vendors slk�roe a tr
container wi unfilled capacity at all times. Vendors with liquid waste (oil, featse,-Ifey wafers
etc.) must pro de disposal units for the waste. Commercial liquid waste s�ll'�iot l,placf'cTin
gutters, port -a -j ns or on the ground. r-
4
6. No blocking of side alk /right -of -way. No vendor shall block or obstruct th meveme
pedestrians or vehic s on a sidewalk, street, or other public right -of -way. Tents /stMnds must
be set back at least 2�Pet from the back edge of public sidewalks. •,
7. Signage. Vendor signagd�,is only allowed on the vendor's stand /vehicle /tent and is not allowed
on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit
signs will be allowed.
8. Sales tax permit. Each vendor whose sales are subjec to sales tax must provide a copy of
their sales tax permit.
9. Insurance /indemnification. All ven6prs must provide the City evidence of comprehensive
general liability insurance of $500,00 per occurren e and $1,000,000 aggregate and must
indemnify the City against all damages that may res It from the vendor's permitted temporary
commercial use and /or the vendor's use of the publ' right -of -way.
10. Fire extinguishers. All vendors must prov e at I ast one five pound, 2A 10 BC extinguisher
that is functional and accessible at all times
11. Health permits. All food vendors must secu necessary health permits from the Johnson
County Department of Health and prom inen isplay the permit so it is clearly viewable from
the public right -of -way.
12. Cooking tents. All tents used for cookin (regar ess of size) must be approved by the Fire
Code /Building Official. Cooking tents wil be requir d to be separated from other tents, parked
vehicles and lot lines. LP containers xceeding 9 pounds require approval from the Fire
Code /Building Official.
13. Tent size. All tents and membran structures having n area in excess of 400 square feet
shall not be erected or operated f any purpose witho first obtaining approval from the Fire
Code /Building Official.
14. Alcohol. No alcohol is allowed be sold, dispensed or oth rwise made available to the public
in conjunction with any tempo r ry commercial use.
15. Utility Location. Any tent and membrane structures u ing stakes or similar ground
attachments must call the ity for utility location at least 24 h urs before setup. Vendors must
comply with "one- call" util' y location requirements.
16. Violation of these provi ions. Any violation of the temporary use permit conditions will result in
a civil citation and los of the temporary commercial use permit r a minimum of seven home
games. The City als reserves the right to deny a temporary use permit for the same location
for a minimum of ven home games.
SECTION II. AMENDMENT. Article A: City Code Title 14, Chapter 9 is hereby amended as follows.
Ordinance No.
Page 3
a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the
definition of "tailgating ".
Tailgating: A ho football game day informal social gathering that is non - commercial and may include
eating and drinkieverages (alcoholic or non - alcoholic) as part f the activities. Temporary parking on
unimproved surfaces located on private property is allowed during ailgate events. No alcohol is sold at a
tailgate, nor is any admission fee charged, goods sold or given a ay, nor services provided for a fee.
SECTION III. REPEALER. All ordinances and parts of ordi ances in conflict with the provisions of this
Ordinance are hereby repealed:..
SECTION IV. SEVERABILITY. If any section, provision part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affec he validity of the Ordinance as a whole or any
section, provision or part thereof not 4judged invalid or un onstitutional.
SECTION V. EFFECTIVE DATE. \This Ordinance all be in effect after its final passage, approval and
publication, as provided by law. \
Passed and approved this day d# 20
MAYOR
ATTEST:
CITY CLERK
App oved by
City Attorney's Office rl. ;7 -7
hisadm /ord /amend 14- 4D.doc
c�
�-�
i
..-i;
ce
�r-
CCn
M
:"
as
Prepared by: Douglas Boothroy, HIS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5121
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 4, ENTITLED USE REGULATIONS,
ARTICLE D, TEMPORARY USES, ADDING PROVISIONS TO ALLOW FOOTBALL GAME DAY
COMMERCIAL USES AS A TEMPORARY USE ALONG MELROSE AVENUE AND AMENDING
CHAPTER 9, ENTITLED DEFINITIONS, TO ADD THE DEFINITION OF TAILGATING.
WHEREAS, it is deemed that, with appropriate permit approval criteria, football game day temporary
commercial uses should be allowed along Melrose Avenue on Iowa home football game days; and
WHEREAS, the Planning and Zoning Commission has recommended amending the zoning code to
allow for football game day temporary commercial uses along Melrose Avenue; and
WHEREAS, it is in the public interest to allow short-term temporary commercial uses along Melrose
Avenue on Iowa football game days and establish regulations thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Article D: City Code Title 14, Chapter 4 is hereby amended as follows:
a.) 14 -4D -2 Temporary Uses Allowed. Amend the Iowa City Zoning Code Title 14- 4 -D -2, Temporary
Uses Allowed, to add the temporary use:
L. Football Game Day Commercial Use
b.) 14 -4D -3 Permit Required. Amend the Iowa City Zoning Code Title 14 -4D -3, Permit Required, by
deleting the existing paragraph in its entirety and replacing it with the following:
A temporary use permit is required for all temporary uses listed in subsection B, above, unless
specifically exempted. Tailgating and tailgate parking held on home Iowa football game days do
not require a Temporary Use Permit. Procedures for obtaining a permit are contained in Article
14 -8B of this Title, Administrative Approval Procedures.
c.) 14 -4D-4 Approval Criteria. Amend the Iowa City Zoning Code Title 14 -4D -4 to add additional
approval criteria for football game day commercial vending.
H. Football Game Day Commercial Use
1. Display permit. Vendors must prominently display the permit and it must be clearly viewable
from the public right -of -way.
2. Assignment and use by others. A vendor may not assign its space /permit to any other
vendors.
3. Location. Vendors are only allowed to locate along the Melrose Avenue street frontage
between the Iowa Interstate Railway right-of-way and Melrose Circle.
4. Setup/Teardown. Vendors are not allowed to set up before 10:00 a.m. the day before game
day and must tear down /remove all equipment and materials after each game.
Ordinance No.
Page 2
5. Clean -up responsibility. All vendors must keep any area where they vend litter -free and shall
remove litter from any adjacent public property /right -of -way. Vendors shall provide a trash
container with unfilled capacity at all times. Vendors with liquid waste (oil, grease, grey water,
etc.) must provide disposal units for the waste. Commercial liquid waste shall not be placed in
gutters, port-a -johns or on the ground.
6. No blocking of sidewalk/right -of -way. No vendor shall block or obstruct the free movement of
pedestrians or vehicles on a sidewalk, street, or other public right -of -way. Tents /stands must
be set back at least 2 feet from the back edge of public sidewalks.
7. Signage. Vendor signage is only allowed on the vendor's stand /vehicle /tent and is not allowed
on utility poles across the public sidewalk, on buildings or as yard signs. No electrically lit
signs will be allowed.
8. Sales tax permit. Each vendor whose sales are subject to sales tax must provide a copy of
their sales tax permit.
9. Insurance /indemnification. All vendors must provide to the City evidence of comprehensive
general liability insurance of $500,000 per occurrence and $1,000,000 aggregate and must
indemnify the City against all damages that may result from the vendor's permitted temporary
commercial use and /or the vendor's use of the public right -of -way.
10. Fire extinguishers. All vendors must provide at least one five pound, 2A 10 BC extinguisher
that is functional and accessible at all times.
11. Health permits. All food vendors must secure necessary health permits from the Johnson
County Department of Health and prominently display the permit so it is clearly viewable from
the public right -of -way.
12. Cooking tents. All tents used for cooking (regardless of size) must be approved by the Fire
Code /Building Official. Cooking tents will be required to be separated from other tents, parked
vehicles and lot lines. LP containers exceeding 96 pounds require approval from the Fire
Code /Building Official.
13. Tent size. All tents and membrane structures having an area in excess of 400 square feet
shall not be erected or operated for any purpose without first obtaining approval from the Fire
Code /Building Official.
14. Alcohol. No alcohol is allowed to be sold, dispensed or otherwise made available to the public
in conjunction with any temporary commercial use.
15. Utility Location. Any tents and membrane structures using stakes or similar ground
attachments must call the City for utility location at least 24 hours before setup. Vendors must
comply with "one- call" utility location requirements.
16. Violation of these provisions. Any violation of the temporary use permit conditions will result in
a civil citation and loss of the temporary commercial use permit for a minimum of seven home
games. The City also reserves the right to deny a temporary use permit for the same location
for a minimum of seven home games.
SECTION II. AMENDMENT. Article A: City Code Title 14, Chapter 9 is hereby amended as follows.
Ordinance No.
Page 3
a.) 14 -9A Definitions. Amend the Iowa City Zoning Code Title 14 -9A, Definitions, to add the
definition of "tailgating ".
Tailgating: A home football game day informal social gathering that is non - commercial and may include
eating and drinking beverages (alcoholic or non - alcoholic) as part of the activities. Temporary parking on
unimproved surfaces located on private property is allowed during tailgate events. No alcohol is sold at a
tailgate, nor is any admission fee charged, goods sold or given away, nor services provided for a fee.
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, as provided by law.
Passed and approved this day of 120
MAYOR
ATTEST:
CITY CLERK
Ap oved b
/V
City Attorney's Office
h isadm /ord /amendl 4-4 D.doc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 6/21/2011
Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion.
NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243
(REZ11- 00001)
ORDINANCE NO. 11 -4433
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. 11 _441
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 21st day of June , 20 11
ATTEST:
CI -CLERK
Approved by
City Attorney's Office S,tr If
Ordinance No. 11 -4433
Page 3
It was moved by Champion and seconded by Dickens that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
-- Bailey
x Champion
x Dickens
—X — Hayek
x Mims
x Wilburn
-_ Wright
First Consideration
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Second Consideration 6/7/9011
Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey.
NAYS: None. ABSENT: None.
Date published 6/29/201.1
Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243
(REZ11- 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 033'02 "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 .11 day of Uuy6 20/.
CITY OF IOWA CITY
:d �
Matthew J. Hayek, Mayor
Attest: ll
Mari . Karr, City Clerk
Approved by:
2
OWNER:
Robert W. Stevens Revocable Trust
BY: Shirley /. cannor, Trustee
Dorothy L. Stevens Revocable Trust
i
BY: Shirley Adlonnor, Trustee v
I-, 9 : � at
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
l
ZZ
Shirley A. Co nor
Judith /GGJ/a�b�rielll
Robert W. Stevens }
d'a'mes E. Stevens
APPLICANT
Rochester Ridge, L.L.C.
B
This instrument was acknowledged before me on .,PF- 41 , 2011 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
oA�s SONDRAE FORT
r
Commission Number 159791
My Com ission Expires
. ow 3 7 o2D
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ROBERT W. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of. — Lecy�`''
(County) of �ohrzSD
On this day of fi h- , 20d, this instrument was acknowledged before me by
r/e W 6'onnoi, as Tr- stee of the Robert W. Stevens Revocable Trust.
Notary Public in and for the State of�ww
My commission expires:
i 4111ttsxMil KELLIE K. TUTTLE
Commi ssion Number 221819
My C miss' n Expires
_ _ /
3
DOROTHY L. STEVENS REVOCABLE TRUST ACKNOWLEDGEMENT
State of ... -��-
(County)
On this /fit day of 20/ � , this instrument was acknowledged before me by
�j as Trustee of the Dorothy L. Stevens Revocable Trust.
Notary Public in and for the State of
My commission expires:
w� s KELLIE K. TUTTLE
Z r Commission Number 221819
INDIVIDUAL ACKNOWLEDGEMENT: k".• My issi �p'res
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of ✓2 , 20 J /, before me, the undersigned, a
Not a Public in and for said County, i aid State, personally appeared h��l .A
r-) o Y" , to me known to be the identical persons named in and o 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 )
KELLIE K. TUTTLE
o :" = ,Comm ission Number 221819
My Com issi " Ex ires
On this day of , 20 / / , before me, the undersigned, a
No ry Public in and for said County, in d State, personally appeared ��c /iL z-
( `'7 r /�_. f , to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that he/ e he executed the same as
his/ their voluntary act and deed.
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
Notary Public in and for the State of Iowa
My commission expires
El
r KELLIE K. TUTTLE
�° ; Commission Number 221819
My 71ros
•
et 'o
JOHNSON COUNTY )
On this % a- day of 20 , before m the undersigned, a
Notary Public in and for said County, ins Id State, personally appeared��P/
-,_S 77-e y-e r� S , to me known to be the identical person(s) 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.
Notary Public in and for the State of Iowa
My commission expires:
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
os�Qia< KELLIE K. TUTTLE
Commission Number 221819
,k P.ry Corpmis / n xpires
On this / day of 20 before 71 t undersigned, a
Not ' Public in and for said County, said State, personally appeared- ��l��f fib
to me known to be the identical pers nLs) named in and who executed
the within and foregoing instrument, and acknowledged that he she /the executed the same as
(his /her /their) voluntary act and deed.
�PR1At s TIMOTHY C. BERNEMANN
o y Commission Number 747091
_* My Commission Expires
lowP August 23, 2012.
Notary Public in ang for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this -42?4� day of � A.D. 20 ) / , before me, the undersigned, a Notary
Pub is in and forr the State of Iowa, personally appeared
-- (if C `f. 'IQ , to me personally known, who being by me duly sworn,
did say that the -person is /� rn 6e_� (title) of
_: OOG ies r / / L-C ,and that said instrument was signed on behalf of the
said limited liability ompany by authority of its managers and the said
me'-x_. T 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: �m K
m EisLsLioIE n , KNiJus. Tmio U beTEr Tx 2Lp2' E 1e
8s
19
5
+ ,
M�
Prepared by: Tabatha Ries - Miller, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO. 11 -4434
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 14-2F-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 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 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, 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. _I1-4A"4
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 21st'dayof June '2011.
IA4
MAYOR
Approved by
City Attorney's Office �/
ATTEST:
CITY S-6€RK
Ordinance No. 11 -4434
Page 3
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:
ABSTAIN:
_ x Bailey
x Champion
�_ Dickens
x Hayek
x Mims
Wilburn x
x Wright
First Consideration 5/17/2011-
Voteforpassage: 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 6/29/2011
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
ppd8dmlagttrez1 l -00006 conditional zoning agreement.doc 1
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 a/ `day of �uia E , 20 I j_.
CITY OF IOWA CITY Owner:
j North a s, LLC
4N n —�
ppdadmlagt/rez77 -00006 conditional zoning agreement.doc 2
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office l tj Ii
31
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA }
) ss:
JOHNSON COUNTY )
5�
On this d/ day of --JuA 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.
,S A SONDRAE FORT
z° t Commission Number 159791
My Commission Expires
IS
North Dodge Partners, L.L.C.:
STATE OF IOWA }
) ss:
JOHNSON COUNTY )
S"dnak- F.-4
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
On this � day of Mrs 20 i I , before me, the undersigned, a Notary Public
in and for the State of Iowa, pe sonally appeared _Vej: � .01 c,,,r, , to me
personally known, who being by me duly sworn, did say that the person is
t'Y\ a ") n ,,,- (title) of North Dodge Partners, LLC, and that said instrument
was signed on b alf 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.
ppdadmlagUrezl 1 -00006 conditional zoning agreement.doc 3
NdIMW 9W • �►
Notary ublic in and for said County and State
CpM111ilbn No. 726808:
MyComrniWpC" FpbW OZ 2013 (Stamp or Seal)
Title (and Rank)
Iowa City Community School District:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 16 day of MaA4 20 WI b ore me, un ersigned, a Notary Public
in and for the State of Iowa, p rsonally appeared 1� ?i/�s , to me
ne TQ rsonally own, Who being by me duly sworn, did say that the person is
6 � pit Wes I o6.6414- (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 J.J. C�iY
MC yy cim �iow E at
Notary PublicQjand for said County and State
(Stamp or Seal)
Title (and Rank)
ppdadm/agUrez11 -00006 condilional zoning agreemenl.doc 4
Cs
K^ t , ff.-
FrAl
Ilk
Id.
U5.4-
� UN
I gp
�s
-
I gp
Prepared by: Ed Moreno, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5162
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION
MAIN, ARTICLE C, SECTION 3.
WHEREAS, the Water Division recommends amending the City Ordinanc – Section 16 -3C -3 to
address water service main nance and shutoff issues to multi - family units with my one stop box and
multiple meters and to allow ore flexibility for the owner with regard to the billin for existing multi - family
units with no common utility sp ce; and
WHEREAS, any agreements e tered into between the Public Works Director an owners of existing multi-
family units without a common u 'lity space should address access, liability and bil ng concerns.
NOW, THEREFORE, BE I ORDAINED BY THE CITY COUNCIL OF HE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. end Iowa City code of Ordinance 16- -3 "Connection to Distribution
Water Main" accordingly:
1. Delete 16- 3C- 3(B)(5)(b) in its ent \rety and replace with the
b. if an existing building is modifiey to provide two (2) or more d al purpose water meters and is served
by only one service line and one utside stop box, the ac co nt holder shall provide a common utility
space with outside access.
2. Add the following subsection to 16 -3C- (B)(5):
c. For those buildings so modified be een January 30, 996 and July 1, 2011, where no common utility
space with outside access is available, the account(s) ttributable to the stop box shall be placed in the
property owner's name, unless otherwis agreed upo in writing by the Public Works Director.
SECTION III. REPEALER. All ordinanc s and
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any sects n,
invalid or unconstitutional, such adjudication sh I
section, provision or part thereof not adjudged inv is
SECTION V. EFFECTIVE DATE. This Or in
publication, as provided by law.
Passed and approved this day of
of ordinances in conflict with the provisions of this
-ovision or part of the Ordinance shall be adjudged to be
t affect the validity of the Ordinance as a whole or any
or unconstitutional.
-e shall be in effect after its final passage, approval and
r�
MAYOR %
ATTEST:
CITY CLERK i
Approved by
_
N
O
Ci y Attorney's Office
C-)
—t c-a
hisadm /ord /amendl4- 4D.doc
�...,,
Prepared by: Ed Moreno, Public Works, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5162
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 16, CHAPTER 3, CONNECTION TO DISTRIBUTION
MAIN, ARTICLE C, SECTION 3.
WHEREAS, the Water Division recommends amending the City Ordinance — Section 16 -3C -3 to
address water service maintenance and shutoff issues to multi - family units with only one stop box and
multiple meters and to allow more flexibility for the owner with regard to the billing for existing multi - family
units with no common utility space; and
WHEREAS, any agreements entered into between the Public Works Director and owners of existing multi-
family units without a common utility space should address access, liability and billing concerns.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Amend Iowa City code of Ordinance 16 -3C -3 "Connection to Distribution
Water Main" accordingly:
1. Delete 16- 3C- 3(B)(5)(b) in its entirety and replace with the following:
b. If an existing building is modified to provide two (2) or more dual purpose water meters and is served
by only one service line and one outside stop box, the account holder shall provide a common utility
space with outside access.
2. Add the following subsection to 16- 3C- 3(B)(5):
c. For those buildings so modified between January 30, 1996 and July 1, 2011, where no common utility
space with outside access is available, the account(s) attributable to the stop box shall be placed in the
property owner's name, unless otherwise agreed upon in writing by the Public Works Director.
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, as provided by law.
Passed and approved this day of 20
MAYOR
ATTEST:
CITY CLERK
Approved by
WCiyttorney's Office y- 3J
hisadm /ord /amend 14- 4D.doc
Ordinance No.
Page
It was moved by
and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Dickens
Hayek
Mims
Wilburn
Wright
First Consideration 6/21/2011
Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens.
NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
�'_, ---E
CITY OF IOWA CITY 11
MEMORANDUM
DATE: 6/14/2011
TO: CITY COUNCIL
FROM: SUSAN DULEK, Asst. City Attorney
RE: TABLES AND SOUND IN CITY PLAZA
As a result of the discussion at the June 7 Council meeting, the ordinance has been revised in three
places.
First, the limitation on the total number of "information tables" to be placed on City Plaza (aka the ped
mall) has been eliminated.
Second, the location of the information tables has been expanded to include the area along the outdoor
service area of the Sheraton Hotel at 210 S. Dubuque Street. The area in Black Hawk Mini Park has
been further defined as the area next to the planter that runs along the western side of the building
presently housing the Artisans Gallery at 207 E. Washington Street. Keeping the tables next to the
planter and the outdoor service area prevents obstructions to the free flow of pedestrian traffic.
Additional detail regarding the tables will be in rules established by the City Manager as provided in
Section 10 -5 -9 of the City Code.
Third, a definition of "amplified sound" has been added. The definition is "sound that is increased in
intensity and duration by electrical, electronic, mechanical other nonhuman means." This definition is
already in the City Code at section 6 -4 -2.
Staff recommends expedited consideration.
Copy to:
Thomas J. Markus, City Manager
Dale E. Helling, Assistant City Manager
Eleanor M. Dilkes, City Attorney
Marian K. Karr, City Clerk
Kathi Johansen, Administrative Assistant
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 11 -4435
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 5, TO ESTABLISH A PERMIT SYSTEM FOR
AMPLIFIED SOUND ON CITY PLAZA, TO ESTABLISH A PERMIT SYSTEM FOR
INFORMATION TABLES ON CITY PLAZA, AND TO ALLOW CERTAIN PUBLIC
ASSEMBLY /PARADE PERMITTEES TO SELL GOODS AND SERVICES AND USE
AMPLIFIED SOUND.
WHEREAS, regulating the public right -of -way by commercial businesses ensures the safe movement
of pedestrians and fair commercial use of the right -of -way;
WHEREAS, limiting commercial activity on City Plaza supports the downtown merchants and
enhances the economic vitality of the downtown;
WHEREAS, limitations on selling goods and services and placing tables on City Plaza should be
consistent with the limitations on soliciting, a /k/a panhandling;
WHEREAS, limiting amplified sound to Black Hawk Mini Park and the stage south of the fountain
eliminates the need for electrical cords to be placed on City Plaza and enhances the free flow of
pedestrian traffic; and
WHEREAS, it is in the City's interest to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public
Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by adding the
following new Subsections E and F as follows:
E. No parade or public assembly permittee may sell a good or a service unless the event: a)
reasonably expects to draw more than 500 persons or occupy a substantial area within City Plaza or a
similar area within the downtown; and b) is a community -wide attraction that supports the economic
vitality of the downtown. Downtown is defined in section 8 -5 -2 of this code.
F. No parade or public assembly permittee may use amplified sound unless it either meets the
criteria set forth in Subsection E above or a business located in the downtown obtains a permit for
musicians to perform on the sidewalk in front of the business. Amplified sound is defined in section 6 -4 -2
of this code.
2. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 7, entitled
"Use of City Plaza," is hereby amended by adding the following new Subsections H and I:
H. The City Manager or designee is authorized to issue a permit for amplified sound, as defined in
section 6 -4 -2 of this code, on City Plaza subject to the following conditions:
1. Use is limited to 12:00 p.m. to 1:00 p.m. and 5:00 p.m. to 9:30 p.m. on Mondays through
Fridays and 10:00 a.m. to 9:30 p.m. on Saturdays and Sundays;
2. The location is limited to Black Hawk Mini Park and the stage south of the fountain;
3. No sale, transfer, or assignment of the amplified sound permit is allowed without written
consent of the City;
4. No sign or advertisement is allowed except for a sign identifying the permittee;
5. The City Manager or designee shall grant the permit if the applicant has fully completed
the application. If the permit is denied, the City Manager or designee shall state the
reasons therefore within three (3) working days of the application being filed.
6. The City Manager or designee may revoke the permit if:
a. It is determined that the permittee has misstated any material fact in the application;
b. There is a substantial and material variance between 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.
Ordinance No.
Page 2
11 -4435
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 adjacent to the planter on
the eastern edge of Black Hawk Mini Park and adjacent to the outdoor service area of 210 S.
Dubuque Street.
2. The size of the table shall not exceed three feet (T) by three feet (3').
3. Soliciting as defined in section 8 -5 -2 of this code is prohibited.
4. The purpose of the table is limited to providing non - commercial information to the general
public. Information containing commercial and non - commercial information is allowed if the
commercial information is characteristically intertwined with non - commercial information.
Non - commercial information is information that is of public concern or that conveys political,
social, religious, or philosophical messages. Commercial information is information
proposing the exchange of goods or services for money or other consideration.
5. Commercial activity is prohibited.
6. Goods or services cannot be provided or demonstrated. Collection of signatures incident to
provision of information, including but not limited to gathering signatures for a petition or
registering persons to vote, shall not be considered a service.
7. The City Manager or designee shall grant the permit if the applicant has fully completed the
application. If the permit is denied, the City Manager or designee shall state the reasons
therefore within three (3) working days of the application being filed.
8. The City Manager or designee, or the City Council if issued following an appeal, may revoke
a permit if:
a. It is determined that the permittee has misstated any material fact in the application;
b. There is a substantial and material variance between 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.
9. The process for appeals of a denial or revocation of the permit shall be the same as for a
parade /public assembly permit.
4. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 2, entitled
"Definitions," is hereby amended by adding the following new definition:
Commercial: The exchange of goods or services for money or other consideration.
5. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," Section 5, entitled
"Exceptions to Provisions," is hereby amended by adding a new Subsection N as follows:
Any person emitting sound pursuant to a permit under Title 10 of this code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 21stday of June , 2011.
MAYOR
A�prove
ATTEST:
CITY CL City Attorney
Ordinance No. L i -4435
Page 3
It was moved by Wilburn and seconded by Bailey that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
X Champion
-x_ Dickens
x Hayek
x Mims
x Wilburn
x 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 6/29/2011
Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time. AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek,
Mims. NAYS: None. ABSENT: None.
I
CITY OF C7IIVA CITY Z_j
ZZ ®,, D U
M 12
E��
RAC
Date: June 10, 2011
To: City Council
From: Eric Goers, Assistant City Attorney
Re: Fireworks Ordinance
Question presented: Aren't fireworks already illegal under State Code?
Answer: Only their use, not their possession.
Discussion: Iowa Code Section 727. 2(2) states that any businesses or individual, "who offers
for sale, exposes for sale, sells at retail, or uses or explodes any fireworks, commits a simple
misdemeanor." What it does not prohibit is the possession of fireworks. Our present code,
through adoption and amendment to the International Fire Code, and proposed code, through
the ordinance presently under consideration, prohibits possession.
From an enforcement perspective, possession is an important component. Without it, officers
might see fireworks exploding overhead, track their flight paths to a shoot location, find an
individual or group with a large pile of fireworks, and not be able to prove a violation, as the
officer didn't see anyone actually use or explode the fireworks. Under City code, the officer
finds the fireworks and writes a citation for the possession alone, resolving the problem. In
addition, under City code, the fireworks can be seized as evidence, preventing further violations
as soon as the officer leaves.
Should you have any further questions, 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
U / a-•
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. 11 -4436
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 'fireworks" 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
Ordinance No. 11 -4436
Page 2
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 21st day of .Tun 2011.
— —s
ATTEST:
I Y CLERK
Approved by
City Attorney's Office
Ordinance No. 11 -4436
Page 3
It was moved by Bailey and seconded by Wright that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Dickens
x Hayek
X Mims
x_ Wilburn
x 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 6/29/2011
Moved by Bailey, seconded by Champion that the rule requiring ordinances to be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived and the ordinance be voted on for
final passage at this time. AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright.
[SAYS: None. ABSENT: None.