Loading...
HomeMy WebLinkAbout2011-12-06 Ordinancesb Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11 -00012 ) ORDINANCE NO. AN ORDINANCE REZONING THE MIDAMERICAN SUBSTATION AND CONDITIONALLY REZONING APPROXIMATELY .42 -ACRES OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET FROM NEIGHBORHOOD RESIDENTIAL STABILIZATION (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ11- 00012) WHEREAS, the applicant, Allen Homes, has requested a rezoning of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2); and WHEREAS, the Comprehensive Plan, Central District Plan, contains policies and a land use plan map to guide development within the Northside Marketplace and to maintain the main street, mixed use character of the neighborhood; and WHEREAS, the Comprehensive Plan, Central District Plan, has been amended to indicate that Urban Commercial development is appropriate on these properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning, determined that it complies with the Comprehensive Plan and recommends approval of the application provided that it meets conditions addressing the need for development that will maintain the main street, mixed use character of the Northside Marketplace; 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 have agreed that the 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street 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 Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00'1 5'52"E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89056'1 5"W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 °11'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89'56'1 5"W, along the South Line of said Lot 2, a distance of 40.47 feet; Thence N00 °04'00"E, 150.79 feet , to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 120.31 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 square feet and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence N89 o 56, 15 W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest Corner of said Lot 1; Thence N00 °11'16 "W, along the West Line of said Lot 1, a distance of 39.80 feet; Thence S89 5615 E, 80.66 feet , to a Point on the East Line of said Lot 1; Thence S00 °15'52 "E, along said East Line, 39.80 feet, to the Point of Beginning. Said Parcel contains 3,211 square feet and is subject to easements and restrictions of record. 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. 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. SECTION V. 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 VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. 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 VIII. 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 ATTEST: CITY CLERK App oved by o City Attorney's Office (f a( Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Clarence and Julie Leichty, Jeff Maske, Carlan Miller, and W. O. Bill Terry (hereinafter "Owners ") and Allen Homes, Inc. (hereinafter "Applicant "). WHEREAS, Owners are the collective legal title holder of approximately .34 acres of property located 221 and 225 N. Linn Street and 223 Bloomington Street, Iowa City, Iowa; and WHEREAS, the Owners and Applicant have requested the rezoning of said properties from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, and improvement to the alley to provide access to the parking, and the location of signage on the building, the requested zoning is consistent with the Comprehensive Plan as amended; 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 compatibility with the Northside Marketplace; and WHEREAS, the Owners and Applicant 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: 1. Clarence and Julie Leichty, Jeff Maske and Carlan Miller, and W.O. Bill Terry are the collective legal title holders of the real estate legally described as: Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 °15'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89056'1 5"W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 0 11'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89056'1 5"W, along the South Line of said Lot 2, a distance of 40.47 feet; Thence N00 004'00 "E, 150.79 feet , to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 120.31 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 square feet and is subject to easements and restrictions of record. ppdadm /agt/conditional zoning agreemen - linnbloomingtont.doc 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central 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 and Applicant agree that development of the real estate described above will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The development shall be generally consistent with the site plan and building plans attached and by this reference incorporated herein (collectively, the "Plans "), particularly with regard building location, orientation and height, fagade design, building materials and landscaping; b. The development shall consist of a mix of uses as shown on the Plans including ground floor commercial, parking below grade and partially within the ground floor, and dwelling units on the second and third floors; C. The residential development shall consist of a mix of dwelling units as shown on the Plans including eight efficiency or one - bedroom apartments, seven two - bedroom apartments and a maximum of two three - bedroom apartments (if fewer three - bedroom apartments are built the reduced number of three -room apartments may be substituted with additional efficiency, one - bedroom or two - bedroom apartments); d. Exterior signs on the north side of the building will be limited to signs permitted in residential zones according to Section 14- 5B -8(B) of the Iowa City Code of Ordinances. e. The alley shall be improved from the west property line of 223 E. Bloomington to North Linn Street according to the specifications of the City Engineer prior to the issuance of an occupancy permit for any new building on this real estate. f. The N. Linn and E. Bloomington Streets rights -of -way will be improved in a manner consistent with the North Marketplace streetscape as shown on the Plans. 4. The Owners, 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 Owners, Applicant and City acknowledge that in the event the subject real estate 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 and Applicant 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. ppdadm /agt/conditional zoning agreemen- linnbloomingtonl.doc 2 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 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. ALLEN HOMES, INC., APPLICANT B: OWNERS �• Clarence Leichty Julie Leichty J*ee Carlan Miller O. Bill7erry 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) ppdadm /agt / conditional zoning agreemen- linnbloomingtont.doc 3 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on �s ►t -A��,, as So� Notary Public in (Stamp or Sea[) Title (and Rank) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) b FCrAg F7 _ 5 , 2011 by of Allen Homes, Inc. and or said County and State o41%IAlm SONDRAE FORT a Commission Number 159791 My Commission Expires tow 4411 On this �2`vf"- day of , 2011, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared ) 4 r'-e !aGe- L,2 10— k + , to me known to be the identical person(sl named in and who executed the within and fdr6going instrument, and acknowledged that a she/theyl executed the same as is her /their voluntary act and deed. KELLIE K. TUTTLE Cornlrission Number 221819 My Corr li � on Expires INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) t (rc Notary Public in and for the State of Iowa My commission expires: 4/4jq On this day of , 2011, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared , to me known to be the identical person(s) named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: ppdadm /agt/conditional zoning agreemen- linnbloomingtont.doc 4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ^��� day of ��� �`^�b�`� 2011, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared��^ \' gS�« to me known to be the identical per one named in and wh executed the within and foregoing instrument, and acknowledged that he she /the executed the same as his er /their voluntary act and deed. Notary P blic in and for the State of Iowa My commission expires: j` 3 l j Lj INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ah \ day of V� � b zv 2011, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Car\ -,r D - 'm'. \\-.a-r- , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that a she/theyl executed the same as (his her /their) voluntary act and deed. Notary P�A�in and fort the State of Iowa My commission expires: 113 k1L} INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2011, before me, the undersigned, a S ��- �Z�� -Qr, Notary Public in and for said County, in said State, personally appeared W. o &\t -�- ,rr , to me known to be the identical persons named in and who executed the withiH with' and foregoing instrument, and acknowledged that h she /the executed the same as ( is er /their) voluntary act and deed. \\`` No ublic in and fort a State of Iowa My commission expires: .I � 3 t 1Lt ppdadm/agt/conditional zoning agreemen- linnbloominglont.doc 5 i i i oo �- O i �o i O 0 0 0 0 o v a p O O O ,p n n a 0 N D � A i0 �j O N � ? A �! c r CD o � a o � o m R >_> z o DZD a z n fTl T 0 N n z �r z-v u -i , g r c 0F o�zroz �D� ,am ��c`MA Z y O NA C: 7 NNA O L=7 i] co O A m z V1,40 amol z j SlV1N3'd/S3V40H N311V Ql) �i '. C-1-1 N311V 3SSRr _V ic�JONO') 'iS NNI zQu is-Ail n C) 1:11 N n > _j L-D > C_ c LLJ — 0 C.1 u Cl 0 C, 5. L. _Q) a _:j U C) CJ 21 -3 m iE = T) 'D . 0 E _o I r--' > 0 .L aJ 8 75 cl, X =D C-) W Lr) c,-_ J Ln C/_l U-) U-) r- (1) -C-) Cj f- LC; C) r-- DO CT) f LC-) CD r— oo C7 -V --f- <c (f) Lr-, V) (r) (J-) U-) z n 0 L) Cl) z CD w 6 6 U) w cd m. M LU LL] w 0 LU W z CO _1 LU W ELI ;: 0 amW b U-) 0 04 C) 1 LLJ — 61 LL, LU ui Y W CD JJ x LZZ< < LLJ CL o °�� LL, =. L) L 0 LE o� Z LL `,r Y7) M < 0, > cm) (5 < 00 LU n7 z < CD z A.' C) K0 o <.= 0 Ln (1) r Z z 0 ul 11 < U) Z a. i < 0 N Z L P ') z U. C ::D < =BIZ co) c C) _j 04 a. iD C-) �nu CL 6 X w z 0 F) z! Ol< a: 2 Q Z SlV1N3a S3WOHIN3llV N311tl 3SS3f wWO 1dIONO3 '1S NNII b w a Q zQC� �A H 3 as, f is Imo\ .w I� I I I I z >4 V1,40 -01 I W UI z r S1V1N3WS3WOH N311V j l� M� i N311V 3SS3f W • _� wQO � ; 1d�0N00 '1S NNII �$ Will .. n I r 1 1 1 Y, it " I`- r II I 1 Mr1 I� 1 } ❑ 111 i 4�rr ��1'd {�f�I �� xiui Rrl C.- IN ❑, N��++�,y5'lytl Ria�.l fil �Q! i Yrn Do 411' 1 JI Y i ''. x 1..., ra- L 0 ! Q o l,. U 4 1=1 T7 1 ;Arr�lrtalArr r a Jtr P ;I 00 {Ji{ i r of 1I I I I. r JI 1 r, 1�.;J I� �I: I {% „�rF,: 11". W,4.." tkM 1a>ui:'— ICI 1r to �±J % {�i, !!0}x x'f r {li x514 1 tYt I rl 1 x.F {1�1i jlr r iJ1 a. 1. I,u 1;hr it DNA � J�' l E I'' 1'a J 5 QJ j 111 H. �. 17" 11 1 iA'..V II r HIV I I 1, l , 1 L l' 1 l r ❑Q l 1�t U�It ," s 14}1 Crr I I " I ❑❑ ��I!1��.;,.1 �w. J�.r..��.��1�� �:.rr t f�ral',. .. i... O U Z �� emol SIViN3d/S3VIOH N3IIV Naiiv gssDr ONO3 '1_S NNII m C: 0 o T HIM tfibssp ) V1,40 _l s a3H/ 2mwN31 a , «ass ,! f ƒjj\\\\ // \\/ 2�U \ R CD y /} m, !)«!i Hi f /I -it 2» #, 2 !# z7� � #!! |!2 � Z F tll 'k!O emo! S1V1N3N /S3WOH N311V ti W Q — N3lltl 3SS3f '1S � u R � �- Q wWO 1dION00 NNII p$ zQv IMUS NNn 3 jilt 4 MIA \ �oa Z J \ W� 0 \ JY \ \\ I I H-11 Z m 77E: cli c_. U N J Q' C U C C 5 A \ �oa Z \ G) Z O Z ------------- ------------- ----- - ------ < EL z 2 ll V1,40 —01 SIVIN3b/S3V40H N311V N3 'IS d13NO3 NNII zc:lu J.BBWB NNH ------------- ------------- ----- - ------ < EL z 2 ll II 0 l� F, 7 II 0 l� co co N 11) C mW M m CD rr' ��m0 P, C) OOOcn b ° D Z C) .. iro i r !ro ro ,. ro - a - - -- g. I l I ' L� -J- ; .. J- A :. �y - •' FU- S! 71- Fl 11 0 -' 1 fill s g $a / UNN STREET •' g s LINN ST. CONCEPT i U roayy� S % JESSE ALLEN ALLEN HOMES /RENTALS Z �"C Iowa City, IA M Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00012) ORDINANCE NO. AN ORDINANCE REZONING THE MIDAMERICAN SUBSTATION AND CONDITIONALLY REZONING APPROXIMATELY .42 -ACRES OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET FROM NEIGHBORHOOD RESIDENTIAL STABILIZATION (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ11- 00012) " WHEREAS, the applicant, AI n Homes, has requested a rezoning of property ocated at 221 N. Linn Street, 225 N. Linn Street and 223 . Bloomington Street and the MidAmerican s bstation located on the west side of Linn from Neighborhood esidential Stabilization (RNS -12) to Central usiness Service (CB -2); and WHEREAS, the Comprehensive Plan, entral District Plan, contains policies and a land use plan map to guide development within the Northside Mar tplace and to maintain the main s reet, mixed use character of the neighborhood; and WHEREAS, the Comprehensive Plan, Centr District Plan, has been ended to indicate that Urban Commercial development is appropriate on these p erties; and WHEREAS, the Planning and Zoning Commission as the reviewed a proposed rezoning, determined that it complies with the Comprehensive Plan and reco mends approv 1 of the application provided that it meets conditions addressing the need for developmen that will m intain the main street, mixed use character of the Northside Marketplace; and WHEREAS, Iowa Code §414.5 (2011) provides that th City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the 21 . Linn Street, 225 N. Linn Street and 223 E. Bloomington Street properties shall be developed in ac ordanc with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appr priate de lopment in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE C COUNCIL F THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional ning Agreement aft hed hereto and incorporated herein, property described below is hereby reclassified om its current zoning esignation of Neighborhood Residential Stabilization (RNS -12) to Central Business ervice (CB -2): Beginning at the Northeast /ed r of Lo 1 of the Original Town of Iowa City, in accordance with the Plat thercorded in Book 1, at Page 116, of the ecords of the Johnson County Recorder's Then a S00 °15'52 "E, along the East Li of said Lot 1, a distance of 110.74 feet; T N89 56'15 "W, 80.66 feet, to a Point on t East Line of Lot 2 of said Original Towwa ity; Thence S00 °11'16 "E, along said ast LiP4 39.80 feet, to the Southeast t reof; Thence N89 °56'15 "W, along the uth L of said Lot 2, a distance of e t; Thence N00 °04'00 "E, 150.79 feet , to;� int -snthe North Line of said Lot 1; S89 °48'53 "E, along said North Line, 129: ecio the Point of Beginning. Said ng Parcel contains 14,981 square feet arl2is-subjerct to easements and restrictions ord. �t� Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence N89 15 W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest Corner of said t 1; Thence N00 °11'16 "W, along the West Line of said L/s3,211 distance of 39.80 feet; Thence S89 °56'1 "E, 80.66 feet , to a Point on the East Line of said Lot nce S00 °15'52 "E, along said East Line, 39. feet, to the Point of Beginning. Said Parcel cont square feet and is subject to easements nd restrictions of record. SECTION III. ZONIN AP. The building official is hereby authorize and directed to change the zoning map of the City of Iowa Ci Iowa, to conform to this amendment u on the final passage, approval and publication of the ordinance as pproved by law. SECTION IV. CONDITIONAL ONING AGREEMENT. The yor is hereby authorized and directed to sign, and the City Clerk attest, the onditional Zoning Agreem t between the property owner(s) and the City, following passage and approval o this Ordinance. SECTION V. CERTIFICATION AND ECORDING. Up passage and approval of the Ordinance, the City Clerk is hereby authorized and direct e to certify a co of this ordinance, and record the same in the Office of the County Recorder, Johnson Co nty, Iowa, the Owner's expense, upon the final passage, approval and publication of this ordinance, as p vided by w. SECTION VI. REPEALER. All ordinances an pa of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, rov ion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shal not a ct the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged in slid or un nstitutional. SECTION VIII. EFFECTIVE DATE. Th' Ordinance sh I be in effect after its final passage, approval and publication, as provided by law. Passed and approved this da of 2011. MAYOR _ ATTEST: CITY CLERK Approved by City Attorney's Office, 12-oU- 'T- 6c Prepared by: Travis Kraus, Planning Intern, PCD 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ11- 00009) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.88 ACRES OF PROPERTY LOCATED AT 2218 ROCHESTER AVENUE, LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI FAMILY RESIDENTIAL (RM -12). (REZ11- 00009) WHEREAS, the applicant, Apartments Downtown, Inc., has requested a rezoning of property located at 2218 Rochester Avenue from Low Density Single Family Residential (RS -5) to Low Density Multi Family Residential (RM -12); and WHEREAS, the Comprehensive Plan indicates that indicates that the property is appropriate for Low to Medium Density Multi - Family Residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan appropriate vehicle driveway and access, the addition of a cross access easement, and general conformance with the concept site 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 has 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 RM -12: Auditor's Parcel 2000020, in accordance with Plat thereof recorded in Plat Book 43, at Page 320, of the Records of the Johnson County Recorder's Office, containing 0.07 Acre, And Also Auditor's Parcel 2000079, in accordance with Plat thereof recorded in Plat Book 43, at Page 321, of the Records of the Johnson County Recorder's Office, containing 0.81 Acres. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION 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. Ordinance No. Page 2 Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK 7 Ap roved by City Attorney's Office �( f 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 12/6/2011 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00009) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Apartments Downtown, Inc. (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 0.88 acres of property located at 2218 Rochester Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Low Density single Family Residential (RS -5) to Low Density Multi Family Residential (RM -12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding appropriate vehicle driveway and access, the addition of a cross access easement, and general conformance with the concept site plan, 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility and traffic safety; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Apartments Downtown, Inc. is the legal title holder of the property legally described as: Auditor's Parcel 2000020, in accordance with Plat thereof Recorded in Plat Book 43, at Page 320, of the Records of the Johnson County Recorder's Office. Containing 0.07 Acre. And Also: Auditor's Parcel 2000079, in accordance with Plat thereof Recorded in Plat Book 43, at Page 321, of the Records of the Johnson County Recorder's Office. Containing 0.81 Acre. Resultant Rezoning Parcel contains 0.88 Acres, and is subject to easements and restrictions of record 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central 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 ppdadm /agt/cza rez11- 00009.doc change. 3. In consideration of the City's rezoning the subject property, Owner agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Vehicular access to the multi - family structure shall be provided via Rochester Avenue, in a location shown on the attached concept site plan, to mitigate traffic conflicts at the intersection of Rochester Avenue and First Avenue. No vehicular access shall be provided from First Avenue; b. Owner shall grant a 25' wide vehicular access easement for the benefit of the property locally known as 2208 Rochester Avenue in the location shown on the attached concept site plan; c. General compliance with the concept site plan attached hereto and made part of this agreement by this reference. 4. The Owner 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 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 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 CITY OF IOWA CITY Matthew J. Hayek, Mayor ppdadmlagVcza rez11- 00009.doc 2 20 APARTMENTS DOWNTOWN, INC. O R Vy: i M lark Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office t -30 ( f f CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 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) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on fi, 30, 2011 by - �G7ittit 17. �i /GZI °1� as eolner of Inc. Notary ublic in and for said County and State (Stamp or Seal) Title (and Rank) & 4 ppdadm /agt/cza rez11 -00009.doc 3 i� s 25' wide access easement 2 IS 26' 0 V8' E-4 3 5 u TOP OF FTG =50 TOP OF FTG =44" TOP OF FTG =38" • es OF s TOP OF q v TOP OF FTG =50 TOP OF FTG =44" TOP OF FTG =38" ' r TOP OF FTG =28" W T TOP OF q v TOP OF FTG =32" ' r TOP OF FTG =28" 0 0 M m M R=780.00* 4.43* '—' L= 134.43' v J Q w O W T TOP OF q v TOP OF FTG =26" 0 0 M m M R=780.00* 4.43* '—' L= 134.43' v J Q w O H FTG =14" 0' v 0- R °20.00' L= 19.33' R =20.00' ^5r L =2.80' H 18'0- S Q 107.62' AUDITORS PLAN 3272-P PARCEL 0 "sI EWALK 2000020 & 79 R= 749.80' 2216 ROCHESTER AVE L= 01'44'35' W T TOP OF q v �, I_ �� ®4 CITY OF IOWA CITY MEMORANDUM Date: October 27, 2011 To: Planning and Zoning Commission From: Becky Soglin, Planning Intern Re: 2218 Rochester Avenue (REZ 11- 00009) This request to rezone the property at 2218 Rochester Avenue from RS -5 to RM -12, was deferred at the July 21, 2011, commission formal meetings. The applicant, Jim Clark, has submitted an updated concept plan that address design concerns raised by Commission members at that meeting. Site design: The original concept plan was for a 12 -plex of three - bedroom units with above- ground garages located to the north of the 12 -plex. Commission members were concerned that the garages were too visible from the street. The new plan is for nine three - bedroom townhouse style units with lower level garages that are not visible from the street. The revised garage placement appears to meet the Central District Multi - Family Site Development Standards. The proposed garages each have two stalls and would be accessed from the west side of the building. In addition, the overall building design provides horizontal relief along the front fagade (eastern frontage /First Avenue) by staggering the front setback of each unit. The width of the front fagade would not exceed 40 feet without a break, as required by the district's Multi - Family Site Development Standards. The final design of the site and buildings will need to comply with the Multi - Family Site Development Standards at the time a site plan and building permit are issued. Visitor Parking: The new concept plan provides 12 visitor parking spaces along the western side of the property. This change addresses concerns that visitor parking was inadequate, especially given that no on street parking is available along Rochester Avenue and First Avenue. Landscape Buffer: Commission members had been concerned about car lights shining into the single - family residences to the west. The new plan includes a 12- foot -wide landscape buffer between the guest parking spaces and the western edge of the parcel, which abuts the property with two single - family homes. Code requires a 10 -foot buffer for a parking area. Pedestrian Access /Frontage: The new plan addresses the concern about a lack of pedestrian access, by adding such access along the eastern frontage (First Avenue). Each unit will have a front door facing First Avenue and an individual or shared pathway leading up to the door from the public sidewalk. In addition, each unit will have a pedestrian entryway adjacent to its garage on the western side of the building. Pedestrian access (a single walkway leading to a single door) also is provided along the south - facing frontage on Rochester Avenue. Decks: The new plan provides decks and a screened porch for each unit in the building, which is set back more than 40 feet from the west property line. A building set back at least 40 feet from an adjacent single - family residential property with current single - family residential use is allowed to include balconies. October 27, 2011 Page 2 STAFF RECOMMENDATION: Staff recommends approval of REZ 11 -0009, an application to rezone 0.88 acres of land at 2218 Rochester Avenue from RS -5 to RM -12, subject to the following conditions: Vehicle driveway and access to the multi - family structure be provided from /to Rochester Avenue, as close to the southwest corner of the property as possible (no access or driveway allowed from or to First Avenue). An easement for residential use be added to the west border of the property to allow for a shared driveway with the RS -5 property to the west. General compliance with the concept site plan. ATTACHMENT: Site Plan and building plans Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development i a 2 TOP /.7 TOP OF FTG =50 TOP OF , 25 6 3/ FTG =44" TOP OF FTG =38" a 4p TOP OF FTG =28' • r �� ►�! /P OF 1 W-Aw. � W 0 R=749.60' L =01'44'35' TOP OF FTG =20" w d � I TOP OF C3 FTG =14" 0 0 0 m m R= 780.00" �' i L= 134.43' m m m 3 W 0 cn NORTH R-120.00' 9.33' L= R- 20.00' A5 L =2.80' 10 7.62' AUDITORS PLAN 3272 -P PARCEL ELK 2000020 & 75 2216 ROCHESTER AVE TOP OF FTG =32" a 4p TOP OF FTG =28' • r �� ►�! /P OF 1 W-Aw. � W 0 R=749.60' L =01'44'35' TOP OF FTG =20" w d � I TOP OF C3 FTG =14" 0 0 0 m m R= 780.00" �' i L= 134.43' m m m 3 W 0 cn NORTH R-120.00' 9.33' L= R- 20.00' A5 L =2.80' 10 7.62' AUDITORS PLAN 3272 -P PARCEL ELK 2000020 & 75 2216 ROCHESTER AVE STAFF REPORT To: Planning & Zoning Commission Prepared by: Becky Soglin, Planning Intern Item: REZ 11 -00009 Date: July 21, 2011 GENERAL INFORMATION: Applicant: Apartments Downtown 414 E Market Street Iowa City, IA 52245 Property Owner: Eugene Kehoe 2218 Rochester Ave Iowa City, IA 52245 Contact Person: Jim Clark Phone: (319) 351 -3010 Email: aptsdowntown @hotmail.com Requested Action: Rezone 0.88 acre from RS -5 Low Density Single Family Residential to RM -12 Low Density Multi Family Residential Purpose: Development of multi - family units Location: 2218 Rochester Avenue (northwest corner of Rochester Avenue and First Avenue) Size: 0.88 acre Existing Land Use and Zoning: RS -5 Low Density Single Family Residential Surrounding Land Use and Zoning: North: Multi Family, RM -12 South: Bank, CN -1 East: Multi Family, RM -12 West: Single Family, School, RS -5 Comprehensive and District Plans: The Central District Plan Map shows low and medium multi - family for the property. Neighborhood Open Space District: C8, Hickory Hill File Date: June 30, 2011 45 Day Limitation Period: August 14, 2011 SPECIAL INFORMATION: Public Utilities: The area is currently served by Public Utilities, including water and sanitary sewer. 2 Public Services: The following transit routes serve the area: Rochester, Eastside Express, North Dodge (evening /weekend), and Eastside Loop. Police and emergency /fire response serve the area. BACKGROUND INFORMATION: The land under consideration is now the site of a single - family home and is currently zoned Low Density Single Family Residential (RS -5). The applicant, Apartments Downtown, requests approval for a rezoning of this 0.88 -acre property at the northwest corner of Rochester Avenue and First Avenue to Low Density Multi - Family Residential (RM -12). The two avenues are arterial streets. The property is on the eastern edge of the Central Planning District. The existing house on the property is a brick bungalow built in approximately 1930. Although it is a well preserved example of a bungalow, there is no indication that it is individually eligible for the national register of historic places. Approval of this rezoning will likely lead to the eventual demolition or removal of this building from the property. The applicant has not indicated whether or not he plans to use the "Good Neighbor Policy." ANALYSIS: Current Zoning: The current zoning, RS -5, permits one detached single family per lot (8,000 square foot lot minimum) and up to five single - family residences per acre. The current zoning also provisionally allows zero lot lines, attached single - family dwellings, duplexes and group homes. Non - residential uses of day care, educational and religious facilities are provisionally allowed. Proposed Zoning: The proposed zoning, RM -12, would provide for low- density multi - family housing. Based on the minimum lot size requirements for RM -12 (2,725 sq. ft.) and the property size (38,245 sq. ft.), up to 14 multi - family units could be built on the land. Compliance with Comprehensive Plan: The 1997 Comprehensive Plan supports a mix of housing, including homes on smaller lots, townhouses, duplexes, and small apartment building. The Comprehensive Plan also supports multi - family at the intersection of two arterial streets. The Central District Plan further supports low- density multi - family residences. The property is located in Subarea B of the Central District. This subarea includes primarily single - family homes with scattered duplexes. However, several multi - family residences are located near the intersection of First and Rochester Avenues, and the district's future land use map shows low to medium density multi - family for the property because of its access to city services and facilities (p. 60). Given the location at two arterial streets and access to appropriate services, utilities and parks, staff believes the rezoning complies with the Comprehensive Plan and Central District Plan. Compatibility with neighborhood: Most residences within 300 feet of the property are multi- family units. There are two single - family residences immediately to the west of the property. The Regina Education Campus also is located to the west. Residences further west and southwest of the property are mostly single - family. The neighborhood contains a mixture of zoning, including a RM -12 zone developed with multi - family buildings immediately to the north of the property, and a Neighborhood Commercial (CN -1) zone with a bank and retail and offices uses to the south. The eastern edge of the property is across from the western edge of the Northeast Planning PCD \Staff Reports \rez11 -00009 2218 rochester ave.doc 3 District. The planning map for this district shows RM -12 for the property immediately to the east of the property in question, and multi -story, multi - family units are currently on site. The map also shows Neighborhood Commercial (grocery/drugstore and liquor store) at the southeast corner of Rochester Avenue and First Avenue. The design and number of multi - family units built on the property should be compatible with the surrounding development. Up to 14 multi - family units could be built. The Central District Multi - Family Site Development Standards will apply if this property is rezoned. A partial buffer of shrubs exists along the east side of the property. The Multi - Family Site Design Standards require a minimum 10- foot -wide landscape buffer between any parking areas and an adjacent property. Traffic implications, Access and Street Design: Rochester Avenue and First Avenue are intersecting arterial streets. Given traffic patterns and volume and compromised sight distances along First Avenue, staff recommends that the driveway and access to and from this property be placed on Rochester Avenue, as close as possible to the southwest corner. In addition, an easement for residential use should be added to the west border of the property to allow for a shared driveway with the RS -5 property to the west. This will allow the driveways for the two properties to be combined if they both redevelop in the future. Summary: The proposed zoning change to RM -12 follows planning goals for low- density multi- family housing in the city overall and in the Central Planning District. Staff recommends that driveway /vehicle access to the property be from Rochester Avenue, not First Avenue, due to existing traffic conditions. An easement should be added to the west border of the property to accommodate a possible future shared driveway with the property immediately to the west. STAFF RECOMMENDATION: Staff recommends approval of REZ 11 -0009, an application to rezone 0.88 acres of land at 2218 Rochester Avenue from RS -5 to RM -12, subject to the following conditions: • Vehicle driveway and access to the multi - family structure be provided from /to Rochester Avenue, as close to the southwest corner of the property as possible (no access or driveway allowed from or to First Avenue). • An easement for residential use be added to the west border of the property to allow for a shared driveway with the RS -5 property to the west. ATTACHMENT: Location Map Approved by: '/ 'CeL -' � LT . Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports \rez11 -00009 2218 rochester ave.doc V No In L -C z o °C QD6 00 N (N.. 0 H Q V 3Ad 3901a400M LU tZ Prepared by: Travis Kraus, Planning Intern, PCD 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ11- 00009) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.88 ACRES OF PROPERTY LOCATED T 2218 ROCHESTER AVENUE, LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW D8NSITY MULTI FAMILY RESIDENTIAL (RM -12). (REZ11- 00009) WHEREAS, the plicant, Apartments Downtown, L 2218 Rochester Avenu from Low Density Single Far Residential (RM -12); and WHEREAS, the Compr ensive Plan indicates that Medium Density Multi - Family sidential development; WHEREAS, the Planning d Zoning Commissi determined that it complies with t Comprehensive addition of a cross access easemen , and general con WHEREAS, Iowa Code §414.5 ( 11) provides conditions on granting an applicant's re ning reque s satisfy public needs caused by the request change; WHEREAS, the owner and applicant has reed t the terms and conditions of the Conditional nin development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY E IOWA: SECTION I APPROVAL. Subject to the Condit' nal herein, property described below is hereby reclass' ied fr has requested a rezoning of property located at Residential (RS -5) to Low Density Multi Family that the property is appropriate for Low to on has the reviewed the proposed rezoning and PI n appropriate vehicle driveway and access, the fo ance with the concept site plan; and th t the City of Iowa City may impose reasonable over and above existing regulations, in order to nd t the property shall be developed in accordance with Agreement attached hereto to ensure appropriate CITY COUNCIL OF THE CITY OF IOWA CITY, ing Agreement attached hereto and incorporated its current zoning designation of RS -5 to RM -12: SECTION 11 THAT PART OF SE NE D SC AS AU TOR'S PARCEL #2000079 IN SURVEY BK 43 PG 321 & ALSO INCLUDING TH T PART OF L T 1 FIRST AND ROCHESTER PART 1 DESC AS AUDITOR'S PARCEL #200/0020 IN SURVE BK 43 PG 320. SECTION II. ZONING MAP. The buildii map of the City of Iowa City, Iowa, to cor publication of the ordinance as approved by SECTION III. CONDITIONAL ZONING sign, and the City Clerk attest, the Conditi following passage and approval of this Ord' ECORDING. Upon passage and ap oval of the Ordinance, the ad to certify a copy of this ordinance, a d record the same in the County, Iowa, at the Owner's expense, pon the final passage, as provided by law. ces and parts of ordinances in conflict with . __.. provslons of this ifflcial is hereby author ed and directed to change the zoning n to this amendment u n the final passage, approval and ,REEMENT. The mayor is reby authorized and directed to Zoning Agreement between t property owner and the City, City Clerk is hereby authorized and di Office of the County Recorder, Johni approval and publication of this ordinar SECTION V. REPEALER. All ord Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If invalid or unconstitutional, such adju section, provision or part thereof not ny section, provision or part of the Ordinance ication shall not affect the validity of the Ordin djudged invalid or unconstitutional. E. This Ordinance shall be in effect after its and publication, as provided by law/ Passed and approved this day of MAYOR 20 sfi l a(ibdged�te anc!..i�'s hole .any finai.=�Sas _ e, apval c;,) m b Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office pia Prepared by: Travis Kraus, Planning Inter, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ1 1 - 00009) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and Apartments Downtown, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 0.88 acres of property located at 2218 Rochester Avenue; and WHEREAS, a Owner has requested the rezon ng of said property from Low Density single Family Residen I (RS -5) to Low Density Multi Fa ily Residential (RM -12) zone; and WHEREAS, the PI ning and Zoning Commissi n has determined that, with appropriate conditions regarding approp 'ate vehicle driveway and access, the addition of a cross access easement, and general con rmance with the conc pt site plan, the requested zoning is consistent with the Comprehens a Plan; and WHEREAS, Iowa Code §4 .5 (201 1) provi es that the City of Iowa City may impose reasonable conditions on granting a applicant's fezoning request, over and above existing regulations, in order to satisfy public ne ds caused /by the requested change; and WHEREAS, the Owner acknowl ges Ahat certain conditions and restrictions are reasonable to ensure the development of T!. is consistent with the Comprehensive Plan and the need for neighborhood compati I ' y and traffic safety; and WHEREAS, the Owner agrees to develop /this property in accordance with the terms and conditions of a Conditional Zoning Agreem�t. NOW, THEREFORE, in consideration f the mutu promises contained herein, the parties agree as follows: 1. Apartments Downtown is th legal title holder f the property legally described as SECTION 11 THAT PART F SE NE DESC AS AUDITOR'S PARCEL #2000079 IN SURVEY BK 43 PG 321 ALSO INCLUDING T T PART OF LOT 1 FIRST AND ROCHESTER PART 1 DE C AS AUDITOR'S PARCEL #2000020 IN SURVEY BK 43 PG 320. 2. The Owner acknowled es that the City wishes to ensure onformance to the principles of the Compreheri a Plan and the Central district Ian. Further, the parties acknowledge that I a Code §414.5 (2011) provides that he City of Iowa City may impose reason abl conditions on granting an applicant's re oning request, over and above the existin regulations, in order to satisfy public needs aused by the requested change. 3. In consideration of the City's rezoning the subject property, development of the subject property will conform to all other requir chapter, as well as the following conditions: a. Vehicle driveway and access to the multi - family structure be ppdadm /agt/cza rez11- 00009.doc 1 O_Wner Q'ee that ehts of -14e zoning rew _ d f in /to 7- Rochester Avenue, as close to the southwest corner of the property as possible (no vehicle access or driveway allowed from or to First Avenue). b. An easement for residential use be added to the west border of the property to allow for a shared driveway with the RS -5 property to the west. c. General compliance with the concept site plan attached hereto and made part of this agreement. 4. The Owner and City acknowledge that the conditions co tained herein are reasonable conditions to im ose on the land under Iowa Code 414.5 (2011), and that said conditions satisfy blic needs that are caused by the req ested zoning change. 5. The Owner and City cknowledge that in the event the ubject property is transferred, sold, redeveloped, or s divided, all redevelopment wil conform with the terms of this Conditional Zoning Agree ent. 6. The parties acknowledge tha this Conditional Zoning greement shall be deemed to be a covenant running with the la and with title to the and, and shall remain in full force and effect as a covenant with tit to the land, unles or until released of record by the City of Iowa City. The parties further acknowledge that t agreeme t shall inure to the benefit of and bind all successors, representatives, and assi s of th parties. 7. The Owner acknowledge that nothing in t i Conditional Zoning Agreement shall be construed to relieve the Owner or Applican rom complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional oning reement shall be incorporated by reference into the ordinance rezoning t subject pr erty, and that upon adoption and publication of the ordinance, this agr ment shall be ecorded in the Johnson County Recorder's Office at the Applicant's a pense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: ppdadm /agt/czarezll- 00009.doc 2 20 APARTMENTS OWNER By: Jim Clark LLC, CD 7, City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was a�*nowledged before me on Hayek and Marian K. Karr Xs Mayor and City Clerk, LIMITED LIABILITY COMPANY AC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) , 2011 by Matthew J. of the City of Iowa City. Notary Puoic in and for the State of Iowa (Stamp r Sea[) Title ( d Rank) EMENT: On this day of A.D. 20 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared L to me personally nown, who being by me duly sworn, did say that the person is (title) of and that said instr ent was signed on behalf of the said limited liability company by authority of its managers and the said ackno ledged the execution of said ' strument to be the voluntary act and deed of said limited liabilit company by it voluntarily execute 4. Notary Public in and for the ppdadm /agt/cza rezll- 00009.doc 3 of Iowa --1 �� n•: � .mom , 2011 by Matthew J. of the City of Iowa City. Notary Puoic in and for the State of Iowa (Stamp r Sea[) Title ( d Rank) EMENT: On this day of A.D. 20 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared L to me personally nown, who being by me duly sworn, did say that the person is (title) of and that said instr ent was signed on behalf of the said limited liability company by authority of its managers and the said ackno ledged the execution of said ' strument to be the voluntary act and deed of said limited liabilit company by it voluntarily execute 4. Notary Public in and for the ppdadm /agt/cza rezll- 00009.doc 3 of Iowa ,gy") -el Ake Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ11- 00016) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.15 ACRES OF PROPERTY LOCATED 911 N. GOVERNOR STREET, FROM COMMERCIAL OFFICE (CO -1) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ11- 00016) WHEREAS, the applicant, Mark Holtkamp, has requested a rezoning of property located 911 N. Governor St. Iowa City, Iowa, from Commercial Office (CO -1) to Low Density Multi - Family Residential (RM -12); and WHEREAS, the Comprehensive Plan, Central District Plan, indicates that property is appropriate for Low Density Multi - Family Residential development; 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 dedication of right -of -way, installation of sidewalks, appropriate location of driveway, setbacks suitable for adequate site distance, and sanitary and storm sewer easements; 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 Co -1 to RMA 2: Lots 8, 9 and 10 of Bacon's Subdivision of the south part of Block 1, DA Dewy's addition to Iowa City, IA. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. 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. 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 Ja-ca Ci y Attorney's Office ( (k, Prepared by: Travis Kraus, Planning Intern, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and AB Investments (hereinafter "Owner "), and Mark Holtkamp (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.15 acres of property located 911 North Governor Street, Iowa City, Iowa; and WHEREAS, the Owner has requested the rezoning of said property from Commercial Office (CO -1) zone to Low - Density Multi - Family Residential (RM -12) zone; and . WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding dedication of right -of -way, installation of sidewalks, appropriate location of driveway, setbacks suitable for adequate sight distance, and sanitary and storm sewer easements, 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Central District Plan, traffic safety, infrastructure improvements; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. AB Investments LLC is the legal title holder of the property legally described as: Lot 8, 9 and 10 of Bacons Subdivision of South part of Block 1, DA Dewy's addition to Iowa City, IA. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central 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 the following conditions: ppdadm /agt/conditional zoning agreement holtkamp edited.doc a. Owner shall dedicate to the City the approximate 593.5 square feet shown as "proposed right of way" on the Right -of -Way Illustration, attached hereto and incorporated herein by this reference; b. Upon redevelopment, a sidewalk shall be installed along the frontage of the subject property and the two adjacent residential properties to the south to the north property line of Happy Hollow Park; c. To assure adequate sight distance, the location of the driveway is subject to the Johnson County Metropolitan Planning Organization staff approval; d. The subject property shall be developed in such a manner that the front setback will be sufficient to provide adequate sight distance for the drive, as determined by the Johnson County Metropolitan Planning Organization staff; e. Prior to issuance of any building permit for the subject property, sanitary and storm sewer easements shall be conveyed to the City. 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 MARK HOLTKAMP, APPLICANT Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk ppdadm /agticonditional zoning agreement holtkamp edited.doc 2 OWNERS AB Investments LLC y (Name, Title) Approved by: City Attorney's Office i v/a g- i f CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 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) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I 'k +t*" day of \\),nQ , 20 l i , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Mx, \-, A �4 � \ 4 vw, *, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. No lic in and or the ate of Iowa My commission expires: ''13�1�1 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 3 `d day of /\ioyemurx A.D. 20 // , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ppdadm /agt/conditionat zoning agreement holtkamp edited.doc 3 y Cc,,l eYer, to me personally known, who being by me duly sworn, did say that the {person is OwAlFR- (title) of A6 Z.�vestae� -4 s� u-L , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said 5a, Avacknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. �t "cm SONDRAEFOR7 5925 A FD-�''� o Commission Number 159791 Notary Public in and for the State of Iowa z My Commission Expires tow My commission expires: 3171,2vA-1- ppdadm /agt/conditional zoning agreement holtkamp edited.doc 4 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 11/22/2011 Vote for passage: AYES: Dickens, Mims, Wilburn„ Bailey, NAYS: Champion, Hayek, Wright. ABSENT: None. Second Consideration _ Vote for passage: Date published sd Marian Karr From: Regenia Bailey <bailey @avalon.net> Sent: Wednesday, November 30, 2011 10:50 PM To: Marian Karr Subject: FW: Concern regarding 911 North Governor Street Attachments: letter to council.docx From: regenia - bailey @iowa- city.org [mailto:regenia - bailey @iowa- city.org] On Behalf Of Christina Welu- Reynolds Sent: Wednesday, November 30, 2011 10:43 PM To: mike- wright @iowa - city.org; ross- wilburn @iowa- city.org; matt -hayek @iowa- city.org; regenia - bailey @iowa - city.org; susan -mims @iowa - city.org Subject: Concern regarding 911 North Governor Street Please take the time to read the attached letter concerning the zoning of 911 North Governor Street. Thank you for your time. Christina Welu- Reynolds 619 Brown Street November 30, 2011 Dear City Council Members, I am writing as a resident of the Northside of Iowa City. I am extremely concerned and disheartened about the proposed zoning changes to 911 North Governor Street. From my understanding the rezoning would allow for 18 units of 3 bedroom apartments. I have lived on the Northside of Iowa City since 1995, living on North Summit Street and now on Brown Street. It seems that any time I feel there is any evidence of stabilization in the neighborhood a proposal such as this is presented which, in my view as well as the view of many Northside residents, is detrimental to the stability and viability of the neighborhood. When considering the Central District of the city the only substantial "development" I have seen is large apartment complexes that tend to cater to housing large numbers of college students. I have nothing against college students since I once was one myself, however, this continual building of apartment complexes in the Central District of the city does nothing but promote the flight of families and professionals out of the city and into the outskirts of town, which is now considered the suburbs. Anymore I would be very reluctant to purchase a property in the Central District because of the very good possibility that a large apartment complex that caters to college living is going to be built within my neighborhood. I read in the newspaper on Wednesday, November 30th that one of the top priorities of the city council is to promote neighborhood stability. I see no correlation between neighborhood stability and rezoning an area within the Central District that allows for 18 units of 3 bedroom apartments. Perhaps neighborhood stability does not apply to the Northside. The parking alone is going to be a stress on the surrounding neighborhoods. This unit will not offer enough parking for all the vehicles from the complex, let alone the visitors to the complex. Streets such as Dewey, North Summit and East Brown Street will become parking venues for this apartment complex since parking is not allowed on Governor or Dodge Streets. I understand that no resident owns the street, however, please understand that people constantly coming and going from the parking spaces in front of your house is often disruptive to a quality of living standard, especially when it can involve all hours of the night. There would also be an increase in foot traffic through the neighborhoods as residence of the apartment complex make their way to and from the downtown area. What would motivate a professional or young couple to buy a house on the Northside knowing that a good night's sleep with the windows open may not happen? Please listen to the concerns of many of the Northside residents. We know what they are because we live here. We want the Central District to be prosperous and a place where a variety of people choose to live. This proposed rezoning and apartment complex will continue to push families and professionals out of the Northside. There are so many other options for 911 North Governor Street that don't involve 18 units of 3 bedroom apartments. Such a unit will affect the quality of life for many Northside residents in a negative way. Please do not allow this to happen. Sincerely, Christina Welu- Reynolds 619 Brown Street Marian Karr From: Christina Welu- Reynolds <chriswelu @gmail.com> Sent: Wednesday, November 30, 2011 10:55 PM To: Council Subject: Concern regarding rezoning of 911 North Governor Attachments: letter to council.docx Please read the attached letter regarding the rezoning of 911 North Governor Street. Thank you Christina Welu- Reynolds 619 Brown Street November 30, 2011 Dear City Council Members, I am writing as a resident of the Northside of Iowa City. I am extremely concerned and disheartened about the proposed zoning changes to 911 North Governor Street. From my understanding the rezoning would allow for 18 units of 3 bedroom apartments. I have lived on the Northside of Iowa City since 1995, living on North Summit Street and now on Brown Street. It seems that any time I feel there is any evidence of stabilization in the neighborhood a proposal such as this is presented which, in my view as well as the view of many Northside residents, is detrimental to the stability and viability of the neighborhood. When considering the Central District of the city the only substantial "development" I have seen is large apartment complexes that tend to cater to housing large numbers of college students. I have nothing against college students since I once was one myself, however, this continual building of apartment complexes in the Central District of the city does nothing but promote the flight of families and professionals out of the city and into the outskirts of town, which is now considered the suburbs. Anymore I would be very reluctant to purchase a property in the Central District because of the very good possibility that a large apartment complex that caters to college living is going to be built within my neighborhood. I read in the newspaper on Wednesday, November 30th that one of the top priorities of the city council is to promote neighborhood stability. I see no correlation between neighborhood stability and rezoning an area within the Central District that allows for 18 units of 3 bedroom apartments. Perhaps neighborhood stability does not apply to the Northside. The parking alone is going to be a stress on the surrounding neighborhoods. This unit will not offer enough parking for all the vehicles from the complex, let alone the visitors to the complex. Streets such as Dewey, North Summit and East Brown Street will become parking venues for this apartment complex since parking is not allowed on Governor or Dodge Streets. I understand that no resident owns the street, however, please understand that people constantly coming and going from the parking spaces in front of your house is often disruptive to a quality of living standard, especially when it can involve all hours of the night. There would also be an increase in foot traffic through the neighborhoods as residence of the apartment complex make their way to and from the downtown area. What would motivate a professional or young couple to buy a house on the Northside knowing that a good night's sleep with the windows open may not happen? Please listen to the concerns of many of the Northside residents. We know what they are because we live here. We want the Central District to be prosperous and a place where a variety of people choose to live. This proposed rezoning and apartment complex will continue to push families and professionals out of the Northside. There are so many other options for 911 North Governor Street that don't involve 18 units of 3 bedroom apartments. Such a unit will affect the quality of life for many Northside residents in a negative way. Please do not allow this to happen. Sincerely, Christina Welu- Reynolds 619 Brown Street Marian Karr From: mark shields <mark.d.shields @gmail.com> Sent: Tuesday, November 29, 2011 2:40 PM To: Marian Karr Subject: 911 N. Governor Rezoning Dear Council Members, Upon hearing the news that the property located on 911 North Governor Street was to be rezoned for a proposed low- density multi - family residential development, I had immediate concerns. The first concern was that this development will affect the traffic flow for residents of not only North Governor, but also for those who live on North Summit, Dewey, and Brown streets. How many vehicles should we expect these potential tenants to bring with them? One per unit? Or, more than likely, at least two? If we're talking about an 18 unit development, that would potentially be an increase of 36 vehicles that will utilize these streets daily as cut through or loop. We experience enough traffic as it is during the day and enough demonstrations of Formula One hopefuls after dark, let alone the bi- annual wayward semi tractor trailer causing costly public and private damages. We do not need an increase in volume for those looking to loop or shortcut through on these already narrow streets. The second concern would have to do with extra foot traffic cutting through yards to go from North Governor to places such as the Hilltop Tavern(on North Summit) and the North Dodge Hy -Vee. Not everyone wants to fence in their yard, nor does everyone wish to have strangers and /or pedestrians choose the path of least resistance by way of their private property. The final concern was that there is already a similar property(apartment complex) across the way from 911 North Governor located on North Dodge Street which has been a good example of how these types of developments do not work. I would not invite a similar situation. Thank You for your time and consideration, Mark Shields, Concerned Resident 913 Dewey St November 29, 2011 All Members, City Council ') L- jj §§ rear [,. .J f f f City of Iowa City 410 E. Washington Street ! ,i, (-, r Iowa City, IA 52240 •s t. From: Northside Neighborhood Association Steering Committee (contact person: John Thomas, NNA Coordinator, johnfredericthomas @gmail.com) RE: 911 North Governor Street Rezoning Application Dear Mayor Hayek and Honorable Council Members, Over the last few months, four rezoning applications have occurred in the Central District: two in the Northside neighborhood (Bloomington /Linn Streets, and 911 North Governor) and two in the College Green neighborhood (E. Washington /Johnson Streets, and 821 E. Jefferson). In evaluating the rezoning applications, the Northside Neighborhood Association has, in addition to much community discussion, revisited the City's Comprehensive Plan Central District Plan zoning map and zoning code. Some issues are common to all four applications. The Iowa City COM12rehensive Plan states that, "The integrity of the existing neighborhoods, especially those adjacent to the downtown and University of Iowa campus, will require ongoing efforts. Development of policies to ensure com a -� tibil& Qf infill residential development within established neighborhoods has been identified as a priority by the City Council ". Among the intentions of the Iowa City Zoning Code the following ones have special relevance when evaluating the recent rezoning proposals: Encourage the most appropriate use of land and foster convenient, compatible and e2cient relationship among land uses Provide the opportunity for a variety Qfhousing 0�pes to meet the needs of the city's population Promote the economic stability of existing and future land uses that are consistent with the comprehensive plan and protect them from intrusions by incompatible land uses Some of the zoning classifications raise similar concerns. The Residential Neighborhood Stabilization zones were developed specifically to preserve the remaining single - family residential character of the Central Districts. Other housing classifications stress that infill development must be compatible with the surrounding neighborhood. With the Comprehensive Plan and the zoning code providing general guidance, two issues and opportunities stand out: compatibility and providing a variety of housing types. The question of infill development's compatibility with the surrounding land uses, in this case residential neighborhoods, can be measured in a variety of inter - related ways. They include density per acre, as measured both by density of units, and density of occupants. A second measure of neighborhood compatibility is whether the development consists of single - family or multi- family dwellings. A third measure is architectural compatibility. Architectural compatibility can be assessed in terms of many variables, including building size, height, massing, and architectural style. A fourth measure is site development, which includes such considerations as building lot coverage and the amount of paved and landscaped area. In addition to ensuring that infill development is compatible with the surrounding neighborhood, providing a variety of housing types is of critical importance in promoting and encouraging a suitable environment for family life while accommodating a full range of life -cycle housing. Rezoning 911 North Governor Street With these considerations in mind, what are the primary concerns with 911 North Governor Street? The property is an extraordinary infill development opportunity, 1.15 acres in size. Redevelopment of this vacant commercial office site could help invigorate the neighborhood, while possibly fulfilling the need for more diverse housing opportunities in the Central District. In comparing the �e�oni options low den i multi [amily versus medium or high density single - family - the primary concern is which is better suited to the overall character Q the neighborhood The issue j2tdensiv �s not the main actor as roughly equivalent dwelling densities can he achieved with either one Our analysis of the neighborhood concludes that a pocket neighborhood of approximately 12 -15 small single - family homes would be a better fit with the surrounding neighborhood. What is truly distinctive about this part of the Northside is its many small single - family homes, some dating back to the early 1900's. On a parcel this size, the City could explore the possibility of a planned development overlay to provide more flexibility and efficiency in the site planning of the dwellings, landscaping and parking, as well as explore more sustainable ways of meeting energy needs and reducing storm water flows. Rezoning the commercial office property to single - family would also comply with the City's policy of consistent zoning along a street frontage, in this case single - family zoning along Governor Street. More importantly, adding 12 to 15 small, single - family homes is preferable to adding 18 multi- family apartments in this area of the Northside. North of Brown Street, approximately 60 properties with single- family homes or duplexes have frontage along North Dodge and Governor Streets. The existing 39 -unit multi - family complex on North Dodge Street provides more than sufficient opportunities for apartment living. The proposed rezoning would bring the cumulative total of multi - family units to 57, nearly equaling the number of single - family zoned properties. In summation, the infill development of 911 North Governor Street provides an extraordinary opportunity to provide affordable housing in the Central District. A neighborhood pocket would build on Iowa City's legacy of small single - family homes, while preserving and enhancing the integrity of this area of the Northside. rwCffit� -p FILED DEC - S 2011 -��OH.n lk-Y� s City Clerk To: The City of Iowa City Council Iowa Ci.,,, Iowa We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single- family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty -nine multi - family units on North Dodge Street. Name Address Date Z (,z2� 3rd C 522 Z/311 ` 1V �7 T-o. Cc' 1 u 5_ C�' c i c. ;-7 ; 6 �1) L I I; F IL-4- I l I�•b•2all To: The City of Iowa City Council FILED DEC - 6 2011 City Clcrk IM Ck %, Iowa We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single- family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty-nine multi- family units on North Dodge Street. Name Address Date O` I �/, I q4 FILED DEC -6 2011 To: The City of Iowa City Council City Ce-k Icwa Cuba, I(Ya;a We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty-nine multi- family units on North Dodge Street. Name Address Date W, q '�j (mot 411V J )4-3 j I 5 224 S f 2 3 1 1 3o 6-2a 3 . L- 3-- // �CO �vi r� ro 13� t FILED DEC - 6 2011 To: The City of Iowa City Council iejva City �acf ity,1� lc?',v We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty-nine multi - family units on North Dodge Street. Name Address I _ .,, 0411 1 Date % �Y� .P CO 2-L %JQ0 /L'Al (11 �'J- �� 9 � AA S� �-� 1 ► ► � �� -�-� -� 1�--� %�- � � a%� it f )b Fb'rck ldl IC IA 52214� Lj Z,6 Fa t r clk A FILED DEC — 6 2011 City CiCrk Iowa City, Iowa To: The City of Iowa City Council We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty - nine multi - family units on North Dodge Street. Narqe Address Date � >ff z > f 7 row^ 1263Z90rt 1013 row j2 t r � F RIM, ���!���•: � 1111 � ,� DEC - 6 2011 4cnva Ciq; , le'a'p To: The City of Iowa City Council We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi - family units to the existing thirty -nine multi- family units on North Dodge Street~ Address Name I-7 Date zd // 1'z /'V ZA o!/ 1 01 it FUTV DEC ­ 6 7.011 City ch�-k To: The City of Iowa City Council !( "'Va '"y' We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty -nine multi- family units on North Dodge Street. Name Address Date n.J U J IMF f , Z-P�Ne/ ,o5,71,1, ' J) M � c_ln / L/ L X", 44 Jti�Jl1:7 S joj a. Al- )0a n _ y "dc 20 1 S(�i✓tM i S i ! Z- �i - qW Z�� 1 --6oS 1 UIVCAA/ HLEV DEC -- 6 2011 To: The City of Iowa City Council City ca,.1k nvj We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single- family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty-nine multi- family units on North Dodge Street Name _ Address Date w6 ,114 Ku'q A K0 4 r� 0n 0121; st X31 ') CL V�' I,- cvt r-t i 1 1214 Z 2od 2v Z-14112-011 � 2-/14 1 NASDYtk% , I_�n tV i a 1e- WMA ( 12-1 �i I 2 D 11 F e.,7 D01J'- 10O i ,N ,� ,_mr 4 VV�O) / AT - 6 2011 City ci"k To: The City of Iowa City Council We support the redevelopment of 911 North Governor Street with housing compatible in size and character with the surrounding neighborhood of North Governor Street and North Dodge Street and Dewey Street, which is composed primarily of single - family homes, with some duplexes. We do not support the addition of eighteen additional multi- family units to the existing thirty-nine multi- family units on North Dodge Street. V Address Date 61:�L 535 540 • r 13D 71 718 5:1 538 11,:,5 4: 536 0 712 710j E- 1101 j x 445 525 1112 1029 E i0g.", 532 1019 1 1 501 505 4, 1100102 - loll 507 I 1120 V30 0 1024 1626 103� 563 101 �5 < 431 4� 1016 - 1020 417 01 rL 1030 933 421 0 010 1029 1 is 1029 n 931 1014 415 440 04 � 432 927 1\0 10 025 0 1 8 925 040 930 1012 420 923, 1032 418 412 919 1028 1009 14-8 1006 406 917 N22 1002 402 5\ 1007 42 915 S2 1021 1015 F�924 118 33>v --7, 6 U1009 941 1,922 5 925 W 939 9311 918 917 41 928 935 0 927 016 i14 915 93, 920 923J 909 '912- 914112 40 927� 918 915 907 8 921- L-i 910 900 905 1 917 rz 906 914 9 0 837 901 902 $31 909 C3 $19 - 29 905 r 8170 814 r - 842 812 827 $13 $10 825 821 72.1 815 $14 '804 0 sio 816 632 802714 728 802 L11=3 loo M707F [272i�7 713 �21 t 1 15 Jc 'U9 Y �L27 7221 1 H Cr" �817 .727, J-72291 j 71-3 714 071' T FILE, 1 610918320707 1,4 $14320824S30 4ZO919 M32 7 704-712 724 �80 604608-1 1�_1714- 730, DEC Johnson County, Iowa City Clerk P Iowa City, Iowa hi Rezoning REZ11- 00016: CONDITIONALLY REZONING APPROXIMATLEY 1.15 ACRES OF PROPERTY LOCATED 911 N. GOVERNOR STREET, FROM COMMERCIAL OFFICE (CO -1) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). RS5 RS12 CITY OF IOWA CITY Z-1 I 0 N �v ��slY��tA�iM 101 Hopp y Hollow P-.Qrk RM12 Cemetery Ookl on d Cem e ter P1 RONALDS ST— SITE LOCATION: 911 N, Governor REZii -00015 Historic District * landmark Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 11-4460 ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES "OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMID) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND PROVIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE LEVY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act ") to create a self- supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the maintenance of improvements or self - liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and, . WHEREAS, a petition (the "Petition ") was filed with the City Clerk on August 25, 2011 pursuant to the Act petitioning the City Council to create the Iowa City Downtown Self- Supported Municipal Improvement District (the "Proposed District "), to establish an operation fund with respect to the Proposed District, and to levy an annual tax for such fund for a period of four years, all for the purpose of paying the operational expenses of the Proposed District. WHEREAS, the Petition is in compliance with the provisions of the Act; and, WHEREAS, on September 6, 2011, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and, WHEREAS, on October 4, 2011 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and, WHEREAS, on October 4, 2011, the City Council scheduled a public hearing for November 1, 2011, at 7:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and, WHEREAS, notice of the hearing was published in the Iowa City Press Citizen on October 13, 2011, and a copy of such notice was mailed by certified mail on October 13, 2011, to all the owners of record of real property located within the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and, WHEREAS, at the aforementioned time and place, the City Council did meet and hear all owners of property in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and, WHEREAS, on November 1, 2011, the City Council closed the public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable requirements imposed by the Act; and, WHEREAS, more than thirty days has now passed since the public hearing on the creation of the Proposed District was closed, and a petition containing the requisite number of signatures that would require the matter to be withdrawn from Council consideration has not been filed with the City Clerk opposing the creation of the Proposed District. Ordinance No. 11 -4460 Page 2 NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section I. That a new Chapter 7 entitled "Iowa City Downtown Self Supported Municipal Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the City Code, as follows: 1. In accordance with Iowa Code Chapter 386 there is hereby established and created in the City of Iowa City, a self- supported municipal improvement district as defined in the Act, the name of which shall be the "Iowa City Downtown Self- Supported Municipal Improvement District" (herein the "District "). The District shall include all property within the following described boundaries: Beginning at the centerline of Gilbert Street where it intersects with the extended centerline of the east -west alley between Bloomington and Davenport Streets in Block 57; Thence west along said alley centerline to the centerline of Linn Street; Thence south along the Linn Street centerline to where it intersects with the extended centerline of the east -west alley between Market and Bloomington Streets in Block 68; Thence west along the alley centerline to where it intersects the centerline of Dubuque Street; Thence south along the Dubuque Street centerline to the centerline of Jefferson Street; Thence east along the Jefferson Street centerline to the sidewalk on the east side of Gilbert Street; Thence south along the western boundary of said sidewalk to its intersection with the south boundary of the east -west alley between Iowa Avenue and Jefferson Street in Block 45; Thence east along the southern boundary of the alley to the NW corner of Lot 6 Block 45; Thence south along western boundary of Lot 6 to where said western boundary extended intersects the centerline of Iowa Avenue; Thence west along the Iowa Avenue centerline to the centerline of Clinton Street; Thence south along the Clinton Street centerline to the centerline of Washington Street; Thence west along the Washington Street centerline to the centerline of Capitol Street; Thence south along the Capitol Street centerline to the southern boundary line extended of Lot 4 Block 83; Thence east 182' to the east right -of -way line of Clinton Street; Thence south to the southwest corner of Lot 5 Block 82; Thence east along the southern boundary of Block 82 to the centerline of Dubuque Street; Thence north along Dubuque Street centerline to a point 40' west and 120' north of the southwest corner of Lot 5 Block 64; Thence east to the centerline of Linn Street; Thence south along Linn Street centerline to the southern boundary of block 63 extended; Thence east along the southern boundary of block 63 to the centerline of Gilbert Street; Thence north along the Gilbert Street centerline to a point 40' west of the NW corner of Lot 4 Block 44; Thence east along the south right -of -way line of Iowa Avenue to the NE corner of Lot 3 Block 44; Thence north to the northern boundary of the east -west alley between Iowa Avenue and Jefferson Street in Block 45; Thence west along the northern boundary of said alley to the eastern boundary of the sidewalk on the east side of Gilbert Street; Thence north along the eastern boundary of said sidewalk and crossing Jefferson Street to the northern boundary of the sidewalk on the north, side of Jefferson Street; Thence west, crossing Gilbert Street, to the NW corner of Gilbert and Jefferson Streets; Thence west along the sidewalk to the SW corner of Lot 5 Block 59; Thence north to the centerline of the east -west alley between Jefferson and Market Streets; Thence east along the alley centerline to the SE corner of Lot 4 Block 46; Thence north to the northeast corner of Lot 4 Block 46; Thence north 105' to a point 25' north of the SE corner of Lot 5 Block 47; Thence west to the centerline of Gilbert Street; Ordinance No. Page 3 11 -4460 Thence north to the point of beginning, and excepting those properties zoned Neighborhood Public, which are as follows: The north 110' of the west 58.5' of Lot 4 Block 65 Lots 7, 8, and the east 20' Lot 6 Block 65 The west 58.5' of N 110' of Lot 4 Block 65 Lot 5 and the west 28.66' of Lot 6 Block 61 The east 38.3' Lot 6, all of Lot 7, and the west 39.7' of Lot 8 Block 58 3. It is hereby found and determined that all of the property within the District is similarly related so that the present and potential use or enjoyment of the property is benefitted by the condition, performance of administration, redevelopment, revitalization and maintenance of the District and the owners of property in the District have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the District. 4. Pursuant to the provisions of the Act, there is hereby established and created a self- supported municipal improvement district operation fund with respect to the District to be known as the "Iowa City Downtown Self- Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund "), for which the City may certify taxes (the Operation Tax ") against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes), within the District (the "Property ") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2012 for the purposes of paying the administrative and operational expenses of the District, as defined and authorized in the Act or paying part or all of the maintenance expenses of "improvements" or "self- liquidating improvements ", as defined in the Act, for a period of four (4) years. 5. The City may disburse the amounts collected in the Operation Fund, in accordance with the recommendations of a SSMID Advisory Board as described in paragraph 7 of the Petition. Any such disbursements shall be made to a SSMID Board, as described in paragraph 6 of the Petition and established in accordance therewith, for one or more of the following purposes: a) Development and management of activities in support of marketing, business retention and attraction, including, but not limited to: Establish databases Space referrals and assistance Marketing activities, including media and advertising campaigns and communication materials Miscellaneous business support services Establishment and promotion of special events, festivals, and activities Further improvements and expansion of the Park & Shop /Bus & Shop Program b) Physical or other improvements designed to enhance the image and appearance of the Proposed District, including, but not limited to: Lighting Improvements Seasonal and decorative enhancements Signage and banners Landscaping c) To hire a Business Development Manager and Assistant Business Development Manager who will work for the Board to manage the work of the Iowa City Downtown Self Supporting Municipal Improvement District Board and to fulfill the intent of the Petition. 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed a rate of two dollars ($2) per one thousand dollars ($1,000) of taxable value of the Property. Ordinance No. 11 -4460 Page 4 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 6th day of December , 2011. MAYOR Pro tem ATTEST: CITY 66ERK mr�l/a- & -)/ City Attorney's Office Ordinance No. 11 -4460 Page 5 It was moved by Bailey and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey Champion x Dickens x Hayek x x Mims x Wilburn x Wright First Consideration 11/1/2011 Vote for passage: AYES: Bailey, Mims, Wilburn, Wright. NAYS: NONE. ABSENT: Dickens. ABSTAINING: Hayek, Champion. Second Consideration 11/22/2011 Vote for passage: AYES: Bailey,Mims,.Wilburn, Wright. NAYS: None. ABSENT: None. ABSTAINING: Hayek, Champion, Dickens. Date published 12/15/2011 k Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "FINANCE, TAXATION AND FEES "OF THE CITY CODE TO ADD A NEW CHAPTER ESTABLISHING THE IOWA CITY DOWNTOWN SELF - SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT (SSMI ) PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; AND P VIDING FOR THE ESTABLISHMENT OF AN OPERATION FUND AND THE L VY OF AN ANNUAL TAX IN CONNECTION THEREWITH. WHEREAS, the Ch of Iowa City is authorized by Cha ter 386, Code of Iowa (the "Act ") to create a self- supported municipal i provement district in the City, to rovide for the existence and operation of such district, to provide for th maintenance of improvemen or self - liquidating improvements for such district, and to levy taxes with spect to such district, all aX more specifically defined in the Act; and, WHEREAS, a petition (th "Petition ") was filed ith the City Clerk on August 25, 2011 pursuant to the Act petitioning the CityCouncil create the Iowa Pity Downtown Self- Supported Municipal Improvement District (the 'Proposed istrict" ), to est lish an operation fund with respect to the Proposed District, and to levy an annual tax fors ch fund for period of four years, all for the purpose of paying the operational expenses of the Proposed trict. WHEREAS, the Petition is in comp WHEREAS, on September 6, 2011, City's Planning and Zoning Commission for WHEREAS, on October 4, 2011 Zoning Commission on the merit and fe; with the provisions of the Act; and, y Council received the Petition and referred it to the in accordance with the Act; and, City Co cil received the report of the City's Planning and ity of the Kroposed District; and, WHEREAS, on October 4, 201 , the City Counci cheduled a public hearing for November 1, 2011, at 7:00 P.M., at which it propo d to take action for frke establishment of the Proposed District, and did direct that notice of such hearing a given in accordance Nkith the Act; and, WHEREAS, notice of the taring was published in the I wa City Press Citizen on 2011, and a copy of such notice as mailed by certified mail on 2011, to all the owners of record of real property located w' hin the Proposed District as show by the records of the Johnson County Auditor, in satisfaction the notice requirements of the Act; d, WHEREAS, at the of rementioned time and place, the City Cou it did meet and hear all owners of property in the Proposed istrict and residents of the City desiring to a ress their views with respect to the establishment of the roposed District; and, WHEREAS, on 2011, the City Council closed the public hearing on the creation of the Propose District and found that the Petition and the Proposed District satisfied the applicable requireme s imposed by the Act; and, WHEREAS, more than thirty days has now passed since the public hearing on the creation of the Proposed District was closed, and no petition has been filed with the City Clerk opposing the creation of the Proposed District. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Iowa City, Iowa, Section I. That a new Chapter 7 entitled "Iowa City Downtown Self Supported Municipal Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the City Code, as follows: 1. In accordance with Iowa Code Chapter 386 there is hereby established and created in the City of owa City, a self - supported municipal improvement district as defined in the Act, the name o which shall be the "Iowa City Downtown Self- Supported Municipal Improvement District" ( erein the "District "). 2. The District shall include all property within the folloNYing described boundaries: Beginning at the cen dine of Gilbert Street where it inter ects with the extended centerline of the east -west alley betwee Bloomington and Davenport Str ets in Block 57; Thence west along said ley centerline to the centerline f Linn Street; Thence south along the Li Street centerline to where i intersects with the extended centerline of the east -west alley betwe Market and Bloomington treets in Block 68; Thence west along the alley c terline to where it inter cts the centerline of Dubuque Street; Thence south along the Dubuqu Street centerline to t e centerline of Jefferson Street; Thence east along the Jefferson eet centerline to t e sidewalk on the east side of Gilbert Street; Thence south along the western bou ary of said si ewalk to its intersection with the south boundary of the east -west alley betwee Iowa Ave a and Jefferson Street in Block 45; Thence east along the southern bounda of the al ey to the NW corner of Lot 6 Block 45; Thence south along western boundary of t 6 to here said western boundary extended intersects the centerline of Iowa Avenue; Thence west along the Iowa Avenue cent Thence south along the Clinton Street cen Thence west along the Washington Street Thence south along the Capitol Street cen Block 83; Thence east 182' to the east right -of -way I Thence south to the southwest corner of L Thence east along the southern bounda Thence north along Dubuque Street cen corner of Lot 5 Block 64; Thence east to the centerline of Linn ree erli the centerline of Clinton Street; terli to the centerline of Washington Street; ce a ine to the centerline of Capitol Street; ter ne the southern boundary line extended of Lot 4 i e of Clin n Street; t 5 Block of Block 82 the centerline of Dubuque Street; dine to a coin 40' west and 120' north of the southwest Thence south along Linn Street cente line to the southern b Thence east along the southern bou dary of block 63 to the Thence north along the Gilbert Stre t centerline to a point 40' ndary of block 63 extended; : nterline of Gilbert Street; Est of the NW corner of Lot 4 Block 44; Thence east along the south right f -way line of Iowa Avenue to t e NE corner of Lot 3 Block 44; Thence north to the northern bou dary of the east -west alley betwe n Iowa Avenue and Jefferson Street in Block 45; ,L, Thence west along the norther boundary of said alley to the eastern b6ondary of the sidewalk on the east side of Gilbert Street; Thence north along the east n boundary of said sidewalk and crossing Jefferson Street to the northern boundary of the si walk on the north side of Jefferson Street; Thence west, crossing Gilb rt Street, to the NW corner of Gilbert and Jefferson. treets; Thence west along the si walk to the SW corner of Lot 5 Block 59; Thence north to the cent rline of the east -west alley between Jefferson and Market Streets; Thence east along the ey centerline to the SE corner of Lot 4 Block 46; Thence north to the no heast corner of Lot 4 Block 46; Thence north 105' to point 25' north of the SE corner of Lot 5 Block 47; Thence west to the nterline of Gilbert Street; Thence north to the point of beginning, and excepting those properties zoned Neighborhood Public, which are as follows: The north 110' of the west 58.5' of Lot 4 Block 65 Lots 7, 8, and the east 20' Lot 6 Block 65 The est 585 of N 110' of Lot 4 Block 65 Lot 5 d the west 28.66' of Lot 6 Block 61 The eas 38.3' Lot 6, all of Lot 7, and the west 397 of Lot 8 Block 58 3. It is hereby found a d determined that all of the property withi the District is similarly related so that the present and potentia use or enjoyment of the property is ben fitted by the condition, performance of administration, re velopment, revitalization and maint ance of the District and the owners of property in the District h e a present and potential benefit f m the condition, performance of administration, redevelopment, revita zation and maintenance of the istrict. 4. Pursuant to the provisions of a Act, there is hereby esta lished and created a self- supported municipal improvement district operation nd with respect to the Di trict to be known as the "Iowa City Downtown Self- Supported Municipal Irn 0 ement District Operati n Fund" (herein the "Operation Fund "), for which the City may certify taxes (the "Op ation Tax ") against a property, as defined in the Act (excluding property assessed as residential p perty for propert tax purposes), within the District (the "Property ") each year, in addition to all other to s, commenci with the levy of taxes for collection in the fiscal year beginning July 1, 2012 for the purpos of paying t e administrative and operational expenses of the District, as defined and authorized in the Ac or paying art or all of the maintenance expenses of "improvements" or "self- liquidating improvements ", s defin d in the Act, for a period of four (4) years. 5. The City may disburse the amounts collect d i the Operation Fund, in accordance with the recommendations of a SSMID Advisory Board as desc ' ed in paragraph 7 of the Petition. Any such disbursements shall be made to a SSMID Board, as d ribed in paragraph 6 of the Petition and established in accordance therewith, for one or more f t following purposes: a) Development and management of activ' ies ins pport of marketing, business retention and attraction, including, but not limited to: Establish databases Space referrals and assistance Marketing activities, including media nd advertising cam aigns and communication materials Miscellaneous business support se ices Establishment and promotion of sp cial events, festivals an activities Further improvements and expan on of the Park & Shop /Bu & Shop Program b) Physical or other improvem�ts designed to enhance the image and appearance of the Proposed District, including bu not limited to: Lighting Improvements Seasonal and decorative en ancements Signage and banners Landscaping c) To hire a Business D elopment Manager and Assistant Business Devel ment Manager who will work for the Board manage the work of the Iowa City Downtown Self S porting Municipal Improvement District and and to fulfill the intent of the Petition. 6. The rate of the O eration Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed a rate of tw dollars ($2) per one thousand dollars ($1,000) of taxable value of the Property. 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`,�ection, provision or part thereof not adjudged invalid or unconstitutional. .qF[:TInN IV 'EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this,. day of /,2011. MAYOR ATTEST: CITY CLERK p oved by City Attorney's Office 11� Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO AMEND THE REQUIREMENTS FOR NON -BAR AND ENTERTAINMENT VENUE EXCEPTIONS. WHEREAS, the Partnership for Alcohol Safety (PAS) has made a series of proposals to the City for amending the City's Under 21 ordinance; and WHEREAS, the PAS proposals are largely geared toward leveling the playing field for bars and non - bars with liquor licenses and exception certificates; and WHEREAS, the PAS recommendations come with the a significant amount of support from the bar community; and WHEREAS, after the passage of time under the Under 21 ordinance the City has seen the need to make some minor amendments to improve the ordinance in furtherance of Council intent; and WHEREAS, mandating that several criteria and standards be set by Council via resolution will allow for greater Council flexibility speed with which to respond to problems as they develop; 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. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, is hereby amended by deleting it in its entirety and replacing it with the following language: A. However, the provisions of subsection A of this section shall not apply when: (Ord. 03 -4073, 5 -6- 2003, eff. 8 -1 -2003) 1. The person under the legal age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. 2. The person under the legal age is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2 -6 -3 of this code who is the legal age or older. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 3. The licensee or permittee applies for and qualifies for an exception certificate from the Chief of Police, or his or her designee, as follows: a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the City Clerk a verified statement from an accountant which establishes that on average over a calendar year more than fifty percent (50 %) of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer. Income from fees charged to gain entry to or remain on the premises, such as cover charges, as well as drink mixes, or any part of an alcoholic beverage as defined in chapter 123 of the state code are to be counted as alcohol sales. Any purchases required to gain entry shall be considered cover charges. Ticket sales for any event performed on stage in a theater in which the entire audience area is consistent with traditional theater seating shall be counted as non - alcohol sales. The statement shall recite the actual percentage of non - alcohol sales, as defined herein, and be based on records made in the regular course of the licensee's or permittee's business. In order to qualify for an exception certificate, applicants must possess a trailing twelve (12) month Possession of Alcohol Under the Legal Age (PAULA) ratio below the allowable limit, as defined and set by City Council by resolution. b. In addition to the aforementioned statement, proof of qualification for the exception may include the business records on which the statement is based, profit and loss statements, state and federal tax records, applications for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased, which records shall be made available to the Chief of Police or designee for review upon request. The Chief of Police or designee may require an audit of the establishment by an auditor selected by the Chief of Police or designee,. which audit will be performed at the expense of the applicant. In that event, the applicant must submit a deposit to the City in an amount set by City Council via resolution for the payment of the audit. At the conclusion of the audit, any additional costs over the deposit amount must be paid by the applicant before an application will be considered further. Any surplus funds from the deposit will be promptly returned to the applicant. Failure to submit the deposit or pay costs of the audit will result in a denial of the application. The factors the Chief of Police or designee will consider in determining whether to require an audit will be established by resolution of the City Council, but the final decision to require an audit will be that of the Chief of Police or designee. c. If the Chief of Police or designee determines that the licensee has satisfied the above requirements an exception certificate shall be issued. d. An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. e. A new licensee or permittee, as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose is not the sale of alcoholic beverages, wine or beer may obtain a temporary six (6) month exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection B3 of this section and the licensee or permittee submits an affidavit which details the nature of the new establishment and the anticipated percentage of sales of food and nonalcoholic beverages. At the end of the six (6) month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections 133a through 133c of this section if sales during the six (6) month period support an exception, and the licensee or permittee has met the PAULA ratio requirement referenced in 133a. No more than one (1) temporary exception certificate may be granted for any location within a three (3) year period. Applicants who sign an affidavit pursuant to this subparagraph but fail to secure renewal of the exception certificate following the six (6) month certificate for the subject location may not be awarded an exception certificate for any other new location within three (3) years of the granting of the subject six (6) month certificate. f. To be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the exception certificate issued by the Chief of Police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. In addition, the licensee or permittee must provide staff of sufficient number and capability to monitor all patrons to prevent underage possession of alcohol. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003) g. Revocation: Exception certificates may be revoked by the Chief of Police, or designee, for good cause. Licensees or permittees may appeal a revocation to the City Manager or designee by filing a written notice of appeal with the City Clerk within ten (10) days of the mailing, by first class mail, of the revocation decision. Appeals will ordinarily be heard no later than fourteen (14) days, and in no event later than thirty (30) days, following the filing of an appeal in the office of the City Clerk. In the event of a revocation, the licensee may continue to operate with their exception certificate until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager or designee, until after the City Manager or designee has issued his or her ruling on appeal. In the event the City Manager or designee affirms the revocation, the establishment's exception certificate will expire seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as determined solely by the Chief of Police, rises above the maximum allowed PAULA ratio, as established by City Council by resolution; or (3) Where the establishment has failed to cooperate fully with the police department; or (4) Where continued operation under the exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. (5) Revocations shall last twelve (12) months. Following the period of revocation, the applicant may re -apply for an exception certificate. 4. The person under the legal age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the Chief of Police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 5. The person under the legal age is a patron of an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4 -5 -31D of this chapter. (Ord. 04 -4123, 4 -20 -2004; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 6. The person under the legal age is on the alcohol free portion of the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the Chief of Police or designee, divided the premises into alcohol free and alcohol permitted sections. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of underage patrons. If the plan is approved, the Chief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. In addition, the following requirements must be met: a. The physical setup and separation of the alcohol free and alcohol permitted portions of the establishment must earn prior approval by the director of housing and inspection services, or designee, for matters of safety and code compliance, including, but not limited to, occupancy, bathrooms and exits. b. Both the alcohol free and alcohol permitted portions of the establishment shall include city code compliant bathrooms. The director of housing and inspection services may, but is not required to, allow those establishments with a PAULA ratio under that set by City Council by resolution during the trailing twelve (12) months prior to the event application, to permit patrons of both the alcohol free and alcohol permitted spaces to share the same bathrooms, as long as the establishment strictly enforces a rule prohibiting alcoholic beverages in the bathrooms. For purposes of this section, the PAULA ratio shall be based on the twelve (12) PAULA reports immediately preceding the licensee's event application, all as calculated by the Chief of Police, or designee. d. The alcohol free and alcohol permitted portions of the establishment must be separated by one hour construction walls and doors, as approved by the director of housing and inspection services, or designee, or comparable barriers, as approved by the Chief of Police, or designee. e. It shall be the strict duty of the licensee to exclude those under legal age from the alcohol permitted area, and to exclude all alcoholic beverages from the alcohol free area. f. All patrons of legal age must be marked with a wristband indicating they are of age. All patrons under legal age must be marked indicating they are under legal age. (Ord. 10- 4411, 10 -26 -2010) 7. The licensee or permittee applies for, qualifies for, and is granted an entertainment venue exception certificate: a. Requirements: In order for an entertainment venue exception certificate to be issued by the Chief of Police, or designee, the establishment must demonstrate, to the satisfaction of the Chief of Police, or designee, that all the following requirements have been met: (1) The venue has hosted and will continue to host shows on at least one hundred fifty (150) calendar days each year; and (2) The venue has a permanently installed (not risers) and dedicated performance stage of at least eight feet by six feet (8'x 6') in dimension, which shall never be used for any purpose other than by performers during shows; and (3) The venue must distribute at least fifty percent (50 %) of any fees charged to gain entry to or remain on the premises, including, but not limited to, cover charges and ticket sales, from the period of opening until closing, to the show performer(s) within forty eight (48) hours of the completion of the show; and (4) The venue subscribes to at least one industry tracking service, such as Pollstar Pro, or comparable alternative; and (5) The venue has a PAULA ratio, as determined solely by the Chief of Police or designee, of no greater than that allowed by City Council, as established by resolution; and (6) The venue has permanently installed professional light and sound; and (7) The venue marks all patrons of legal drinking age with a wristband, and marks all patrons under legal drinking age with either a wristband of a different color from the legal age patrons, or permanent marker on the hand; and (8) The venue provides staff of sufficient number and capability to monitor all patrons at all shows; and (9) The venue provides to the Chief of Police, or designee, a report of all upcoming show dates at least seven (7) days prior to any show; and (10) The venue provides to the Chief of Police, or designee, reports detailing all dates on which a show took place, including the name of the performer(s) for each show, which reports shall be due no later than the ninetieth, one hundred eightieth, two hundred seventieth, and three hundred sixtieth day following issuance of the entertainment venue exception certificate; and (11) The venue employs at least one salaried employee responsible for booking shows by performers, and promptly provides both the employee name and most recent salary paystub upon request from the city; and (12) The venue employs only TIPS certified bartenders and servers on any show date; and (13) The venue allows city inspection, at any time and for any reason, of the venue, professional sound and lighting equipment, and show and performer financial records, including, but not limited to, show settlement sheets. b. Duration: Entertainment venue exception certificates shall be valid for one year, or until expiration of the premises liquor license, whichever is sooner. New Businesses: New businesses may be granted an entertainment venue exception certificate by satisfying all requirements of subsection B7a of this section, save subsections B7a(1) and B7a(5) of this section. For establishments previously operating under the same or substantially similar ownership and /or management, the PAULA ratio restrictions of subsection B7a(5) of this section apply, and will be utilized in assessing the establishment's application. For establishments not previously meeting the minimum show day requirements of subsection B7a(1) of this section, a credible business plan must be accompanied by a notarized affidavit by the establishment owner (or largest shareholder) attesting that the establishment will meet all requirements of subsection 137a of this section. d. Revocation: Entertainment venue exception certificates may be revoked by the Chief of Police, or designee, for good cause. Venues may appeal a revocation to the City Manager or designee by filing a written notice of appeal with the City Clerk within ten (10) days of the mailing, by first class mail, of the revocation decision. Appeals will ordinarily be heard no later than fourteen (14) days, and in no event later than thirty (30) days, following the filing of an appeal in the office of the City Clerk. In the event of a revocation, the venue may continue to operate as an entertainment venue until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager, or designee, until after the City Manager, or designee, has issued his or her ruling on appeal. In the event the City Manager affirms the revocation, the venue's entertainment venue exception privileges will cease seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as determined solely by the Chief of Police, rises above the maximum allowed PAULA ratio set by City Council, as established by resolution; or (3) Where the venue has failed to cooperate fully with the police department; or (4) Where the venue has failed to maintain compliance with all requirements of subsection 67a of this section; or (5) Where continued operation under the entertainment venue exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. (6) Revocations shall last twelve (12) months. Following the period of revocation, the applicant may re -apply for an exception certificate. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on upon publication. Passed and approved this day of 12011. MAYOR ATTEST: CITY CLERK Approved by 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 12/6/2011 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration — Vote for passage: Date published ),,,1/3 4 -5 -8: PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS: A. No person, individual, association, corporation, partnership or club holding a liquor control license, wine or beer permit, which authorizes on the premises consumption, nor his or her agents or employees shall allow a person who has not yet attained the legal age to enter or remain in the licensed or permitted establishment between the hours of ten o'clock (10:00) P.M. and closing. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) B. However, the provisions of subsection A of this section shall not apply when: (Ord. 03 -4073, 5 -6- 2003, eff. 8 -1 -2003) 1. The person under the legal age is an employee of the license or permit holder, or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours. 2. The person under the legal age is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2 -6 -3 of this code who is the legal age or older. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 3. The licensee or permittee applies for and qualifies for an exception certificate from the s# ief of pol+seChief of Police, or his or her designee, as follows: a. A licensee or permittee whose primary business purpose is not the sale of alcoholic beverages, wine or beer may qualify for an exception by filing with the Csity eClerk a verified statement from a GeFtified publiG aGGOURtant OF an accountant which establishes that on average over a calendar year more than fifty percent (50 %) of the licensee's or permittee's gross sales on the premises are from the sale of goods or services other than alcoholic beverages, wine or beer_ I- , ncome from fees charged to gain entry to or remain on the premises, such as cover charges, as well as drink mixes, or any part of an alcoholic beverage as defined in chapter 123 of the state code are to be counted as alcohol sales. Any purchases required to gain entry shall be considered cover charges Ticket sales for any event performed on stage in a theater in which the entire audience area is consistent with traditional theater seating shall be counted as non - alcohol sales. The statement shall state recite the actual percentage of such non- alcohol sales, as defined herein, and be based on records made in the regular course of the licensee's or permittee's business. In order to qualify for an exception certificate applicants must possess a trailing twelve (12) month Possession of Alcohol Under the Legal Age (PAULA) ratio below the allowable limit as defined and set by City Council by resolution. In addition to the aforementioned statement, proof of qualification for the exception may include the business records on which the statement is based, profit and loss statements, state and federal tax records, applications for dramshop insurance and audits performed to determine dramshop insurance premiums, and receipts from vendors for goods purchased, which records shall be made available to the Ghiefe# pe#iceChief of Police or designee for review upon request. The Chief of Police or designee may require an audit of the establishment by an auditor selected by the Chief of Police or designee which audit will be performed at the expense of the applicant. In that event the applicant must w### submit a deposit to the City in an amount set by City Council via resolution for the payment of the audit. At the conclusion of the audit, aAny additional costs over the deposit amount must be paid by the applicant before an application will be considered further. Any surplus funds from the deposit will be promptly returned to the applicant Failure to submit the deposit or pay costs of the audit will result in a denial of the application The factors the peiiseChief of Police -chief or designee will consider in determining whether to require an audit will be established by resolution of the G+bLQ�City Council,— Gu*danGe faF when the audit well be Fed will h° nnn# ined in n ppligy appFeved via re'-'-''utoVtrbut the but the u lfima# °final decision to require an audit will be that of the Chief of Police or designee. c. If tThe Ghief of PGIiGeChief of Police or designee determines that the licensee has satisfied the above reguirementsshall ffigy-issue an exception certificate shall be issued.iTthe I n ° has satisfied the above requirements. d. An exception certificate shall be effective for the duration of the alcoholic liquor control license, wine or beer permit. e. A new licensee or permittee as opposed to one applying for a renewal of an existing license or permit, whose primary business purpose is not the sale of alcoholic beverages, wine or beer may obtain a temporary six (6) months' exception certificate if the licensee's or permittee's business plan anticipates sales as required by subsection 133a of this section and the licensee or permittee submits an affidavit which details the nature of the new establishment and the anticipated percentage of sales of food and nonalcoholic beverages. At the end of the six (6) month period the licensee or permittee may obtain an exception certificate for the remainder of the duration of the license or permit in accordance with subsections 133a through 133c of this section if sales during the six (6) month period support an exception and the licensee or permittee has met the PAULA ratio requirement referenced in 133a. No more than one (1) temporary exception certificate may be granted for any location within a three (3) year period. Applicants who sign an affidavit pursuant to this subparagraph but fail to secure renewal of the exception certificate following the six (6) month certificate for the subject location may not be awarded an exception certificate for any other new location within three (3) years of the granting of the subject six U month certificate. f. Jo be effective in excepting the licensee or permittee from the prohibition in subsection A of this section, the exception certificate issued by the chief of palfseChief of Police or designee must be posted at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishments. In addition the licensee or permittee must provide staff of sufficient number and capability to monitor all patrons to prevent underage possession of alcohol. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003) q Revocation: Exception certificates may be revoked by the Chief of Police, or designee, for good cause Licensees or permittees may appeal a revocation to the Sits Maia+�erCity Manager or designee by filing a written notice of appeal with the City Clerk; in wNtinn to the within ten (10) days of the mailing by first class mail, of the revocation decision A— ppeals will ordinarily be heard no later than fourteen (14) days and in no event later than thirty (30) days, ,following feNewige the filing of an appeal in the office of the City Clerk . In the event of a revocation the licensee may continue to operate with their exception certificate until the ten (10) day appeal period has passed or in the event of an appeal to the City Manager or designee until after the City Manager or designee has issued his or her rulingon appeal In the event the City Manager or designee affirms the revocation, the establishment's exception certificate will expire seven (7) days from the mailing, by first class mail of the appeal decision Good cause for revocation includes, but is not limited to the following: (1) Where ,..a preponderance of the evidence shows that the licensee permittee, or any employees or agents thereof, sold gave or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as determined solely by the Chief of Police rises above the maximum allowed PAULA ratio as established by City Council by resolution; or (3) Where the establishment has failed to cooperate fully with the police department: or (4) Where continued operation under the exception certificate would be detrimental to the safety, health and welfare of the residents of the city. (5) Revocations shall last twelve (12) months Following the period of revocation, the applicant may re-apply for an exception certificate. 4. The person under the legal age is on the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the sh+ef of p0liseChief of Police or designee, suspended dispensing alcoholic beverages on the licensed premises. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of patrons. If the plan is approved, the Ghlef of pol+seChief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. (Ord. 03- 4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 5. The person under the legal age is a patron of an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4 -5 -31D of this chapter. (Ord. 04 -4123, 4 -20 -2004; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 6. The person under the legal age is on the alcohol free portion of the premises during a time that the licensee or permittee has, in accordance with a written notice and plan given in advance to and approved by the chief ef- peliseChief of Police or designee, divided the premises into alcohol free and alcohol permitted sections. Said plan must provide a method by which alcoholic beverages will be out of sight and reach of underage patrons. If the plan is approved, the Ghief of peliseChief of Police or designee shall issue a certificate approving the event, which certificate shall be posted at every entrance to the licensed establishment in view of patrons of the licensed or permitted establishment. It shall be the strict duty of a licensee or permittee permitting such persons under the legal age onto the licensed premises pursuant to such a plan, and the agents and employees of the licensee or permittee, to prevent persons under the legal age from consuming or possessing alcoholic beverages on said premises. In addition, the following requirements must be met: a. The physical setup and separation of the alcohol free and alcohol permitted portions of the establishment must earn prior approval by the director of housing and inspection services, or designee, for matters of safety and code compliance, including, but not limited to, occupancy, bathrooms and exits. b. Both the alcohol free and alcohol permitted portions of the establishment shall include city code compliant bathrooms. The director of housing and inspection services may, but is not required to, allow those establishments with a PAULA ratio under that set by City Council by resolution of 0.50 of less - during the trailing twelve (12) months prior to the event application, to permit patrons of both the alcohol free and alcohol permitted spaces to share the same bathrooms, as long as the establishment strictly enforces a rule prohibiting alcoholic beverages in the bathrooms. For purposes of this section, the PAULA ratio shall be based on the twelve (12) PAULA reports immediately preceding the licensee's event application, all as calculated by the chief Of psliseChief of Police, or designee. d. The alcohol free and alcohol permitted portions of the establishment must be separated by one hour construction walls and doors, as approved by the director of housing and inspection services, or designee, or comparable barriers, as approved by the chief sf peGseChief of Police, or designee. e. It shall be the strict duty of the licensee to exclude those under legal age from the alcohol permitted area, and to exclude all alcoholic beverages from the alcohol free area. All patrons of legal age must be marked with a wristband indicating they are of age. All patrons under legal age must be marked indicating they are under legal age. (Ord. 10- 4411, 10 -26 -2010) 7. The licensee or permittee applies for, qualifies for, and is granted an entertainment venue exception certificate: a. Requirements: In order for an entertainment venue exception certificate to be issued by the chief of pel+seChief of Police, or designee, the establishment must demonstrate, to the satisfaction of the shief Of POIaGeChief of Police, or designee, that all the following requirements have been met: (1) The venue has hosted and will continue to host shows on at least one hundred fifty (150) calendar days each year; and (2) The venue has a permanently installed (not risers) and dedicated performance stage of at least eight feet by six feet (8'x 6') in dimension, which shall never be used for any purpose other than by performers during shows; and (3) The venue must distribute at least fifty percent (50 %) of any fees charged to gain entry to or remain on the premises, including, but not limited to, cover charges and ticket sales, from the period of opening until closing, to the show performer(s) within forty eight (48) hours of the completion of the show; and (4) The venue subscribes to at least one industry tracking service, such as Pollstar Pro, or comparable alternative; and (5) The venue has a PAULA ratio, as determined solely by the sh+ef of PeliseChief of Police or designee, of no greater than that allowed by sityGea+GiiCity Council, as established by resolution; and (6) The venue has permanently installed professional light and sound; and (7) The venue marks all patrons of legal drinking age with a wristband, and marks all patrons under legal drinking age with either a wristband of a different color from the legal age patrons, or permanent marker on the hand; and (8) The venue provides staff of sufficient number and capability to monitor all patrons at all shows; and (9) The venue provides to the Ghief of pel+seChief of Police, or designee, a report of all upcoming show dates at least seven (7) days prior to any show; and (10) The venue provides to the sbief of-peliseChief of Police, or designee, reports detailing all dates on which a show took place, including the name of the performer(s) for each show, which reports shall be due no later than the ninetieth, one hundred eightieth, two hundred seventieth, and three hundred sixtieth day following issuance of the entertainment venue exception certificate; and (11) The venue employs at least one salaried employee responsible for booking shows by performers, and promptly provides both the employee name and most recent salary paystub upon request from the city; and (12) The venue employs only TIPS certified bartenders and servers on any show date; and (13) The venue allows city inspection, at any time and for any reason, of the venue, professional sound and lighting equipment, and show and performer financial records, including, but not limited to, show settlement sheets. b. Duration: Entertainment venue exception certificates shall be valid for one year, or until expiration of the premises liquor license, whichever is sooner. c. New Businesses: New businesses may be granted an entertainment venue exception certificate by satisfying all requirements of subsection B7a of this section, save subsections B7a(1) and B7a(5) of this section. For establishments previously operating under the same or substantially similar ownership and /or management, the PAULA ratio restrictions of subsection B7a(5) of this section apply, and will be utilized in assessing the establishment's application. For establishments not previously meeting the minimum show day requirements of subsection B7a(1) of this section, a credible business plan must be accompanied by a notarized affidavit by the establishment owner (or largest shareholder) attesting that the establishment will meet all requirements of subsection B7a of this section. d. Revocation: Entertainment venue exception certificates may be revoked by the chief 0 peliseChief of Police, or designee, for good cause.--Venues may appeal a revocation Wig; to the city - manager by filing a written notice of appeal with the City Clerk within ten (10) days of the mailing, by first class mail, of the revocation decision_, with 6ai ' ' Appeals will ordinarily be heard no later than fourteen (14) days.z„ter--�p , and in no event later than thirty (30) days following the filing of an appeal in the office of the City Clerk. €sNew+eg appeal-. In the event of a revocation, the venue may continue to operate as an entertainment venue until the ten (10) day appeal period has passed, or in the event of an appeal to the City Manager, or designee, until after the city managerCity Manaaer, or designee, has issued his or her ruling on appeal. In the event the city-manager j Manager affirms the revocation, the venue's entertainment venue exception privileges will cease seven (7) days from the mailing, by first class mail, of the appeal decision. Good cause for revocation includes, but is not limited to, the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twelve (12) month PAULA ratio, as determined solely by the sh+ef of pelfseChief of Police, rises above the maximum allowed PAULA ratio set by city seup,silCity Council, as established by resolution; or (3) Where the venue has failed to cooperate fully with the police department; or (4) Where the venue has failed to maintain compliance with all requirements of subsection B7a of this section; or (Where continued operation under the entertainment venue exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. (6) Revocations shall last twelve (12) months Following the period of revocation, the applicant may re -apply for an exception certificate. C. Between ten o'clock (10:00) P.M. and closing, no person under the legal age shall enter into or remain on the premises of a licensed or permitted establishment which authorizes on the premises consumption unless: 1. The person is accompanied by a parent, guardian, spouse or domestic partner registered as such under section 2 -6 -3 of this code who is the legal age or older; (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 2. The person is an employee of the licensee or permittee or performing a contracted service for the license or permit holder on the premises, and is on the premises during his or her scheduled work hours; 3. A valid exception certificate is posted pursuant to subsection B3 of this section or a valid certificate approving a nonalcoholic event is posted pursuant to subsection B4 of this section; or (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003) 4. The person under the legal age is a patron of an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4 -5 -31D of this chapter. (Ord. 04 -4123, 4 -20 -2004; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 5. The person under the legal age is in the alcohol free portion of an establishment hosting a split premises event approved by the eh+ef o#-pel+seChief of Police pursuant to subsection B6 of this section. (Ord. 10 -4411, 10 -26 -2010) 6. The person is at least nineteen (19) years of age and is in an establishment with a current and valid entertainment venue exception certificate, as long as all of the following are true: a. The person is not in the establishment between twelve o'clock (12:00) midnight and closing; and b. The entertainment venue hosted or is hosting at that time a show, lasting past ten o'clock (10:00) P.M. on the evening on which the person is found there; and c. The person bears the venue's official marking as being under legal age. (Ord. 10 -4412, 10 -26 -2010) D. Unless a valid exception certificate under the provisions of subsection B3 of this section has been obtained and posted, or a certificate approving a nonalcoholic event under the provisions of subsection B4 of this section has been obtained and posted for the duration of the event or the licensed premises is an "authorized entity" which has entered into an agreement with the city for use of an "authorized site" in a city park, pursuant to subsection 4 -5 -31D of this chapter, the holder of a liquor control license, wine or beer permit, which authorizes on premises consumption, shall obtain from the city clerk and post a notice at every entrance to the licensed or permitted establishment in view of patrons of the licensed or permitted establishment, stating: (Ord. 04 -4123, 4 -20 -2004) Notice to Persons Under The Legal Age. 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: 1. you are accompanied by a parent, guardian, spouse or domestic partner registered as such under Section 2 -6 -3 of the City Code who is the legal age or older, or 2. you are an employee of this establishment or performing a contracted service with respect to this establishment and are on the premises during your scheduled work hours. (Ord. 04 -4123, 4 -20 -2004; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010; Ord. 11 -4432, 6 -7 -2011, eff. 7 -1 -2011) Said notices will be prepared by the city clerk and available at no charge. (Ord. 04 -4123, 4 -20- 2004) 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. E. 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). (Ord. 11 -4432, 6 -7 -2011, eff. 7 -1 -2011) 2. Violation of the provisions of subsection A or D of this section shall be a municipal infraction. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003) Red -line version of draft ordinance for first reading. 13 4 -5 -8: PERSONS UNDER THE LEGAL AGE IN LICENSED qR PERMITTED ESTABLISHMENTS:] / A. No person, individual, association, corporati , partnership or club holding liquor control license, wine or beer permit, which authorizes n the premises consumptio ,nor his or her agents or employees shall allow a person who �as not ye t attained the leg I age to enter or remain in the licensed or permitted establishmetween the hours of to o'clock (10:00) P.M. and closing. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2; amd. Ord. 10 -4388, -6 -2010, eff. 6 -1 -2010) B. However, the provisions of subsection A of this sect shall not apply yGhen: (Ord. 03 -4073, 5 -6- 2003, eff. 8 -1 -2003) / 1. The person under the legal age is an employee of th license or ermit holder, or performing a contracted service for the license or permit holder o the pre ses, and is on the premises during his or her scheduled work hours. 2. The person under the legal age is accompanied by a parNuardian, spouse or domestic partner registered as such under section 2 -6 -3 of this code ho is the legal age or older. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388 6 -2010, eff. 6 -1 -2010) 3. The licensee or permittee applies for and qualifies for an xcep 'on certificate from the chief of police, or his or her designee, as follows: a. A licensee or permittee whose primary business rpose is not he sale of alcoholic beverages, wine or beer may qualify for an exce tion by filing wi the city clerk a verified statement from a -certified- pub1iaascountant-or- n accountant whi establishes that on average over a calendar year more than fifty p rcent (50%) of the li ensee's or permittee's gross sales on the premises are f m the sale of goods .0 services other than alcoholic beverages, wine or beer. #isk� ales shalt not includeanc me from fees charged to gain entry to or remain on the p emises, such as cover char es, as well as drink mixes, or any part of an alcoholic b erage as defined in chapter 1 3 of the state shall-&e- hall be counted as non - alcohol sales The statement shall state the actual ercentage of such -non- alcohol sales as define herein and be based on records made the regular course of the licensee's or rmittee's business. In addition applicant applicanA must ^ b. In addition to the afore mentio ed statement, proof of qualification for the exceptio include the business record on which the statement is based, state and federal t, records, applications fo/eiums, mshop insurance and audits performed to determine dramshop insurance pr and receipts from vendors for goods purchased, records shall be made ble to the chief of police or designee for review upon conclusion of the audit Any additional costs over the deposit amount must be paid by the applicant before an application will be considered further. Any surplus funds from the deposit will be promptly returned to the applicant Failure to submit the deposit or pay c. If tThe chief of police or desii reguirementssh all. ma issue d. An exception certificate shall be license, wine or beer permit. exception certificate for the duration of the Alcoholic liquor control e. A new licensee or permittee, as oppos to one applying for renewal of an existing license or permit, whose primary busine purpose is not th sale of alcoholic beverages, wine or beer may obtain a tem ovary six (6) mo ths' exception certificate if the licensee's or permittee's business plan ticipates sal as required by subsection 63a of this section and the licensee or perm a submits n affidavit which details the nature of the new establishment and the antici ted per ntage of sales of food and nonalcoholic beverages. At the end of the six (6 month eriod the licensee or permittee may obtain an exception certificate for the remain er o the duration of the license or permit in accordance with subsections B3a throug B c of this section if sales during the six (6) month period support an exception and the I nsee or perm ittee has met the f. To be effective in excepting the licensee or p rmittee from the rohibition in subsection A of this section, the exception certificate issu d by the chief of p ice or designee must be posted at every entrance to the licensed or ermitted establishm nt in view of patrons of the licensed or permitted establishments. addition the licensee r ermittee must underage possession of alcohol. (Ord. 01 -4073, 5 -6 -2003, eff. 8 -1 f- 4. The person under the legal age is on th premises during a ti that the licensee or permittee has, in accordance with a writt notice and plan gi en in advance to and approved by the chief of police or design e suspended disp nsing alcoholic beverages on the licensed premises. Said plan must provi e a method by /Which alcoholic beverages will be out of sight and reach of patrons. If the pl is approve the chief of police or designee shall issue a certificate approving the event, w 'ch certific to shall be posted at every entrance to the licensed establishment in view o atron of the licensed or permitted establishment. It shall be the strict duty of a licen a or ermittee permitting such persons under the legal age onto the licensed premises pur ua It no such a plan, and the agents and employees of the licensee or permittee, to prevent p r ons under the legal age from consuming or possessing alcoholic beverages on sai premises. (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1- 0) 5. The person under the legal age is a patron of an " thori d entity" which has entered into an agreement with the city for use of an "authoriz d site" i city park, pursuant to subsection 4-5 -3D of this chapter. (Ord. 04- 4123 4-20 -200 amd. Ord. 10 -4388, 4 -6 -2010, eff . 6 -1 -2010) 6. The person under the legal age is on the alcgAol free portion of a premises during a time that the licensee or permittee has, in accord nce with a written n ice and plan given in advance to and approved by the chief of p9lice or designee, divid the premises into alcohol free and alcohol permitted sectio .Said plan must provide method by which alcoholic beverages will be out of sight d reach of underage patro . If the plan is approved, the chief of police or design shall issue a certificate appr ing the event, which certificate shall be posted at every en ance to the licensed establishm tin view of patrons of the licensed or permitted establish ent. It shall be the strict duty of a 1 ensee or permittee permitting such persons under the I gal age onto the licensed premises p rsuant to such a plan, and the agents and employe s of the licensee or permittee, to preven persons under the legal age from consuming or ssessing alcoholic beverages on said pr ises. In addition, the following requirem is must be met: a. The physical setup and s aration of the alcohol free and alcohol permitted ortions of the establishment must rn prior approval by the director of housing and ins ection services, or designee, f matters of safety and code compliance, including, b not limited to, occupancy, athrooms and exits. b. Both the alcohol fre and alcohol permitted portions of the establishment shall inc de city code complian athrooms. c. The director of h using and inspection services may, but is not required to, allow tho e establishments ith a PAULA ratio of 0.50 or less during the twelve (12) months prior o the event application, to permit patrons of both the alcohol free and alcohol permitted - Formatted: Indent: Lek 0.75 ", No bullets or numbering spaces to share the ame bathrooms, as long as the establish ent strictly enforces a rule prohibiting alcoh is beverages in the bathrooms. For purp ses of this section, the PAULA ratio shall be b sed on the twelve (12) PAULA reports i mediately preceding the licensee's event applica ' n, all as calculated by the chief of pol ce, or designee. d. The alcohol free and alcoh permitted portions of the establis ment must be separated by one hour construction wa and doors, as approved by th director of housing and inspection services, or design e, or comparable barriers, as pproved by the chief of police, or designee. e. It shall be the strict duty of the Lice see to exclude those der legal age from the alcohol permitted area, and to exclude all a oholic beverages fr m the alcohol free area. f. All patrons of legal age must be mark with a wristba d indicating they are of age. All patrons under legal age must be marke indicating th y are under legal age. (Ord. 10- 4411, 10 -26 -2010) 7. The licensee or permittee applies for, qualifies r, and s granted an entertainment venue exception certificate: a. Requirements: In order for an entertainment ve a exception certificate to be issued by the chief of police, or designee, the establishm t must demonstrate, to the satisfaction of the chief of police, or designee, that all the f III ing requirements have been met: (1) The venue has hosted and will continue host hows on at least one hundred fifty (150) calendar days each year; and (2) The venue has a permanently installe (not risers) nd dedicated performance stage of at least eight feet by six feet (8'x 6' in dimension, which shall never be used for any purpose other than by performer during shows; nd (3) The venue must distribute at least f y percent (50 %) o ny fees charged to gain entry to or remain on the premises including, but not lim ed to, cover charges and ticket sales, from the period of op ning until closing, to th show performer(s) within forty eight (48) hours of the comp etion of the show; and (4) The venue subscribes to at lea one industry tracking servic , such as Pollstar Pro, or comparable alternative; and (5) The venue has a PAULA rati , as determined solely by the chie of police or designee, of no greater than hat allowed by city council, as esta lished by resolution; and (6) The venue has permanen y installed professional light and sound; nd (7) The venue marks all pat ons of legal drinking age with a wristband, a marks all patrons under legal dri ing age with either a wristband of a different c for from the legal age patrons, or rmanent marker on the hand; and (8) The venue provides�staff of sufficient number and capability to monitor all `patrons at all shows; and \ (9) The venue \reportshall s to the chief of police, or designee, a report f all upcoming show dates at leaen (7) days prior to any show; and (10) Th provides to the chief of police, or designe , reports detailing all dates on whow took place, including the name of the erformer(s) for each show, whicrt shall be due no later than the ninetieth one hundred eigh tieth, two hundrenti h, and three hundred sixtieth day fol wing issuance of the entertainmue ception certificate; and (11) Th emplo at least one salaried emplo ee responsible for booking shows by pers, and romptly provides both the mployee name and most recent salatub upon quest from the city; an (12) The venue employs onl \to, rtified t date; and (13) The venue allows city i, at any venue, professional sound and quipme records, including, but not limitw settl� b. Duration: Enterta inment venue exception expiration of the premises liquor license, c. New Businesses: New businesses may be certificate by satisfying all requirements of subsections B7a(1) and B7a(5) of this sect under the same or substantially similar owr restrictions of subsection B7a(5) of this sec the establishments application. For establi . show day requirements of subsection B7a( must be accompanied by a notarized affida shareholder) attesting that the establishm� B7a of this section. d. Revocation: Entertainment Venue ers and servers on any show e and for any reason, of the and show and performer financial !nt sheets. s shall be valid for one year, or until is sooner. /hipe an entertainment venue exception cti n B7a of this section, save or e tablishments previously operating an r management, the PAULA ratio n apply, a d will be utilized in assessing rents not p eviously meeting the minimum of this sectio , a credible business plan by the establi hment owner (or largest will meet all req irements of subsection (1) Where a preponderance of he evidence shows that the licensee, permittee, oNany employees or agents they f, sold, gave, or delivered alcohol to any patron and r the legal drinking age more tqan once within any five (5) year period; or (2) Where at the end of any month the venue's trailing twe as determin solely by the chief of police, rises above PAULA ratio et by city council, as established by reso (3) Where the ven has failed to cooperate fully with th (4) Where the venue s failed to maintain complianc wi subsection B7a of t is section; or (5) Where continued oper tion under the ente would be detrimental to e safety, health, (Ord. 10 -4412, 10 -26 -20 ) C. Between ten o'clock (10:00) P.M. and closiNg, no remain on the premises of a licensed or per e( premises consumption unless: (12) month PAULA ratio, maximum allowed m: or police department; or th all requirements of venue exception certificate re of the residents of the city. under the legal age shall enter into or shment which authorizes on the 1. The person is accompanied by a parent, gukoan, spouse or domestic partner registered as such under section 2 -6 -3 of this code who is t e legal age or older; (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -2003; amd. Ord. 10 -4388, 4 -6 -2010, . 6 -1 -2010) 2. The person is an employee of the licensee dr per ittee or performing a contracted service for the license or permit holder on the prep ses, an is on the premises during his or her scheduled work hours; 3. A valid exception certificate is posted pur uant to subse tion 63 of this section or a valid certificate approving a nonalcoholic eve is posted purs nt to subsection B4 of this section; or (Ord. 03 -4073, 5 -6 -2003, eff. 8 -1 -20 ) 4. The person under the legal age is a p ron of an "authorized ntity" which has entered into an agreement with the city for use of n "authorized site" in a ' y park, pursuant to subsection 4 -5 -3D of this chapter. (O d. 04 -4123, 4 -20 -2004; arid. Ord. 10 -4388, 4 -6 -2010, eff. 6 -1 -2010) 5. The person under the legal age is i� the alcohol free portion of an a tablishment hosting a split premises event approved bytte chief of police pursuant to subs ction B6 of this section. Ord. 10 -4411, 10 -26 -20 10 6. The person is at least nineteen 0 9) years of age and is in an establishm nt with a current and valid entertainment venue oxception certificate, as long as all of the f owing are true: a. The person is not in the establishment between twelve o'clock (12:00) mi night and closing; and b. The entertainment ven a hosted or is hosting at that time a show, lasting pa \ten clock (1 0:00) P.M. on the ev ning on which the person is found there; and c. The person bears t venue's official marking as being under legal age. (Or12, 10 -26 -2010) D. Unless a valid exceptio certificate under the provisions of subsecti B3 of this section has been obtained and poste , or a certificate approving a nonalcoholic vent under the provisions of subsection B4 of this se tion has been obtained and posted fort e duration of the event or the licensed premises is an 'authorized entity" which has entered i to an agreement with the city for use of an "authorized site n a city park, pursuant to subsectio 4 -5 -3D of this chapter, the holder of a liquor control licens wine or beer permit, which auth rites on premises consumption, shall obtain from t city clerk and post a notice a every entrance to the licensed or permitted establishment in vie f patrons of the licensed or ermitted establishment, stating: (Ord. 04 -4123, 4 -20 -2004) Notice to Persons Under The Le I Age. You are subject to a fine ranging fro $300 to $625 for being on these premises between the hours of 10:00 p.m. and osing unle : 1. you are accompanied by a parent, gu dian, s ouse or domestic partner registered as such under Section 2 -6 -3 of the City Cod who i the legal age or older; or 2. you are an employee of this establishment performing a contracted service with respect to this establishment and are on the p mises during your scheduled work hours. (Ord. 04 -4123, 4 -20 -2004; amd. Ord. 10 -4388, 4 -6 -2 10, ff. 6 -1 -2010; Ord. 11 -4432, 6 -7 -2011, eff. 7 -1 -2011) Said notices will be prepared by the city clerk and a ailable at o charge. (Ord. 04 -4123, 4 -20- 2004) The posting of this notice shall not be considered n element of th offense delineated in subsection C of this section, and failure by a liqu license establish ent to post said notice shall not be considered a legal defense to such charg for a patron. E. 1. A person under the legal age who violates th provisions of subsectio \dollars ction is guilty of a simple misdemeanor punishable as f 'lows: a. For a first offense, a fine of three hundr d dollars ($300.00). b. For a second offense, a fine of five hu dred dollars ($500.00). c. For a third or subsequent offense, a ne of six hundred twenty fiv5.00). (Ord. 11-4432, 6 -7 -2011, eff. 7 -1 -2011) 2. Violation of the provisions of subsectio A or D of this section shall be a municipal (Ord. 03 -4073, 5 -6 -2003, eff. 8-1-2001) App 7 , - - -- 1 z City Attorney's Office