HomeMy WebLinkAbout2012-03-20 Ordinance1
5b
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11-
0017)
ORDINANCE NO.
ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN, THE PENINSULA
NEIGHBORHOOD CODE, AND SENSITIVE AREAS DEVELOPMENT PLAN FOR THE PENINSULA
NEIGHBORHOOD PHASES 3,4 AND 5 LOCATED ON FOSTER ROAD. (REZ11- 00017)
WHEREAS, the applicant, The Peninsula Development Company, has requested amendments to the
Planned Development Overlay (OPD) Plan and Sensitive Areas Development Plan for the Peninsula
Neighborhood to reconfigure lot lines, street design and mix of single - family, row house and multi - family
buildings and amendments to the Peninsula Code to clarify how setbacks for garages are measured, allow
for porches that are half width of a house rather than full width, and allow the eating and drinking
establishments with Live/Work units on Lot 117; and
WHEREAS, the Peninsula Neighborhood OPD Plan allows for the construction of up to 410 dwelling
units as established in the Peninsula Neighborhood Development Agreement; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the
Peninsula OPD Plan Sensitive Areas Development Plan and has recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The amended Peninsula Neighborhood OPD Plan and Sensitive Areas
Development Plan attached hereto and incorporated herein by this reference, and the Peninsula
Neighborhood Code on file in the City Clerk's Office, for the property described below are hereby approved:
Phase 3 and 4: Beginning at the Southwest Corner of Outlot "C" of a Replat of Peninsula
Neighborhood First Addition in accordance with the Plat thereof Recorded in Plat Book 45, at Page
207 of the Records of the Johnson County Recorder's Office and a Point on the Southeasterly Line of
Auditor's Parcel 2001020 in accordance with the Plat thereof Recorded in Plat Book 43 at Page 43 of
the Records of the Johnson County Recorder's Office; Thence N89 °59'01 "W along said Southeasterly
Line, 90.40 feet; Thence S60 °46'28 "W, along said Southeasterly Line, 1301.43 feet; Thence
N40 °42'52 "W, 477.83 feet; Thence N25'1 3'54"W, 519.90 feet; Thence N64 °46'06 "E, 157.06 feet;
Thence NO3 °34'52 "W, 95.35 feet, to the Western most corner of Lot 102 of The Peninsula
Neighborhood Phase 2A, in accordance with the Plat thereof Recorded in Plat Book 53, at Page. 136
of the Records of the Johnson County Recorder's Office; Thence S53 °30'11 "E, along the Southerly
Line of said The Peninsula Neighborhood Phase 2A, a distance of 188.30 feet; Thence S70 045'54 "E,
along said Southerly Line, 56.87 feet; Thence S59 °28'31 "E, along said Southerly Line, 47.52 feet;
Thence S89 019'43 "E, along said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said
Southerly Line 101.10 feet; Thence N64 °46'06 "E, 119.17 feet, to the Southeast Corner of Lot 100 of
said The Peninsula Neighborhood Phase 2A, and the Southernmost corner of Lot 54 of The Peninsula
Neighborhood Second Addition, in accordance with the Plat thereof Recorded in Plat Book 46, at
Page 186 of the Records of the Johnson County Recorder's Office; Thence N84 °30'41 "E, along the
Southerly Line of said The Peninsula Neighborhood Second Addition, a distance of 106.48 feet;
Thence S62 °13'54 "E, along said Southerly Line, 90.96 feet; Thence S64 °46'22 "W, along said
Southerly Line, 433.45 feet; Thence S25 °13'38 "E, along said Southerly Line, 53.00 feet; Thence
S25 011'37 "E, along said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, along said Southerly Line,
25.01 feet; Thence S29 013'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along
said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, 5.23 feet; Thence
N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °13'54 "E, along said Southerly Line,
11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N29 °13'54 "W, along said Southerly Line, 14.52 feet; Thence
N17 °46'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line,
92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along
said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence
N64 046'06 "E, along said Southerly Line, 46.35 feet; Thence S62 °13'54 "E, along said Southerly Line,
Ordinance No.
Page 2
98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N60 °45'42 "E, along said Southerly Line, 151.52 feet; Thence
N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line,
61.46 feet; Thence S62 °13'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24
feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot
chord bears N73 048'58 "E; Thence N29 °43'06 "E, along said Southerly Line, 98.82 feet; Thence
N29 051'49 "E, along said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, along said Southerly Line,
120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to the Southeast Corner of
Lot 35 of said The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of
said Replat of Peninsula Neighborhood First Addition; Thence S30 °01'39 "W, along said Southerly
Line, 17.53 feet; Thence S60 008'11 "E, along said Southerly Line, 191.33 feet; Thence S00 °01'28 "W,
along said Southerly Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37
Acres, and is subject to easements and restrictions of record.
Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 and 7A of Replat of Peninsula Neighborhood First Addition, Iowa City,
Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the
Johnson County Recorder's Office: and also: Lots 52 and 53 of The Peninsula Neighborhood Second
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 46, at Page 186,
in the records of the Johnson County Recorder's Office, containing 2.00 acres and is subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office //3 //Z
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Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/20/2012
Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmor ton, Champion.
NAYS: None. ABSENT: Hayek.
Second Consideration _
Vote for passage:
Date published
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: REZ11- 00020, SUB11 -00017 & SUB12 -00001 Date: February 16, 2012
Peninsula Neighborhood
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
Peninsula Development Company
1088 Foster Road
Iowa City, IA 52245
Patrick Stewart
319 887 1000
Amended OPD Plan and
Preliminary Plat Phases 3, 4 and 5
(Phase 5 includes lots 1 -7 and 52 &
53 of Phase 1).
Allow reconfiguration of streets, lots
and additional townhouse & multi-
family dwellings and amendments
to the Peninsula Code and
Covenants that regulate the design
and site planning for individual
buildings.
Foster Road
Phase 3 & 4 - 17.3.7 acres
Phase 5 acres -2 acres
Undeveloped and residential
North:
Residential & Iowa River, OPD -5
South:
Park & golf course, P -1
East:
Golf course, ID -RS
West:
Park & Iowa River, P -1
Residential 2 -5 dwelling units per acre
February 1, 2012
45 -Day Limitation Period: March 16, 2012
BACKGROUND INFORMATION:
The Planned Development Overlay (OPD) rezoning and the original preliminary plat for
the Peninsula Neighborhood were approved in 2001. The City entered into an agreement
to sell 82 acres of property to the Peninsula Development Company, which agreed to
develop the property in accordance with the Peninsula Plan — a new compact
neighborhood with a mix of single - family houses, townhouses and apartment buildings.
The OPD zoning also allows for the possibility of mixed use buildings, referred to as "Live
Work ", which allow either residential or light commercial uses on the ground floor. The
neighborhood is modeled after traditional Iowa City neighborhoods with residential
buildings featuring prominent front porches, shallow front yards and alleys to provide
access to garages and rear yard parking spaces.
The 82 acres included within the plan was originally purchased by the City as part of the
Meardon property, a larger property needed for development of wellheads for the
municipal water treatment plant, and to remove land that is in the floodplain from potential
development. The agreement with the development company allowed the 82 acres to be
developed with up to 5 dwelling units per acre or a maximum of 410 dwelling units. The
City has had a policy of limiting the density of development west of Dubuque Street within
the larger area known as the peninsula to no more than 5 units per acre due to there being
only means of access via Foster Road.
Although the development agreement allows up to 410 units, the approved OPD plan
prepared by the Peninsula Development Company showed 390 units. Because of a
series of amendments since 2001 the actual total number of units has been reduced to
362. For example in 2003 the Peninsula Development Company requested that the
property located on the east side of Swisher Street be changed from a 36 -unit apartment
building to 4 to 5 single - family lots. There were other amendments that added or
subtracted units. The applicant is now requesting amendments to increase the number of
units to closer to the 410 originally contemplated.
The applicant is also proposing amendments to the Peninsula Code and Covenants that
regulate site and building designs for individual properties. The proposed amendments
would clarify how setbacks for garages are measured, allow for porches that are half width
of the house rather than full width, update code citations to refer to the current zoning code
rather that the code that was in place in 2001, and allow the eating and drinking
establishments with Live/Work units according the provisions in of the Neighborhood
Commercial (CN -1) zone.
The applicant has indicated that they have had a neighborhood meeting to discuss the
proposed amendments.
ANALYSIS:
Comprehensive Plan: As noted the City has restricted development of the larger Peninsula
area to no more than 5 dwelling units per acre due to the single street access. This policy
was also applied to Mackinaw Village and is expected to apply to future developments
within the area unless a second street access is developed to serve the Peninsula. The
closure of Foster Road and evacuation of Peninsula area residents during the 2008 flood
due to lack of street access for emergency vehicles, emphasized the need to adhere to
this policy. The proposed amendments will not allow the development to exceed the
originally contemplated density of 5 units per acres.
Subdivision Design: The currently approved plan for Phase 3 shows Willenbrock Circle as
a single loaded street (lots only on one side) located adjacent to the Elks Golf Course on
the south and the bluff that overlooks the Thornberry Dog Park and Peninsula Park on the
west (Exhibit A attached). (It should be noted that the Elks Golf Course is on land owned
by the City that is leased to the Elks Club. If the golf course ever ceases operation, the
rights to the property revert to the City for use as development property or open space.)
The approved plan shows single - family lots lining Willenbrock. The proposed redesign
eliminates the portion of Willenbrock adjacent to the golf course and proposes a new
interior street McCleary Lane, which would provide access to seven 12 or 18 -unit
apartment buildings replacing 14 single family lots and one 36 -unit building. Willenbrock
would extend to the south to provide access to the property that is leased by the Elks
Club. This will allow the property to be accessed for future residential development or
public open space in the event that the golf course closes.
The remainder of Phase 3 would be similar to the existing approved plan with a mix of
single - family and row house lots.
The proposed apartment buildings are designed around a landscaped courtyard on one
side with a driveway and parking lot on the other. Additional parking is proposed in the
lower level of each building. Two parking spaces are provided for each dwelling unit. The
courtyard preserves views from Ball and Canton Streets to the golf course and open
space beyond.
The application includes concept elevations showing the exterior design of the proposed
apartment buildings (Exhibit B. 1 & 2 attached). The plan indicates that these building
would contain 12 to 18 dwelling units. It should be noted that it will not be possible to
achieve 18 units in each building because of the maximum of 410 units allowed in the
development. The plan as drafted provides the developer with some flexibility to distribute
the allowed number of units among the proposed buildings.
In staff's opinion the design presents an attractive fagade, however to help assure that
identical apartment buildings do not result in the appearance of an apartment complex
rather than a neighborhood with a mix of housing types envisioned in the original
Peninsula Plan, staff recommends that complementary but differing facade designs. This
can be achieved with variations in building materials, color and architectural details.
Another change in the design is the location of Foster Road on the west side of the
subdivision primarily in Phase 4. The proposed plan shows the street pulled back from the
edge of the bluff to help minimize the amount of grading into the steep slope. This change
results in a better grading plan, however the depth of the lots on the block east of Foster
Road (lots 142 to 157) is only 87 to 88 feet. To recognize compactness of these lots, the
plan limits the interior lots within this block to townhouses and bungalows. Larger are
proposed as an option on the corner lots.
In the northern part of the subdivision lots 1 to 7 of Phase 1 are currently designated for
single - family lots. The Peninsula Development Company is proposing that these lots be re
platted as Phase 5 and designated for townhouse (or row house lots). This would result in
an increase of 7 dwelling units. The applicant indicates that the topography of these lots
present a challenge for designing single family homes. The grade is such that garages
will be below the grade of the first floor. According to the applicant, basement level
garages have been a marketing challenge for single family homes, but have been more
accepted for town house units. Illustrations of the proposed dwelling designs are attached
(Exhibit C.).
Peninsula Code: In addition to the plat and site plan the Peninsula OPD plan includes a
code book that regulates building placement and uses. The applicant and staff are
proposing amendments to clarify portions of the code that have been problematic.
Significant revisions include clarifying how setbacks for garages are measured, allowing
for porches that are half width of the house rather than full width, updated code citations to
refer to the current zoning code rather that the code that was in place in 2001, and
allowing the eating and drinking establishments within the Live/Work units on lot 117
according the provisions in of the Neighborhood Commercial (CN -1) zone.
Summary: The applicant has proposed revisions to the Peninsula Neighborhood OPD
Plan that would result in a reconfiguration of lot lines, street design and mix of single -
family, row house and multi - family buildings. The proposed revisions are intended to
address grading concerns on the western portion of Foster Road, allow for achievement of
the density contemplated in the original development agreement and clarify provisions of
the Peninsula Code and Covenants.
We received a revised plan on February 10. We hope to have completed our review
prior to the February 16th Planning and Zoning meeting.
STAFF RECOMMENDATION:
Staff recommends approval of REZ11- 00020/SUB11- 00017/SUB12 -00001 an
application submitted by Peninsula Development Corp. for a rezoning to amend the
Planned Development Overlay Plan and a preliminary plat of The Peninsula
Neighborhood Phase 3 and 4, a 44 -lot, 17.37 -acre residential subdivision located at
Foster Road and Willenbrock Circle and a preliminary plat of The Peninsula
Neighborhood Phase 5, an 8 -lot, 2.0 -acre residential subdivision located on Foster Road
and Walker Circle.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and OPD plan
3. Exhibits A -C
Approved by:
Jeff Davidson, Director,
Department of Planning and Community Development
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Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA piBl -15F-5 40 (REZ11-
0017) T, ! s�
ORDINANCE NO.
ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY PLAN AND SENSITIVE
AREAS DE LOPMENT PLAN FOR THE PENINSULA NEIGHBORHOOD PHASE 3,4 AND 5 LOCATED
ON FOSTERPtOAD. (REZ11- 00017)
WHEREAS; a applicant, The Peninsula Development Company, h requested amendments to the
Planned Develop ent Overlay (OPD) Plan and Sensitive Areas Dev lopment Plan for the Peninsula
Neighborhood to r onfigure lot lines, street design /hanid ix of sing) family, row house and multi - family
buildings and amend ents to the Peninsula Code to ow setb ks for garages are measured, allow
for porches that are If width of a house rather ll width and allow the eating and drinking
establishments with Live ork units on Lot 117; and
WHEREAS, the Peni ula Neighborhood OPD Pws f r the construction of up to 410 dwelling
units as established in the P insula Neighborhood Deent greement; and
WHEREAS, the Planning nd Zoning Commissioh reviewed the proposed amendments to the
Peninsula OPD Pla n Sensitive eas Development Plas recommended approval.
NOW, THEREFORE, BE IT ORD INED BY THE CITY CIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Th amended Peninsighborhood OPD Plan and Sensitive Areas
Development Plan attached hereto nd incorporated by this reference, for the property described
below are hereby approved:
Phase 3 and 4: Beginning at the Southw st Corner of Outlot "C" of a Replat of Peninsula
Neighborhood First Addition in accordance ith the Plat thereof Recorded in Plat Book 45, at Page
207 of the Records of the Johnson County ecorder's Office and a Point on the Southeasterly Line of
Auditor's Parcel 2001020 in accordance th the Plat thereof Recorded in Plat Book 43 at Page 43 of
the Records of the Johnson County Rec r is Office; Thence N89 059'01 "W along said Southeasterly
Line, 90.40 feet; Thence S60 046'2 W, long said Southeasterly Line, 1301.43 feet; Thence
N40 042'52 "W, 477.83 feet; Thence 25 °13' 4 "W, 519.90 feet; Thence N64 046'06 "E, 157.06 feet;
Thence NO3 034'52 "W, 95.35 fee , to the stern most corner of Lot 102 of The Peninsula
Neighborhood Phase 2A, in acco ance with the Plat thereof Recorded in Plat Book 53, at Page 136
of the Records of the Johnson ounty Recorder Office; Thence S53 °30'11 "E, along the Southerly
Line of said The Peninsula N "ghborhood Phase 2 , a distance of 188.30 feet; Thence S70 °45'54 "E,
along said Southerly Line, .87 feet; Thence S59 8'31 "E, along said Southerly Line, 47.52 feet;
Thence S89 019'43 "E, along said Southerly Line, 9.10 feet; Thence N73 °05'03 "E, along said
Southerly Line 101.10 feet; Thence N64 °46'06 "E, 119. 7 feet, to the Southeast Corner of Lot 100 of
said The Peninsula Neighborhood Phase 2A, and th Southern most corner of Lot 54 of The
Peninsula Neighborhood Second Addition, in accordance ith the Plat thereof Recorded in Plat Book
46, at Page 186 of the Records of the Johnson County Red rder's Office; Thence N84 °30'41 "E, along
the Southerly Line of said The Peninsula Neighborhood Se and Addition, a distance of 106.48 feet;
Thence S62 °13'54 "E, along said Southerly Line, 90.96 f t; Thence S64 046'22 "W, along said
Southerly Line, 433.45 feet; Thence S25 013'38 "E, along sai Southerly Line, 53.00 feet; Thence
S25'1 1'37"E, along said Southerly Line, 102.73 feet; Thence S2 004'01 "E, along said Southerly Line,
25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.9 feet; Thence N60 °46'06 "E, along
said Southerly Line, 53.00 feet; Thence N29 °13'54 "W, along said outherly Line, 5.23 feet; Thence
N64 °46'06 "E, along said Southerly Line, 92.24 feet; Thence S72 °1 '54 "E, along said Southerly Line,
11.70 feet; Thence S29 °13'54 "E, along said Southerly Line, 16.27 feet; Thence N60 046'06 "E, along
said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence
N17 °46'06 "E, along said Southerly Line, 10.91 feet; Thence N64 °46'06 "E, along said Southerly Line,
92.26 feet; Thence S29 014'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along
said. Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence
N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line,
t ,
Ordinance No.
Page 2
98.68 feet; Thence S29 °13'54 "E, along said Southerly Line, 21.48 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N60 °45'42 "E, along said Southerly Line, 151.52 feet; Thence
N29 °14'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line,
61.46 feet; Thence S62 °13'54 "E, along said Southerly Line, 250.95 feet-, Thence Northeasterly, 83.24
feet, along said, Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot
chord bears N7 °48'58 "E; Thence N29 °43'06 "E, along said Southerly C e, 98.82 feet; Thence
N29 °51'49 "E, alon said Southerly Line, 52.16 feet; Thence S60 °08'11 "E, long said Southerly Line,
120.00 feet; Thence \.559'58'21"E, along said Southerly Line, 27.11 feet, o the Southeast Corner of
Lot 35 of said The Peninsula Neighborhood Second Addition, and a P int on the Southerly Line of
said Replat of Peninsula Neighborhood First Addition; Thence S30° 1'39 "W, along said Southerly
Line, 17.53 feet; Thence �60 °08'11 "E, along said Southerly Line, 19 .33 feet; Thence S00 °01'28 "W,
along said Southerly Line, 5,4.60 feet, to the Point of Beginning. S id Tract of Land contains 17.37
Acres, and is subject to easements and restrictions of record.
Phase 5: Lots 1, 2, 3, 4, 5, 6, 7 a d 7A of Replat of Peninsul eighborhood First Addition, Iowa City,
Iowa, in accordance with the Platt reof recorded in Plat B ok 45, at Page 207, in the records of the
Johnson County Recorder's Officer d also: Lots 52 and 3 of The Peninsula Neighborhood Second
Addition, Iowa City, Iowa, in accordan V,ector reof recorded in Plat Book 46, at Page 186,
in the records of the Johnson Counice, containing 2.00 acres and is subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The Builhereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND R OR1 ING. pon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directe o certify a cop of this ordinance and to record the same, at the
office of the County Recorder of Johnson ounty, Iowa, at th owner's expense, all as provided by law.
SECTION IV. REPEAL/not ances and parts of o inances in conflict with the provisions of this
Ordinance are hereby repea
SECTION V. SEVERA section, provision or pa f the Ordinance shall be adjudged to be
invalid or unconstitutional, sion shall not affect the val ity of the Ordinance as a whole or any
section, provision or part theged invalid or unconstitution SECTION VI. EFFECTI his Ordinance shall be in effec fter its final passage, approval and
publication, as provided b aw.
MAYOR
ATTEST:
Tom,
CITY CLERK
Ap roved by
1
H
City Attorney's Office 3/1
ry
V..r,.r3 fY
M0
ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVER Y PLAN AND - SENSITIVE
AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBOR OOD PHASES 3, 4 AND 5
LOCATED ON FOSTE ROAD. (REZ11 -00017)
WHEREAS, the app nt, The Peninsula Development Compan , has requested amendments to the
Planned Development O day (OPD) Plan and Sensitive Areas evelopment Plan for the Peninsula
Neighborhood to reconfig a lot lines, street design and mix of s' gle- family, row house and multi - family
buildings and amendments t the Peninsula Code to clarify how tbacks for garages are measured, allow
for porches that are half wi of a house rather than full dth, and allow the eating and drinking
establishments with Live/Work u its on Lot 117; and
WHEREAS, the Peninsula N ' ghborhood OPD Plan allo s for the construction of up to 410 dwelling
units as established in the Peninsul Neighborhood Develop nt Agreement; and
WHEREAS, the Planning and Z ing Commission has he reviewed the proposed amendments to the
Peninsula OPD Plan Sensitive Areas D velopment Plan a has recommended approval.
NOW, THEREFORE, BE IT ORDAINED Y THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The amen ed Per ns a Neighborhood OPD Plan and Sensitive Areas
Development Plan attached hereto and inc rporate herein by this reference, for the property described
below are hereby approved:
Phase 3 and 4: Beginning at the Sout .nest Corner of Outlot "C" of a Replat of Peninsula
Neighborhood First Addition in accordanc wi the Plat thereof Recorded in Plat Book 45, at Page
207 of the Records of the Johnson Coun Reco er's Office and a Point on the Southeasterly Line of
Auditor's Parcel 2001020 in accordanc with the t thereof Recorded in Plat Book 43 at Page 43 of
the Records of the Johnson County R order's Offic ; Thence N89 059'01 "W along said Southeasterly
Line, 90.40 feet; Thence S60 °46' "W, along sa Southeasterly Line, 1301.43 feet; Thence
N40 042'52 "W, 477.83 feet; Thenc N25 °13'54 "W, 51 90 feet; Thence N64 046'06 "E, 157.06 feet;
Thence NO3 034'52 "W, 95.35 fe , to the Western m st corner of Lot 102 of The Peninsula
Neighborhood Phase 2A, in acco dance with the Plat there f Recorded in Plat Book 53, at Page 136
of the Records of the Johnson ounty Recorder's Office; ence S53 030'11 "E, along the Southerly
Line of said The Peninsula Nei hborhood Phase 2A, a distan of 188.30 feet; Thence S70 °45'54 "E,
along said Southerly Line, 5 .87 feet; Thence S59 °28'31 "E, a ng said Southerly Line, 47.52 feet;
Thence S89 019'43 "E, alon said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said
Southerly Line 101.10 feet; hence N64 °46'06 "E, 119.17 feet, to t Southeast Corner of Lot 100 of
said The Peninsula Neig orhood Phase 2A, and the Southern ost corner of Lot 54 of The
Peninsula Neighborhood econd Addition, in accordance with the Plat hereof Recorded in Plat Book
46, at Page 186 of the cords of the Johnson County Recorder's Office, Thence N84 030'41 "E, along
the Southerly Line of id The Peninsula Neighborhood Second Addition, a distance of 106.48 feet;
Thence S62 013'54" along said Southerly Line, 90.96 feet; Thence 64 046'22 "W, along said
Southerly Line, Al .45 feet; Thence S25 013'38 "E, along said Southerly L e, 53.00 feet; Thence
S25 011'37 "E, alo g said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, alo said Southerly Line,
25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along
said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, .23 feet; Thence
N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line,
11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence
N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line,
92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along
said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence
N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line,
i
Y
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 3tErjj58 -524b (RE211-
0017)
ORDINANCE NO.
M0
ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVER Y PLAN AND - SENSITIVE
AREAS DEVELOPMENT PLAN FOR THE PENINSULA NEIGHBOR OOD PHASES 3, 4 AND 5
LOCATED ON FOSTE ROAD. (REZ11 -00017)
WHEREAS, the app nt, The Peninsula Development Compan , has requested amendments to the
Planned Development O day (OPD) Plan and Sensitive Areas evelopment Plan for the Peninsula
Neighborhood to reconfig a lot lines, street design and mix of s' gle- family, row house and multi - family
buildings and amendments t the Peninsula Code to clarify how tbacks for garages are measured, allow
for porches that are half wi of a house rather than full dth, and allow the eating and drinking
establishments with Live/Work u its on Lot 117; and
WHEREAS, the Peninsula N ' ghborhood OPD Plan allo s for the construction of up to 410 dwelling
units as established in the Peninsul Neighborhood Develop nt Agreement; and
WHEREAS, the Planning and Z ing Commission has he reviewed the proposed amendments to the
Peninsula OPD Plan Sensitive Areas D velopment Plan a has recommended approval.
NOW, THEREFORE, BE IT ORDAINED Y THE CITY C UNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. The amen ed Per ns a Neighborhood OPD Plan and Sensitive Areas
Development Plan attached hereto and inc rporate herein by this reference, for the property described
below are hereby approved:
Phase 3 and 4: Beginning at the Sout .nest Corner of Outlot "C" of a Replat of Peninsula
Neighborhood First Addition in accordanc wi the Plat thereof Recorded in Plat Book 45, at Page
207 of the Records of the Johnson Coun Reco er's Office and a Point on the Southeasterly Line of
Auditor's Parcel 2001020 in accordanc with the t thereof Recorded in Plat Book 43 at Page 43 of
the Records of the Johnson County R order's Offic ; Thence N89 059'01 "W along said Southeasterly
Line, 90.40 feet; Thence S60 °46' "W, along sa Southeasterly Line, 1301.43 feet; Thence
N40 042'52 "W, 477.83 feet; Thenc N25 °13'54 "W, 51 90 feet; Thence N64 046'06 "E, 157.06 feet;
Thence NO3 034'52 "W, 95.35 fe , to the Western m st corner of Lot 102 of The Peninsula
Neighborhood Phase 2A, in acco dance with the Plat there f Recorded in Plat Book 53, at Page 136
of the Records of the Johnson ounty Recorder's Office; ence S53 030'11 "E, along the Southerly
Line of said The Peninsula Nei hborhood Phase 2A, a distan of 188.30 feet; Thence S70 °45'54 "E,
along said Southerly Line, 5 .87 feet; Thence S59 °28'31 "E, a ng said Southerly Line, 47.52 feet;
Thence S89 019'43 "E, alon said Southerly Line, 59.10 feet; Thence N73 °05'03 "E, along said
Southerly Line 101.10 feet; hence N64 °46'06 "E, 119.17 feet, to t Southeast Corner of Lot 100 of
said The Peninsula Neig orhood Phase 2A, and the Southern ost corner of Lot 54 of The
Peninsula Neighborhood econd Addition, in accordance with the Plat hereof Recorded in Plat Book
46, at Page 186 of the cords of the Johnson County Recorder's Office, Thence N84 030'41 "E, along
the Southerly Line of id The Peninsula Neighborhood Second Addition, a distance of 106.48 feet;
Thence S62 013'54" along said Southerly Line, 90.96 feet; Thence 64 046'22 "W, along said
Southerly Line, Al .45 feet; Thence S25 013'38 "E, along said Southerly L e, 53.00 feet; Thence
S25 011'37 "E, alo g said Southerly Line, 102.73 feet; Thence S27 °04'01 "E, alo said Southerly Line,
25.01 feet; Thence S29 °13'54 "E, along said Southerly Line, 8.94 feet; Thence N60 046'06 "E, along
said Southerly Line, 53.00 feet; Thence N29 013'54 "W, along said Southerly Line, .23 feet; Thence
N64 046'06 "E, along said Southerly Line, 92.24 feet; Thence S72 013'54 "E, along said Southerly Line,
11.70 feet; Thence S29 013'54 "E, along said Southerly Line, 16.27 feet; Thence N60 °46'06 "E, along
said Southerly Line, 25.00 feet; Thence N29 013'54 "W, along said Southerly Line, 14.52 feet; Thence
N17 046'06 "E, along said Southerly Line, 10.91 feet; Thence N64 046'06 "E, along said Southerly Line,
92.26 feet; Thence S29 °14'40 "E, along said Southerly Line, 8.95 feet; Thence N60 045'20 "E, along
said Southerly Line, 53.00 feet; Thence N29 014'40 "W, along said Southerly Line, 5.23 feet; Thence
N64 °46'06 "E, along said Southerly Line, 46.35 feet; Thence S62 013'54 "E, along said Southerly Line,
Ordinance No.
Page 2
98.68 feet; Thence S29 013'54 "E, along said Southerly Line, 21.48 feet; Thence N60 046'06 "E, along
said Southerly Line, 25.00 feet; Thence N60 045'42 "E, along said Southerly Line, 151.52 feet; Thence
N29 014'18 "W, along said Southerly Line, 71.51 feet; Thence N27 °46'06 "E, along said Southerly Line,
61.46 feet; Thence S62 013'54 "E, along said Southerly Line, 250.95 feet; Thence Northeasterly, 83.24
feet, along said Southerly Line on a 54.25 foot radius curve, concave Northwesterly, whose 75.31 foot
chord bears N73 048'58 "E; Thence N29 043'06 "E, along said Southerly Line, 98.82 feet; Thence
N29 °51'49 "E, along said Southerly Line, 52.16 feet; Thence S60 008'11 "E, along said Southerly Line,
120.00 feet; Thence S59 °58'21 "E, along said Southerly Line, 27.11 feet, to the Southeast Corner of
Lot 35 of saic\The Peninsula Neighborhood Second Addition, and a Point on the Southerly Line of
said Replat of Peninsula Neighborhood First Addition; Thence S30 001'39 "W, along said Southerly
Line, 17.53 feet; Thence S60 °08'11 "E, along said Southerly Line, 191.33 feet; Thence S00 001'28 "W,
along said Southerly`-Line, 54.60 feet, to the Point of Beginning. Said Tract of Land contains 17.37
Acres, and is subject to easements and restrictions of record.
Phase 5: Lots 1, 2, 3, 4, 5, 6,',7 and 7A of Replat of Peninsula Neighborhood First Addition, Iowa City,
Iowa, in accordance with the Plat thereof recorded in Plat Book 45, at Page 207, in the records of the
Johnson County Recorder's Officewand also: Lot 52 and 53 of The Peninsula Neighborhood Second
Addition, Iowa City, Iowa, in accorda a with t Plat thereof recorded in Plat Book 46, at Page 186,
in the records of the Johnson Count � „Rec rder's Office, containing 2.00 acres and is subject to
easements and restrictions of record.
SECTION II. ZONING MAP. The yfiding Inspe r is hereby authorized and directed to change the
zoning map of the City of Iowa City, to a, to conform to is amendment upon the final passage, approval
and publication of this ordinance by la
SECTION III. CERTIFICATIO ND RECORDING. \own e and approval of the Ordinance, the
City Clerk is hereby authorized a directed to certify a coinance and to record the same, at the
office of the County Recorder of ohnson County, Iowa, at texpense, all as provided by law.
SECTION IV. REPEALE All ordinances and parts s in conflict with the provisions of this
Ordinance are hereby repe 4d.
SECTION V. SEVER ILITY. If any section, provision or part of the Ord
invalid or unconstitution , such adjudication shall not affect the validity of E
section, provision or pa thereof not adjudged invalid or unconstitutional.
SECTION VI. EF ECTIVE DATE. This Ordinance shall be in effect after
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
lance shall be adjudged to be
Ordinance as a whole or any
final passage, approval and
C”) _
N)
C7,
'73
City of Iowa City
MEMORANDUM
Date: February 16, 2012
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Zoning Code Amendment to add a floor area bonus for downtown building
projects that include Class A Office space above the ground level floor of the
building
In 2011, the City Council adopted new standards in the Central Business (CB -10) Zone
requiring that at a minimum the first and second floors of any new building have to be
built to commercial building code standards. In addition, a larger portion of the second
floor fagade has to be devoted to window openings and the floor to ceiling height has to
be at least 11 feet. These code changes are intended to create second floor spaces that
are more attractive and usable for employers seeking downtown office space, but will not
prevent the second floor from being used for apartments.
As noted in the staff memo at that time, market research has revealed that there is a
demand for quality office space in the downtown area. It is also a primary economic
development goal of the City to increase the commercial property tax base and attract
new businesses that will add high quality job opportunities. There is also a very strong
market for downtown residential apartments and condominiums due to the proximity of
the University of Iowa campus. Due to the strength of the market demand for residential
development, the provisions adopted in 2011 may not be enough to create an incentive
for developers to build the types of quality office space that will attract Class A office
tenants. To provide an additional incentive, staff recommends adding a floor area bonus
in the Central Business Zones, whereby for every 1 square foot of Class A office space
provided on floors above the ground level floor, up to 2 square feet of additional floor
area may be added to the building beyond the base floor area ratio allowed in the Zone.
In addition to constructing the Class A office space, the property owner will be required
to reserve that space for non - residential uses.
There is precedent for this type of bonus provision in the Central Business Zones. There
are a number of bonuses listed in Table 2C -4. These bonus provisions are intended to
provide an incentive for development to incorporate features that provide a public benefit
and to encourage excellence in architectural design. Staff recommends adding this new
bonus provision to Table 2C -4 as set forth on the following page. Note that staff also
recommends extending the opportunity for the other bonus provisions in this table to
apply to development in the CB -10 Zone rather than just in the CB -2 and CB -5 Zones.
The underlined text is the suggested new language and strike - through notation indicates
text that will be deleted. All other language in the subject code section will remain
unchanged.
Approved by:
Mobert Miklo, Senior Planner,
Department of Planning and Community Development
f
Amend Table 2C -4: Bonus Provisions, as follows:
Table 2C -4: Bonus Provisions'
Public Benefit
Bonus Allowed
CB 2 and GO 5 Any Central Business Zone
Masonry finish or architectural metal, not including metal siding, on
0.75 floor area ratio.
all non - fenestrated areas of walls visible from a public street. For
purposes of this provision, "masonry" shall be defined as fired
brick, stone, or similar such material, not including concrete blocks
and undressed poured concrete. Masonry may include stucco or
like material when used in combination with other masonry finish.
The provision of a theater
5 sq. ft, of floor area for every 1 sq. ft. of theater area.
The provision of funds for all street furniture, lighting and
0.25 floor area ratio.
landscaping improvements along adjacent street right -of -way in
accordance with the any streetscape plan approved by the City.
Provision of pedestrian activity areas, such as sidewalk cafes,
3 sq. ft. of floor area for every 1 sq. ft. of pedestrian
adjacent to but not in the public right -of -way, provided such areas
activity area.
do not exceed a depth of 12 feet from the front lot line.
Usable open space of size and at a grade that, at a minimum,
2 sq. ft. of floor area for every 1 sq. ft. of usable open
allows passive recreational uses and is accessible to all residential
space.
occupants of a building. Such space may include areas such as
yards, courtyards, terraces, and rooftop gardens designed and
improved for outdoor activities. Balconies serving individual
dwelling units and required setback areas are not eligible for this
bonus.
Adaptive reuse of any property designated as an Iowa City
Up to 3 sq. ft. of floor area for every 1 sq. ft. of floor area
Landmark, eligible for landmark designation, registered on the
reused. Additional floor area may be constructed on the
National Register of Historic Places, or listed as a historically
vacant portions of the property that is being reused or on
significant building as determined by the Survey and Evaluation of
abutting properties.
the historic and architectural resources for the vicinity.
Provision of Class A office space on floors above the ground -level
Up to 2 sq. ft. of floor area for every 1 so. ft. of Class A
floor of the building. Class A Office Space is defined as space that
office space provided on floors above the ground -level
is of a quality that is attractive for premier office users with rents
floor of the building.
above average for the area. Class A Office Buildings have high
quality standard finishes, state of the art systems, exceptional
accessibility and a definite market presence.* To quality for this
bonus, the resulting Class A office space must be reserved for non-
residential uses.
*As defined by the Building Owners and Managers Association
International (BOMA)
CB -10 Zone Only
Provision of an off - street loading area that meets the requirements
An additional 2.0 floor area ratio, not to exceed 12.
set forth in Article 14 -5A, Off- street Parking and Loading
Requirements.
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS
PROVISION , ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A
OFFICE SPA E ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A
CENTRAL BUS \ane S (CB -10) ZONE.
WHEREAS, ntral Business District is intended to be the high density, compact,
pedestrian- orientping, office, service and entertainment area in low City; and
WHEREAS, i a desire to maintain and support a market r a wide variety of
businesses in the to to ensure the long term economic health of a downtown; and
WHEREAS, f the rimary economic development goals the City is to attract
businesses that vide hig quality jobs;
WHEREAS, ction of ss A office space in the Central usiness Distric t will help to
attract businesseprovide hig quality jobs.
NOW, THER, BE IT OR INED BY THE CITY COU CIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. de of Ordinance of the City of Iowa ity, Iowa is hereby amended as
follows:
A. Amending Table 2C -4, Bonus Provisi
would apply in the CB -10 Zone as it
remain unchanged):
by a ding the following bonus provision that
:ed elow (the remainder of said table shall
Table 2C -4: Bonus Provisions'
Public Benefit z
Bonus Allowed
CB -10 Zone
Provision of Class A office space on floors alb the
Up to 2 ft. of floor area for every 1 sq. ft. of
ground -level floor of the building. To qualify f this
Class A o ce space provided on floors above
bonus, only non - resideInean s shall be al wed in
the ground- vel floor of the building.
the Class A office spac
rv;
As defined by the Builders an Managers
=_ : ;y
Association InternationA), C ss A Office
Space is space that is oi ty at is attractive for
=3
premier office users wit ove average for the
area. Class A Office Buave high quality
standard finishes, state rt systems, exceptional
accessibility and a definet presence.
'?
SECTION III. RE ALER. All ordinances and parts of ordinances in conflict ith the provi-
sions of this Ordina a are hereby repealed.
SECTION I SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to a invalid or unconstitutional, such adjudication shall not affect the validikjr of the
Ordinance as a whole or any section, provision or part thereof not adjudged inv id or
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of , 2012.
Ordinance Na
Page 2
MAYOR
ATTEST
(
03 -20 -12
5C
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, SUBSECTION 14- 2C -8Q, BONUS
PROVISIONS, ADDING A FLOOR AREA BONUS FOR CONSTRUCTING CLASS A
OFFICE SPACE ON UPPER FLOORS WITHIN A MULTI -STORY BUILDING IN A
CENTRAL BUSINESS (CB -10) ZONE.
WHEREAS, the Central Business District is intended to be the high density, compact,
pedestrian- oriented shopping, office, service and entertainment area in Iowa City; and
WHEREAS, there is a desire to maintain and support a market for a wide variety of
businesses in the downtown to ensure the long term economic health of the downtown; and
WHEREAS, one of the primary economic development goals of the City is to attract
businesses that will provide high quality jobs;
WHEREAS, construction of Class A office space in the Central Business District will help to
attract businesses that provide high quality jobs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amending Table 2C -4, Bonus Provisions, by adding the following bonus provision that
would apply in the CB -10 Zone as indicated below (the remainder of said table shall
remain unchanged):
Table 2C -4: Bonus Provisions
Public Benefit
Bonus Allowed
CB -10 Zone
Provision of Class A office space on floors above the
Up to 2 sq. ft. of floor area for every 1 sq. ft. of
ground -level floor of the building. To qualify for this
Class A office space provided on floors above
bonus, only non - residential uses shall be allowed in
the ground -level floor of the building.
the Class A office space.
As defined by the Building Owners and Managers
Association International (BOMA), Class A Office
Space is space that is of a quality that is attractive for
premier office users with rents above average for the
area. Class A Office Buildings have high quality
standard finishes, state of the art systems, exceptional
accessibility and a definite market presence.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this day of 12012.
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
Approved by
9411ael
City Attorney's Office /�-�rz
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/20/2012
Voteforpassage: AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens.
NAYS: None. ABSENT: Hayek.
Second Consideration _
Vote for passage:
Date published
5
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 9A, GENERAL DEFINITIONS,
CHANGING THE DEFINITION OF "HOUSEHOLD" AS IT APPLIES IN THE RM -44, PRM,
RNS -20, RM -20, AND CO -1 ZONES.
WHEREAS, "Household Living" is the most prevalent land use within the city, and includes
single family dwellings, two- family dwellings (duplexes), and multi - family dwellings (apartments);
and
WHEREAS, by definition, only one Household may live within a Household Living Use; and
WHEREAS, in all single family zones, the low density multi - family zone (RM -12) and all
commercial zones, except the commercial office zone (CO -1), a household may consist of a
family and up to one unrelated person; or a group of not more than 3 unrelated persons; and
WHEREAS, it is only in the high density multi - family zones (RM -44 & PRM) and the medium
density multi- family zones (RM -20 & RNS -20) and the commercial office zone (CO -1) that more
than 3 unrelated persons may reside within one dwelling unit; and
WHEREAS, in the RM -44 and PRM Zones up to 5 unrelated persons may reside within one
dwelling unit; and in the RM -20, RNS -20, and CO -1 Zones up to 4 unrelated persons may
reside within one dwelling unit; and
WHEREAS, the location of the University campus in close proximity to older residential
neighborhoods where the aforementioned zoning designations are prevalent, in combination
with the aforementioned occupancy standards for unrelated persons in these zones, create an
incentive to develop or redevelop property with residential apartments intended primarily for
short term residents, primarily university undergraduate students, with less emphasis on
providing commercial space or residential dwellings attractive to longer -term residents; and
WHEREAS, there is a desire to maintain and support a market for a wide variety of
businesses and residents in the downtown to ensure the long term economic health of the
downtown and the surrounding residential neighborhoods; and
WHEREAS, it is common practice to control maximum occupancy within residential
dwellings to prevent overcrowding, to control parking and traffic congestion, to maintain a stable
population, and to preserve or foster a certain character within an area; and
WHEREAS, the Central District element of the Comprehensive Plan contains a goal to
explore ways to make more of the existing and future rental housing in the Central District
available to families and other non - student populations in need of affordable housing, e.g.
revisiting occupancy rules and housing code provisions to discourage or prevent unmanaged
dorm -style apartments; and
WHEREAS, amending the definition of "Household" to be consistent across all zoning
districts will allow all types of households, including both student and non - student households,
to compete in the market for housing in central neighborhoods close to employment
opportunities and cultural, educational, and commercial services and amenities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Delete the definition of "Household" in Article 14 -9A, General Definitions, and substitute
in lieu thereof:
HOUSEHOLD: A Household is defined as:
Draft Ordinance No.
Page 2
• One person; or
2 or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency plus up to 1 unrelated person, occupying a
dwelling unit as a single housekeeping organization; or
• a group of not more than 3 persons unrelated by blood, marriage, or adoption,
occupying a dwelling unit as a single housekeeping organization; or
• A group of persons that meet the definition of a Group Household, as defined in
this Title.
B. Delete subsection 14- 4E -9C, and substitute in lieu thereof:
C. The maximum occupancy, as determined by the Building Official based on the
applicable regulations effective February 21, 2012, will be applied to: 1)
any development activity associated with establishing or constructing a residential
use for which a valid permit was issued on or prior to February 21, 2012; or, 2) any
residential use for which a valid rental permit was issued prior to (the effective date
of this ordinance), the effective date of the current maximum occupancy regulations.
For such uses, legal nonconforming rights will be granted for this maximum
occupancy.
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 day of
MAYOR Approved by
ATTEST: J-(Uo= L'�-
CITY CLERK City Attorney's Office 3�ry IIZ
03'2311""
5e
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14, ZONING, ARTICLE 4E, NONCONFORMING
SITUATIONS, REGARDING THE REGULATION OF NON - CONFORMING
DEVELOPMENT.
WHEREAS, the City's zoning code establishes rules that guide the use and development of
properties that are legally nonconforming due to a change in the zoning designation of a
property or a change in the zoning regulations; and
WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide
future uses and development in a direction consistent with City policy, to protect the character
of an area by reducing the potential negative impacts from nonconforming situations, and over
time, to bring development into compliance with the City's regulations while also providing for
flexibility and relief from the strict application of zoning provisions so that properties can
continue in productive use overtime; and
WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended
to provide flexibility and in some cases relief from the current site development standards for
nonconforming property as they redevelop, expand, or change uses over time; and
WHEREAS, while recent changes to the zoning code brought the City's regulations in line
with current accepted practice with regard to commercial site design, including screening and
buffering parking areas, outdoor storage areas, and display lots from public sidewalks and
neighboring properties, there are many older properties that are noncompliant with these new
standards; and
WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances
from the strict application of new site development standards that would not be feasible or
practical or would unduly reduce the ability to use or re -use a property due to topography,
location of existing buildings, or other site constraints.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Deleting Section 14 -4E -8, Regulation of Nonconforming Development, and substituting in
lieu thereof:
14 -4E -8 Regulation of Nonconforming Development
A. General Provisions
Except as otherwise restricted, prohibited or allowed in this Article, a use or structure
located on a lot that contains nonconforming development may be converted to a
different use or altered, provided such change in use or alteration does not increase
or extend the nonconformity and provided the applicable compliance standards listed
in this section are met.
2. Alterations
When alterations are made to a building or buildings on a property that contains
nonconforming development, and the cost of said alterations is over the threshold
Ordinance No.
Page 2
values set forth in subparagraph a. below, the site must be brought into conformance
with the development standards listed in subparagraph b., up to the cap stated in
subparagraph c. The value of the alterations is based on the entire project, not
individual building permits. Mandatory improvements for fire, life safety and
accessibility do not count toward the thresholds. The stated thresholds are not
cumulative.
a. Thresholds triggering compliance
(1) Alterations with a value 35 percent or greater than the assessed value of
all improvements on the site, including sites with multiple tenants in one or
more buildings; or
(2) Alterations with a value of more than $25,000.
b. Standards that must be met
Development not in compliance with the development standards listed below
must be brought into conformance or be granted a minor modification.
Requirements or standards that would not be feasible or practical or would
unduly reduce the ability to use or re -use the property due to topography,
location of existing buildings, or other site constraints, may be modified or
waived by minor modification. The City, at its discretion, may also waive or
modify by minor modification any standards that cannot be met due to a conflict
with any other requirement of this Title.
(1) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along street -side lot lines according to the
applicable screening standard. Setback requirements may be modified to
address site constraints;
(2) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas from the Iowa River or from any Parks and Open
Space Use, including trails, according to the applicable screening standard.
Setback requirements may be modified to address site constraints;
(3) Outdoor lighting standards;
(4) Bicycle parking requirements;
(5) Street and residential tree requirements;
(6) Design, layout, landscaping, and tree requirements within parking areas;
(7) Pedestrian circulation standards;
(8) Screening of existing parking, loading, vehicular use areas, and outdoor
storage and display areas along side or rear lot lines. Setback requirements
may be modified to address site constraints;
(9) Access management standards.
C. Cap on the cost of compliance.
The standards listed in subparagraph b. must be met for the entire site.
However, where the cost of compliance with the standards enumerated in
subparagraph b above exceeds 10 percent of the value of the proposed
alterations, the site shall be brought into compliance with all site development
standards up to this 10 percent cap. It is the responsibility of the applicant to
Ordinance No.
Page 3
document that the cost of the required site development improvements will be
greater than 10 percent of the value of the proposed alterations to the building
or buildings on the site. If not all site improvements are being made due to the
cost exceeding the cap, the extent and location of the site improvements below
the cap will be determined by the City and shall generally follow the order of
priority listed in subparagraph b, above. However, at the discretion of the City,
the order of priorities may be adjusted in response to specific site characteristics
and traffic safety concerns in order to maximize the benefits of site
improvements for site users, adjacent properties, and the public.
3. Demolished or Destroyed Site
When a use is proposed for a property where the principal building(s) have been
demolished or destroyed, but that contains nonconforming development, such as
parking lot paving, exterior lighting, signage, etc, the property must be brought into
compliance with all applicable site development standards as set forth in the base
zone and in Chapter 14 -5.
4. New Site Development on sites with Nonconforming Site Development
Any new site elements being constructed or established on the site, such as new
exterior lighting, new parking areas, new outdoor storage or display areas, new
signage, etc, must comply with current applicable standards.
5. Reconstruction or Re- establishment of Site Development
Any nonconforming site elements that are being re- constructed or re- established
must be brought into compliance with the current applicable standards. However,
requirements or standards that would not be feasible or practical or would unduly
reduce the ability to use or re -use the property due to topography, location of
existing buildings, or other site constraints may be modified or waived by minor
modification. The City may also waive or modify by minor modification any standard
that cannot be met due to a conflict with any other requirement of this Title.
B. Nonconformities with regard to the number of parking and loading spaces
1. If a non - residential use, which is nonconforming with regard to the required number
of parking, stacking, or loading spaces, is modified, expanded or enlarged such that
there is an increase in the number of required spaces over the existing situation, only
the number of spaces relating to the modification, expansion or enlargement need to
be provided. These spaces are in addition to any spaces already in existence on the
site.
2. If a residential use, which is nonconforming with regard to the required number of
parking, stacking, or loading spaces, is changed in any way such that there is an
increase in the number of required spaces over the existing situation, the property
must be brought into full compliance with the number of spaces required.
3. A use that is nonconforming with regard to the required number of parking, stacking,
or loading spaces may be converted to a use in another use category or subgroup
without full compliance with the number of parking, stacking, or loading spaces,
according to the following rules:
a. If the number of required spaces for the converted use is more than what was
required for the established use, only the number of spaces beyond what was
required for the established use need to be provided. These spaces are in
addition to any spaces already in existence on the site.
Ordinance No.
Page 4
b. In addition to any additional spaces required in subparagraph a., as many
spaces as the lot will accommodate must be provided, up to the number needed
to fully comply with the standard.
C. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over time as set
forth below:
1. All lawfully established signs that become nonconforming due to a change in zoning
or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a manner
as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or altered in
any way it must be brought into compliance with the provisions of Article 14 -5B, Sign
Regulations, with the following exceptions:
a. Nonconforming signs that are deemed historic, signs for a historic structure and
signs on structures in a Historic Preservation Overlay Zone may qualify for a
special exception as described in paragraph 4, below.
b. On signs located within 1000 feet of an interstate highway that are legally non-
conforming with regard to sign area or height limitations, the existing sign face
may be changed or replaced, provided the sign meets all of the following
criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a hazardous sign, as defined in this Title; and
(3) If the sign is located in an area subject to regulation due to its proximity to
the Iowa City Municipal Airport, a determination of "no hazard to air
navigation" has been received from the FAA.
4. The Board of Adjustment may grant a special exception to allow changes to a
nonconforming sign, provided the following conditions are met:
a. The sign must be located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or on a property
listed as a key or contributing property in a Historic Preservation or Historic
Conservation Overlay Zone.
b. The sign must fall into one of the following categories:
(1) The sign is in keeping with the architectural character of an historic
structure and is appropriate to a particular period in the structure's history;
or
(2) The sign is an integral part of a property's historic identity; or
(3) The sign makes a significant artistic or historic contribution to the
community or neighborhood in which the sign is located.
C. At the time of application for the special exception, changes to the subject sign
must be approved by the Historic Preservation Commission through a certificate
of appropriateness. If the Board of Adjustment grants a special exception for
Ordinance No.
Page 5
the sign, any subsequent changes to the sign do not have to be approved by
the Board of Adjustment, but do require a certificate of appropriateness from
the Historic Preservation Commission.
d. If the sign is not maintained according to the provisions of Article 14 -5B, Sign
Regulations, and becomes hazardous, the City may request that the Board of
Adjustment revoke the special exception.
5. The Board of Adjustment may grant a special exception to allow repair or
reconstruction of a nonconforming sign that has been damaged or destroyed by fire,
explosion, act of God or by a public enemy if the following approval criteria are met:
a. In order to qualify for this exception, the sign must fall into at least one of the
following categories:
(1) The subject sign is an integral part of the historic identity of a property or
use designated as a Historic Landmark, a property registered on the
National Register of Historic Places, or of a property listed as a key or
contributing property in a Historic District or Conservation District Overlay
Zone; or
(2) The sign is an integral part of a property's historic identity such that it is
generally recognized and associated with a longstanding business or
institution and makes a significant artistic, cultural, or nostalgic
contribution to the community or neighborhood.
b. The sign must be reconstructed as nearly as possible to its historic design or to
the design that is generally recognized and associated with the longstanding
business or institution such that it continues to make a significant artistic,
cultural or nostalgic contribution to the community or neighborhood.
C. The sign must be reconstructed such that it is not a hazardous sign. The sign
must be located in a manner that complies with Article 14 -5D, Intersection
Visibility Standards. The Board may require changes to the sign, to its structure
or mounting, or its location in order to improve public safety. If the sign is not
maintained according to the provision of Article 14 -5B, Sign Regulations, and
becomes hazardous, the City may request that the Board of Adjustment revoke
the special exception.
d. If the sign is located on a property designated as a Historic Landmark, a
property registered on the National Register of Historic Places, or a property
listed as a key or contributing property in a Historic District or Conservation
District Overlay Zone, the subject sign must be approved by the Historic
Preservation Commission and issued a certificate of appropriateness. If the
Board of Adjustment grants a special exception for the sign, any subsequent
changes to the sign do not have to be approved by the Board of Adjustment,
but do require a certificate of appropriateness from the Historic Preservation
Commission.
D. Nonconforming Outdoor Lighting
1. Any existing light fixture that is nonconforming with regard to how the fixture is
aimed must be brought immediately into compliance if it is possible to re -aim the
existing fixture.
Ordinance No.
Page 6
2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply
with any applicable requirement that it be fully shielded.
B. Deleting Subsection 14 -5E -7A and subsection 14 -5E -8A and renumbering the following
subsections accordingly.
SECTION H. 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 day of )2012.
MAYOR Approved by
ATTEST: Q abev"
CITY CLERK City Attorney's Office -7 -2& 1Z
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 3/6/2012
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration 3/20/2012
Voteforpassage: AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens.
NAYS: None. ABSENT: Hayek.
Date published
5f
..Nm..mmlom
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12-
00002)
ORDINANCE NO. 2 -4+67
ORDINANCE REZONING APPROXIMATELY 1.25 ACRES LOCATED AT 108 MCLEAN FROM
NEIGHBORHOOD STABILIZATION RESIDENTIAL ZONE (RNS -20) TO PLANNED DEVELOPMENT
OVERLAY /NEIGHBORHOOD STABILIZATION (OPD /RNS -20). (REZ12- 00002)
WHEREAS, the applicant Parish Apartment LLC, has requested a rezoning of property located at 108
McLean from Neighborhood Stabilization Residential zone (RNS -20) to Planned Development
Overly /Neighborhood Stabilization Residential zone (OPD /RNS -20); and
WHEREAS, the property contains a protected slope with grades exceeding 40% as well as a grove of
oak trees; and
WHEREAS, the applicant is proposing to convert the existing historic structure on the site to 16 one -
bedroom apartments; and
WHEREAS, the applicant is requesting a buffer reduction in order to allow a 12 -space parking area and
dumpster pad within the buffer on the east side of the building and up to 5 additional spaces to the west of
the building; and
WHEREAS the sensitive areas provision of the zoning code allows a buffer reduction if a geologist or
professional engineer demonstrates to the satisfaction of the City that the proposed development activity is
designed to eliminate hazards and will not undermine the stability of the slope or buffer area; and
WHEREAS, the applicant's engineer has submitted a Sensitive Areas Development Plan showing how
the modified site will effectively manage stormwater run-off and control erosion; and
WHEREAS, City Staff have reviewed the proposed plan and believe it will minimize damage to the grove
of trees and will appropriately control stormwater and erosion; and
WHEREAS, the Comprehensive Plan contains policies that encourage the protection of natural features
and the preservation of historic structures; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of RNS -20 to OPD /RNS -20:
LEGAL DESCRIPTION
Retracement Plat of Survey Lots 10, 11, & 12 in Block 3 and part of Lot 6 Block 4, Manville Heights
Addition, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 55, at Page
352, in the records of the Johnson County Recorder's Office, containing 1.25 acres, (54,498 square
feet), and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and Sensitive Areas
Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at
the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
Ordinance No. 12 -4467
Page 2
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 20th day of March, 2012.
MAYOR Pro tel
Cl
Approved by
IJA
City At orney's Office a a�� It 2
Ordinance No. 12 -4467
Page 3
It was moved by Champion and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x Hayek
x
Mims
_x
Payne
x
Throgmorton
First Consideration 3/6/2012
Vote for passage: AYES: Hayek, Mims, Payne, ' Throgmorton, Champion, Dickens,
Dobyns. NAYS: NBne. ABSENT: None.
Second Consideration ------ - - - - --
Vote for passage:
Date published 3/29/2012
loved by Champion, seconded by Throgmorton, that the rule requiring ordinances to be considered
ind voted on for passage at two Council meetings prior to the meeting at which it is to be finally
)assed be suspended, the secondconsideration and vote be waived and the ordinance be voted upon
-or final passage at this time. AYES: Dobyns, Mims, Payne, Throgmorton, Champion, Dickens.
BAYS: None. ABSENT: Hayek.
321 East Market
Post Office Box 2150
Iowa City, Iowa
52244.2150
Phone: (319) 354.1104
Fax: (319) 3546962
Email addresses:
attorney's last name
@ptmlaw.com
www.ptmiaw.com
William V. Phelan
Bruce L. Walker
Richard M. Tucker
Thomas H. Gelman
Gary J. Schmit
John E. Beasley
Dean D. Carrington
Pope S. Yamada
Anna Moyers Stone
William N. Toomey
Daniel W Boyle
William M. Tucker
(19222003]
Charles A. Mullen
[19372001]
PHELAN TUCKER
WALKER TUCKER
A T T 0 R N E Y S
March 7, 2012
MULLEN
GELMAN LLP
A T L A W
SENT VIA EMAIL ONLY: council0iowa- citV.ong)
Iowa City City Council
410 E. Washington St.
Iowa City, IA 52240
Re: REZ 12 -00002 —108 McLean Street, Iowa City
My Client: Parish Apartments L.L.C.
Dear Council:
I represent Parish Apartments L.L.C. On behalf of Parish Apartments
L.L.C., I request that the second and third readings before the Iowa City
City Council regarding the above - referenced rezoning request both occur at
the City Council Meeting scheduled for March 20, 2012. Thank you for your
assistance.
Very truly yours,
John E. Beasley
:Bch
Iowa City City Attorne 's Office
410 E. Washington Str et
Iowa City, IA 52240
Bob Miklo
410 E., Washington Street
Iowa City, IA 52240
Prepared by: Brian Boelk, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5437
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES,"
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE
16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G,
"STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO
CHANGE THE RATE OF THE STORMWATER UTILITY FEE.
WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2011) the City of Iowa City is
authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for
said utility; and
WHEREAS, stormwater utility rates fund the stormwater utility system over time; and
WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $2.50 to $3.00,
and the multiplying rate for non - residential properties will increase from $1.00 to $1.25.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby
amended by increasing the fee to $3.00.
SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled
"Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting one dollar
($1.00) with $1.25.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication.
Passed and approved this day of 120
MAYOR
ATTEST:
CITY CLERK
Ap roved by
City Attorney's Office M�14
2
pweng /ord/stormwater- feeincreasefyl 3.doc
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
Vote for passage:
NAYS: None.
Second Consideration
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
3/20/2012
AYES: Throgmorton, Champion, Dickens, Dobyns, Mims, Payne.
ABSENT: Hayek.
M q
Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 12 -4468
ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5,
"MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND
CONDUCT" TO CREATE TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS
"INDECENT EXPOSURE" AND "PUBLIC URINATION AND DEFECATION ".
WHEREAS, the same section of the City Code prohibits both indecent exposure and public urination,
and therefore the same code section is cited whether the offense being charged is indecent exposure or
public urination;
WHEREAS, this amendment will create a separate code section for each of these offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 8, "Police Regulations ", Chapter 5, "Miscellaneous Offenses ", Section 6, "Indecent Exposure and
Conduct" is amended by deleting it in its entirety and substituting the following in lieu thereof:
8 -5 -6 INDECENT EXPOSURE AND CONDUCT
A. It shall be unlawful for a person to allow or permit the exposure of the genitals, buttock, female
breasts or pubes of such person to another not the person's' spouse or partner or to commit a
sex act in the presence or view of another person except a spouse or partner, if:
(1978 Code §24 -114; amd. 1994 Code)
1. The person does so to arouse or satisfy the sexual desire of either of them; and
2. The person knows or reasonably should know that the act is offensive to the viewer.
B. "Sex act" means any act, actual or simulated, which involves contact with human or animal
genitalia or the anus. This would include, but not be limited to, such acts as masturbation or
sexual intercourse.
8 -5 -13 PUBLIC URINATION AND DEFECATION
A. It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place
or in any place open to public view, provided this subsection shall not apply to restrooms or public
facilities designated for such purpose. (1978 Code §24 -114)
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 20th day of March
MAYOR Pro tem
ATTEST:
W
CLE-
CITY RK
Ap b
3 , )a _"
City Attorney's Office
Ordinance No. 12 -4468
Page 2
It was moved by Throgmorton and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
X
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/6/2012
Vote for passage: AYES: Payne, Throgmorton,. Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration ---------------
Vote for passage:
Date published 3/29/2012
Moved by Throgmorton, seconded, by Champion, that the rule requiring ordinances to be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote be waived and the ordinance be
voted upon for final passage at this time. AYES: Champion, Dickens, Dobyns, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: Hayek.
Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, "POLICE REGULATIONS ", CHAPTER 5,
"MISCELLANEOUS OFFENSES ", SECTION 6, "INDECENT EXPOSURE AND
CONDUCT" TO CREAT TWO SEPARATE OFFENSES TO BE KNOWN AND CITED AS
"INDECENT EXPOSURE" D "PUBLIC URINATION AND DEFECATION ".
WHEREAS, the same section o he City Code prohibits both indecent exposure and public urination,
and therefore the same code section s cited whether the offense being charged is indecent exposure or
public urination;
WHEREAS, this amendment will
NOW, THEREFORE, BE IT ORDAINE�
SECTION I. AMENDMENTS.
Title 8, "Police Regulations ", Chapter 5,
Conduct" is amended by deleting it in its
8 -5 -6 INDECENT EXPOSURE AND
a separate code section for each of these offenses.
BY THE CITY COUNCIL OF THE CITY OF CITY,
iscellaneous Offenses ", Section 6, "Indece5etxposure and
itirety and substituting the following in lie thereof:
DUCT
A. It shall be unlawful for a person to alto or permit the exposure of th genitals, buttock, female
breasts or pubes of such person to ano her not eh person's' spoL partner or to commit a sex
act in the presence or view of anothe person except a spou or partner, if: (1978 Code §24-
114; amd. 1994 Code)
1. The person does so to arouse or sati4fy the sexu4V'desire of either of them; and
2. The person knows or reasonably should knoXthat the act is offensive to the viewer.
B. "Sex act" means any act, actual or sim
genitalia or the anus. This would incluc
sexual intercourse.
8 -5 -13 PUBLIC URINATION AND DEFECATI
which involves contact with human or animal
not be limited to, such acts as masturbation or
A. It shall be unlawful for any rson to urinate o defecate in or upon any street, alley, public place
or in any place open top lic view, provided this subsection shall not apply to restrooms or public
facilities designated for uch purpose. (1978C e §24 -114)
SECTION Il. REPEA R. All ordinances and parts f ordinances in conflict with the provision of this
Ordinance are hereby r ealed.
SECTION Ill. SE RABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstit,vfional, such adjudication shall not affec the validity of the Ordinance as a whole or any
section, provisio or part thereof not adjudged invalid or unc nstitutional.
SECTION i . EFFECTIVE DATE. This Ordinance shall Re in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2012.
MAYOR
ATTEST:
CITY CLERK
roved by
City Attorney's Office
Prepared by: Chris O'Brien, Transportation Services, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC
TRANSPORTATION, TO AMEND FEES
WHEREAS, Iowa City Code section 3 -4 -7: Public Transportation: sets the Amount of Fee for various
Transit matters; and
WHEREAS, effective July 1, 2012 Transit operations will no longer be included in the General Fund
budget; and
WHEREAS, Transit operations wish to attain a goal of user fees covering 30% - 35% of actual
operating costs; and
WHEREAS, the last transit fee increase was on July 1, 1996;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 7, PUBLIC TRANSPORTATION: is hereby
amended by deleting it in its entirety and replacing it as follows:
3-4 -7: PUBLIC TRANSPORTATION:
unt of Fee, Charge, Fine or
Description of Fee, Charge, Fine or Penalty (Penalty
General fares and rates: F
Standard fare, general public _ �1.00�
24 hour pass 1 2.00
Children (K -12) 0.75
Children under 5 years old
Free
School Field Trip (per person)
� 0.75
Bus Passes:
31 -Day Pass (Adult, 18 years old and up)
F"�- ��---^ - -_ 32.00
31 -Day Pass (Youth, K -12)
27.00
31 -Day Pass (Bulk sales)
- _ 28.00
31 -Day Pass (Low Income)
27.00
31 -Day Pass (City Employee)
Half Price of 31 -Day Pass (Adult)
_.. __......._...__........_..--- ........... _ ... .......... __ ..... _ ... -- ..................... _._._ ............. -- ----.. ........._._...._...........__. .._.._....._ .__. ... -- ................. _._ ............. _ ................. ---- .... _ ...... -- -- ................ - ..............................
_...__....
10 -Ride Pass . 8.50
Special fares:
|
Elderly persons (off peak only, 60+ years)
0.50
Elderly Low Income (off peak only, pass required)
F r e e
Person with Disability (off peak only, pass required)
Free
SaturdayTarTily �are (Up to 2 adults and 2 children)
1.00
Bicycle Lockers:
Annual (Prorated)
|
Use of City Vehicle and Operator
Bus and Shop .35 1
SECTION 11. REPEALER. All ordinances and parts of ordinances |n conflict with the provision of
this Ordinance are hereby repealed.
SECTION Ill. 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 aao whole orany
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1.3O12.
Passed and approved this day of 2012.
MAYOR
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 3/6/2012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims,
Payne. NAYS: None. ABSENT: None.
Second Consideration 3/20/2012
Voteforpassage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion.
NAYS: None. ABSENT: Hayek.
Date published
Mkt
10
Prepared by: Ed Moreno, Superintendent, Water Division, 410 E. Washington, Iowa City, Iowa 52240, 319 - 356 -5162
ORDINANCE NO. 12 -4469
ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES,
CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND
PENALTIES, SECTION 3, POTABLE WATER USE AND SERVICE.
WHEREAS, the Water Division recommends amending the City Ordinance Code
Section 3 -4 -3 to correct the `water service charged for the first 100 cubic feet or less of
water used, based on meter size', which was inadvertently changed in Ordinance # 10-
4399; and
WHEREAS, the Water Division also recommends amending the City Ordinance
Code Section 3 -4 -3 to clarify the water main extension fee; and
WHEREAS, it is in the best interest of the public to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION LAMENDMENTS:
TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF
FEES, RATES, CHARGES, BONDS, FINES AND PENALITIES, SECTION 3,
POTABLE WATER USE AND SERVICE is hereby amended by:
A. Deleting the chart for `Water service charges ... for first 100 cubic feet or less
of water used, based on Meter size' it in its entirety and replacing it as
follows:
3 -4 -3: POTABLE WATER USE AND SERVICE:
Water Service Charge (16 -3A-4) for first 100
cubic feet or less of water used, based on
meter size.
Meter Size (Inches)
Charge
5/8 ", 5/8" x 3/4 "
.._ ............. $6.41
3/4"
1
_._........___.$8.26���'
$16.47 - - -�'
2"
$22.14
. ........... I ....... .. . ..... ..
4"
6„
$71.37
.__._$143.61
There will be no minimum monthly charge for a single purpose water meter for the months of
November to March if no water is used.
Ordinance No.
Page 2
12 -4469
B. Deleting the charts for `Extension of major feeder lines (oversizing)' and
`Water Main Installation And Connection Fees' in their entirety and replacing
them with the following:
Extension of water mains $395.00 per acre
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with
the provision of the 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 after its
final passage, approval and publication, as provided by law.
Passed and approved this 20th day of March , 2012.
Mayor Pro teml
ATTEST: _ &,.- -,, I
CITY CLERK City Attorney's Office t Z
Ordinance No. 12 -4469
Page 3
It was moved by Champion and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 2/21/2012
Vote for passage: AYES: Payne, "fhrogmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Second Consideration 3/6/2012
Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Date published 3/29/2012
Mly
11
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030
ORDINANCE NO. 12 -4470
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE
OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO
ALLOW PLANTERS IN LIEU OF FENCING.
WHEREAS, sidewalk cafes are a use of public sidewalks in the C132, C135, and CB10 zones that require a
temporary easement; and
WHEREAS, after the first year during which temporary fencing is allowed, anchored fencing is required to
delineate the cafe;
WHEREAS, planters with flowers and /or other vegetation should be allowed as an alternative to fencing; and
WHEREAS, it is in the City's interest adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of
Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe
Area," is hereby amended adding the following new Paragraph 3c:
c. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to
delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject
to the following limitations:
(1) The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or
City Plaza at the end of the day's operation along with the tables, chairs, and other items.
(2) The planters shall not be less than twenty -seven inches (27 ") or more than thirty -six inches (36 ") in height
excluding plantings.
(3) The planters shall be either metal or have a metal frame.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 20th day of March 2012.
MAYOR Pro to
ATTEST: ���. �• 5TH -c•e%
CITY CtERK
Approved by
City Attorney's Office
Ordinance No. 12 -4470
Page 2
It was moved by Payne and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 2/21/2012
Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne.
NAYS: None. ABSENT: None.
Second Consideration 3/6/2012
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
. Champion. NAYS: None. ABSENT: None.
Date published 3/29/-201,2
M�
13
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248
ORDINANCE NO. 12 -4471
AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND
COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE
RIVERFRONT CROSSINGS URBAN RENEWAL AREA N /K/A RIVERSIDE DRIVE
URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON,
STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT
AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT
OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES
ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE
ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE RIVERFRONT
CROSSINGS URBAN RENEWAL PLAN N /K/A RIVERSIDE DRIVE URBAN
RENEWAL PLAN.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 11 -335 passed and
approved orr the 18th day of October, 2011, adopted an Urban Renewal Plan (the "Urban
Renewal Plan ") for an urban renewal area now known as the Riverside Drive Urban
Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the
lots and parcels located within the area legally described as follows:
Beginning at a point on the southeast corner of Sturgis Corner Addition Part II;
Thence southerly to the centerline of U.S. Highway 6;
Thence westerly along said centerline to its intersection with S. Riverside Drive;
Thence continuing westerly along the centerline of State Highway 1 to a point
where it intersects with the centerline of Orchard Street extended;
Thence northerly along the centerline of Orchard Street to the centerline of the
Iowa Interstate Railroad;
Thence easterly along said railroad centerline to a point that is 190', more or
less, west of the point of intersection of the railroad and the centerline of State
Highway1 /Riverside Drive;
Thence northerly to the north right -of -way line of said railroad;
Thence north 118' to the south right -of -way line of S. Riverside Court;
Thence north 12.5' to the centerline of S. Riverside Court;
Thence west along said centerline to where it intersects with the extension of the
west boundary of property described as follows:
Commencing 459.5' east of the SW corner of Lot 1; N100'; E60'; S100';
W60% Ryerson's and Sharp's Subdivision.
Thence northerly along said west property line extended to the centerline of
Myrtle Ave;
Resolution No. 12 -4471
Page 2
Thence east along said centerline, continuing east to the west bank of the Iowa
River;
Thence southerly along the west bank of the Iowa River to the point of beginning;
And the right of way of all adjacent roads.
WHEREAS, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan; and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for
the division of revenue from taxation in the Urban Renewal Area, as above described, in
accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Urban Renewal
Area legally described in the preamble hereof, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School District, and all other
taxing districts from and after the effective date of this Ordinance shall be divided as
hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the Urban Renewal Area, as shown on
the assessment roll as of January 1 of the calendar year preceding the first calendar
year in which the City of Iowa City certifies to the County Auditor the amount of loans,
rebates, grants, advances, indebtedness, or bonds payable from the division of property
tax revenue described herein, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the Urban Renewal Area
pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and
interest of each taxing district shall be collected against all taxable property within the
Urban Renewal Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the Urban Renewal Area exceeds the total assessed value of the taxable property in the
Urban Renewal Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the Urban Renewal Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Resolution No. 12 -4471
Page 3
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the Urban
Renewal Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the Urban
Renewal Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this 20th day of March , 20 12
J'al 0� .
1�2
r��
MAYOR Prot m
ATTEST:
Y CLERK
Approved by
Crt.G�
City Attorney's Office
Ordinance No. 12 -4471
Page 4
It was moved by Payne and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ x Champion
x Dickens
x Dobyns
_ x Hayek
x Mims
x Payne
x Throgmorton
that the
First Consideration 2/21/2012
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns.
AYES: None. ABSENT: None.
Second Consideration 3/6/2012
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens.
NAYS: Throgmorton. ABSENT: None.
Date published 3 /29/2012
Riverfront Crossing Urban Renewal Area
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