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HomeMy WebLinkAbout2012-11-27 Ordinancei owl Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12- 00025) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 ACRES OF LAND LOCATED ON 1ST AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL(RS -5) TO LOW- DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ12- 00025) WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of approximately 1.02 acres of property located on 1St Avenue north of Rochester Avenue from Low Density Single Family Residential (RS- 5) to Low Density Multi - Family (RM -12); and WHEREAS, the applicant intends to develop this site with a multi - family building that is compatible and consistent with the surrounding_ multi - family and duplex development; and WHEREAS; the comprehensive plan acknowledges the ownership of the property by Regina Foundation with the potential use for access to Regina School; and WHEREAS, Regina School no longer intends to use the property as part of the school campus and is selling the property for private development; and WHEREAS, development of the property for multi - family use is consistent with the comprehensive plan designation for similar adjacent properties along 1St Avenue; WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20- foot buffer area be established -and landscaped to provide a visual screen; and WHEREAS, there is no other feasible means of vehicular access to this property except for 1St Avenue, an arterial street, and before the City will grant access to an arterial street, the applicant must demonstrate that public safety will not be compromised; and WHEREAS, City transportation planning staff have determined that the safest location for driveway access to 1St Avenue is on the north end of the property, given that it would be nearer the bottom of the hill and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal curve, which would increase overall sight distance for motorists so as a condition of rezoning staff has recommended, and the Planning and Zoning Commission has concurred, that development of the property be consistent with the submitted conceptual site plan that indicates the general layout of building and parking area with the driveway location near the north end of the property; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation as Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12): LEGAL DESCRIPTION Lot 2, First and Rochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 78, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. Ordinance No. Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 2d %Z 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 11/27/2012 Vote for passage: AYES: Dickens, Hayek, NAYS: Dobyns. ABSENT: Second Consideration Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Mims, Payne, Throgmorton, Champion. NSne. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction, Inc. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.02 acres of property located on 1st Avenue north of Rochester Avenue, Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Low Density Single - Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and WHEREAS, members of the public and the Planning and Zoning Commission expressed a concern about the potential impacts of the development on Hickory Hill Park, specifically the view of parking and drives from public trails within the park, and therefore recommended as a condition of the rezoning that a 20- foot buffer area be established and landscaped to provide a visual screen; and WHEREAS, City transportation planning staff has determined that the safest location for driveway access to 1st Avenue is on the north end of the property, so as a condition of rezoning staff has recommended and the Planning and Zoning Commission has concurred that development of the property be consistent with the submitted conceptual site plan that indicates the general layout of building, parking and driveway locations; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the Central District Plan; and WHEREAS, the Owner and Applicant agree to develop said property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Regina Foundation is the legal title holder of the property legally described as: comet ;uciflg gt, the Aorthwast cornar of Section 12, Township 79 North, Range B West of the Fifth Principal Meridian, thence 300002'26 "w, 600.07 feet along the west line of said Sectiou 121 thence S89 009'37 "W, 25.38 feet to a point on the west right of way line of First: Avenue and the point of beginning; thence southeasterly, 343.23 feet along said westerly right of way line, on ai 630.00 foot zadlus curve, concave northeasterly, whose 300.31 foot chord. bears S04048129 08 to the nort:heanterly corner of Lot 3 of First and Rochester Addition Part One1 thence 989023'49 "W, 57.14 feet Along the north line of said Lot: 3; 'thence X89036120"W, 122.87 feet along said north line; thence NOV32136 "R, 296.79 feet; thence N'89 00913703, 157.02 feat to the point of begi acing . 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: 1 of 3 a. A 20 -foot buffer area shall be established between the development (including, but not limited to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen between the development and the Park. A landscaping plan shall be submitted for review and approval through the City's administrative Design Review process; and b. Development of the property shall be consistent with the submitted conceptual site plan that indicates the general layout of the building, parking and driveway, to ensure that location of driveway access to 1st Avenue is near the northern end of the property where it is safest for vehicles to enter and exit the property. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2012. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: 2 of 3 Jeff Miller Construction, Inc., APPLICANT By: ( , Title) Regina Foundation, OWNER By: Gary J. Sc Treasurer City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ss: COUNTY OF JOHNSON This instrument was acknowledged before me on , 2012, by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. APPLICANT ACKNOWLEDGEMENT: STATE OF IOWA ss: COUNTY OF JOHNSON Notary Public in and for said County and State (Stamp or Sea]) Title (and Rank) This instrument was acknowledged before me on 2012 by c�-.a� -�� [name] as [title] [name of business]. RYA SCHMIT Commission Number 14924 My Commission res NovNebar 3: 20 5 OWNER ACKNOWLEDGEMENT: STATE OF IOWA ss: COUNTY OF JOHNSON Notary Public ' d for said County and State (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on November 26, 2012 by Gary J. Schmit [name] as Treasurer [title] of Regina Foundation [name of business]. ANNA MOYERS STONE f; Commission Number 743557 My Commission Expires 'OW Ocft r 20.2015 3of3 Awk�-�� ary Public in and for said County and State (Stamp or Seal) Title (and Rank) Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023) CONDITIONAL ZONING AGREEM THIS AGREEMENT is made between the City of Iowa City, Iowa, ta mu icipal corporation (hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construc 'on, Inc. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately .02 acres of property located at located on 1 st Avenue north of Rochester Avenue, Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning said property from Low Density Single - Family Residential (R ) to Low Density Multi- Family Residenti (RM -12); and WHEREAS, m hers of the public and the Planning d Zoning Commission expressed a concern about the potential impa s of the development on Hickory ill Park, specifically the view of parking and drives from public trails wit in the park, and therefore reco ended as a condition of the rezoning that a 20- foot buffer area be establish and landscaped to provide visual screen; and WHEREAS, City tran ortation planning staff h determined that the safest location for driveway access to 1 st Avenue is on the orth end of the property so as a condition of rezoning staff has recommended and the Planning and Zoning Co mission has concur r d that development of the property be consistent with the submitted conceptual site plan hat indicates the neral layout of building, parking and driveway locations; and WHEREAS, Iowa Code §4 4.5 (2011) pr vides that the City of Iowa City may impose reasonable conditions on granting an applicant rezoning equest, over and above existing regulations, in order to satisfy public needs caused by the req ested ch nge; and WHEREAS, the Owner and pplica acknowledge that certain conditions and restrictions are reasonable to ensure the development f th property is consistent with the Comprehensive Plan and the Central District Plan; and WHEREAS, the Owner and Appli nt agree to develop said property in accordance with the terms and conditions of a Conditional Zoning Agr ment. NOW, THEREFORE, in consideration of j!he n%tual promises contained herein, the parties agree as follows: 1. The Regina Foundation is the Iogal title kider of the property legally described as: Lot 2, First and Rochester, P rt One, an A ition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23/ Page 78, Plat -cords of Johnson County, Iowa, subject to easements, covenants and restrictions Of record. The Owner and Applican acknowledge that t of the Comprehensive P an and the Central Di Code §414.5 (2011) p ovides that the City granting an applicant's rezoning request, over public needs caused the requested change. h City wishes to ensure conformance to the principles st ict Plan. Further, the parties acknowledge that Iowa of owa City may impose reasonable conditions on anA above the existing regulations, in order to satisfy 3. In consideration of the City's rezoning the subje t property, Owner and Applicant agree that development of the ubject property will conform to a other requirements of the zoning chapter, as well as the followini conditions: a. A 20 -foot uffer area shall be established betwe the development (including, but not limited to any b (ding, parking area or driveway) and Hi kory Hill Park and said buffer area planted with a v iety of deciduous and evergreen trees an shrubs to form an effective visual screen be twee the development and the Park. A landsca 'ng plan shall be submitted for review and approv I through the City's administrative Design Re ' w process; and b. Devel ment of the property shall be consistent with he submitted conceptual site plan that indica es the general layout of the building, parking and driveway, to ensure that location of drive ay access to 1st Avenue is near the northern end of the property where it is safest for vehi les to enter and exit the property. 1 of 3 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the sub' ct property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with a terms of this Conditional Zoning Agreement. 6. The parties acknowl dge that this Conditional Zoning Agreement hall be deemed to be a covenant running with the Ian and with title to the land, and shall remain full force and effect as a covenant with title to the land, qnless or until released of record by the CA of Iowa City. The parties further successors, represe 7. The Owner and Appliccl construed to relieve the federal regulations. 8. The parties agree that thi ordinance rezoning the s this agreement shall be expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: IIU[12, edge that this agreement slyA-ll inure to the benefit of and bind all and assigns of the parties. acknowledge that nothing 0 this Conditional Zoning Agreement shall be vner or Applicant from co plying with all other applicable local, state, and Conditional Zoning A reement shall be incorporated by reference into the eject property, and at upon adoption and publication of the ordinance, corded in the J hnson County Recorder's Office at the Applicant's 2012. 2of3 Jeff Miller Construction, Inc., APPLICANT (Name, Title) Regina Foundation, OWNER (Name, Title) CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Marian K. Karr as Mayor and�ity Clerk, respectively, of the City of Iowa City. APPLICANT ACKNOWLEDGEMENT: \ STATE OF ) ss: COUNTY 1 This instrument was acknowledged [name of business]. OWNER ACKNOWLEDGEMENT: STATE OF ) ss: COUNTY ) This instrument was kn [name of business]. Notary Public in and for (Stamp or Seal) Title (and Rank) me on as 2012, t# Matthew J. Hayek and State of Iowa Notary ublic in and for said County and State (Stamp o Seal) Title (and ank) Iged before me name] as Notary Public in and (Stamp or Seal) Title (and Rank) �c,_ 1 [title] of County and State 2012 by [title] of 2012 by To: Planning and Zoning Commission Item: REZ12 -00025 GENERAL INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: October 18, 2012 Applicant: Jeff Miller Construction Inc. 308 E. Burlington Street Iowa City, Iowa 52240 319- 331 -1756 jm.builder@hotmail.com Requested Action: Rezoning Purpose: Development of a multi - family use Location: The west side of N. 1 st Avenue, north of Rochester Avenue, south of N. 1 st Avenue -Stuart Court intersection and east of Regina High sports field and track Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 1.02 acres Vacant, Residential (RS -5) North: Hickory Hill Park; Public (P -1). South: Multi-Family; Planned Development Overlay — Low Density MF Residential (OPD- RM -12) East: Duplex Residential; (RM -12) West: Regina High School, Low Density Single Family Residential (RS -5) Central District Plan Map: Private Institutional September 26, 2012 November 10, 2012 The applicant, Jeff Miller Construction, proposes rezoning a 1.02 -acre lot located on the west side of N. 1St Avenue, south of the intersection of N. 1st Avenue and Stuart Court and north of Rochester Avenue from Low - Density Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12). The applicant intends to construct a multi - family building containing 16, 2- bedroom dwelling units with tenant parking largely located within the building on the lower level. The subject property is currently owned by the Regina Foundation and is contiguous with the Regina Catholic Education Center's campus. More specifically, the property is directly east of the Regina football field and track. Regina is selling the subject property to the applicant presumably because the school no longer anticipates a future need for this land. 2 ANALYSIS: Current and proposed zoning - The current zoning of the property is Low Density Single Family Residential (RS -5), which is intended to provide housing opportunities for individual households. This zone also allows for nonresidential uses that contribute to the livability of residential neighborhoods, such as schools, religious institutions, and daycare facilities. In this particular case, the property is owned by the Regina Foundation. The zoning of this property is consistent with the zoning for the larger Regina Catholic Education Center property located directly to the west and has been held as an undeveloped parcel in anticipation that it may someday be needed for expansion purposes or as a second means of vehicular access to the Regina campus. The pending sale of the property by Regina to the applicant indicates that they no longer anticipate a need for this property. It is our understanding that Regina originally retained a 50 -foot easement along the north property line for a potential vehicular access point to the school property from 1St Avenue. However, they have since indicated that they do not intend to retain this easement, which forecloses the possibility of using this property to establish an alternative means of access to the school property in the future. The property is located with frontage on 1 St Avenue, an arterial street. It is bounded to the east and south by properties zoned low density multi - family residential (RM -12), which is the zoning designation requested by the applicant. Hickory Hill Park abuts the property on the north and separates this stretch of 1St Avenue from the single family neighborhood located along Hickory Trail north and east of the park. The properties located south of the Hickory Hill Park access have been fully developed with attached single family and duplexes on the east side of 1 St Avenue and multi - family buildings to the south and southeast. The RM -12 Zone is intended to provide opportunities for high density, single family housing, such as duplexes and townhouses, and low density, multi - family housing to promote a diverse variety of housing options within a neighborhood. Comprehensive Plan - The Central District Plan Map illustrates the property as appropriate for private institutional use, basically acknowledging the ownership of the property by Regina. It was assumed at the time the plan was adopted that Regina would continue to hold the property into the foreseeable future. The existing RS -5 zoning would allow a few detached single family home lots, but with frontage along a major arterial street, additional individual driveways associated with single family homes would be problematic. If this property is not going to be combined and used in concert with the larger Regina campus, the Central Plan Map designation for institutional use is not appropriate given that this property with its limited size, topography, location and access constraints would make it unsuitable for most institutional uses, such as another church or school, which both would require more parking and generate more traffic than a multi - family use. Staff finds that development of the property for a multi- family use would be consistent with the surrounding residential uses, the surrounding multi- family zoning pattern, and with the multi - family designations indicated on the Central District Plan Map for adjacent properties along 1 St Avenue. Compatibility with neighborhood - The proposed multi - family building is consistent with other higher density housing along this portion of 1St Avenue. While the properties across the street are developed with one -story duplexes, the required 40 -foot arterial street setback for the proposed multi - family building will help mitigate any perception of height difference between the lower -scale duplexes on the east side of the street and the multi - family building on the west. The property is located in the Central Planning District, so the building design must be reviewed and approved by the City's Design Review Committee according to the multi - family site development standards. The conceptual building elevation submitted with the application will likely need to be modified to some extent to meet the Central Planning District standards and 3 the parking level will need to be designed as an integral component of the building. However, staff does not anticipate any insurmountable problems with the proposed building. The property is bounded on the north by Hickory Hill Park. There is an existing 8 -foot sidewalk along the west side of 1 st Avenue, which will provide residents easy access to the park. The park is heavily wooded in this area. However, as with any development adjacent to the park, there is a concern about preserving and protecting the park from adjacent urban development and any associated traffic, lights, and unsightly views. To ensure that the park edge is protected, staff recommends that the applicant provide a minimum 20 -foot landscaped buffer between the park edge and the proposed driveway and parking area. This area should include a combination of deciduous and evergreen shrubs and trees to form an effective landscape screen. A landscaping plan should be submitted and approved by Design Review concurrently with the required design review for the building. Environmentally Sensitive Areas - The property slopes downward from west to east. The applicant's engineer has not completed a detailed delineation of the slopes on the property, but has indicated to the applicant that he does not believe that proposed construction activity will trigger the need for a Level II Environmental Review. A Level I review can be approved administratively at the time of site plan review. Staff has made the applicant aware that if it is determined during site plan review that more than 35% of any critical slopes found on the property are proposed for disturbance, a Level II review through the planned development rezoning process will be required, which would require review by the Planning and Zoning Commission and the City Council. Traffic implications - Whenever Regina expands their facilities, the Board of Adjustment is required to consider the implications of the specific expansion and determine whether there will be impacts to the surrounding neighborhood and if so, how these issues can be mitigated. One of the issues that has been of some concern is the traffic generated at the beginning of the school day and in the afternoon when school lets out as parents drop off and pick up their children from school. The property that is the subject of the rezoning request has been considered a possible means for the school to provide another entrance or exit from the school property that might help distribute traffic and alleviate some of the traffic congestion during peak times. Staff notes that if Regina sells this property for development, the possibility for secondary access at this location will be foreclosed. As noted during the last Board of Adjustment hearing, any future expansion requests for Regina that generate additional traffic will require a traffic study and if a second means of access is not possible Regina may need to consider other ways to alleviate traffic congestion such as staggering elementary and secondary school start times. During public hearings for other rezoning requests along 1st Avenue, neighboring property owners have expressed concerns about traffic safety and traffic congestion. The City's transportation staff have reviewed the application and find that the proposed drive access on the north side of the property is preferred. In general sight distance is adequate at this location, but will be reviewed more carefully when the site plan is submitted for review. Traffic generated by a multi - family building of this size will not overburden the capacity of the street or cause any significant congestion. It should be noted that a new driveway access for Regina in this location would have generated significantly more traffic than what the proposed building will generate. Summary - Staff finds that the requested rezoning is consistent with the zoning pattern in the area. Staff also finds that the change from a potential use of the property for Regina's institutional campus to a multi - family use is not inconsistent with the intent and overall housing policies of the Central District Plan. The multi - family site development standards and the required design review process will help ensure that the building fits into the context of the site and the neighborhood. Due to the importance of buffering the driveway and parking area from Hickory Hill Park, staff recommends that as a condition of this rezoning, a minimum 20 -foot landscaped buffer area be 4 provided between the park and any paved or developed area of the site. A detailed landscaping plan showing how this landscape buffer will be accomplished should be submitted with the other submittal documents for design review. Staff also notes that any regulated slopes on the property will need to be delineated on the site plan and any disturbance of regulated slopes will need to be approved through the applicable environmental review process. STAFF RECOMMENDATION: Staff recommends approval of REZ12- 00025, an application submitted by Jeff Miller Construction, Inc. to rezone an approximately 1.02 acre property from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12), subject to a conditional zoning agreement requiring a detailed landscaping plan to be submitted for design review illustrating a minimum 20 -foot landscaped buffer between any developed portion of the property and Hickory Hill Park. The landscaped plan should include a variety of deciduous and evergreen shrubs and trees that effectively screen view of the development from the park. ATTACHMENTS: 1. Location Map 2. Conceptual site plan and building elevations 3. Aerial Photograph Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development r ®oar, CITY OF IOWA CITY M E M 0 RA N D U M Date: October 18, 2012 To: Planning & Zoning Commission From: John Yapp; Transportation Planner Kent Ralston; Assistant Transportation Planner Re: First Avenue traffic analysis Staff has analyzed traffic conditions in the 600 block of N. First Avenue as it relates to the 16, 2- bedroom unit development proposed on the west side of the corridor. Currently, traffic volumes on First Avenue north of Rochester Avenue are approximately 7,800 vehicles per day. The corridor currently operates well under capacity for a two -lane arterial street which can carry 15,800 vehicles per day. In other words, traffic in this corridor could more than double before it would be considered congested from a traffic engineering perspective. Existing traffic volumes on First Avenue are not unusual for a two -lane arterial street. Following are examples of other local two -lane residential arterial streets volumes: • Benton Street near Roosevelt School: 11,100 ADT • First Avenue south of Court Street: 10,500 ADT • Muscatine Avenue near Seventh Avenue: 7,600 ADT • 12th Avenue south of Interstate 80 in Coralville: 10,300 ADT • Holliday Road west of 1 st Avenue in Coralville: 6,600 ADT The proposed development, which includes 16, 2- bedroom multi - family units, would generate approximately 112 trips per day (7 trips per day per unit). This represents a very small percentage increase in total traffic volume on First Avenue and can easily be accommodated from a roadway capacity standpoint. Staff also investigated potential driveway locations for adequate sight distance and checked the collision history at the access to the Hickory Hill Park parking lot (which borders the north end of the property and has similar sight lines). There have been no reported collisions at this location in the past 5 years. From a sight distance perspective staff determined an access point at the north end of the property is preferable, given that it would be nearer the bottom of the hill and closer to the middle of the vertical curvature of the roadway and nearer the outside of the horizontal curve which would increase overall sight distance for motorists. Staff believes that an access point at this location would provide the best sight distance and safety for motorists on First Avenue. Staff recently conducted PM peak hour observations of southbound left- turning movements on First Avenue at the intersection of Hickory Trail. These observations were performed due to resident concerns with excessive left -turn delay due to traffic volumes on First Avenue. Staff found that southbound left- turning traffic had no more than an 11 second delay to begin the turning movement onto Hickory Trail. This is an acceptable level of delay from a traffic engineering perspective. Based on the information provided, staff finds that the proposed development will not have a significant impact on traffic congestion or safety on First Avenue. City of Iowa City MEMORANDUM Date: October 26, 2012 To: Planning and Zoning Commission From: Karen Howard Re: REZ12 -00025 — Rezoning on Vt Avenue north of Rochester At your last meeting, the Commission requested information about several issues related to the rezoning request and to general traffic issues along 1 st Avenue. Stormwater Drainage: Stormwater drainage for the proposed development will be reviewed at the time a site plan is submitted to the City. While general drainage issues and stormwater management were addressed at the time the land was subdivided and Vt Avenue was constructed, development of individual parcels of land within the subdivision will have to tie into the public storm sewer system. Individual site plans are forwarded from the building department to the City Engineer's office for review to make sure that the infrastructure is property designed and connected to public services. Concerns were expressed by several owners of the condominiums located south of the subject property. However, as noted at the meeting, since the existing condo building is located uphill from the property being rezoned, development of a new apartment building will not negatively affect drainage on the property to the south. With regard to existing drainageways and any spring on the subject property, the applicant's engineer will need to take these natural systems into account when they design the building and grade the site. The applicant may be able to generally discuss how they plan to address this issue at the meeting on Thursday. Traffic Safety: While staff confirms that the proposed rezoning and resulting development of the property for a 16 -unit apartment building will not significantly impact traffic congestion or safety along 1 st Avenue, public comments regarding excessive speed were forwarded to the police department. Police Captain Rick Wyss responded and has directed patrol officers to utilize the speed trailers and provide extra patrol for speed enforcement in this area. Trees, landscaping, and building setbacks: Staff visited the subject property to view site conditions and the location of existing trees. There are some trees located around the edges of the property. The condominium building to the south was constructed very near their north property line and a series of retaining walls were constructed to create a level area for the driveways, parking area and for the existing building. The retaining walls are built right to the property line, so any trees in that location would have been removed at the time of development. There are a few remaining trees located on the applicant's property at the base of the retaining wall. However, they are not of a quality or number that would be regulated by the sensitive areas ordinance. Nevertheless, there appears to be enough space on the property to provide the 20 -foot landscaped buffer between the park to the north and approximately 20 feet between the proposed building and the retaining wall to the south. Given that the lack of landscaping or tree cover on the adjacent property to the south was caused by development of that property, staff does not believe that the applicant should be required to remedy the situation having to meet a higher standard when developing the subject property. That being said, the applicant will need to meet the residential tree requirement in the zoning code when the site is developed and trees that are preserved on site can be counted toward that requirement. Ln y� SdWOH1 is O O� W O C/) O N ce -BOYD CT �' BLUFFWOOD � -- o -- o ` o 3 L / m / �r N N 5�� PRA , r 1S�/�� d ° V v > r 1 L O 1 Q) o. C6 cu lm o Lo CL Z 0 0 J 3AV 3: R IT n • { � Y�'.. - r . ' w J t 4 w f ` 1m PA r nim ar y v i • y t�' t,i:�V �� From: Tom and Sandy Bauer [mailto:tkssbauer @aol.com] Sent: Friday, October 12, 2012 2:26 PM To: Karen Howard Subject: IMG_1474.JPG Proposed Rezoning in the 600 -block of North 1st Avenue Karen, Pursuant to our telephone conversation this noon (Friday, October 12) we are emailing some comments regarding the proposed rezoning of 1.02 acres in the 600 -block of North 1 st Avenue, directly across the street from our home at 612 North 1 st Avenue. We just noticed the posting of the rezoning notice sign on the property yesterday (October 11) and after an exchange of voicemails yesterday we were able to speak with you today. Also today we received in U.S. Mail the City's formal rezoning notice and a copy of "A Citizen's Guide to the Rezoning Process" which unfortunately tells us our "Written comments for the Planning and Zoning Commission should be received by the Planning Department no later than Thursday seven days prior to the commission meeting." Since we did not receive the City's notice until today (October 12) it complicated our ability to submit written comments by October 11 -- seven days in advance of the Commission's October 18 meeting. We appreciate your willingness to accept these emailed comments, which we have rushed to assemble by your afternoon deadline today. First, we support private development that grows our tax base and encourage property owners to proceed with reasonable, responsible projects that are appropriate for the site. Attached here is a photo taken this afternoon looking north showing one of the large condo /apartment complexes and the undeveloped property in question on the west. The driveway to our home is the last one visible on the east side. This six -block stretch of North 1 st Avenue is already well - developed with duplexes and condos on the east and a string of large apartment/condo complexes on the west plus one on the east side. The street bears heavy traffic, with the vast majority of vehicles ignoring the posted 25 MPH speed limit, which means that unless vehicles heading north from Rochester (where a steep hill begins) downshift and /or severely brake, they are traveling at 40 to 50 MPH when they pass our home and the property up for rezoning from RS -5 to RM -12. Because of the heavy traffic, vehicle speed, and street curves that restrict sightlines, this section of North 1 st Avenue presents traffic safety concerns for those of us who already live here. In our opinion, the property proposed for rezoning will have the worst sightlines of all for entering the street. We respectfully ask the Commission to defer consideration of this rezoning request until the City has addressed the very real traffic safety concerns on this stretch of North 1 st Avenue. The safety issues will only become worse with further development here. In addition, we respectfully suggest that instead of yet another large complex of up to 16 units that the zoning decision be consistent with a project more appropriate and reasonable for this small, narrow property -- perhaps two or four units -- and that street access be planned with safety utmost in mind. Thanks very much for your consideration. Respectfully Yours, Thomas K. and Sandra S. Bauer 612 North 1 st Avenue Iowa City, IA 52245 351 -4447 I I'd q � I W k$e e�y En e r 4 i Karen Howard From: Thefordes <thefordes @mchsi.com> Sent: Friday, October 12, 2012 3:43 PM To: Karen Howard Subject: Rezoning on First Avenue North Dear Ms. Howard, I am currently out of state but received a copy of the email sent to you by Tom and Sandy Bauer and wanted to send my thoughts as well. Their statements are well reasoned and factual. When First Avenue was first extended we were assured that traffic speed and content would be controlled. That has not happened: on a daily basis, vehicles (including semis and even city and school buses) exceed the posted speed limits. - Traveling either north or south down steep hills without any calming measures or stop signs encourages people to speed and they do. It is often difficult to leave our driveways safely due to the speed and lack of visibility. Adding as large a housing project as is proposed without addressing the problems that already exists is irresponsible. I would ask that the Commission take these facts into consideration. Thank you, Sue Forde 616 First Avenue North Karen Howard From: Bob Miklo Sent: Monday, October 15, 2012 1:57 PM To: Karen Howard Subject: FW: N. 1 st Avenue, north of Rocheter Avenue (REZ12 -0002) From: Linda Waddle [mailto:12waddle @aol.com] Sent: Monday, October 15, 2012 10:52 AM To: PlanningZoningPublic Subject: N. 1st Avenue, north of Rocheter Avenue (REZ12 -0002) To: Iowa City Planning and Zoning Commission From: Linda Waddle Re:REZ12 -00025 Date:October 15, 2012 As a home owner and resident of the property at 530 N. 1 st Ave., I must strongly object to the rezoning of the property located across the street from me. My main concern is the traffic situation on 1st Avenue at this time. It is already difficult for me to get out of my driveway because of the increased amount of traffic on this street. First Avenue has not only seen more residences built since I moved here in 2003, it has also become a corridor for through truck traffic to the businesses located at the south end of 1 st Avenue. In addition, the Fire Department on Scott and Dodge finds it very convenient when they need to answer calls to the southern part of this area. So, we are now becoming the fastest, most efficient route for all kinds of vehicles that are usually not allowed in a residential area zoned at 25 miles an hour. It makes no sense to add to this congestion by allowing more multifamily housing to be built. Comment phoned to me at 5:25 p.m. today from James Buddenbaum, 557 North 1St Avenue (354- 0846), who said neither he nor his spouse could attend the meeting due to health issues, but he asked me to relay his concerns which in addition to the traffic safety issues are as follows: 1. That the project will be built to lesser standards than existing construction nearby and thus will adversely affect property values. 2. That the property is crossed by a "fault line" [which I would call a waterway or spring] and therefore presents challenges to site development and management of storm water and spring water flow. 3. That mature trees on the property represent an aesthetic value and should be preserved. Respectfully, Tom Bauer 612 North 1St Avenue A Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (ice -000n) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.02 S = F Oft LOCATED ON 11T AVENUE NORTH OF ROCHESTER AVENUE FROM LOW DENSFr INGLE FA Y RESIDENTIAL(RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (R@12 -00025) WHEREAS, the applicant, Jeff Miller, Inc., has requested a rezoning of app¢oximately 1.02 acres of property located on 1st Avenue.4north of Rochester Avenue from Low Density Sing► Family Residential (RS- 5) to Low Density Multi - Family ( -12); and WHEREAS, the applicant int to develop this site with a multi - family building that is compatible and consistent with the surrounding mul Amily and duplex development; and WHEREAS; the comprehensive tan acknowledges the previous ownerAhip of the property by Regina Foundation with the potential use for 'oss to Regina School; and ' WHEREAS, Regina School no Ion C intends to use the property as art of the school campus and is selling the property for private developme '„ and WHEREAS, development of the prope for multi - family use is co istent with the comprehensive plan designation for similar adjacent properties al g 1 s' Avenue; WHEREAS, development of the property r detached single fa ily uses would be inconsistent with the zoning pattern for adjacent properties and woul e more appropria ly zoned RM -12; WHEREAS, members of the public and th ,Planning and oning Commission expressed a concern about the potential impacts of the development b, Hickory Hi Park, specifically the view of parking and drives from public trails within the park, and therefo p recomm ded as a condition of the rezoning that a 20- foot buffer area be established and landscaped to provide a vi ual screen; and WHEREAS, City transportation planning staff Nis d termined that the safest location for driveway access to 1S' Avenue is on the north end of the 1pr perry, so as a condition of rezoning staff has recommended and the Planning and Zoning Commissio' ' has concurred that development of the property be consistent with the submitted conceptual site plan tha indicates the general layout of building, parking and driveway locations; and WHEREAS, Iowa Code §414.5 (2011) provi s that "the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning r quest, over and above existing regulations, in order to satisfy public needs caused by the requested c nge; and '%, WHEREAS, the owner and applicant hav agreed that the property shall be developed in accordance with the terms and conditions of the Conditio I Zoning Agreerilent, attached hereto, to ensure appropriate development in this area of the city. '. NOW, THEREFORE, BE IT ORDAI ED BY THE CITY CO�NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject t the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is reby reclassified from its curre�t ' ±oning designation as Low Density Single Family Residential (RS -5) to ow Density Multi - Family Residentia`l(RM -12): LEGAL DESCRIPTION SECTION II. ZONING p/�AP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa ity, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the -Ordinance No. Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. .qFr.TION VII EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provi d by law. Passed and approved t 's day of , 2012. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office gTJ M. J Marian Karr From: thefordes <thefordes @mchsi.com> Sent: Monday, November 26, 2012 9:19 PM To: Council Subject: Rezoning on First Avenue Dear Councilors, I am writing to voice my concerns over the rezoning and subsequent plan to build a 16 unit building on north First Avenue in Iowa City (REZ12- 00025) which is coming before you. I live directly across the street from the lot and have always assumed that someday it would be developed but feel that a 16 unit building is out of proportion both for the lot and the neighborhood. There are already multi -unit buildings on the street to both the north and south of this site but a duplex would be more in keeping with the homes in the vicinity. My neighbors and I attended the Zoning Commission meetings and presented our concerns about the probability of an underground water source due to the continual draining of water from the property across the sidewalk until a trench was dug parallel to the sidewalk directing the water to a large drain installed on the property. The land is severely sloped and the concept drawings shown would require a large amount of soil removal to provide enough level area for the building and hardscape. The condominium building to the south of the proposed site has already encountered problems due to these same factors as told by the owners of several units in that building. During the last Zoning meeting, the commissioners alluded to "having made a mistake" when approving the building of those units and it would seem foolish to make the same mistake again. It would be like approving the building of more homes in Idyllwyld. I also question the type of housing which Mr. Miller is planning. When I questioned him directly, he responded that he is only planning to develop the site, what the owners of the building want to do will be up to them. I would, of course, prefer that the building not be rental units but owner occupied and the lack of openness about the plans concerns me. I am hoping that you will take these concerns under consideration. Thank you, Sue Forde 616 First Avenue North, Iowa City �1 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR SADDLEBROOK MEADOWS PART 1 TO ADD A SINGLE -STORY RANCH - STYLE HOUSE PLAN TO THE PREVIOUSLY APPROVED OPD PLAN FOR PROPERTY LOCATED AT WHISPERING MEADOWS DRIVE AND PINTO LANE. (REZ12- 00022) WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning to amend the Planned Development Overlay Medium - Density Single - Family (OPD-w8) Plan for Saddlebrook Meadows Part 1 to add a single -story ranch -style house plan to the previously approved OPD plan for property located at Whispering Meadows Drive and Pinto Lane; and WHEREAS, the previously approved OPD plan for Saddlebrook Meadows includes three to seven models of single - family homes, all of which have two stories; and WHEREAS, the applicant has requested the option of replacing up to six of the two -story models with one -story dwellings to provide for more affordable units and dwellings on a single floor; and WHEREAS, the approved single - family lots are considerably smaller and narrower than what is typically allowed in the underlying Medium - Density Single - Family (RS -8) zone, and, due to the presence of alleys, the models include a mix of attached and detached garages, which results in less usable yard space than in most newer neighborhoods; and WHEREAS, the proposed house models will include full -width front porches that will be a minimum of 8- feet deep to provide for usable outdoor space; and WHEREAS, the previously approved OPD Plan included a variety of house models and required that identical models not be repeated next to each other, a condition that also applies to the revised plan; 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. The Planned Development Overlay Plan for the property legally described below is hereby amended to allow for the addition of a single -story ranch -style house plan, as shown on the plan attached hereto and incorporated herein by this reference: THE SADDLEBROOK MEADOWS PART ONE SUBDIVISION, AS RECORDED IN BOOK 3846, PAGE 747, BY THE JOHNSON COUNTY RECORDER'S OFFICE, IOWA CITY, JOHNSON COUNTY, IOWA 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. Passed and approved this day of , MAYOR ATTEST: CITY CLERK Approved by '4� �4woak') City Attorney's Office 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 11/13/2012 Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 1112712012 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published M� 5f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00023) ORDINANCE NO. 12 -4500 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.38 ACRES LOCATED AT 1030 WILLIAM STREET FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM - DENSITY MULTI - FAMILY (RM- 20). (REZ12- 00023) WHEREAS, the applicant, 3 Diamond Development, L.L.C., has requested a rezoning of property located at 1030 William Street from Commercial Office (CO -1) to Medium - Density Multi - Family (RM -20); and WHEREAS, the Southeast District Plan encourages redevelopment and reinvestment of the Towncrest area, and specifies that new development in the area should incorporate a diversity of uses, mixed vertically within buildings and horizontally along a network of streets, and include apartment buildings, live -work and residential townhouses to transition from any new development to the detached single - family neighborhood surrounding Towncrest; and WHEREAS, the applicant intends to redevelop this site with apartments designed for and occupied by elders and /or persons with disabilities, a use that is compatible with and complementary to the nearby retail services and medical offices in the area; and WHEREAS, this intended use is a new use for the area, thereby furthering the goal of mixed uses throughout the Towncrest area; and WHEREAS, this redevelopment will set an example to encourage further reinvestment and redevelopment in this area; and WHEREAS, there is a demonstrated need for elderly housing within Iowa City and the Towncrest area, and a conditional zoning agreement will ensure the apartments will be reserved for and occupied by elders and /or persons with disabilities; and WHEREAS, the subject property is within the Towncrest Design Review Overlay District and therefore the final design must be approved by the City's Design Review Committee according to the Towncrest Design Plan Manual; WHEREAS, members of the public and the Planning and Zoning Commission expressed concern over the lack of usable private and semi - private green space for the residents as called for in the Southeast District Plan and therefore recommend as a condition of the rezoning that a landscaping plan illustrating how usable outdoor greenspace will be incorporated into the development be submitted as a component of the developer's application for Design Review; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation Office Commercial (CO -1) with a Design Review Overlay (ODR) to Medium Density Multi - Family Residential (RM -20) with a Design Review Overlay (ODR): LEGAL DESCRIPTION The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded plat thereof, excepting any portion of said Lot 7 falling within the following described tract of land: Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence South 90 000'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 000'00" Ordinance No. 12-4500 Page 2 East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west building line to the centerline of an east -west common wall; thence South 90 000'00" East 44.63 feet along said common wall centerline and its easterly extension to a P -K nail on the east line of the said west one half of Lot 7; thence North 0 007'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly extension of a P -K nail; thence South 89 003'00" West 190.22 feet to the Point of Beginning (1030 William Street). SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION Ill. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 27tbday of November '2012. MAYOR ATTEST: /4 /�•eJ fC . `/ CI CLERK Apby al City Attorney's Office 1( /,7 k 2 Ordinance No. 12 -4500 Page 3 It was moved by Mims and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/13/2012 Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 12/6/2012 Moved by Dobyns, seconded by Mims, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: NSne. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Towncrest Investments, L.P. (hereinafter "Owner "), and 3 Diamond Development, L.L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 1.38 acres of property located at 1030 William Street, Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (ODR -CO -1) to Medium - Density Multi - Family Residential (ODR- RM -20); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions ensuring the apartments will be reserved for and occupied by elders and /or persons with disabilities, and ensuring the adequate provision of private and semi - private outdoor spaces as called for in the Southeast District Plan, as determined by staff through the design review process, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Southeast District Plan; and WHEREAS, the Owner and Applicant agree to develop said property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Towncrest Investments, L.P. is the legal title holder of the property legally described as: The west half of Lot 7, Block 3, Towncrest Addition, Iowa City, Iowa ,according to the recorded plat thereof, excepting any portion of said Lot 7 falling within the following described tract of land: Commencing at an iron pin marking the northwest corner of Block 3, Towncrest Addition to Iowa City, Iowa according to the Plat thereof recorded in Book 4, Page 323 Johnson County Recorder's Records; thence on an assumed bearing of south 140.00 feet along the west line of said Block 3 to a P -K nail marking the Point of Beginning; thence continuing south 144.40 feet along the said west line of Block 3 to an iron pin; thence South 90 000'00" East 50.43 feet to an iron pin; thence south 6.00 feet to a P -K nail; thence South 90 000'00" East 95.45 feet to a P -K nail on the west line of the existing building; thence north 6.67 feet along said west building line to the centerline of an east -west common wall; thence South 90 000'00" East 44.63 feet along said common wall centerline and its easterly extension to a P -K nail on the east line of the said west one half of Lot 7; thence North 0 007'20" West 146.92 feet along the east line of said west one half of Lot 7 and its northerly extension of a P -K nail; thence South 89 °03'00" West 190.22 feet to the Point of Beginning (1030 William Street). 1 of 4 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the. Comprehensive Plan, specifically the Southeast District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Uses shall be restricted to elder apartment housing, as defined in the Iowa City Code of Ordinances; and b. There shall be no vehicular drive between the building and the southern property line; and c. Private and semi - private outdoor spaces will be provided in accordance with the Southeast District Plan, the size and location of which is to be determined by staff through the design review process. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this a7 "'AL day of May -12012. CITY OF IOWA CITY 3 Diamond Development. L.L.C., APPLICANT Matthew J. Hayek, Mayor (Name, Title) D -r&6A'r U,—, S 2 of 4 i Attest: G2tiGrf'i�,tJ � �-1 Mari -K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Towncrest Investments, L.P., OWNER This instrument was acknowledged before me on Noyep hcY a? , 2012, by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) o SONDRAE FORT Commission Number 159791 My Commission Expires Title (and Rank) i&j APPLICANT ACKNOWLEDGEMENT: lJo-I -a.y STATE OF .. p �✓a ) ) ss: COUNTY) This instrument was acknowledged before me on 2012 by [name] as- [title] of -1)c`4 4 name of business]. Notary (Stamp or Seal) Title (and Rank) 3of4 said County and State JEFF VANATTER Commission Number 705313 M Com mi 'o ExExplro OWNER ACKNOWLEDGEMENT: STATE OF sA ) ) ss: -S6115OL COUNTY ) This instrument was acknowledged before me on l ( • $ ' l2 , 2012 by [name] as [title] of UvY` [name of business]. Ndtky Public in and for said County and State (Stamp or Seal) Title (and Rank) 4of4 Phoebe melt Notarial Seal, lows Comr dWW # 788 7 My cAmmia m Evhes -kj-q-- Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ALLOW FOR THE KEEPING OF CHICKENS AS AN ACCESSORY USE TO SINGLE FAMILY DETACHED USES AND TO REFERENCE STANDARDS FOR STRUCTURES FOR THE KEEPING OF CHICKENS. WHEREAS, a large number of Iowa City residents, as evidenced by a petition submitted to City Council on July 10, 2012, have expressed interest in allowing chickens in residential zones; and WHEREAS, the Accessory Uses and Buildings section of the Zoning Code (14 -4C) delineates criteria for specific listed accessory uses and structures, and states that a use or structure can be considered accessory if it meets certain general criteria and is customarily incidental to and commonly associated with a permitted principal use; and WHEREAS, urban chickens are not listed as a specific accessory use and, since they are not customarily incidental to and commonly associated with a detached single - family residence in an urban neighborhood, they cannot be considered a general accessory use; and WHEREAS, an amendment to the Zoning Code is required to list the keeping of chickens a specific permitted accessory use and to allow for structures for the shelter of chickens as an allowed accessory structure; and WHEREAS, additional regulations for the keeping of chickens will be established by the Animal Control provisions of the City Code; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommended approval. 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. Amend Section 14 -4C -2, by adding a new subsection Y as follows: Y. The Keeping of Chickens and Structures for the Shelter of Chickens The keeping of chickens and structures for the shelter of chickens are permitted for detached single - family uses subject to the restrictions and provisions set forth in Title 8, Chapter 4 "Animal Control ", of the City Code of Ordinances. 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, as provided by law. Passed and approved this day of 12012. ATTEST: MAYOR Approved by: ity Attorney's Office CITY CLERK 1 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 11/13/2012 Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne, Dickens. ABSENT: None. Second Consideration 11/27/2012 Voteforpassage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne, Dickens. ABSENT: None. Date published /D Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. WHEREAS, citizens have requested that the City Code be amended to allow them to keep chickens to produce eggs for personal, not commercial, use; and WHEREAS, it is in the best interest of the City to establish a permit process for urban chickens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 12, entitled "Permit Required," is hereby amended by adding the following new Subsection F, entitled "Urban Chicken Permits" as follows: 1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the City. 2. Chicken means a member of the subspecies of gallus gallus domesticus, a domesticated chicken. 3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the City accompanied by the permit fee. 4. Within 30 days of submission of the application, the Police Chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted by City Council resolution or deny the application. If the application is denied, Police Chief, or designee, shall state the reasons in writing. 5. The urban chicken permit shall be valid for three years and may not be sold, transferred or assigned. 6. The Police Chief, or designee, may revoke an urban chicken permit as provided in the policy adopted by Council resolution. 7. Appeals of the decision to deny or revoke an urban chicken permit are to City Manager, or designee, and must be filed within ten (10) days of the decision. 8. Subsections A -E of Section 8 -4 -12 and Section 8 -4 -13 do not apply to this subsection. 9. Additional requirements, including permit fees, shall be adopted by resolution. 10. Violation of this subsection or the terms of the urban chicken permit is punishable by a municipal infraction with a civil penalty of $100 for first violation, $250 for second violation, and $500 for third and subsequent violations. 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 day of 12012. MAYOR ATTEST: CITY CLERK -. . 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 11/27/2012 Vote for passage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne, Dickens. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE RE ULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMI PROCESS FOR URBAN CHICKENS. WHEREAS, citizens have r quested that the City Code be a to produce eggs for personal, n commercial, use; and WHEREAS, it is in the best i erest of the City to establish a F NOW, THEREFORE, BE IT O DAINED BY THE CITY COLM SECTION I. AMENDMENTS. Title 8, entitled "Police Regulati Required," is hereby amended by Permits" as follows: 1. No person shall raise, permit, issued by the City. 2. Chicken means a mer ed to allow them to keep chickens 6rmit process for urban chickens. CIL OF THE CITY OF CITY, IOWA: " Chapter 4, entitled Animal Control," Section 12, entitled "Permit iding the fo/pecies new Subsection F, entitled "Urban Chicken arbor or keens without an urban chicken permit, or other 3r of the su of gall us gal lus domesticus, a domesticated chicken. 3. In order to obtain an urba chi application on a form provided by the City cc 4. Within 30 days of submissi the urban chicken permit if the applicant me by City Council resolution or deny the appli i shall state the reasons in writing. 5. The urban chicken per t sha assigned. 6. The Police Chief, or signee, policy adopted by Council re, policy :k permit, an applicant must submit a completed anied by the permit fee. app lication, the Police Chief, or designee, shall issue the requirements of this provision and the policy adopted m. If the application is denied, Police Chief, or designee, be valid for one year and may not be sold, transferred or revoke an urban chicken permit as provided in the 7. Appeals of the de 'sion to deny o revoke an urban chicken permit are to City Manager, or designee, and must be filed wi in ten (10) day of the decision. 8. Subsections A- of Section 8 -4 -12 nd Section 8 -4 -13 do not apply to this subsection. 9. Additional req rements, including rmit fees, shall be adopted by resolution. 10. Violation oft s subsection or the to s of the urban chicken permit is punishable by a municipal infraction with a ci it penalty of $100 for fir violation, $250 for second violation, and $500 for third and subsequent violat' ns. SECTION II. REPEAL R. All ordinances and pa of ordinances in conflict with the provision of this Ordinance are hereby re ealed. SECTION III. SEVE ABILITY. If any section, provisi n or part of the Ordinance shall be adjudged to be invalid or unconstitutio I, such adjudication shall not aff ct the validity of the Ordinance as a whole or any section, provision or p rt thereof not adjudged invalid or u onstitutional. SECTION IV. E ECTIVE DATE. This Ordinance sha be in effect after its final passage, approval and publication, as prc Passed and a MAYOR ATTEST: CITY CLERK Approved1.fZy ' City Attorney's Office by law. ?d this day of 2012. 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: Second Consideration _ Vote for passage: Date published Dickens Dobyns Hayek Mims Payne Throgmorton that the 11/13/2012 AYES: Hayek, Mim Throgmorton, Champion, Dobyns. NAYS: ayne, Dickens. ABSENT: None. � r Ir CITY OF IOWA CITY MEMORANDUM DATE: NOVEMBER 20, 2012 TO: CITY COUNCIL a FROM: SUSAN DULEK, ASS'T. CITY ATTORNEY RE: URBAN CHICKEN PERMITS - CONSENT OF NEIGHBOR Introduction This memo is to assist with Council's discussion at the November 27 work session regarding whether consent of neighbors is required for having chickens. Other Iowa Cities I was not able to find another ordinance in Iowa that includes a "veto" provision, that is a provision in which a neighbor can prevent someone from having chickens. In reviewing ordinances, I note the following: Cedar Rapids The applicant is required to notify residents of "immediately adjacent dwellings" of the intent to obtain a permit. Consent is not required. Mt. Vernon Permit is required. No consent or notification is required. Ames Chickens are not prohibited. There is no permitting process. Des Moines Chickens are allowed under certain conditions. No permit required. No consent or notification is required. Cedar Falls Chickens are prohibited. Sioux City Chickens are allowed with a permit. No notification or consent is required. Dubuque Chickens are allowed with certain conditions. No consent or notification is required. Davenport Chickens are allowed only in areas zoned agricultural. Council Bluffs Chickens are allowed with a permit. No notification or consent is required. Urbandale Chickens are allowed with certain conditions. No consent or notification is required. 1 Ann Arbor and Madison also looked at two other Big Ten university cities. Ann Arbor requires the owners of all adjacent properties to consent. Adjacent is defined as "parcels of property that the applicant's property comes into contact with at one or more points." In Madison, consent is not required. Notification is not required if the property is an owner - occupied, single - family home. If the property is a single family home that is not owner occupied, the applicant must notify the property owner and all residents of the applicant's dwelling units. If the property is a two, three or four unit home, the applicant must notify the property owner and all residents of all units. No notification is required for a renewal. Staffs Recommendation As shown in the draft policy (set forth below) that was attached to Doug Boothroy's memo dated November 7 which was in the November 13 agenda packet, staff recommends the following notification requirement that allows a neighbor to object to the City issuing a permit but the basis for the objection must be something other than the presence of chickens: If an objection by a neighboring property owner is filed, the Police Chief, or designee, must determine whether there is a reasonable basis to deny the application. Reasonable basis means a condition specific to the site, such as drainage onto an adjacent property or to the applicant, such as a history of animal control issues (e.g., barking dogs and failure to license animals) and /or a history of property management issues (e.g., accumulation of junk and debris, tall weeds, and snow removal). Reasonable basis does not mean solely an objection to the presence of chickens. If Police Chief, or designee, grants a permit over the objection, the Police Chief, or designee, must notify the objector in writing, and the objector may submit an appeal in the same manner as set forth for denials and revocations of permits. How to Define Neighbor If Council requires consent, two issues must be addressed. First, how to define "neighbor." Second, what is the consequence of a neighbor not consenting? 1. Is a neighbor the owner of the property or the tenant(s) or both? 2. Is a neighboring property limited to one that shares a property line? 3. Is a neighboring property one that shares a property line only at the corner of the rear yard? In other words, the two rear yards are diagonal from each other such that the shared property line is one point. 4. Does a neighboring property also include a neighboring structure that is within so many feet of the proposed coop even if there is no shared property line? 2 What is the Consequence of a Neighbor Not Consenting 1. Can one neighbor "veto" the application or is a majority of neighbors required? For example, both side neighbors consent. The rear property line is shared with two lots, one owner consents and one does not. Can that property owner prevent the applicant from having chickens? 2. If a neighbor "vetoes" the application, may the applicant appeal to the City and the City "override the veto" and issue the permit? If so, standards will need to be developed to guide the City in deciding when a permit may be issued even if a neighbor does not consent. 3. May a new neighbor "veto" a renewal of the permit? For example, a person has had a chicken permit for two years without any complaints and applies to renew it for a third year. A few weeks prior to the application, the house next door is sold and the new neighbor will not consent. Conclusion Based on Council's direction at the November 27 work session, staff will prepare a policy to be considered for adoption by resolution at the December 4 meeting (assuming that both the zoning and animal control ordinances are approved) Copy to: Thomas M. Markus, City Manager Geoff Fruin, Asst. to City Manager Eleanor M. Dilkes, City Attorney Marian K. Karr, City Clerk Doug Boothroy, Director HIS Misha Goodman, Animal Services Supervisor 3 Marian Karr From: Brien Hemann <brienhemann @gmail.com> Sent: Tuesday, November 13, 2012 4:16 PM To: Council Subject: Chickens, the peaceful, productive poultry. To whom this may concern, especially members of the Iowa City City Council: Dear Council Members, I am unable to attend tonight's meeting due to a 7pm -9pm class at the University of Iowa. Please include my support for permitting small broods of chickens when contemplating tonight's seminal vote on this issue. I have travelled extensively for academic purposes and was shocked to return home to Iowa City and find anti - subsistance agriculture sentiment(for lack of concrete policy on the topic) in the "Old Capitol," a center for civil progress in a state dominated by conglomerate agribusiness. A testament to poultry's ability to influence one's life: I grew up just outside of Iowa City and became a poultry "Showman," a reward of achievement assessing knowledge about one's subject. My research on bantam breeds that lead to this award at the Johnson County 4- H and FFA Fair and was an early experience applying research to my individual interests. Advocating for sustainability and Iowa City's ability to compete with chicken savvy cities, I urge you to vote to permit 4 hens per household within city limits! Not only can chickens be pets that provide nourishment, but they don't stay out past dark! Something that differs from the more common household animals that bark. Thank you for your time and attention to this matter! Sincerely, Brien Hemann 1720 G St Iowa City, Iowa 52240 US Cities that Allow Chickens - High Country Conservation Center www.hi-ghcount[yconservation.org Marian Karr From: Sturm, Mary Therese M <mary- sturm @uiowa.edu> Sent: Wednesday, November 14, 2012 7:43 AM To: Council Subject: urban chickens This correspondence will become a public record. How many of you on the council have been raised on a farm with chickens? Anyone that has been, will tell you that chickens have an odor, especially in the summer. It is not chicken NOISE... if you don't have a rooster there is little noise. Where do the chickens go in the winter? What about the idea that most of us live in the city because we want to live in a bonified CITY? We don't want to live around or near farm animals? Ordinances that were made years ago were made for that very reason ... we want to live in a CITY environment and with that thought in mind, where are our rights? Suddenly you have a small group of people that want to have chickens in the city, and those of us that pay taxes to live in that same city are disregarded? The argument that the cost of having the "free" eggs doesn't hold water.... chicken food, chicken shelter, license, etc .... those are the most expensive eggs I can find. I can buy a doz eggs for .99 on sale and sometimes .79. If I want free range eggs, I can go to Kalona or even to New Pi and buy them. Chicken eggs sold in stores offer an egg raised in an environment that has been inspected... who is inspecting these eggs from the family pets? Am I attracting fox or other preditors to the city by having these chickens? Come now, what are you thinking? Because you found a dear sweet little child that wants to raise chickens, your hearts are turned to mush. Well I can show you a dear sweet child that wants an elephant... what about him? Sure his elephant will smell, but he will pick up the elephant droppings, and as long as there are no male elephants in the neighborhood you will probably not hear any trumpeting from the elephants. And, wow, there is all that fresh elephant manure that can be used for plants and spread on the yard and for gardens...... Hog wash! We live in a city, chickens are farm animals. They belong on a farm. And Mr. Dobyns: neighbors should have the right to say they do not want to live next to a farm animal since they are paying taxes to the CITY! And what on earth does, "no appreciable loss of sales value to the adjoining homes mean? Any loss is more than should be inflicted. Neighbors should have the right to say, "NO ". This is a matter that should be voted on... oh, that costs money .... well let the city bear the money for that instead of the property owners having to bear loss of property value or the loss of one portential house buyer due to chicken neighbors. Come one folks, you are on a CITY COUNCIL, not the County Board of Supervisors Mary Sturm Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. Marian Karr From: RussUPS @aol.com Sent: Friday, November 16, 2012 12:22 PM To: Council Subject: (no subject) I find this quite amusing. The whole jest about these people wanting their own laying hens is because "eggs are to expensive or not healthy enough to be bought at a store ". I bought eggs at a grocery store the other day„ $1.50 a dozen. Keeping that in mind with the purchase of a $100.00 permit. I could buy 66 dozen with that $100.00. Now a dozen organic would run you about $3.70 a dozen. With that same $100.00 permit someone could purchase 27 dozen eggs. Then take into account the feed and up keep of those 4 hens on top of that permit, those become very expensive eggs. It would be cheaper for these people to buy organic eggs at The New Pioneer Co -op. In a town of 50,000, our city council let 2% or about 1000 people possibly create a "messy ordinance" for neighborhoods. If you know anything about chickens "messy" is the only respectable way to describe it. Granted it's a separate issue. But isn't it amazing how 2% of a population can possibly create a huge "neighborhood mess ". But then when it comes to the safety of all of those who work in our courthouse. It takes a super majority instead of a simple majority to build a facility to do just that. Russell Haught Marian Karr From: patricia knebel <pkknebel @hotmail.com> Sent: Sunday, November 18, 2012 8:57 AM To: Council Subject: Urban Chickens I am writing to ask you to please vote against allowing chickens in Iowa City. I am very concerned about having any chickens near my property and that of others. Having grown up on a farm, I know how dirty and unpleasant they are. Chickens by nature scratch at their feed, which ends up scattered, and will attract mice, rats, and other vermin to say nothing of the other animals, who will be most interested in having chicken for dinner! I am also well aware of the smell associated with chicken pens. Please vote no. Pat Knebel 1941 Hafor Dr. Iowa City, IA 52246 (o Marian Karr From: shanmarie.jones @gmail.com on behalf of Shannon Gassman <shan.gassman @g mail. com> Sent: Wednesday, November 21, 2012 4:28 PM To: Council; Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne; Jim Throgmorton; Doug Boothroy; Misha Goodman; Tom Markus; Geoff Fruin Subject: I- CLUCK/urban chicken ordinance: neighbor veto & cost Attachments: I- CLUCK_neighbor.veto_letter.pdf Dear City Council and Staff, Please see the attached letter from I -CLUCK regarding neighbor rights /veto and permit costs. Thank you, Shannon Gassman (Please include in Information Packet for the November 27 council meeting.) Shannon Gassman shan. gassmanggmail.com 630 677 0227 11/21/2012 Dear Iowa City Council and Staff, On behalf of the I -CLUCK group, I would like to share some opinions and talking points with you, for consideration alongside the draft of the urban chicken ordinance. We have, as a group, considerable concern regarding two aspects of the proposed ordinance: Neighbor Notification & Permit Cost. Neighbor Notification At your meeting on November 13th, there was some discussion about neighbor rights and a desire of some council members for a neighbor veto to be added to the ordinance. We understand that city staff has been asked to provide an updated draft of the ordinance, with language about neighbor veto. The opinion of I -CLUCK is that giving neighbors veto power over chicken permits would be a mistake for this Iowa City ordinance. We ask that you consider this ordinance in relation to the animal code of Iowa City, which does not require notification from neighbors for owning any number of dogs, cats, or any other pets. The ordinance as previously proposed already gives neighbors fair and equal treatment, and puts into place significant measures to ensure that best chicken keeping practices are followed. An additional neighbor veto policy on this ordinance would open up opportunities for neighbor input in other areas, and likely open up a much larger battle of protection vs. over - regulation within Iowa City. Undoubtedly, there are many circumstances and issues that you, as public officials who are looking at many different issues at one time, have not considered. Please use the following information in your discussions. Foreseeable Problems with including a Neighbor Veto: - Neighbor Notification does not exist anywhere else in Iowa City code; it is unprecedented. - Neighbor Veto definitely does not exist anywhere else in Iowa City code. - Neighbors could deny a chicken permit based on personal preference and perceived problems, rather than actual, circumstantial reasoning. - Neighbor's personal preferences should not dictate what one is able to do in their own backyard. -There are various other activities that may be deemed to have a greater impact on neighbors and property values than chickens, however they remain unregulated (likely for good reason). See Other Activities below. - Because of varying circumstances within the city, neighbor veto will be extremely hard to control and monitor. See Circumstances below. - Neighbor veto has more potential to cause neighbor tensions than it does to eliminate tensions. -How will an applicant be able to resolve the concerns of the neighbor? Is there room for negotiation? Or one no means NO? -Does one neighbor's disapproval mean automatic permit denial? Is the city prepared for this excess in neighbor relation mediation? Veto may be excessive for a written city policy and perhaps the issue is better dealt with on a case by case basis, through the nuisance code. Other Activities that are allowed without neighbor notification: -Build an 8 foot high privacy fence around your entire back yard, or take down an existing privacy fence. -Build an accessory apartment (granny cottage) in your back yard and rent it out. -Rent your house out and not maintain it. -Pave half of your yard to use as a tennis court, or put up a basketball court with spotlights for night playing. -Use a smokey charcoal grill or have a campfire in your yard, which may irritate some neighbors with allergies or asthma. -Hang a deer carcass from a tree after a hunting trip. -Run a business out of your home, and have an employee. - Install a swimming pool and have pool parties for your kids. - Install a hot tub in your back yard and throw adult parties. -Build a dog run for 4 dogs, or just let them out in the fenced yard to bark when people walk by. - Operate an in -home daycare for 9 to 16 children. - Attract numerous birds and other wildlife (squirrels, chipmunks, etc), and their waste, to your yard by feeding them. -Spray chemicals on your yard even if your neighbors have chemical sensitivities or asthma. - Operate a bed and breakfast home with up to 3 rooms for rent on a nightly basis. -Cut down all the trees and bushes in your yard, or take other actions (or inactions) that reduce property values. -Cut branches off your neighbors tree that overhangs in your yard. -Allow your dog to run and bark freely on your property. -Let out your cats to roam and leave feces throughout the neighborhood. (yes, this is illegal in Iowa City, but the occurrences are dealt with through the nuisance code, not neighbors vetoing cat ownership) -Plant trees that might drop walnuts or another fruit into a neighbors yard. -Store numerous old cars or other large implements in your yard. -Leave dog remainders in your yard in excess of one week. -Smoke outside, on your property, which may draft into neighbors yards and homes. These activities and lifestyles remain free of neighbor approval, which suggests that keeping chickens would be much more offensive and thus require a new, unprecedented policy to be put in place. Chickens in small flocks in urban settings no not have a greater impact than any of these other activities. Circumstances (not rare) which make veto power confusing and overbearing -A large lot on a cul de sac which abuts 10 separate properties. One property owner (perhaps the furthest away), of the ten, disapproves the application. -A single family home next to a multi -unit apartment complex that could hold any number of people, often changing frequently. Would permission be required from all tenants of that apartment building? Would permission need to be granted every time a new tenant moves in? Would permission need to be granted from the property owner? Is it reasonable to give this power of veto to someone who may not live in the neighborhood, or Iowa City, or even this state? -A single family home has only one abutting neighbor, who opposes the permit. The proposed coop and enclosure plans put the chickens completely out of sight and sound from that neighbor. -A single family home is located next to a commercial property with a board of directors of ten individuals. Five oppose / Five approve. -A single family home abuts a co -op housing property, housing 20 individuals. -A single family home abuts a city park. Can the city deny the permit? Can users of the city park deny the permit? -A neighbor opposes an application because of past experiences on an industrial chicken farm. Is this reasoning valid even though the circumstances are entirely different? -A neighbor opposes an application because they believe their dog will attack the chickens. Is this substantial cause to deny a permit? Is there a way for this permit to go through, after negotiating fencing options? Is this the city's responsibility to monitor fencing negotiations? -A neighbor opposes an application because they believe there will be a terrible smell in the neighborhood once the chickens arrive? This is likely an opinion based on preconceived notions, rather than experience with chickens in an urban setting. Is it appropriate to deny a permit based on preconceived notions? By not including a neighbor veto policy, these questions and issues would be resolved by the institution of a fair, equal, and publicly understood set of rules, regulations, and rights defined by the ordinance. Talking points from 1 -CLUCK We must accept that by living in a city with small lot sizes we will have neighbors doing things in close proximity to us that we do not approve of. Any kind of permission or notification requirement asks too much of city staff members who are going to have to enforce these rules or adjudicate disputes. It would be much simpler for city staff to address any actual complaints that arise. It seems like only a tiny number of people actually keep chickens in towns where it is allowed. It would be more efficient and less invasive to simply address problems as they arise (which is what city staff does if, say, there's a loud dog) rather than create all this work in advance of problems that probably won't arise. The nuisance policy should be used as a way to lodge complaints. My neighbors and I are friendly, but I don't feel I have any right to dictate what goes on in their private yard, and they should afford me the same right. The current proposed workflow is a compromise: instead of just buying a dog, you have to apply for a permit to have chickens. Concerns such as "I do not want to live next to chickens" should not hold any weight. It should be the provisions of the policy, not the veto power of the neighbor that are most important. The goal of this ordinance should be to provide citizens the opportunity to raise chickens. If the goal is, instead, to be able to say that we have an ordinance, but we don't actually want chickens to be here, we need to reassess. There are beginning to be so many hoops to jump through that no one will truly be able to do this, and this effort will have been wasted. This ordinance is being proposed to allow citizens a new right: the keeping of chickens. It would be extremely counterproductive to simultaneously give citizens the right to deny their neighbor this new -found right. Where to Go From Here Iowa- CitiansLUCK do not believe this ordinance should include a neighbor veto policy. It is unclear, however, what Mayor Hayek says when he asks for more "neighbor rights." Does this mean Neighbor Veto: one abutting neighbor disapproves - permit denied? Or would there be more leniency in the veto power that could allow an applicant to satisfy some need of the neighbor before getting their permit? What would be reasonable cause for a neighbor to deny an application? -The best solution is to keep the ordinance as is: give neighbors a chance to come forward with due cause that a permit should be denied, and use the nuisance policy, as it exists in the animal code, to handle problems as they arise. -A second solution might give neighbors a chance to give proper reasoning to their concerns with having chickens next door. City staff or a committee would have to deem whether this is concern is reason. We do not suggest this option, as it seemed over - regulated and entirely subjective. We would need a manual written just to discuss reasonable and unreasonable concerns. - Another solution may be to ask for some type of percentage of disapproval from neighbors. This could put strain on neighbor relations, and start battles, including allies and enemies. It may be effective for large properties with many abutting neighbors, but is not useful in many cases of few abutting properties. Permit Cost Although not discussed during the last council meeting, I -CLUCK advocates have been discussing the cost of the permit, as defined in the current drat of the ordinance. We find the costs to be much higher than other cities (Cedar Rapids: $25, Mt. Vernon: $10) In fact, there is no town we are aware of with this high of a cost for chicken keeping permits. Comments Regarding Cost $100 works out to be about $2 a week. While I would like to own chickens to reduce my carbon footprint, reduce demand for factory- farmed eggers, and feed my family a healthful product, adding such a high permit expense would be prohibitive to my family of 6 living on less than $55K. When you add cost of feed, of chickens, and of building the coop, I may as well continue to buy $4 /dozen eggs from the farmers' market. This high permit cost is unprecedented and I believe it is set to keep people from owning chickens. Please take a look at the policies of many, many urban and suburban areas and note that they do not place this burden on their citizens. If the goal of this ordinance is to say that we have an ordinance, but we don't actually want chickens to be here, we need to reassess. There are beginning to be so many hoops to jump through that no one will truly be able to do this, and this effort will have been wasted. take real issue with the price of the permit, as well as the renewal fee. $100 initial fee plus a $75 annual renewal? Really? Given that having a cat or a dog is only $5(30) a year, this seems ludicrous. It creates a situation /policy where urban chickens are a luxury item. Healthy fresh food, all would agree, should not be something of privilege. As a matter of fairness, I think the chicken fee should be exactly the same as a comparable dog or cat fee. If it is higher, justification for the higher fee should be stated in the policy. Understandably, the fee is set to cover the cost of coop inspections. However, animal control has stated that it will not be increasing its staff in order to satisfy chicken coop inspections. If the staff is there, and they are paid by the city (not hourly by the public) why is there an excessive charge for chicken permits? The fees are too high and make it most likely that keeping chickens would only be possible for quite affluent people. There's no reason why the fees should be MUCH higher than they are for licensing dogs or cats. The $100 first time permit is high. But the $75 renewal fee is extreme (and seems to be a very arbitrary number). If a chicken owner has kept chickens in the past and not had problems, complaints, or issues with animal control, they should be able to continue their practice without extraneous loops to jump through. There should be a minimal cost ($10, to be clear) to file the paperwork and no additional inspection. If the high cost is trying to cover set -up for housing chickens at the shelter, I -CLUCK would be willing to help to raise the money for this cause, but it should not be deferred to those individuals who could benefit most from healthy, fresh, and affordable food. Thank you for your continued work on this issue. We ask that you please consider these points as you continue to make decisions about the future of this ordinance. We hope you will be proud of the ordinance which your staff has organized and which your advocacy group has worked so hard to obtain. Sincerely, Shannon Gassman to Marian Karr From: Sarah McElligott <sarah.mcelligott @g mail. com> Sent: Wednesday, November 21, 2012 9:24 PM To: Council Subject: Chicken Keeping in Iowa City November 19th, 2012 Dear Council Members, My family has raised chickens in the past and would like to again. I am very pleased to hear that we may be able to soon. However, I have some concerns about what provisions may be placed on the permits. First, I have heard it will be $100 for the first year and $75 for subsequent years. $100 works out to be about $2 a week. While I would like to own chickens to reduce my carbon footprint, reduce demand for factory - farmed eggers, and feed my family a healthful product, adding such a high permit expense would be prohibitive to my family of 6 living on less than $55K. When you add cost of feed, of chickens, and of building the coop, I may as well continue to buy $4 /dozen eggs from the farmers' market. This high permit cost is unprecedented and I believe it is set to keep people from owning chickens. Please take a look at the policies of many, many urban and suburban areas and note that they do not place this burden on their citizens. My second concern is the idea of a neighbor -veto in the law. I have 5 neighbors abutting my property. None of these neighbors have to ask me if they can get large dogs that bark at my children every time they play in our fenced back yard, nor do they have to ask me if they can plant trees that might shade the only garden area I have, or might drop walnuts or another fruit into my yard. I do not get to say that my neighbors should not have 6 broken down cars parked in their yard, lowering our property values. Why should they have veto power over whether I have a few chickens in my yard? My neighbors and I are friendly, but I don't feel I have any right to dictate what goes on in their private yard, and they should afford me the same right. Backyard chickens are a positive addition to a community. I understand the need to protect the city with permitting; however, I feel if you need to do this, limit it to property owners, make it affordable to families who both want to make a difference AND who are part of the middle class, just trying to get by and make the world a better place. Iowa City is a great, progressive city: we can do better than neighbor- vetoes and exorbitant permitting costs. Thank you, Sarah McElligott This correspondence will become a public record. /b Marian Karr From: trish nelson <nelsonaction @yahoo.com> Sent: Saturday, November 24, 2012 7:26 PM To: Council Subject: Iowa City can't handle chickens Dear council, I watched the council meeting this evening and know all the arguments. I'm not opposed to what the chicken supporters are going for, locally grown food, health, ecological balance, etc. although I feel that some of the proponents exaggerate the problem -free aspect of other communities' experience with chickens. Cedar Rapids has had numerous problems. And locally grown eggs are available in many Iowa City grocery stores already. It is hard to see what the true need for neighborhood chickens really is other than people want them. After having lived in this community for 30+ years, I anticipate numerous fights over permits, abandoned chickens, abused chickens, escaped chickens, bothering neighbors, etc. In my humble opinion, Iowa City simply cannot handle urban chickens. I think that many Iowa Citians are opposed to this but you're mostly hearing from the chicken supporters. Please consider this carefully. We will not be able to go back. Trish Nelson 917 Wylde Green Rd., Iowa City Marian Karr From: LTProttsman <ltprottsQuno.com> Sent: Monday, November 26, 2012 11:19 AM To: Council Subject: chicken ordinance Dear City Council Members, I am writing to urge you to carefully consider the veto power of neighbors within the chicken ordinance. While I agree that the chicken permit should include very specific rules to abide by, it makes me nervous when neighbors are allowed veto power. In some instances, if the chickens /coop aren't taken care of, etc., there should be some exceptions and action taken. But just as I don't have the right to veto my neighbor's dog (who jumps out of a car window and bounds into our yard with our playing, now frightened children), I think the same consideration should be given for chicken owners. Also, the $100 permit fee seems above and beyond what's appropriate, especially considering other animal permits are only $5. With all the other start-up costs associated with a responsible chicken owner, a $100 permit fee seems excessive and prohibitive. I realize this "chicken thing" is new to Iowa City, and there are many things to carefully weigh and consider. Many, many cities and towns in the US are able to peacefully contain urban chickens (some even allow goats!), so I think Iowa City should be reasonable and fair with the new chicken ordinance. Thanks for your consideration, -- Tammia Prottsman /6 Marian Karr From: Martha Norbeck <martha norbeck@hotmail.com> Sent: Monday, November 26, 2012 11:37 AM To: Council Subject: In support of urban chickens Dear Council Members, am thrilled you are reviewing the issue of urban chickens. I'd like to share my response to your discussion of a neighbor veto and $100 permit fee. In my youth, we had a pet chicken, we loved to run out and fetch her warm egg when we heard her squawk. That was about the only time she made a loud noise. She was far less noisy and troublesome than my current dog, and yet you propose to set a higher bar for chicken ownership than dog ownership. Dogs can be loud, noisy and scary. My home is surrounded by home owners with multiple dogs. They bark and lung at me when I pass. The dogs are obnoxious, but anyone can get a dog license for $30 without talking to their neighbors first. Other neighbors have youth who play loud music, or who mow their lawn at 6:30 am, or whose cats use my flower beds as a litter box. I don't like these things, but they are all okay because living in an urban neighborhood was my choice. Dogs, cats, chickens, should all be treated the same. I'd rejoice if my neighbors swapped out their scary loud dogs for chickens. Sincerely, Martha Norbeck of the Longfellow neighborhood 906 S. 7`h Ave. /0 Marian Karr From: Fred Meyer <f.meyer @mchsi.com> Sent: Monday, November 26, 2012 12:32 PM To: Council Subject: Changes to the Urban Chicken Ordinance Dear City Council Members. Thank you for showing your progressiveness by moving forward with permitting urban chickens in Iowa City. The ordinance is good: it outlines the best practices for keeping healthy hens on a residence. After cordially speaking with the Animal Care and Adoption Center about the ordinance, I think a couple small changes are needed to make it fair and unbiased: • Remove the neighbor notification provision • lower the permit fee to the same amount as neutered dog and cat license fees ($5 per year per chicken) Neighbor Notification and Paradigm Shift Urban chickens bring with them the perception of unkempt farms of mud, filth, and odor. This unspoken and unfounded paradigm is the primary fear of a few residents, but unresearched issues of urban disease, noise, and owner responsibility is touted instead. Keeping 2 -3 hens will not create an unsightly urban farm just as keeping 2 -3 dogs does not create a dangerous urban wolf pack. Chickens are simply domesticated birds just as dogs are domesticated wolves. Yet due to the farm paradigm, we are much more accepting of dogs despite having thousands of times more birds than dogs inhabiting our landscapes. Please consider removing the neighbor notification provision. I do not think you want specious paradigms to drive policies that are time - consuming and difficult to enforce. The excellent provisions outlining coop conditions are enough to address health and visual concerns and current pet regulations can easily be used for chickens. In addition, I do not think neighbor notification exists for any other city policy, likely due to the complications that follow. Fairness and Fees Why can most anyone keep dogs or cats, but not chickens? Why is the proposed chicken permit fee higher than dog and cat license fees? I do not want a pet dog or cat because: • I am allergic to fur. • My home is surrounded by 6 barking dogs and I do not want to increase neighborhood noise levels. • Dog and cat feces contain pathogens which require energy and resources for disposal. I want 2 -3 pet hens to: • Create fertile, weed -free garden beds. • Consume yard waste and kitchen scraps that may otherwise go to the landfill. • Help control insect outbreaks (such as Japanese beetles). • Provide backyard company. • Provide eggs. Please move the ordinance forward with the fees at the same level as neutered dog and cat licenses. If fees for neighboring dogs and cats are lower than my chickens, please provide justification for the higher fee in the policy. Thank you for considering these changes and for all that you do to make Iowa City a great place to live. Fred Meyer Bristol Drive, Iowa City /Z7 Marian Karr From: Elizabeth Cummings <idea @mchsi.com> Sent: Monday, November 26, 2012 12:53 PM To: Council Subject: A must -read: collective statement of animal sanctuaries on "backyard chicken" movement Dear Council Members: I am an Iowa City homeowner opposed to the push to establish an ordinance allowing hens within the City limits -- though I am not opposed to chicken - keeping if done correctly. Allow me to make the distinction: I do know people who care for hens (and roosters) properly, from cradle to grave. These few individuals ensure correct care for the animals, starting with how they are acquired (adopted vs. bought from what is the chicken version of a puppy mill, only with even fewer animal - protection regulations), ensuring their lives are enriched (allowing hens and roosters to forage and perch outside of a coop on a daily basis), and providing hens a forever home (caring for them well beyond the mere 18 months they produce eggs at a rate that is satisfactory to countless backyard- chicken advocates). In the 13 years I have been reading literature, attending talks, and even spending a summer as a full - time volunteer tending to the day -in- and - day -out needs of formerly neglected and abandoned hens and roosters, generally viewed as a source of food and little else, I can say with certainty that the people I mention above are a rare breed. Giving legal permission for the general population to have hens in their backyard, for this reason and others, is unwise. Though I understand some work has been done to ensure only the "right" person will be allowed to set up a coop and so forth for chickens should this ordinance be passed, I maintain that most people involved in decision - making really don't know all the facts. This is not surprising, as even those who grew up on farms may not know the more - recent reality of so- called urban chicken - keeping, let alone what the entire lifespan of a chicken really entails. I am writing to provide this information, primarily in the way of a collective statement of animal sanctuaries. It's a two -page executive summary that can be read in a matter of minutes -- though hopefully reflected on and discussed for many more: http: / /www.upc- online.org /backyard /backyard poultry.pdf If nothing else, you should understand that just because the current draft of the ordinance excludes the keeping of roosters does not mean these male chickens will not come home to roost in Iowa City: Roosters -in- the - making will be put in the possession of any Iowa City resident who buys chicks from a hatchery; sexing of chicks is not a science. After attending the last city council meeting, I sense that those decision - makers who are currently expressing support for the pending ordinance may either feel pressed to pass such an ordinance because "other cities in Iowa are doing it" and /or because they tire of re- addressing the issue - -and are justifying their stance by saying they haven't heard of any major problems from the officials who preside over matters pertaining to backyard chickens. Now, if these cities were ones like Minneapolis, where urban chicken - keeping has been allowed in some way, shape, or form for many years, allowing for a longitudinal study of sorts -- rather than one like Ames or Des Moines or Cedar Rapids, where the trend is relatively new and has yet to gain momentum - -such check -ins with other locales would be a fine source of data. In this case, they aren't. Additionally, one really needs to confer with those "in the periphery" - -those people who take responsibility for the birds when residents abandon them. You can see what these truly responsible caregivers - -folks from across the country, running sanctuaries that serve as "overflow" homes for neglected and abandoned birds when municipal shelters are full - -have to say in the document I link to in the previous paragraph. Finally, our city animal shelter has had challenges galore over the years - -just with dogs and cats and a few other animals not falling into these categories. Though the flood is behind us, the shelter operation is still in a temporary location that was not designed to take on an onslaught of animals of a sort that are hard to catch, among other challenges. If the ordinance must be passed, why not wait till a permanent shelter is in place - -one that has arranged for the needs of incoming hens and roosters - -and council members have had the opportunity to read and listen to those who really know the needs of hens, as well as what long -term trends have revealed (namely, abandonment at already overburdened shelters, if not in parks and wooded settings) with the passing fad of urban chicken - keeping? Just last month, a new concern about lead- poisoning of children from the eating of backyard eggs came was covered in an article in the Times: htW://www.nytimes.com /2012/10/10 /dining /worries- about- lead- for - new - yorks- garden- fresh- eggs.html ?hp& r =1& Perhaps in providing hens with their need to forage, the birds are pecking at the earth near buildings with lead -paint remnants and ingesting them. There is much to consider. Do not feel you have to wrap up this discussion this calendar year because of public pressure; take the time to really understand what's at stake before you change the face of Iowa City residential living, not to mention the lives of animals whose unique needs are not well understood by the general public. Sincerely, Elizabeth Cummings 725 Bradley Street Iowa City, Iowa 52240 I� Marian Karr From: Sondy Kaska <sbkaska @yahoo.com> Sent: Monday, November 26, 2012 9:30 PM To: Council Subject: Opposition to ordinance allowing chickens in I.C. Dear Council Members, As a property owner in I.C., I am strongly opposed to the ordinance allowing chickens to be raised in I.C. There are a long list of reasons for my opposition, including that with the student and rather transient population of this city, there are certain to be a large number of abandoned chickens (hens and roosters) who will wind up at our already over- burdened animal shelter, or suffer a horrible life and painful death. The shelter is ill- equipped to provide refuge for chickens and does not need the additional burden of responding to complaints, etc. about chickens. Additionally, I do not believe many people are aware of all that it takes to properly give chickens a good home and environment. There is also the concern about attracking rodents and other animals that may be drawn to the chickens. Another great concern is about where people would get their chickens and what type of cruelty is being perpetrated by the sources of chicks. I believe that adopting such an ordinance is short - sighted, not well thought out, and merely a "sexy" issue whose time has NOT yet come. Please do NOT pass this ordinance. Thank you for your consideration. Sincerely, Sondy Kaska, Iowa City, IA 52245 Marian Karr From: Matt Krieger <mkiowa@g mail. com > Sent: Tuesday, November 27, 2012 2:41 PM To: Council Subject: Chicken Keeping Ordinance Hello, I live in the Village Green neighborhood in Iowa City and would like to state my personal support for the chicken keeping ordinance. My family continually looks for ways to make our lifestyle more environmentally sustainable including things like composting and growing our own food in a garden plot. I believe the City has done a lot to further similar goals such as the addition of the Eastside Recycling Center and support for the Salvage Barn and ReStore. The chicken keeping ordinance would further that goal of more sustainable living. My family and I would appreciate your support and your vote for the ordinance. I have also heard the ordinance could or does include a'neighbor veto'. While I believe this is a troubling addition to the ordinance language, I do believe the language developed by the City Staff noted below is acceptable and fair. Thank you for listening and I look forward to owning my own chickens and having fresh eggs for breakfast! Sincerely, Matt Krieger, 63 Wakefield Ct., Iowa City If an objection by a neighboring property owner is filed, the Police Chief, or designee, must determine whether there is a reasonable basis to deny the application. Reasonable basis means a condition specific to the site, such as drainage onto an adjacent property or to the applicant, such as a history of animal control issues (e.g., barking dogs and failure to license animals) and/or a history of property management issues (e.g., accumulation of junk and debris, tall weeds, and snow removal). Reasonable basis does not mean solely an objection to the presence of chickens. If Police Chief, or designee, grants a permit over the objection, the Police Chief, or designee, must notify the objector in writing, and the objector may submit an appeal in the same manner as set forth for denials and revocations of permits. My M Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00020) ORDINANCE NO. 12 -4501 ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 2225 MORMON TREK BOULEVARD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERICAL (CC -2). (REZ12- 00020) WHEREAS, the applicant, Terry Lockridge and Dunn World Trend Financial, has requested a rezoning of the property located at 2225 Mormon Trek Boulevard from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the Southwest District Plan future land -use map indicates the appropriate use for this area as general commercial, which is intended to provide opportunity for a large variety of commercial uses that serve a major segment of the community; and WHEREAS, the subject property is located within the West Side Park subdivision, and the West Side Park subdivision has evolved from its original plan of being a commercial and light industrial park into an area that contains residential and commercial uses; 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 CIA to CC -2: LEGAL DESCRIPTION THAT PART OF LOT 41 OF WEST SIDE PARK DESCRIBED AS AUDITOR'S PARCEL #20001069 IN SURVEY BOOK 43, PAGE 134 IN THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE 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. Passed and approved this 27th day of November , 2012. ATTEST: 0`17Y CLERK Ap oved by City Attorney's Office ��� Z Ordinance No. 12-4501 Page 2 It was moved by rh amp I on and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x X X x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 10/23/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 11/13/2012 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Date published 12/6/2012 I" .V1 W CITY OF IOWA CITY Date: November 7, 2012 To: Tom Markus, City Manager From: John Grier, Fire Marshal MEMORANDUM Re: Notable changes to the 2012 edition of the International Fire Code The fire department presents for your review, notable changes and proposed amendments to the 2012 International Fire Code (IFC). New sections, significantly revised sections and new or revised amendments are presented with a brief review of the change. Proposed amendments that were approved in the previous code adoption cycle are presented in outline form. The proposed amendments represent a compilation of fire safety best practices adopted by fire code officials in the corridor and across the state. New/Revised Sections & Amendments 101 REVISED. Organization- The 2012 version of the code was reorganized in its entirety to make it easier to use. The new organization establishes certain placeholders in the event future chapters are developed and approved. 102.7.2 NEW SECTION. Provisions in Referenced Codes and Standards — Establishes that the provisions of the fire code shall take precedence over the provisions in the referenced code or standard. 105.7.5 NEW SECTION. Emergency Responder Radio Coverage System — A construction permit is required for installation or modification to emergency responder radio coverage systems and related equipment. 106.2 NEW AMENDMENT. Plan Review — Clarifies the fire code official may utilize a qualified plans review agency when an expert opinion is warranted and that the applicant is responsible for fees associated with the additional review. 202 NEW DEFINITIONS. General Definitions — Requirements for the various types of medical or occupant care and their occupancy classifications are now based on defined terms, the number of persons, and whether persons are capable of self - preservation. 2 316.4 NEW SECTION. Obstructions on Roofs — Establishes criteria for arrangement of roof obstructions so emergency workers are not accidentally injured by their presence. 317 NEW SECTION. Roof Gardens and Landscaped Roofs — The requirements in this section limit the area of roof gardens, require the use of roof assemblies designed for severe fire exposure, and provide for the maintenance of vegetation to reduce fire risk. 503.4.1 NEW SECTION. Traffic Calming Devices — Prohibits the installation of traffic calming devices without the approval of the fire code official. 506.1 NEW SECTION. Non - Standardized Fire Service Elevator Keys — Establishes installation requirements for key boxes provided for fire service elevator keys. 507.5.1.1 NEW AMENDMENT. Hydrant for Fire Sprinkler and Standpipe Systems — Requires water supply for systems to be located not more than 100 feet from a hydrant. This amendment was previously found in Section 912. 508.1.5 REVISED SECTION. Required Features — Supplemental documentation for use by firefighters and emergency responders is now required in buildings that require a fire command center. 510 REVISED SECTION. Emergency Responder Radio Coverage — New requirements now address the signal coverage of public safety radio systems in new buildings, system design, qualifications of design personnel, and system maintenance. 604.5 NEW SECTION. Emergency Lighting Equipment — Establishes requirements for monthly and annual activation testing of emergency lighting equipment. 605.11 NEW SECTION. Solar Photovoltaic Power Systems — Establishes requirements for the installation of solar power systems on building roofs. 610 NEW SECTION. Commercial Kitchen Cooking Oil Storage — Many restaurants are now recycling and reusing cooking oil to reduce disposal costs. The requirements address the indoor and outdoor storage of cooking oils. 901.4.6 NEW SECTION. Pump and Riser Room Size — Establishes new requirements to ensure rooms housing fire protection system risers or fire pumps and their components have adequate space to facilitate their maintenance. 901.9 NEW SECTION. Discontinuation or Change of Service — Requires the business providing the fire protection monitoring service to provide written notification to the fire code official upon termination of monitoring services. 907.1.4 NEW AMENDMENTS. Fire Alarm Control Panels and Fire Alarm Annunciator Panels — Outlines requirements regarding the number, type, security features and mounting restrictions of fire alarm control and annunciator panels. 907.6.5 REVISED AMENDMENT. Monitoring — Supervisory alarm conditions are no longer required to be reported to the Emergency Communications Center. 908.7 NEW SECTION. Carbon Monoxide Alarms — Carbon monoxide alarms are now required in Group R and I occupancies with fuel - burning appliances or attached garages in new and existing buildings. 1005.1 REVISED SECTION. Minimum Required Egress Width — The allowance for a reduction in the minimum required calculated means of egress width due to the presence of an automatic sprinkler system has been reestablished. 1011.2 NEW SECTION. Floor —Level Exit Signs in Group R -I — Low -level exit signs must be provided in the egress system serving guest rooms. 3208.3.1 NEW SECTION. Flue Space Protection — The installation of approved devices designed to protect rack storage flue spaces from obstruction can be prescribed by the fire code official. 6104.3.1 NEW SECTION. Installation on Roof Prohibited — The installation of a stationary LP- gas container on the roof of a building is not allowed. 6109.15 NEW SECTION. LP -Gas Cylinder Exchange for Resale — Requires all cylinder exchange cabinets, regardless of whether they are manual or automatic, to be designed so that the cabinet naturally ventilates the stored cylinders and is equipped with a means of securing cylinders from tampering. Previously Approved Amendments The following proposed amendments were presented and adopted during the 2009 fire code adoption process (December 9, 2009). The amendment language remains consistent for the 2012 IFC; however, some section numbers have been updated to correlate to the reorganization of the code chapters. 101.1 Insert: Iowa City, Iowa 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50- 298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. B. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100 -298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest 4 to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire /police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. 108 Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1 -4 -21). Each day that a violation continues after due notice has been served shall be deemed a separate offense. 111.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authorized representative. 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications Center. 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 for additional rules and regulations. 202 Delete the existing R -4 definition and substitute the following: R -4 Residential occupancies shall include buildings arranged for occupancy as residential care /assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R -4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R -3, except as otherwise provided for in that code. 307 See also 6 -6 of this Code. 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. 315.3 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100 -199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exceptions: Group R -3 and unsecured R -2 occupancies. 507.5.1 Delete exceptions 1 & 2. 510.1 Delete exception 1. 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, I -1, I -2, I -3, I -4, M, R- 1, and R -4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1. 807.4.3.1 Delete exceptions 1 & 2. 807.4.4.1 Delete exceptions 1 & 2. 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existin Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following conditions exists: 1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in B 1 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. 903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupancy and the level of exit discharge. 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility and all floors between the ambulatory care facility and the level of exit discharge serving such a facility. 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. 906.1 Delete the exception without substitution. 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -B C. 907.2 Delete the section and replace with: Where required —new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot - candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. 907.2.3 Modify by adding a 4th exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. 907.2.9.1 Delete exception 2 without substitution. 9 907.2.11.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R -2, R -4 and I -1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. 907.2.13.2 Delete the section without substitution. 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. 907.6.3 Modify by deleting the exception and inserting in lieu thereof. Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. 907.6.5 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved manner. 910.1 Delete exception 2 without substitution. 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1. 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 '/2" National Standard Thread. 1028.2 Add the following exception: EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that accommodates not less than two- thirds of the total occupant load. 1029.1 Modify by deleting exceptions 1 and 3. 3206.7 Modify by deleting footnote "J" from TABLE 3206.2. 10 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. 5601.1.3 Delete exception 4 and insert in lieu thereof. The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. 5704.2.11.2 Add a #4 to the end of the section to read as follows: 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards. Existing above- ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. 5705.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group -E occupancies. 5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief. 5706.2.4.4. The storage of Class I and Class II liquids in above - ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief. 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 and /or as approved by the Fire Chief. 2012 International Fire Code Errata (Portions of text and tables not shown are unaffected by the errata) 13' PRINTING (8- 30 -12) CHAPTER 9 FIRE PROTECTION SYSTEMS 903.3.1 Standards. Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1; unless otherwise permitted by Sections 903.3.1.2 of and 903.3.1.3 and other chapters of this code, as applicable. 907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in Group A occupancies where the occupant load due to the assembly occupancy is 300 or more. Group A occupancies not separated from one another in accordance with Section 797:39 707.3.10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of Group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the Group E occupancy. Exception: Manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 and the occupant notification appliances will activate throughout the notification zones upon sprinkler water flow. 907.2.6.2 Group 1 -2. An automatic smoke detection system shall be installed in corridors in nursing homes, long -term care facilities, detoxification facilities and spaces permitted to be open to the corridors by Section 407.2 of the Intemational Building Code. The system shall be activated in accordance with Section 997-5 907.4. Hospitals shall be equipped with smoke detection as required in Section 407 of the Intemational Building Code. Exceptions: (1 and 2 — No change) 907.4.2 Manual fire alarm boxes. Where a manual fire alarm system is required by another section of this code, it shall be activated by fire alarm boxes installed in accordance with Sections 907.4.2.1 through 907.4.2.5 907.4.2.6. 909.5.2 Opening protection. Openings in smoke barriers shall be protected by automatic - closing devices actuated by the required controls for the mechanical smoke control system. Door openings shall be protected by, fire door assemblies complying with Section 716.5.3 of the Intemational Building Code. Exceptions: 1. Passive smoke control systems with automatic - closing devices actuated by spot -type smoke detectors listed for releasing service installed in accordance with Section 997-19 907.3 . 2. through 5. (No change) TABLE 910.3 REQUIREMENTS FOR DRAFT CURTAINS AND SMOKE AND HEAT VENTSa (No changes to body of table) a. Additional requirements for rack storage heights in excess of those indicated shall be in accordance with Chapter 23 32. For solid -piled storage heights in excess of those indicated, an approved engineered design shall be used. b. through d. (No changes) 2012 International Code Council- Chapter 9 -First Printing 2012 INTERNATIONAL FIRE CODE ERRATA 18t PRINTING (Updated June 6, 2011) CHAPTER 9 FIRE PROTECTION SYSTEMS 901.4.3 Fire areas. Where buildings, or portions thereof, are divided into fire areas so as not to exceed the limits established for requiring a fire protection system in accordance with this chapter, such fire areas shall be separated by fire barriers constructed in accordance with Section 707 of the International Building Code or horizontal assemblies constructed in accordance with Section 711 of the International Building Code, or both, having a fire- resistance rating of not less than that determined in accordance with Section X7.39 707.3.10 of the International Building Code. Insert.in i6ection 910.3:' 91,0.3.1 Dei'll _smoke and heat vents shall,be lister! and labeled to indicate compliance with UL' 793. Exception: Gravity - operated drop -out vents complying with Section 910.3'.11. c� _ r Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 6240 n ORDINANCE NO. - -, t AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND .�,,�O'TEC;IONJ AM ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO iQ- UL�I E GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE ,�,... t� ExpaL.OSI HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOL SUBUANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROFeRTY IN THE OCCUPANCY OF UILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE O ERMITS. NOW, THEREFORE, IT ORDAINED BY THE CITY CIUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Section 1, entitled, "Fir Code Adopted," is hereby d eted and the following new Section 1 is inserted in lieu thereof: That a certain document, one ( copy of which is on file n the office of the City Clerk of the City of Iowa City, being marked and designat d as the International re Code, 2012 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, and I as published y the International Code Council, be and is hereby adopted as the Fire Code of the ity of Iowa City, i the State of Iowa regulating and governing the safeguarding of life and property from a and explosi n hazards arising from the storage, handling and use of hazardous substances, materia and devic s, and from conditions hazardous to life or property in the occupancy of buildings and pr ises as herein provided, providing for the issuance of permits and each, and all of the regulations, pro ions, enalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby ref red , adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, d letions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire 1 Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa " 4 deleted in its entirety and the following new Section 102.1 Modify by adding a fifth applic bility requirement the end as follows: 5. A. A. A -2 Occupancies that exist/ylegal t August 1, 2007 wit an occupant load of 50 -298 located on a floor other than the level of exit dand with an ABDL shdq comply with Section 903.2.1.2 by July 1, 2013. '\, B. B Occupancies that existed prigust 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comSection 903.2.1.2 by July 1, ,013. C. All A -2 Occupancies that existe August 1, 2007 with an occ' ant load of 100 -298 with an ABDL shall comply with Section 903.2.vided that there is a change in usiness ownership, defined as the sale, transfer, or assignment ogal or equitable ownership inter st, except that the owner may show to the building official's san that said change in ownershi is one of form and not substance. Section 104.1.1 Add a new se ion to read as follows: The code official and'.members of the fire prevention bureau shall have the p wers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire /police investigators upon being certified'tby the Iowa Law Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Ordinance No. Page 2 a C) N Section 104.12 Add a new section to read as follows: The code official is aalAzed:t ord r an operation or use stopped or the evacuation of any premises, building, or vehicle or pq n thereof Wqh has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows;.�pplicaon for an operational permit shall be submitted with all required information not less than 14 days prior the event requiring a permit. j Section 106.2 Add sentence to the end of the section to read as follows: he fire code official at the official's sole discretion ay send plans to a qualified agency for review. he fire code official shall designate the plans revi agency. The applicant shall pay all fees asso sated with the plan review, directly to the outside agen . Section 108. Delete in its eNirety and insert in lieu thereof: See Title 17/Chapter 12 of this Code. Section 109.4 Delete the sectiN and replace with: Persons who shat violate a provision of this code or shall fail to comply with any of t requirements thereof or who shal erect, install, alter, repair or do work in violation of the approved co struction documents or directiv of the fire code official, or of a permit or certificate used under prove 'ons of this code, shall be g ilty of a simple misdemeanor or municipal infraction, as prescribed in 1- -2D. Each day that a viola ion continues after due notice has been served shall be deemed a separate ense. Section 111.4 Delete the section and re ace with: No person/shall continue any work after having been served with a stop work order, except s h work as that peon is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as Ilows: COD OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authori ed repres ntative. Section 202 Add anew definition to read as follo s: E ERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications a er. Section 202 Add a sentence to the end of FIRE LAN definition to read as follows: See City Code 9- 4-13 for additional rules and regulations. Section 202 Delete the existing R -4 definition and st bstitute the following: R-4 Residential occupancies shall include buildings arranged for oc pancy a� residential care /assisted living facilities including more than five but not more than 16 occup ts, excludi staff. Group R -4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R -3, xcept as othe !se provided for in that code. Section 307 See also 6 -6 of this Code. Section 307.1.1 Delete the section and re ace with: Prohibited bur�ing. Burning that is offensive or objectionable because of smoke or odor ems ions or when atmospheric conditions or local circumstances make such fires hazardous s all be prohibited. Section 307.1.2 Add a new section to ead as follows: Hours of operate n. A person shall not maintain any outdoor burning from 11 P7. to 7 a.m. unless permitted and a proved by the fire code official. Section 307.3 Delete the sectiory'and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Ordinance No. Page 3 Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as appro,ied by the fire code official, does not 7 require the immediate total evacuation of the building. Section 402.1 Ad new definition to read as follows: CRO D MANAGEMENT. Crowd management meshes th design features of a facility, the esta fished operating features of that facility, and an understanding of occupants' expected natural beh vior in that facility for a specific type of event. Section 403.4 Add anew se ion to read as follows: A Occupancy Crowd Managers. Group A -2 occupancies shall be provided wit minimum of one (1) ained crowd manager anytime occupancy reaches 50 or more. Where the occ ant load exceeds 50, additional trained crowd managers shall be provided at a ratio of one (1) crowd m ager for every 2 0 occupants. The crowd manager shall annually receive training approved by the fire co official in cro d management techniques. Section 405.2 Add to the end of th section fis follows: Fire and evacuation drills in Group E occupancies shall be conducted in accords ce witp Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororitiek shap be conducted once per academic semester. Section 503.2.9 Add a new section to read be constructed of Portland cement concrete c r= nsportation C -3 or M -3 mixes. The concre compacted soil. Section 505.1 Delete the section and address numbers, building numbers or ar legible and visible from the street or road Dws: Thickness. Fire apparatus access roads shall ing to the specifications of the Iowa Department of :ss road shall be a minimum of 7 inches thick over e with: New and existing buildings shall have approved buildin identification placed in a position that is plainly g the pr erty. These numbers shall contrast with their background. Address numbers shall be rabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimu stroke width of inch. From 100 -199 ft from the street the number shall be a minimum of 6 inches igh with a minimum troke of 0.5 inches. From 200 -299 ft from the street the number shall be a minimu of 8 inches high with minimum stroke of 0.5 inches. For each additional 100 ft from the street, th number shall increas by an additional 2 inches in height. Measurements to determine the mini um number size shall be easured from the approved address location to the center line of the stre for which the premises is a dressed. Where access is by means of a private road and the building c not be viewed from the public ay, a monument, pole or other sign or means shall be used to identify t e structure. Section 506.1 Add a sentenc to the end of the section to read as f Ilows: An approved key box shall be installed in an approved loca on on all new construction. Exceptions: Group /ete unsecured R -2 occupancies. Section 507.5.1 Deptions 1 & 2. Section 507.5.1.1 he section and replace wi th: Hydrant for fire sprin and �tand iR systems. A fire hydran located not more than 100 feet from a fire sprinkler c�sfi�ndlaipe sy w connection and on the'same side of the fire department access as the connection or— bye the code official. rn EMT T Section 510.1 Delete exception 1. tv co Ordinance No. Page 4 Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design h ve no external surfaces that reach temperatures capable of igniting materials placed against the surfac . Section 804.5 Add a n\retardant. to read as follows: Mainte ance. The interior finish of buildings shall be maintained in accith the conditions of origina approval. Any change to the interior finish that is regulated by tns of this code or the buil ing code shall be made in accordance with all applicable requirem Section 806.1 Add a sth end of the section t read as follows: Natural or resin - bearing cut trees and natural decoratio used in buildings pen to the general public shall be properly treated with an approved flant. Section 806.1.1 Delete the section and rep ce with be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1-4, M, -1, a Exception: Trees located in areas protected b an accordance with Section 903.3.1.1 or 903.3.1.2 shall t Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 2. N estricted occupancies. Natural cuilrees shall d R -4 occupancies. D q approved automatic sprinkle"nmlerrfii stalled be prohibited in Groups A, B,- ,M a4R -1. -- s --,E„ n Section 901.2 (a) Add a new sectio/nea as follows: \the sed fire protection system. Working plans submitted to the fire departmenr based fiion systems shall be stamped and approved by a qualified person to be nce with aNFPA standards and the Iowa City Fire Code. Any changes to the working all be appro qualified person. A qualified person shall have a minimum National Institutification in ring Technologies [NICET] Level III certification for Automatic Sprinkler Sout OR be ed engineer with experience in life safety system design. Other qualificatio approved de official. Section 901.2 (b) Add a new se ion to r ead as follows: Fire alarm systems. Working plans submitted to the fire department by a qualifi ce person for fire alarm systems sh I be stamped and approved by a qualified person to be in compli with applicable NFPA standards d the Iowa City Fire Code. Any changes to the working plans hall be approved by a qualified person. qualified person shall have a minimum National Institute f Certification in Engineering Technologies [ ICET] Level III certification for Fire Alarm Systems OR a licensed engineer with experience in lif safety system design. Other qualifications may be ap oved by the code official. 1 Section 903.1.2,ddd a new section to read as follows: Water supply.safe y margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety m rgin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Ordinance No. Page 5 B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following conditions exists: 1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A -2 Oc upancies with occupant load of 100 or more that have an ABDL and are not regulated in B1 or 2 above, provided: There is a cha a in business ownership, defined as the sale, tr nn fer, or assignment of any legal or equitable ownership interest, except that the owner may s ow to the building official's satisfaction that sai change in ownership is one of form and not su tance. Section 903.2.1.6 Add a w Section to read as follows: An auto atic sprinkler system shall be provided throughout buildings a portions thereof used as new Group occupancies with an ABDL or existing group B occupancy with a ew (not a renewal) ABDL located o a floor other than the level of exit discharge. The automatic sprinkle system shall be provided throuqAout the floor area where the new Group B occupancy with an ABDL or here the group B occupancy ith a new ABDL is located and in all floors between the Group B occupancyN@nd the level of exit dischar e. Section 903.2.2 Delete the section an, replace with: Ambulat ry care facilities. An automatic sprinkler system shall be installed throughout all iN areas containing fin ambulatory care facility and all floors between the ambulatory care facility and thel@vel of exit disch rge serving such a facility. Section 903.4.2 Delete the section and repla a with: rms. An approved weatherproof horn /strobe device shall be mounted directly above the fire part nt connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm d ice shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size ' stalled in the system. Approved and supervised audible visual notification appliances shall be instal on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as Ilows: nes. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or FPA 13R a d shall provide a sprinkler control valve and waterflow device for each normally occupied/ floor. The to ation of sprinkler control valves must be approved by the fire code official. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to thy€ end of the section to read * follows: The minimum rating of any required portable fire extinguisher for ¢'lass A, Class B, or Class C hard shall be 2 -A, 10 -B C. Section 907.1.4 Add a news tion to read as follows: Fire alar control panels and Fire alarm annunciator panels. Installation f fire alarm control panels and fire ala annunciator panels shall be installed in accordance with sec ' n 907.1.4.1 through 907.1.4.5. Section 907.1./alted ew section to read as follows: Fire Alarm Pan I Height: Installatic� of fire alarm panels shall 6 feet in height measured from the floor to the p of thganel. ception: Panel height may y the code official. =Section 907.1.ne w section to read as follows: Number of Fire armor troE 'Ranels -iw Buildings: Only on alarm control panel shall be allowed per building and sha i$i k ifl`the arar�"°�fr until the system i reset and shall not be canceled by the operation of an audible — alr'len *g sv. This control panoshall only receive alarm signals from fire protection equipment.xM ° ! O �� .-0 Ordinance No. Page 6 Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire /security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annun iator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels,shall meet the requirements of Sections 907.1. and 907.2. Section 907.2 Delete the sec ' n and replace with: Where required —ne buildings and structures. An approved and addressable fire arm system installed in accordance with a provisions of this code and NFPA 72 shall be provided in ne \an s and structures in accordanc with Sections 907.2.1 through 907.2.23 and provide occupant n in accordance with 907.5 unless other requirements are provided by another section of thi A minimum of one manual firx shall be provided in an pproved location to initiate a f ire alarm signal for fire alarm systeing automatic fire detect rs or water -flow detection devices. Where other sections of this colimination of fire alarm xes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box ir for fire alarm sys ems dedicated to elevator recall control and supervisory service. Section 907.2.1 Delete the exception in Secti 907.2.1 following exceptions: EXCEPTION: 1) Except for Group A -2 occupancies with occupa are not required where the building is equipped and the alarm notification appliances will activa 2) Group A -2. An automatic /manual fire alarm sy with occupant loads of 200 or more. Activation a. Illumination of the protected premises the room at a height of 30 inches ab b. All conflicting or confusing sounds d Section 907.2.3 Modify by adding a senten New and existing educational occupancies sha Section 907.2.3 Modify by adding a 4tn 4. Day care occupancies classified as Groi unless required elsewhere in the code. its entirety and insert in lieu thereof the to ds of 200 or more, manual fire alarm boxes t ughout with an automatic sprinkler system to on sprinkler water flow. s m all be installed in Group A -2 occupancies f the re alarm shall additionally cause: I not le than 10 foot - candles over the area of e the floor, and visual distr ction to automatically stop. the end of the fir paragraph as follows: e a monitored firel@larm system. sption as follows: Occupancy shall not requike a monitored fire alarm system Section 907.2.9.1 Delete exception ;'without substitution. Section 907.2.11.2 Modify by a ding a fourth location requirement as follow 4) Supervised smoke alarms sh be installed in all common corridors and at tPiv top and bwtom of all stairway enclosures in Group -2, R -4 and 1 -1 occupancies. In corridors, detects shale located within fifteen (15) feet of th end of the corridor and in such a way that one detectgosloca#od for -each thirty (30) feet of corridor Ie ngth or spaced as allowed by the code.''-= -�`"�] Section 907.2.13.2 (Delete the section without substitution. w ko Ordinance No. Page 7 Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or annunciator p els shall have all zones and address points plainly and permanently labeled as to their location on the ou ide of the panel or on an easily readable map of a building. Section 907.6.5 Add t the end of the section as follows: Each ,/s ss point identification shall have an alpha /numeric descripto location. Alpha /numeric descriptor locatio s are required to be reported to the Emergency Communicati s Center upon activation of alarm con itions as specified by the fire code official. Supervisory alarm con itions are required to be reported to a fire code official by an approved manner. Section 910.1 Delete exception Nwithout substitution. Section 910.3.2.2 Delete section nd replace with: rinklered buildings. Where installed in buildings provided with an approved auto atic sprinkler syst , smoke and heat vents shall be designed to operate automatically by actuation of Vtheprinkl nsi device rated at least 100 degrees F (38 degrees C) above the operating temperatunkl Exception: Gravity- operated drop - ying wi th Section 910.3.2.1. Section 910.4.3 Delete section and repleration. Mechanical smoke exhaust fans shall be automatically activated by heat detectors hing characteristics equivalent to those described in Section 910.3.2. Individual manual controlunit shall also be provided. Section 912.7 Add a section to read as follow : Size. Minimum fire department connection size shall be 2'/z" National Standard Thread. Section 1028.2 Add the following excepti EXCEPTION: The main entrance /exit of -2 occupancies s II be of a width that �Somm0gates not less than two- thirds of the total occupant to d. »tom = Section 1029.1 Modify by deleting a ceptions 1 and 3. Section 3206.7 Modify by deletin footnote "J" from TABLE 3206. ° +01: Section 5003.5 Add a sentenc to the end of the section to read a follows: Sigi shall rAo c y with the requirements of the Iowa ight to Know law. w k"D Section 5601.1.3 Delete xception 4 and insert in lieu thereof: Th possession, storage, sale, handling and use of gold st producing sparklers on wires which contain n magnesium or chlorate or Perchlorate, flitter sparkler in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain n ercury or caps used in cap pistols. Section 5704,P Add a sentence to the end of the section to read as follows: For aboveground storage tanks o 76 gallons capacity or more, the minimum distance between such aboveground tanks and any Resi ntial Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved va It, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.2 Add a #4 to the end of the section to read as follows: Ordinance No. Page 8 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards. Existing above - ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 5705.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group -E occupancies. 3. Section 3. That the geographic limits referred to in /ireChiief. ections of the 2012 International Fire Code are hereby establishe as follows: Section 5704.2.9.6.1. The storage of Class I and Clasds in above - ground tanks outside of buildings is prohibited in the ent a City of Iowa City, Iowa. Exception: Zones 11 &2, CI 1 nd /or as approved by the Section 5706.2.4.4. The stora of Class I and Class I liquids in above - ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and/ as approved by he Fire Chief. Section 6104.2. The storage of liqu ied petrole. gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, CI 1 and /or as prove by the Fire Chief. SECTION 11. REPEALER. All ordinances a d arts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any sectio , pr vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication s II not ffect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged nvalid or nconstitutional. SECTION IV. EFFECTIVE DATE. This rdinance sha be in full force and effect January 1, 2013, after final passage, approval and publication, as rovided by law. Passed and approved this day of 2012. Q n`' MAYOR ATTEST: CITY CLERK w Approved by: 31-10V City Attorney's Office 2012 International Fire Code Errata (Portions of text and tables not shown are unaffected by the errata) 1st PRINTING (8- 30 -12) CHAPTER 9 FIRE PROTECTION SYSTEMS 903.3.1 Standards. Sprinkler systems shall be designed and installed i accordance with Section 903.3.1.1; unless P 9 otherwise permitted by Section 03.3.1.2 eF and 903.3.1.3 and other qhapters of this code, as applicable. 907.2.1 Group A. A manual fire alar system that activates the occu nt notification system in accordance with Section 907.5 shall be installed in Group A occ ancies where the occupant I ad due to the assembly occupancy is 300 or more. Group A occupancies not separated from ne another in accordance/with Section 9 707.3.10 of the International Building Code shall be considered as a sin occupancy for the pur oses of applying this section. Portions of Group E occupancies occupied for assembly purpose hall be provided wit a fire alarm system as required for the Group E occupancy. Exception: Manual fire alarm boxes are Nt required wh re the building is equipped throughout with an automatic sprinkler system installed in acc dance with section 903.3.1.1 and the occupant notification appliances will activate throughout the notifi tion zonelt upon sprinkler water flow. 907.2.6.2 Group 1 -2. An automatic smoke detection sy em s all be installed in corridors in nursing homes, long -term care facilities, detoxification facilities and spaces permitt d t lb open to the corridors by Section 407.2 of the Intemational Building Code. The system shall be activate i accordance with Section 99�a 907.4. Hospitals shall be equipped with smoke detection as required in Section 407 f the International Building Code. Exceptions: (1 and 2 — No change) 907.4.2 Manual fire alarm boxes. Where a manual fir alarm s stem is required by another section of this code, it shall be activated by fire alarm boxes installed in accordanc with S qns 907.4.2.1 through 907.4:2.5 907.4.2.6. 909.5.2 Opening protection. Openings in smoke baftiers shall be 0 the required controls for the mechanical smoke con of system. Door complying with Section 716.5.3 of the International)iBuilding Code. Exceptions: 1. Passive smoke control systems with/automatic-closing devices for releasing service installed in acco ance with Section 908 ! 2. through 5. (No change) by automatic - closing devices actuated by s shall be protected by fire door assemblies by spot -type smoke detectors listed TABLE 910.3 REQUIREMENTS R DRAFT CURTAINS AND SMOKE [ (No changes to body of table) a. Additional requirements for rack storage heights in excess of those indicated shall 32. For solid -piled storage height in excess of those indicated, an approved engine( b. through d. (No changes) / 2012 International Code Council- Chapter 9 -First Printing HEAT VENTSa in accordWce wiWChapter 23 1 design §Rall be mod. LTA � 2012 INTERNATIONAL FIRE CODE ERRATA 1st PRINTING (Updated June 6, 2011) CHAPTER 9 FIRE PROTECTION SYSTEMS 901.4.3 Fire areas. Where bpildings, or portions thereof, are dividd into Tith ' areas so as not to exceed the limits established for requiring a fire protection system in accordlance this chapter, such fire areas shall be separated by fire ba rs constructed in accordance with Section 7 of the International Building Code or horizontal ass blies constructed in accordance with Section 711 of the Intemational Building Code, or both, having a e- resistance rating of not less ,than that determined in accordance with Section 707.3.9 707.3.10 of the In mational Building Code. r" insert in Section 910:3:' L 910.301. Design. Smoke and heat vents s all be listed and labeled to indicate compliance with UL 793. 910.3.2: Vent operation. Smoke and heat v is shall be capable of 'tieing operated by approved automatic and manual means. Automatic ope tion of smoke a7,:Ihpat vents shall conform to the provisions of.Sections 910.3:2.1 through 9103: .3. 910.3.2:1 Gravity- operated drop -ou.t vents. Auto 'atic s ke and heat vents containing,, heat- sensitive . glazing designed to shrink and drop out of the vent epi g when exposed. to fire shall fully open;within 5 minutes afterthe vent cavity is exposed to a simulate , e, represented by;atcme- temperature gradient Exception: �1 IGJ. ! sic 1111 11 j._ ............. _........... . ... _.......... .. wed automatic in. approved cation of a heat - IV6, QI I IVIGI:IL.' ........................... . ion 910.3.2.1. an I.Q. square feet (1.5 m2) with a total width not exceeding 6' t N rn t -;` P Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED Bl( THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2012 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, and I as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling . and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50 -298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. B. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100 -298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Ordinance No. Page 2 Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1 -4 -2D. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chiefs authorized representative. Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications Center. Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 for additional rules and regulations. Section 202 Delete the existing R4 definition and substitute the following: R -4 Residential occupancies shall include buildings arranged for occupancy as residential care /assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R -3, except as otherwise provided for in that code. Section 307 See also 6 -6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Ordinance No. Page 3 Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100 -199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exceptions: Group R -3 and unsecured R -2 occupancies. Section 507.5.1 Delete exceptions 1 & 2. Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system connection and on the same side of the fire department access as the connection or as approved by the code official. Section 510.1 Delete exception 1. Ordinance No. Page 4 Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1-4, M, R -1, and R -4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Ordinance No. Page 5 B. Existing Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following conditions exists: 1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in 131 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one.of form and not substance. Section 903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility and all floors between the ambulatory care facility and the level of exit discharge serving such a facility. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn /strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible — alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Ordinance No. Page 6 Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire /security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required —new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate'upon sprinkler water flow. 2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot - candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 41h exception as follows: . 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R -2, R-4 and 1 -1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Ordinance No. Page 7 Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.5 Add to the end of the section as follows: Each address point identification shall have an alpha /numeric descriptor location. Alpha /numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved manner. Section 910.1 Delete exception 2 without substitution. Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1. Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 %2" National Standard Thread. Section 1028.2 Add the following exception: EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that accommodates not less than two- thirds of the total occupant load. Section 1029.1 Modify by deleting exceptions 1 and 3. Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the lowa.Right to Know law. Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.2 Add a #4 to the end of the section to read as follows: Ordinance No. Page 8 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards. Existing above - ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 5705.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group -E occupancies. 3. Section 3. That the geographic limits referred to in certain sections of the 2012 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above - ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, Cl 1 and /or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class 1 and Class II liquids in above - ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and /or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, Cl 1 and /or as approved by the Fire Chief. 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 full force and effect January 1, 2013, after final passage, approval and publication, as provided by law. Passed and approved this day of 12012. MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/27/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL" AND TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 6, ENTITLED "CITY PLAZA," AND CHAPTER 9, ENTITLED "PARKS AND RECREATION REGULATIONS," TO ALLOW DOGS IN CITY PLAZA, TO PROHIBIT ANIMALS IN SIDEWALK CAFES, AND TO ALLOW DOGS TO BE OFF LEASH IN ALL DOG PARKS. WHEREAS, the Iowa City Downtown District has requested that dogs be allowed on City Plaza with certain restrictions; WHEREAS, City Code section 84-6F prohibits animals in buildings serving foot but not in sidewalk cafes or outdoor service areas; WHEREAS, City Code section 10 -9 -21) allows a dog to be off -leash in Thornberry Off -Leash Dog Park, but the Code has not been amended to include the City's second dog park, Rita's Ranch Dog Park; and WHEREAS, it is in the best interest of the City to allow dogs on City Plaza with certain restrictions, to prohibit animals from being in sidewalk cafes and outdoor services areas, and to allow dogs to be off leash in all dog parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled "Prohibitions and Requirements," Subsection D, entitled "Animals at Large Prohibited," Paragraph 1d is hereby amended by deleting it in its entirety and substituting the following new Paragraph 1d: It is a dog in a City dog park that has been issued a use permit. 2. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 6, entitled "Prohibitions and Requirements," Subsection F, entitled "in Food Establishments," is hereby amended by deleting it in its entirety and substituting the following new Subsection F: In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store, restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared or dispensed to humans other than the owners thereof, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. 3. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 6, entitled "Animals Restricted," is amended by deleting Section 6 in its entirety and substituting the following new Section 6: No person shall take, accompany or allow any animal into City Plaza with the following exceptions: a) an animal permitted in section 84-12 of this code; b) an animal trained to assist persons with disabilities; c) an animal securely confined within an animal carrier, kennel, cage, or crate and does not create a public nuisance; or d) a dog restrained with a leash no greater than six feet (6') in length and not: (1) within 15 feet of the concrete border of the playground equipment located south of the public library; (2) in a limestone planter; (3) tethered or tied to any object on public or private property; or (4) in a sidewalk cafe. 4. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," Subsection D, entitled "Animals," Paragraph 3 is hereby amended by deleting Paragraph 3 in its entirety and substituting the following new Paragraph 3: This provision shall not apply to: a) an animal trained to assist persons with disabilities; b) a person issued a permit as authorized in section 84-12 of this code; or c) a dog in a City dog park that has been issued a use permit. 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 day of , 2012. LYMMLOW ATTEST: CITY CLERK City Attorney's Office 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 11/13/2012 Voteforpassage: AYES: Mims, Payne, Throgmor ton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 11/27/2012 Vote for passage: AYES: Payne, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: Throgmorton. ABSENT: None. Date published O� Marian Karr From: Marian Karr Sent: Wednesday, November 14, 2012 12:35 PM To: 'jdswett @aol.com' Subject: RE: Online Contact Form Submission Thank you for your comments. I will distribute this information to Council at their November 27 meeting when they will be considering the ordinance. Marian K. Karr City Clerk - - - -- Original Message---- - From: jdswett @aol.com [mailto:jdswett @aol.com] Sent: Wednesday, November 14, 2012 12:04 PM To: *Contact Subject: Online Contact Form Submission From: Keene Swett Email: jdswett @aol.com Dogs on Ped Mall.... BAD IDEA! - email sent from 173.28.213.0 Marian Karr From: bonnierl @aol.com Sent: Friday, November 16, 2012 10:34 AM To: Council; info @downtowniowacity.com Subject: Oppose dogs on Ped Mall Dear Councilors and Downtown Association: The more I imagine the Ped Mall with dogs the more revolting I find it. Even on a leash they will still behave like dogs. Sniffing or lunging at diners eating in outdoor cafes and on benches. Barking at children in the play area. Tripping seniors out for a stroll. Growling at one another. Then there is the waste issue. And you cannot control for breed. It won't just be Yorkies from the Mowen Tower. It will be students with ill trained pit bulls and jumping friendly labs. Perhaps give the high rise folks a narrow path to walk their dogs to an open street. Let the rest of us enjoy downtown. Please think this issue through. Bonnie Love and Wayne Bowman, Iowa City permanent residents �z LE Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 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, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES, AND SECTION 5, SOLID WASTE DISPOSAL, TO INCREASE THE DEPOSIT FOR UTILITY ACCOUNTS AND RAISE RECONNECTION AND CARDING FEES TO REFLECT ACTUAL COSTS INCURRED BY THE CITY; AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED, TO HOLD DEPOSITS UNTIL ACCOUNTS ARE CLOSED; AND AMENDING TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, TO ENSURE THE IMPOSITION OF LIENS CONFORMS TO STATE CODE; WHEREAS, the City has previously held some protection from loss upon tenant defaults by the City's opportunity to lien the property in question for most services provided; and WHEREAS, legislative changes to the State Code now result in greater difficulty for the City in liening for any such charges; and WHEREAS, as a result of said legislative change, the City now requires greater protection through utility deposits, which have remained unchanged since 1997; and WHEREAS, residential tenant accounts average $59.92 per month, and staff has historically aimed to set deposits at two months typical use; and WHEREAS, staff believes that raising the deposit for rental accounts from $80 to $120, and holding the deposits until the accounts are closed and paid in full will offer some protection against losses; and WHEREAS, staff wishes to raise the fee for reconnection of disconnected service, and the posting fee for shutting off water, in order to recoup actual costs incurred by the City to do so. 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 3, POTABLE WATER USE AND SERVICE is hereby amended by changing the Deposit and delinquency fee for combined city water and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant accounts" from "80.00" to "120.00 "; and for "Commercial account ", deleting the language and replacing it with the following: An amount equal to an average 2 month billing for commercial service for city water and /or sanitary sewer service, or $120.00, whichever is greater. And is further amended by changing the "Reconnection of discontinued service" fee from "$35.00" to "$45.00" for the "Fee During Normal Working Hours ", and from "$70.00" to "$80.00" for the "Additional Service Fee After Normal Working Hours ", and by changing the "Posting fee for shutting off water in collection procedure" from "35.00" to 145.00" for the "Fee During Normal Working Hours ". TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 4, WASTEWATER TREATMENT WORKS USER CHARGES is hereby amended by changing the "Deposit and delinquency fee for combined city water and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per combined residential service for city water and /or sanitary sewer and /or solid waste collection service" from "80.00" to "120.00 ". TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL is hereby amended by changing the "Deposit and delinquency fee combined for city water and /or sanitary sewer and /or solid waste collection accounts" for "Residential tenant account, per combined residential service for city water and /or sanitary sewer and /or solid waste collection service" from "80.00" to "120.00 ". TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 5, ESTABLISHING CITY UTILITY ACCOUNTS; DEPOSITS REQUIRED is hereby amended by.deleting paragraph "B." in its entirety and replacing it as follows: B. Required deposits shall be held until service is terminated and the account closed. At such time, the amount of the deposit shall be credited to the account or refunded to the account holder if the account is closed and paid in full. TITLE 16, PUBLIC WORKS, CHAPTER 3A, CITY UTILITIES — GENERAL PROVISIONS, SECTION 6, BILLING AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS, paragraph B.(2) is amended by deleting it in its entirety and replacing it as follows: 2. For residential rental properties where the charges for service are separately metered and paid directly by the tenant and when the utility account is in the current tenant's name, liens of the property shall be pursuant to state code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK Ap roved by City Attorney's Office 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 11/13/2012 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ 11/27/2012 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Date published U Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO CHANGE THE DURATION OF A MOBILE VENDING PERMIT FROM ONE YEAR TO THREE YEARS AND TO LIMIT THE OWNERSHIP INTEREST TO THREE CARTS. WHEREAS, regulating the use of public right -of -way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right -of -way; WHEREAS, section 10 -3 -5 presently provides that the City may issue permits annually for mobile vending in City Plaza; WHEREAS, for ease of administration and to align permits on the same three -year cycle as sidewalk cafes in the street and in planters, the permits for mobile vending should be for three years; WHEREAS, presently three carts are owned in part by one person; and WHEREAS, it is in the City's interest to increase the term of a mobile vending permit to three years and to prohibit a person from having an ownership interest in more than three vending carts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 1 b in its entirety and by substituting in its place the following new paragraph: Permits will be issued for three -year periods beginning May 1, 2013 to April 30, 2016. All applications for mobile- vendor permits must be received by January 31 of the- calendar -year for -which the three =year permit will be issued. Permits for partial periods may be available as provided in the administrative rules. 2. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than six (6) permits shall be issued for each three -year period. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. 3. Title 10, entitled "Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by adding new Subsection A, Paragraphs 2d and 2e as follows: d. No person may have an ownership interest, as determined by the City, in more than three mobile vending cart operations. e. If the City Council decides to eliminate or reduce the mobile vending permit program, the City may terminate all permits upon 120 -day notice to the permittees. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. MAYOR ADDroved� ATTEST: t' � � ' /a CITY CLERK City Attorney 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 1111312012 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 11/27/2012 Voteforpassage: AYES: Champion, Throgmorton. NAYS: Date published Dickens, Dobyns, Hayek, Mims, Payne, None. ABSENT: None. -e-/3 Marian Karr From: Anthony Browne <anthony.browne @live.com> Sent: Tuesday, November 27, 2012 4:01 PM To: Council Subject: Proposed changes to Iowa City Code §10 -3 -5 (Item 13) To the Iowa City Council: Today, you vote on the second consideration of a proposed amendment to Iowa City Code §10 -3 -5 (Item 13). I, Anthony Browne, have been a recent proponent of changes to Iowa City Code §10 -3 -5. The City Manager's Office indicated with the introduction of this proposed change it intends to change the administrative rules and abandon the seniority rule with regards to the scoring process for applications for permits under Iowa City Code §10 -3 -5. The City Manager's Office has indicated that it intends to adopt an "open" process, rather than the current process that uses the seniority rule. I, Anthony Browne, applied for a permit in 2012 in what I thought was an open application process. My application was denied solely based on the seniority rule. While I feel somewhat vindicated that the City now agrees the process was not open, and intends to abandon the seniority rule, I still have some very grave concerns about the proposed changes to the ordinance. I do not want to cool the warming of the City to changes to this ordinance and /or the administrative rules, but must raise the following objections.to the proposed changes: 1. 1 would like to point out that changing the administrative rules, removing the seniority rule, and switching to an open process does not require any amendment to the ordinance. I agree that an open application process may be more burdensome to the City than using the seniority rule and agree that HIS handling these applications would be a wise and prudent decision. Therefore, having HIS do the application process every three years, rather than one year, would be a sufficient compromise and is the only necessary change to the ordinance. Therefore, I have no problem with Amendment 1. 2. Regarding Amendment 2, while I agree with the change of the length of the permit from one to three - years, I encourage the Council to change Amendment 2 and change the total number of permits from six to eight. I also ask that it be amended to extend the area for mobile vending to the CB- 2,CB -5, and CB -10 zones, rather than just in City Plaza or on Iowa Ave. This would align the mobile vendor ordinance with the sidewalk cafe ordinance. The City would maintain the discretion to locate the mobile units in City Plaza, but would then have the flexibility to locate them throughout the downtown area. This City would at all times have control of the ultimate location of the mobile vending unit. 3. Regarding Amendment 3 [addition of paragraph A (2)(d)], the City is attempting to hard -code three as the maximum number of permits a single entity may have. I would like to point out that Internet Explorer doesn't have 50% market share. However, it does have about 37% market share. If you apply 37% market share to this ordinance, it would equate to two permits. J & P Ventures LLC currently has three of the six total permits. They have had at least one permit since about the year 2000. They have since built their operation into three mobile vending units and have worked hard over the years maintaining and investing in these units. This work is greatly respected and I do not wish to minimize this accomplishment in any way. However, a three permit limit is one too many. I feel that limiting the maximum number to two would better serve the public and prevent unfair competition. It would also allow more variation and choices for consumers. Of course, this maximum could also be waived, should less than the total number of permits be issued in a given year and a permit is available. Since the demand for permits could fluctuate over time, a waiver of the maximum limit should therefore also be provided, should the maximum be established to be two. I would encourage the council to make the above changes before voting "yes" to this proposed amendment. Yet, the changes above are not a deal breaker. The deal breaker is Amendment 3 [addition of paragraph A (2)(e]), which allows the City to revoke the permit for any or no reason at all upon 120 -day notice. The addition of this paragraph is unnecessary and should be stricken. In essence, this would take the application process out of the purview of the district court and would serve no other purpose. If this amendment is made, and this paragraph is added to the ordinance, the City could willfully violate all of the intricate procedures in the administrative rules with impunity and applicants would have no legal recourse. This ordinance has been in the Iowa City Code since at least 1990 and has always allowed applicants due process and recourse in the district court, should they believe their rights have been violated. While it may be advantageous for the City to remove this process from judicial review, this an unprecedented step and an unconscionable removal of a fundamental right to due process from the ordinance. Had I not had the right, this change may have never happened. This important right to due process should not be denied to future applicants. This is a paragraph the City will never invoke. if the City actually wants to eliminate or reduce the program, it will forever have the ability to do so in three readings of a proposed ordinance amendment. This paragraph would simply serve to remove the application process from the jurisdiction of the Johnson County District Court. I therefore ask that every councilmember vote against any changes to the ordinance whatsoever, should this part of the proposed amendment not be stricken. Thank You Anthony Browne On behalf of Hillery's BBQ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE TENTH AMENDMENT THERETO 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 CITY - UNIVERSITY PROJECT 1 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. 12 -459 passed and approved on the 23rd day of October, 2012, adopted Amendment #10 to the City - University Project 1 Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area known as the City- University Project 1 Urban Renewal Area, (the "Urban Renewal Area "), which added the area legally described as follows: Beginning at the NW corner of Outlot 26, Original Town Subdivision; Thence south along the eastern R.O.W. line of Van Buren Street to where said R.O.W. ends at a point along the western boundary of Block 8, Lyon's 2 "d Addition; Thence northwesterly along R.O.W. line to a point on the north R.O.W. line of the Iowa Interstate Railroad south of block 1, Lyon's 1St Addition; Thence southwesterly to the south R.O.W. line of the Iowa Interstate Railroad north of block 3, Lyon's 1St Addition; Thence southeasterly along the south Railroad R.O.W. to the eastern boundary of Van Buren Street south of the Railroad; Thence along said eastern boundary of Van Buren. Street to the north right -of- way line of Kirkwood Avenue; Thence east to a point 11' west of the extended NE corner of lot 3, block 6, F.S. & E.W. Lucas Addition; Continuing south to a point 126', more or less, south of the R.O.W. line of the E -W alley west of Diana Street and south of lots 1, 2, and 3, block 6, R.S. Lucas Addition; Thence westerly to a point on the east R.O.W. line of the N -S alley west of lots 4 & 5, block 6, R.S. Lucas Addition; Crossing the alley to the west R.O.W. line of said alley, continue south 7.5', more or less, to the NE corner of lot 30, Highland Park Addition; Thence westerly to the NW corner of lot 31, Highland Park Addition; Thence southerly to the SW corner of said Lot 31; Crossing Highland Ct. to the NE corner of Lot 15 Highland Park Addition; Thence southerly to the SE corner of Lot 9 Highland Park Addition; Crossing Highland Ave. to the south R.O.W. line; Thence westerly along said south R.O.W. line to where it meets the Crandic Railroad; Thence south along the Crandic Railroad to the south R.O.W. line of Highway 6; Thence west along the south R.O.W. line of Highway 6 to the eastern bank of the Iowa River; Thence southerly following said eastern bank of the river to a point where the river bank meets the extended southern line of Sturgis Ferry Park; Thence westerly to the SW corner of Sturgis Ferry Park; Thence continuing westerly to the west R.O.W. line of Riverside Drive; Thence northerly along said west R.O.W. line to the centerline of Highway 6; Thence easterly along said centerline to the western bank of the Iowa River; Thence following the western bank of the Iowa River to the centerline of Myrtle Street extended to the Iowa River; Thence west to the west R.O.W. line of Riverside Drive /State Highway 1; Thence northerly along said highway R.O.W. to the north R.O.W. line of Burlington Street; Thence east to the east bank of the Iowa River; Thence south to the south R.O.W. line of Court Street; Thence easterly along the south R.O.W. line of Court Street to the west R.O.W. line of Maiden Lane; Thence south along said west R.O.W. line to Ralston Creek; Thence southwesterly along the creek to the south R.O.W. line of Prentiss Street; Thence east along said south R.O.W. line to the west R.O.W. line of Gilbert Street; Thence south along said west R.O.W. line to a point where it meets the extended centerline of Bowery Street; Thence easterly to a point where the centerline of Bowery Street meets the extended east R.O.W. line of Gilbert Street; Thence north along said east R.O.W. line to the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25; Thence east along the south R.O.W. line of Burlington Street to the point of beginning. Also including Lots 5 and 6 in Block 43, Original Town, and the alley and full width of the College Street right -of -way adjacent thereto. 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 that portion of the Urban Renewal Area added pursuant to the Tenth Amendment, as above described and hereafter referred to as "2012 Amended Area ", 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 2012 Amended 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 2012 Amended Area, as shown on the assessment roll as of January 1, 2011, pursuant to Iowa Code Section 403.19(1)(b), 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, as amended, pursuant to the Urban Renewal Plan, as amended, 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, as amended, without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2012 Amended Area exceeds the total assessed value of the taxable property in the 2012 Amended 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 2012 Amended 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. 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 2012 Amended 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 2012 Amended 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 2012 Amended 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 day of , 20 MAYOR ATTEST: CITY CLERK App .oved by f/ City Attorneys Office 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 11/27/2012 Vote for passage: AYES: Champion, Dickens, Throgmorton. NAYS: None. Second Consideration _ Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Dobyns, Hayek, Mims, Payne, ABSENT: None. r -� =r CITY OF IOWA CITY 14 A �_Zwn MR.. MEMORANDUM Date: November 13, 2012 To: Tom Markus, City Manager From: Wendy Ford, Economic Development Coordinator Jeff Davidson, Planning & Community Development Director Re: Tax Increment Financing District Ordinance for Amendment #10 to City- University Project 1 Urban Renewal Area Introduction Amendment #10 to City- University Project 1 Urban Renewal Plan was approved by Council October 23`d, 2012 and creates the opportunity for the area to be designated a Tax Increment Financing (TIF) district. To create a TIF district, the City Council must adopt a TIF ordinance. The TIF ordinance allows the City Council to approve the use of tax increment financing in accordance with separate developers agreements and public improvement projects that help meet the objectives of the urban renewal plan. History /Background The objectives of the City- University Project 1 Urban Renewal Plan include the following: • Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing business and (2) attracting businesses that have growth potential and are compatible with existing businesses; • Increase employment opportunities consistent with the available labor force; • Provide and protect areas suitable for future commercial development; • Cooperate with local and regional organizations to promote economic development within Iowa City; • Improve the environmental and economic health of the community through the efficient use of resources; and • Consider financial incentives and programs to facilitate achieving the above goals Discussion of Solution In order to achieve these goals, the City may desire to embark on urban renewal projects in the area and /or provide financial assistance in the form of tax increment financing when there is a public benefit component to a project within the district. Recommendation /Justification Staff recommends the adoption of the TIF ordinance allowing the diversion of the increase in property taxes realized to assist in projects where public benefit will be realized. Public benefit may include such things as parks, trails and streetscape improvements, partnerships with the private sector in redevelopment projects, etc. In an area that has seen disinvestment over time combined with the fact that redevelopment is substantially more expensive in urban areas due to demolition and site preparation costs, there are significant financial barriers to redevelopment. With a TIF ordinance, the City has another resource to assist in aiding the redevelopment process and building the property tax base in this important Iowa City neighborhood. 'A 2 1 Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULA IONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, TITLED "TAXICABS" TO REQ IRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES RIVEN BY A COMPANY; REQUI E LOCATION OF A DISPATCH OFFICE TO BE IN 10 A CITY OR CORALVILLE AND ALL W FLEXIBILITY FOR DISPATCHING FROM THE OFF E; RESTRICT NEW COMPANIES TO S RTING JUNE 1 OF EACH YEAR; CLARIFY LANGU E RE VEHICLE LETTERING, AND REQ RE DRIVER IDENTIFICATION TO BE POSTED N THE VEHICLE FACING THE PASSENGE . WHEREAS, City Code sect Nn 5 -1 establishes applic/entitled uance and evocation provisions, and 5 -2 establishes regulations for to abs and drivers; and WHEREAS, taxi companies h ve approached the Citanges t improve the appearance and safety of the taxicabs and to provide icenses be issued oner ye r; WHEREAS, the City Council w hes to improve any p cedures for operating a taxicab business within the City of Iowa City; WHEREAS, it is in the best interest f the City to adoplations for "taxicabs ". NOW, THEREFORE, BE IT ORDAIN D BY THE CITY IL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Reg ations," Chaptitled "Taxicabs" is hereby amended by deleting the following subsections in their ent ety and addi ubsections as follows: 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DE A., APPLICATION: Each applicant for a taxic�i Clerk by May 1 on forms provided by the City, information: 1. The name and address of each operate a taxicab business. ness license shall file an application with the City i shall be verified and shall furnish the following an ownership interest in the company wishing to 2. The experience of the applicant in t transport tion of passengers. 3. The record of convictions of misd meanors and/ felonies, including moving and nonmoving traffic violations, and certified state of I a criminal histo and certified state of Iowa driver's record for each person identified in subsect' n Al of this section. 4. The signature of all person with an ownership inter t in the business. 5. Such pertinent informati as the City may require. B. Minimum Qualifications: ch taxicab business shall meet t e following minimum requirements: 1. Except for pedicab ,horsedrawn vehicles, and airports ttles, provide a taxicab service to the public twenty -four (24) h rs a day, seven (7) days a week, and ave a business office located in Iowa City or Coralville city lim s. No dispatching shall be done from a hicle. All dispatching shall be done from the office except tween the hours of midnight and 6:00 a.m. The telephone number listed on the application must be a veered twenty -four (24) hours a day, seven (7) ays a week. 2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicles all be in operation at all times. All taxicabs must comply with the vehicle requirements of this chapter. 3. Provide a certificate of liability insurance in accordance with this chapte Ordinance No. Page 2 4. Meet all applicable zoning ordinance regulations and all other city regulations. 5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon request. 6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color scheme and pattern. / 7. Each taxicab must prominently display the return any completed cards to the city clerk. / 5 -2 -3: LIABILITY INSURANCE REQUIREME A. Requirements: feedback form provicjdd by the City, and 1. As a condition to receiving a taxicab busi ess license or a vehicle ecal, the applicant shall file with the city clerk evidence of liability insuranc coverage via a ce. icate of insurance which shall be executed by a company authorized to do i surance business i this state and be acceptable to the city. The taxicab business must file with the city clerk one ce ficate of insurance listing all vehicles. 2. The taxicab business shall insure each d 3. The minimum limits of the taxicab busi determined by city council resolution. 4. The cancellation or other termination of a revoke and terminate the licenses issued for t insurance policy, unless another policy, com i the time of such cancellation or terminatio The of the revocation of all licenses for the to cab bu which is canceled or terminated. All de Is must of business licenses and decals will a in acc applicant's expense. and the individual driver's policy shall be insurance policy or certificate shall automatically taxicab business and the vehicles covered by such with this chapter, shall be provided and in effect at ity clerk shall immediately issue written notification iness and the vehicles covered by such insurance returned to the city clerk. Subsequent issuance or nce with the terms of this Chapter and at the 5. The cancellation or other term ation of any insura ce coverage for any single vehicle shall require the decal to be returned to the i y clerk and a re -insp tion of that vehicle will be required prior to the issuance of another decal an use of the vehicle as a t xicab. The city clerk shall immediately issue written notification of the veh' le cancellation to the taxic b business. 5 -2 -6: DRIVER REQUI D. Each driver, while ope ating a taxicab in the city, shall Aominently display an identification card provided by the taxicab bLAiness showing the full name of the drkver and the taxicab business. The card must be displayed on th dashboard so that it is visible to the cus mers in both the front passenger seat and the back seat, and Ke at least eight and one -half inches (8 ' /z) i width and five and one -half inches (5 '/2 ) in height. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the taxicalp business on each side of the vehicle in letters It least two inches (2 ") in height. Pedicabs and horse dr wn vehicles may use lettering smaller than two Lnches (2 "). Removable signs shall not be allowed. If a None number is provided the number shall be the same number that appears on the taxicab business appli tion and rate card. B. Lighted Dome: Every motorized taxicab shall have a lighted dome attac d permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3 "). In the event the city equipment superintendent or designee determines that the Ordinance No. Page 3 permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Airport shuttles are exempt from the lighted dome requirements. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless n application is filed by May 1, except for pedicabs and horsedraw_n_yehicles. A license that will expir on February 28, 2013 shall be extended to May 31, 2013. �— B. Driver authorization shall be valid for period of chauffeur's license if under one y C. Decals shall be valid for one year. They expire on May 31. A decal that will expire on D. Renewals shall follow the same procedure E. Fees for licenses and decals shall be set by SECTION II. REPEALER. All ordinances Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section invalid or unconstitutional, such adjudication sha section, provision or part thereof not adjudged ins SECTION IV. EFFECTIVE DATE. With the Ordinance shall be in effect May 1, 2013. Passed and approved this day MAYOR O li e ;0 I of one year from date of II commence on June 1 ruary 28, 2013 shall be set for initial i lution of theAity Council. nce or the remaining date of issuance and shall ed to May 31, 2013. parts of ofdinances in conflict with the provision of this 3rovisigK or part of the Ordinance shall be adjudged to be not aKect the validity of the Ordinance as a whole or any lid Ar unconstitutional. of 5 -2 -10 which is effective upon publication, this 2012. ATTEST: CITY CLERK 11 -27 -12 15 Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE RE VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE FACING THE PASSENGERS. WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and 5 -2 establishes regulations for taxicabs and drivers; and WHEREAS, taxi companies have approached the City for changes to improve the appearance and safety of the taxicabs and to provide licenses be issued only once per year; WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab business within the City of Iowa City; WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as follows: 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS A., APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk by May 1 on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. Minimum Qualifications: Each taxicab business shall meet the following minimum requirements: 1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a taxicab service to the public twenty -four (24) hours a day, seven (7) days a week, and have a business office located in Iowa City or Coralville city limits. No dispatching shall be done from a vehicle. All dispatching shall be done from the office except between the hours of midnight and 6:00 a.m. The telephone number listed on the application must be answered twenty -four (24) hours a day, seven (7) days a week. 2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this chapter. 3. Provide a certificate of liability insurance in accordance with this chapter. Ordinance No. Page 2 4. Meet all applicable zoning ordinance regulations and all other city regulations. 5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon request. 6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicles as a taxicab, as determined by the city clerk. All vehicles for a business must be painted in the same color scheme and pattern. 7. Each taxicab must prominently display the passenger feedback form provided by the City, and return any completed cards to the city clerk. 5 -2 -3: LIABILITY INSURANCE REQUIREMENTS. A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5. The cancellation or other termination of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written notification of the vehicle cancellation to the taxicab business. 5 -2 -6: DRIVER REQUIREMENTS: D. Each driver, while operating a taxicab in the city, shall prominently display an identification card provided by the taxicab business showing the full name of the driver and the taxicab business. The card must be displayed on the dashboard so that it is visible to the customers in both the front passenger seat and the back seat, and be at least eight and one -half inches (8'/2) in width and five and one -half inches (5 ) in height. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use lettering smaller than two inches (2 "). Removable signs shall not be allowed. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3 "). In the event the city equipment superintendent or designee determines that the Ordinance No. Page 3 permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Airport shuttles are exempt from the lighted dome requirements. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. A license that will expire on February 28, 2013 shall be extended to May 31, 2013. B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. 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. With the exception of 5 -2 -10 which is effective upon publication, this Ordinance shall be in effect May 1, 2013. Passed and approved this day of 2012. MAYOR ATTEST: CITY CLERK Apprdy �N i0�s Offi ?e )d I 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 11/27/2012 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: N6ne. ABSENT: N6ne. Second Consideration _ Vote for passage: Date published I-sr Marian Karr From: Marian Karr Sent: Monday, November 26, 2012 11:37 AM To: 'service @americanclasstaxi.com' Cc: Julie Voparil Subject: RE: Proposed ordinance changes Thank you for your comments. A copy will be distributed to the City Council when they consider the ordinance at their meeting November 27. As indicated the changes were a result of a meeting with companies on October 31. Council will consider your comments and may pass first consideration or amend the ordinance at that time. Please let me know if you have further questions. Marian Karr, MMC City Clerk From: service @americanclasstaxi.com [mailto :service @americanclasstaxi.com] Sent: Monday, November 26, 2012 11:24 AM To: Marian Karr Cc: Julie Voparil Subject: Proposed ordinance changes Good morning Marian Last Friday we received your letter regarding the proposed changes for the taxi ordinance (attached). As a well established small minority company based in Cedar Rapids, Iowa and maintained our Iowa City license for the last several years with good records in order to legally pickup our loyal customers form Iowa City (same as the Cedar Rapids Airport Shuttle condition). We have some concerns about the upcoming changes and we request your consideration before the passage of the changes by the city council: 1. All our taxis are black colored as required by City of Cedar Rapids to have color scheme and we will need to reserve the same color in Iowa City. 2. We have our office at 201 First Ave SW Cedar Rapids Iowa (commercial zoned) and it will be a heavy cost load for our small DBE company to open a second office in Iowa City. 3. We support the new companies start at begin of licensing year only. 4. We support the consistent vehicle letter and phone numbers (already applied in and out all our taxis beside our website address, "How Is My Driving" call to report sign, and an RQ bar code Scan - able by cell phones to access our company contact information in more convenience way, plus our DOT number all n 2 -4" font). 5. We support the annual license year changed to June 1st. 6. We support the Driver identification changes (already applied). 7. We support the passenger feedback form (beside already applying above techniques, item 4). 8. We support the clarification of a re- inspection if vehicles removed from insurance. Thank you in advance for your consideration of items 1 & 2 above. Best regards Nazar Osman President American Class Taxi, Inc. (319)363 -8294 www.americanclasstaxi.com P71 CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. November 20, 2011 CRY f Dear Business Owner. Recently Council and my office have been contacted by taxi company owners requesting clarification and changes to the current ordinance. An invitation was extended to all 14 companies to attend a meeting on October 31. Staff met with owners and provided a summary and recommendation to the City Council on November 13. As a result, of the discussion Council directed staff to prepare an amendment (attached) for Council action., The proposed changes include: ➢ Re- instating the color scheme (5 -2 -1) Y Dispatch office located In Iowa City or Coralville City limits and flexibility and clarity between midnight and 6 a.m. (5 -2 -2) v ➢ New companies start at begin of licensing year only. (5 -2 -2) . ➢ Consistent vehicle lettering and phone numbers. (5 -2-8) Annual license year changed to June 1 (from March 1) (5 -2-8) (5 -2 -10) y ➢ Driver Identification change (5 -2-6) ➢ Implementation of a passenger feedback form (5-2-2) Clarification of a re- Inspection if vehicles removed from insurance (5 -2 -3) Council will be considering this ordinance at their 7:00 PM meeting on November 27 meeting. The ordinance requires two more readings before passage (December 4 and 18). K passed the ordinance would take effect starting with the 2813 licensing year. You are being notified and invited to present your views concerning this proposed ordinance in person or In writing. A copy of the proposed ordinance is attached. Please contact my office with any questions you may have. Sincerely, Maria err, MMC City Clark Attachment: Proposed Ordinance S: taxi: WerNOV2012amendmentcodechanges .doc 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240 -1826 • (319) 356 -3043 a FAX (319) 336 -5497