HomeMy WebLinkAbout2013-06-04 Ordinance5a
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00003)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY
RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW - DENSITY SINGLE- FAMILY
RESIDENTIAL (RS -5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCATED EAST OF
SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION
ROAD.(REZ13 -00002 & REZ13 -00003)
WHEREAS, the applicant, Allen Homes, has requested annexation and rezoning of approximately 2
acres located near the northeast corner of Scott Boulevard and American Legion Road from County
Residential (R) to Low - Density Multi - Family (RM -12); and
WHEREAS, the applicant, Allen Homes, has also requested a rezoning of approximately 2.38 acres
located at 3410 Muscatine Avenue from Low - Density Single - Family Residential (RS -5) to Low - Density Multi -
Family Residential (RM -12); and
WHEREAS, American Legion Road is a rural road without sidewalks, curb, gutters or storm sewers,
which inhibits the ability of said road to serve future development on the subject property and the ability of
residents to walk or bike outside the immediate area; and
WHEREAS, the Southeast District Plan future land -use map depicts the subject area as appropriate for
low- to medium - density multi - family residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for a
street improvements and sidewalks along the property's frontage with Scott Boulevard and American Legion
Road; and
WHEREAS, Iowa Code §414.5 (2013) 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, the property described below is hereby reclassified from its current zoning designation of County
Residential (R) to Low - Density Multi - Family (RM -12):
LEGAL DESCRIPTION
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Johnson County. Iowa, Thence S89 026'36 "E, along the South Line of the Southwest
Quarter of the Northwest Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 °30'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the Ralston Creek Property
Acquisition, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89 027'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter of the Northwest Quarter;
Thence N89 °26'36 "W, along said South Line, 161.75 feet, to the Point of Beginning.
SECTION II APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the property described below is hereby reclassified from its current zoning designation of Low - Density
Single - Family Residential (RS -5) to Low - Density Multi - Family Residential (RM -12):
Ordinance No.
Page 2
LEGAL DESCRIPTION
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth
Principal Meridian, Iowa City, Johnson County. Iowa, Thence S89 026'36 "E, along the South Line of the
Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Point of
Beginning; Thence N01 030'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a distance of
207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly Right -of -Way Line, on a 1095.92 foot
radius curve, concave Southeasterly, whose 303.65 foot chord bears N06 027'37 "E, to its intersection with the
South Line of Parcel 1, of the "Ralston Creek Property Acquisition, in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office ; Thence
S89027'1 2"E, along said South Line, 208.07 feet; Thence S01 °30'10 "E, 510.03 feet, to a Point on the South
Line of said Southwest Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of '2013.
MAYOR
ATTEST:
CITY CLERK
a — . •
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 6/4/2013
Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240, 356 -5251 (REZ13- 00002 /REZ13- 00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Allen Homes, Inc., (hereinafter "Applicant ") and Sally Hall and Hieronymus
Family Partnership LLP (hereinafter collectively "Owners ").
WHEREAS, Owners are the legal title holders of approximately 4.83 acres of property
located at the northeast corner of Scott Boulevard and American Legion Road; and
WHEREAS, the Applicant with the Owners' consent has requested the rezoning of said
property from Low - Density Single- Family Residential (RS -5) and County Residential (R) to Low -
Density Multi - Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to American Legion Road and installation of a temporary
sidewalk along the property's frontage with said road until these improvements are complete,
installation of sidewalk along the property's frontage with Scott Boulevard, dedication of a
public right -of -way within the subject property, and design review to ensure compatibility of
multi - family development, the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owners and Applicant acknowledge that certain conditions and
restrictions are reasonable to ensure the development of the property is consistent with the
Comprehensive Plan and the need for infrastructure improvements, traffic safety and
neighborhood compatibility; and
WHEREAS, the Owners and Applicant agree to develop this property in accordance with
the terms and conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Sally Hall is the legal title holder of the property legally described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Iowa City, Johnson County. Iowa, Thence
S89 026'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 50.03 feet, to the Point of Beginning;
Thence N01 °30'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a
distance of 207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly
Right -of -Way Line, on a 1095.92 foot radius curve, concave Southeasterly, whose
303.65 foot chord bears N06 027'37 "E, to its intersection with the South Line of
Parcel 1, of the Ralston Creek Property Acquisition, in accordance with the Plat
thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson
County Recorder's Office; Thence S89 °27'12 "E, along said South Line, 208.07 feet;
Thence S01 030'10 "E, 510.03 feet, to a Point on the South Line of said Southwest
{01408776. DOC} ppdadm/agU01408776.doc
Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line,
250.16 feet, to the Point of Beginning.
2. Hieronymus Family Partnership LLP is the legal title holder of the property legally
described as follows:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range
5 West, of the Fifth Principal Meridian, Johnson County. Iowa, Thence
S89 °26'36 "E, along the South Line of the Southwest Quarter of the Northwest
Quarter of said Section 18, a distance of 300.19 feet, to the Point of Beginning;
Thence N01 °30'10 "W, 510.03 feet, to a Point on the South Line of Parcel 1, of the
Ralston Creek Property Acquisition, in accordance with the Plat thereof Recorded
in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89 027'12 "E, along said South Line, 180.08 feet; Thence
S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter
of the Northwest Quarter; Thence N89 °26'36 "W, along said South Line, 161.75 feet,
to the Point of Beginning.
3. The Owners and Applicant acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan and 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 a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
4. In consideration of the City's rezoning the subject property, Owners 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. Prior to receiving a building permit for development of dwelling units on the subject
property, Owners or Applicant shall pay $36,653 to cover 12.5% of the cost of
improving American Legion Road frontage adjacent to the subject properties to
City street standards, or provide a letter of credit for the same; and
b. Prior to receiving an occupancy permit for a building on the subject property,
Owners or Applicant shall install an 8 -foot wide sidewalk (the City will promptly
reimburse Owners /Applicant for 3 feet of the required 8 -foot width) along the
property's frontage with Scott Boulevard; and
c. Prior to receiving an occupancy permit for a building on the subject property,
Owners or Applicant shall install a 5 -foot wide temporary sidewalk according to
plans and specifications approved by the City Engineer along the property's
frontage with American Legion Road unless a permanent sidewalk has already
been installed; and
d. Prior to issuance of a building permit for a dwelling unit the Owners or Applicant
shall construct and dedicate a public street along the eastern property line of the
property in accordance with construction plans approved by the City; and
e. Prior to issuance of a building permit for a dwelling unit the Owners or Applicant
shall dedicate the street right -of -way necessary for the improvement of Scott
Boulevard and American Legion Road as illustrated on the attached exhibits; and
f. The development plan for the subject properties shall be reviewed and approved
by the Design Review Committee prior to issuance of a building permit for a
dwelling unit.
5. Upon completion of the items specified in paragraph 4 above, the City shall promptly issue
{01408776.DOC} ppdadm 1agt101 408776. doc 2
to the Applicant a good and sufficient release for the dwelling units on the property so that
this Conditional Zoning Agreement will not constitute a cloud on the title to the property.
6. The Owners, Applicant and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that
said conditions satisfy public needs that are caused by the requested zoning change.
7. The Owners, 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.
8. 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, shall inure to the benefit of
and bind all successors, representatives, and assigns of the parties and shall remain in
full force and effect as a covenant running with title to the land, unless or until released
of record by the City of Iowa City.
9. The Owners and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owners or Applicant from complying with all
other applicable local, state, and federal regulations.
10. 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.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
{01408776.DOC) ppdadm /agt101408776.doc 3
SIGNATURE PAGE TO CONDITIONAL ZONING AGREEMENT
Dated this r')- day of 12013.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
A(U4 Awow�Lw�
City Attorney's Office ,, 3 d (3
CITY OF IOWA CITY ACKNOWLEDGEMENT:.
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
W.,�
Hiero y s NLa rt nership, LLP, Owner
B �� G
Jo n Hieronymus, Partne
Allen Homes, Inc., Applicant
By:
Je a Ahlen, President
This instrument was acknowledged before me on , 2013 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
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this Z � day of May, 2013, before me, the undersigned, a Notary Public in and for said
County, in said State, personally appeared Sally Hall, to me known to be the identical person
named in and who executed the within and foregoing instrument, and acknowledged that she
executed the same as her voluntary act and deed.
!EVMILSWAN SON Notary Public in and for the State of Iowa
iNon Nifta 700 My commission expires:
(01408776.DOC) ppdadMagt/01408776.doc 4
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this of t day of May, 2013, before me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared John Hieronymus, to me personally known, who being by me duly
sworn, did say that the person is one of the partners of Hieronymus Family Partnership, LLP, an
Iowa General Partnership, and that the instrument was signed on behalf of the partnership by
authority of the partners; and the partner acknowledged the execution of the instrument to be the
voluntary act and deed of the partnership by it, ang by the part er v luntarily executed.
�.�� MICHAEL d PUGH alv'l('—�
pi Notary Public in Wnd We State of Iowa
My commission expires:
CORPORATION ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of May, 2013, before me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared Jesse Allen, to me personally known, who being by me duly sworn,
did say that he is the President of Allen Homes, Inc., an Iowa c9pporation.
9. AW4�t�
TV, �8 EVAN B. SWANSON Notary Publ c in and for the State of Iowa
z Cotlfl bdm Nm*w 768978
MY My commission expires: >Ujc�
{01408776.DOCI ppdadm/agtl01408776.doc 5
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Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00013)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 5.23 ACRES OF LAND LOCATED AT 515, 527, 539
NORMANDY DRIVE AND 820, 822, 930 PARK ROAD, FROM LOW - DENSITY SINGLE - FAMILY
RESIDENTIAL (RS -5) ZONE TO NEIGHBORHOOD PUBLIC (P -1) ZONE. (REZ13- 00013)
WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at 515,
527, 539 Normandy Drive and 820, 822, 930 Park Road from Low - Density Single - Family Residential (RS -5)
to Neighborhood Public (P -1); and
WHEREAS, these properties have been purchased by the City as part of the flood buy -out programs;
and
WHEREAS, Other than the building at 820 Park Road, the structures on these properties have been
demolished; and
WHEREAS, funding sources for the buy -out programs restricts future use of the purchased properties to
public open space; and
WHEREAS, the house at 820 Park Road (known as the Ned Ashton House, listed on the National
Register of Historic Places and as an Iowa City Historic Landmark) will remain as the focal point of the park
and function as a reception hall open to the public and managed by the City Parks and Recreation
Department; and
WHEREAS, section 14 -2F -1 of the zoning code indicates that City owned land, including park land,
should be zoned P -1; 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 RS -5 to P -1:
LEGAL DESCRIPTION
539 Normandy:
That portion of Lot 1, Ashton Place, Iowa City, Iowa, according to the plat thereof recorded in Book 49, Page
108, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record.
527 Normandy:
Commencing at the Southeast Corner of the Southwest Quarter of Section 4, Township 79 North, Range 6
West, of the 5th. principal Meridian; Thence N90 °00'00 "W, along the South Line of said Southwest Quarter,
49.10 feet to the Westerly Right -of -Way Line of Normandy Drive; Thence N00 °07'57 "E, along said Westerly
Right -of -way Line, 265.00 feet to the Southeast Corner of a tract of Land described in Deed Book 288, at
Page 13 of the Records of Johnson County Recorder's Office and the Point of Beginning; Thence N90 000'
00 "W, 152.51 feet to the Easterly Line of a Tract of Land as Recorded in Plat Book 2, at Page 108 of the
Records of the Johnson County Recorder's Office; Thence N00 °04'03 "W, along said Easterly Line, 99.76
feet; Thence S89 °58'57 "E, 152.86 feet to said Westerly Right -of -Way Line of Normandy Drive; Thence
S00 °07'57 "W, along said Right -of -Way Line, 99.71 feet, to the Point of Beginning. Said tract of land
containing 0.35 acres, more or less, and subject to easements and restrictions of record.
515 Normandy:
Ordinance No.
Page 2
Commencing at a point which is 50 feet west and 165 feet north of the southeast corner of the southwest
quarter of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence north 100 feet; thence west
151.5 feet; thence south 100 feet; thence east 151.5 feet to the point of beginning.
822 Park Road:
Commencing at the Southeast corner of the Southwest Quarter of Section 4, Township 79 North, Range 6
West of the 5th Principal Meridian; Thence N 90 °00'00" W, (An Assumed Bearing), along the South line of
said Southwest quarter, 238.70 feet to the Point of Beginning; Thence continuing N 90 °00'00" W, along said
South Line, 200.00 feet; Thence N 12 °26'00" E, 171.60 feet; Thence N 72 008'00" W, 185.91 feet, to the
Easterly Bank of the Iowa River; Thence N 31'39'38" E, along the Easterly Bank, 30.89 feet; Thence S
72 008'00" E, 178.55 feet; Thence S 46 °53'32" E, 68.62 feet; Thence S 90 000'00" E, 103.75 feet; Thence S
00 000'00" W, 149.23 feet to the Point of Beginning.
820 Park Road:
Lot 2, Ashton Place, Iowa City, Iowa, in accordance with the plat thereof recorded in Book 49, Page 108, Plat
Records of Johnson County, Iowa.
930 Park Road:
Commencing at a point on the south line of Section 4, Township 79 North, Range 6 West of the 5th P.M.
438.7 feet west of the southeast corner of the southwest quarter of said Section 4; thence north 12 °26' east
171.6 feet; thence north 72 008' west 200 feet more or less to the easterly bank of the Iowa River; thence
southerly along the easterly bank of the Iowa River to the south line of said Section 4; thence east along the
south line of Section 4, 300 feet more or less to the place of beginning.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Approved by
tsL
City Attorney's Office 5-//(0 It
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 6/4/2013
Voteforpassage: AYES:Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Mfg,
5C
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ12- 00032)
ORDINANCE NO. 13 -4533
AN ORDINANCE CONDITIONALLY REZONING AND AMENDING THE SENSITIVE AREAS
DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND
BUFFER ON PROPERTY LOCATED AT 2845 MORMON TREK BOULEVARD. (REZ12- 00032)
WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning to amend the Sensitive
Areas Development Plan on property located at 2845 Mormon Trek Boulevard; and
WHEREAS, buffer averaging was applied to provide additional protection to a wetlands located on the
subject property in accordance with the Sensitive Areas Ordinance; and
WHEREAS, the minimum buffer area required, for this property is 3.56 acres; and
WHEREAS, the applicant has requested an adjustment to the Sensitive Areas Development Plan to
reduce the overall size of the wetland buffer area from 4.46 acres to 4.14 acres; and
WHEREAS, a Compensatory Mitigation Plan for the property was previously submitted to the Army
Corps of Engineers and City and approved but was never implemented; and
WHEREAS, the previous owner sold the property to the applicant without having installed the wetland
mitigation improvements stated in the Compensatory Mitigation Plan and as required by the Sensitive Areas
Ordinance; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to install
the mitigation improvement measures prior to any development activity being permitted, that the wetland
mitigation plan also include a requirement for an annual monitoring report, and lighting on the property be
installed to minimize effects on adjacent residential properties; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, the Sensitive Areas Development Plan attached hereto and incorporated herein is hereby amended to
allow a reduction in the previously approved wetland buffer:
LEGAL DESCRIPTION
Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat
Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing 7.13 acres
and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk to 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.
Ordinance No. 13 -4533
Page 2
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 4th day of .Tune 12013.
MAYOR
CITYCLERK
AppFov
City Aft • ney
Ordinance No. 13 -4533
Page 3
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 4/23/2013
Voteforpassage: AYES: Payne, Dickens, Hayek, Mims. NAYS: Throgmorton,
Champion, Dobyns. ABSENT: None.
Second Consideration 5/14/2013
Voteforpassage: AYES: Payne,Dickens, Dobyns, Hayek, Mims. NAYS: Throgmorton,
Champion. ABSENT: None.
Date published 6113/2013
Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), and Dealer Properties IC, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 7.09 acres of property
located at 2845 Mormon Trek Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property to amend the
Sensitive Areas Development Plan; and
WHEREAS, the Planning and Zoning Commission has determined that with appropriate
conditions regarding the need to install mitigation improvement measures prior to any
development activity being permitted and lighting on the property being installed to minimize
effects on adjacent residential properties the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for protection of environmentally - sensitive areas and to minimize effects on
adjacent residential development, and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Dealer Properties IC LLC is the legal title holder of the property legally described as:
Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in
Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing
7.13 acres and subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest District plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) 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 agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
ppdadm/agUrez12 -00032 cza.doc
a. The applicant will be allowed to decrease the overall size of the wetland buffer as
illustrated on the Sensitive Areas Development Plan attached hereto and by reference
made part of this agreement;
b. The improvements shown on the "Wetland Seeding and Planting Plan" shall be
installed prior to any development activity being permitted on Lot 2 of the D & D Billion
Addition; and
c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are
located within 300 feet of Residentially Zoned property, whether located within a City
or County zoning district, will be mounted no more than 25 feet above grade prior to
the establishment of the additional vehicle display area proposed on Lot 2 of the D &
D Billion Addition.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2013), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges 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 8 day of Ci , 2013.
CITY OF IOWA CITY Dealer Properties IC, "L(_C
4A JL-Td H _ ^
Matthew ayek, May BY
Attest:
?Iuz,�nt2 A-, - qv,�Z�
Mari -K. Karr, City Clerk
ppdadm/agUrez12 -00032 oza.doc 2
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on - td,llr- J+ , 2013 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
04 A" I SONDRAE FORT �arr� Few&
Commission Number 159791
• My Commission Expkes Notary Public in and for the State of Iowa
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF 16W�,t- o,,
%w'M to xo ss:
— J.9HN6,eN COUNTY
(Yli 1n�c�R.li•�.1r�o`,
On this 1 g day of ', , 2013, before me, the u dersigned, a Notary Public in
and for the State of kwia,4em6hally appeared 'jowl d •E2• U) , to me
personally known, who being by me duly sworn, did say that the person is
a rye vwlerr (title) of
T)pgAw( P�ope.r�- ►es'�C, LUC and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
fVR,e,vriVX,V(— acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company b y it voluntarily executed.
FBREENDA TIRREL
R Y PUBLIC H DAKOTA
Notary Public in and for the State of lowei-
So L-�-kk
My commission expires:
ppdadMagt/rez12 -00032 cza.doc 3
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Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO. 13 -4534
AN ORDINANCE AMENDING TITLE 14, ZONING, TO ESTABLISH PARKING LOCATION
STANDARDS AND ENTRANCEWAY STANDARDS THAT WIL REDUCE THE VISUAL
IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL
STREETS IN MULTI- FAMILY ZONES.
WHEREAS, the City has adopted a strategic plan goal to stabilize central city neighborhoods
by ensuring the higher density residential uses, such as multi - family uses and group living uses,
are designed in a manner that is consistent with the character and scale of other residential uses
in the surrounding neighborhood; and
WHEREAS, the zoning code contains parking location standards in the City's more urban
commercial zones that ensure that at a minimum the first 30 feet of building depth on the ground
level floor of a building is reserved for principal uses and surface and structured parking is not
allowed in this area. This standard ensures a more active street frontage that is comfortable, safe,
and attractive for pedestrian and good for storefront businesses; and
WHEREAS, in contrast to the parking setback standard required in urban commercial zones,
structured parking within multi - family and group living buildings must be enclosed within the
building walls, but is allowed on the ground level floor of the building right up to the front building
wall;
WHEREAS, in recent years as multi - family residential areas are becoming more urban in
character, there has been a proliferation of multi - family buildings constructed with parking on the
ground level floor with apartments above;
WHEREAS, elevating the living area above the parking level has resulted in exterior stoops
that are out of proportion to the height of the building and out of scale with other residential
buildings in the neighborhood, made handicapped accessible entrances more difficult to achieve,
and created a street frontage that is uncomfortable and unattractive for pedestrians; and
WHEREAS, adopting a minimum setback for structured parking and establishing a maximum
height for residential stoops will help to alleviate the aforementioned issues; and
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance 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. Delete paragraph 14- 5A -5F -1, and substitute in lieu thereof:
In Multi - Family Zones and in the CN -1, C13-2, CB -5, and the MU Zones the ground-level
floor of a building is reserved primarily for principal uses allowed in the zone.
Therefore, any parking located with the exterior walls of the building must meet the
following standards:
a. In the CN -1, C13-2, C13-5, and MU Zones, structured parking is not permitted on the
ground -level floor of the building for the first 30 feet of lot depth as measured
from the minimum setback line. In the CN -1 Zone it is measured from the "build -
to" line.
b. In Multi - Family Zones, structured parking is not permitted on the ground -level
floor of the building for the first 15 feet of building depth as measured from the
street - facing building wall. On lots with more than one street frontage this parking
setback must be met along each street frontage, unless reduced or waived by
Ordinance No. 13 -4534
Page 2
minor modification. When considering a minor modification request, the City will
consider factors such as street classification, building orientation, location of
primary entrance(s) to the building, and unique site constraints such as locations
where the residential building space must be elevated above the floodplain.
c. In the CN -1, CB -2, CB -5, and MU Zones, the ceiling height of any underground
parking may extend no more than 1 foot above the level of the adjacent sidewalk.
On sloping building sites and for existing buildings, the City may adjust this
requirement by minor modification. However, on sloping sites at least a portion of
the ground -level floor height of any new building must be located no more than
one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor
height of the ground -level floor of the building must be no more than 3 4 feet
above the level of the abutting public sidewalk or pedestrian plaza at any point
along a street - facing building facade.
d. In Multi - Family Zones, the floor height at any street - facing building entrance must
not exceed 3 feet above the level of the abutting public sidewalk. Any
underground parking may not extend above grade in a manner that prevents
street - facing building entrances from meeting this standard, except as allowed by
minor modification due to unique site characteristics, such as locations where the
residential building space must be elevated above a floodplain.
B. Add a new paragraph 4 to subsection 14 -5A -5F as follows, and re- number subsequent
paragraphs accordingly:
4. Parking spaces within the structure must be perpendicular to parking aisles. However,
angled parking or parallel parking configurations may be allowed if parking aisles are
one -way.
C. Add a new paragraph 7 to subsection 14 -213-61D as follows, and renumber subsequent
paragraphs accordingly:
7. The floor height at any street - facing building entrance must not exceed 3 feet above
the level of the abutting public sidewalk or pedestrian plaza.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
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 4th day of June , 2013.
L.L•i? r►.� _
ATTEST:
CITY-CLERK
Approved by: 4- ,
City Attorney's Office t� �3
Ordinance No. 13 -4534
Page 3
It was moved by Payne and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
_ x Mims
x Payne
x Throgmorton
that the
First Consideration 4/23/2013
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration 5/14/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Date published 6/13/2013
M4-c)
7167
Prepared by: Chris O'Brien, Director of Transportation Services 410 E. Washington Street, Iowa City, IA 52240; 319-
356 -5156
ORDINANCE NO. 13-4535
ORDINANCE AMENDING TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE
OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS, TO AMEND PARKING FEES, RATES, AND FINES.
WHEREAS, Iowa City Code section 3-4 -8: Parking Violations: sets the Amount of Fee, Charge, Bond,
Fine and Penalty for various Parking matters; and
WHEREAS, the City wishes to offer the first hour of parking free in the Court Street, Capitol Street,
Dubuque Street and Tower Place facilities; and
WHEREAS, the City wishes to work to reduce downtown congestion by increasing meter rates and
citation fine amounts, including escalation for habitual offenders; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby
amended by deleting it in its entirety and replacing it as follows:
3-4 -8: PARKING VIOLATIONS:
through Friday, all day Saturday and Sunday), per
month - all city surface lots
Amount of Fee, Charge, Fine or
Description of Fee, Charge, Fine or Penalty
_._........ ........_ - -... .....
Penalty
.. .......... .. .. ............ _......... .
.........._ ........
Parking Ramp fees:
Hourly parker (Court Street Transportation Center,
First Hour = Free
Tower Place, Capital Street, and Dubuque Street
Hours 2+ _ $1.00 per hour
parking ramps),
Hourly parker (Chauncey Swan), per hour
$0.75
....._ ................ .........
.. ....._..... . ..... .............................................. ............................
Monthly all day permits with advance payment (Court
.....................
( 80.00
Street Transportation Center, Chauncey Swan, Tower
Place, Capital Street, and Dubuque Street parking
ramps), per month
j
Annual all day permits with advance payment (Court
912.00
Street Transportation Center, Chauncey Swan, Tower
Place, Capital Street, and Dubuque Street parking
ramps), per year
Reissue of monthly, quarterly or annual permit, each
25.00
reissue
City employee monthly all day permits, per month
Half price
......... ................. .........
.........._.. ... __... ......... ..._... ....... .....
Lost Ticket Fee
.........
( 23.00
Surface lot fees:
Month) all day permits, per month
60.00
... ........................ ......_.
_ ......... __......... .._ ........................... ............ ........... ..............
Monthly all day permits (annual advance payment), per
... ....... ...... ........_.. ...........
684.00
year
Monthly off hours permits (after 5:00 P.M., Monday
54.00
through Friday, all day Saturday and Sunday), per
month - all city surface lots
Ordinance No. 13 -4535
Page 2
Parking meter fees: (except as otherwise marked)
Central business district on street meter, per hour
1 50
.........__.....
....._. .... ..................... ......... . ............11
Central business district lot meter, per hour
1 .... _. .1111..
j 1.50
100 - 300 blocks of East Jefferson Street, per hour-
1.50
100 - 200 blocks of North Clinton Street, per hour
1.00
... ..... ......... ... ..... ..
10 block of West Court Street, per hour
1.00
10 - 300 block of East Court Street, per hour_
1.00
.._ ._�.�..____.__�__
300 block of South Linn Street, per hour
1.00
.... _..._........_ .1111. .1111. .... .... . .........._ . .. ._.111 ... 1 .
300 block of South Dubuque Street, per hour
1.00
300 block of South Clinton Street, per hour
1.00
100 - 300 blocks of East Market Street, per hour
1.00
.... _ _.._. -............ . _ ... .. .... __ . ..................
100 - 200 block of North Linn Street, per hour
... 1111...
..... .....................
1.00
400 block of Iowa Avenue, per hour
�� 1.00
_ _ .1.1.1.1_ _
Market Street and Schuman parking lots, per hour
..
�������� 1.00
............. 1.1.11._. ..1111. .. 1.111 .........
Peripheral lot meter (outside central business district),
0.75 j
i
per hour
Peripheral on street meter (outside central business
0.75
district), per hour
-Fee for contractor reservation of space, per day
j 20.00
....... . ...._ ..... ........ ...
Moped /Scooter /Motorcycle Permit (Annual permit)
..
January 1, 2014 - December 31, 2014
70.00
January 1, 2015 -
90.00
........ ......... ......... ...._.... .. ......... ..
Fines for parking violations:
I
Overti me parking
_ 10.00
Commercial loading zone _
25.00
.. .......1.111.. ....... _. .........
Expired meter
St...... _ 1111.. ........ ....._ ..
1 citation each period warning
2nd citation each period: 7.00
Each period runs from July 1st until June 30th of the
3`d citation each period: 12.00
subsequent year.
4th citation each period: 15.00
5th citation each period: 20.00
i 6th + citation each period: 25.00
.....1...1.11.. ..._..._ __.._..____ .............................. ......__.._.. _
Prohibited zone
....111.1. _.........__ . ..... ........_... . _ ........ .........
15.00
Illegal parking - handicapped parking space
100.00, or as specified in Iowa
Code Section 321.236(1)(b), as
( amended, for violations of Iowa
Code Section 321 L.4(2)
1 hour restricted zone, City Hall lot
� _ 10.00
.11.11 1..., .1111
...1111... ......... ......... ................ _..._... __ .........
Library patron only parking
..... ......... ......... 1
10.00
Library outside book drop off only
10.00 first offense
20.00 second and subsequent
offense
Parking in passenger loading zone
; 15.00
All other illegal parking violations
15.00
....... _.......... ........................................... .....
Increases: 30 days after issue, all parking violations, if
i Original ticket amount + $5.00
not already paid or appealed, shall increase in amount
by $5.00, or as allowed by Iowa Code Section
Ordinance No.
Page 3
13 -4535
321.236(1)(b), as amended.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1, 2013.
Passed and approved this 4th day of June , 2013.
MAYOR
ATTEST: 2)�a
CITY CtERK
Approved by
City Attorney's Office
Ordinance No. 13 -4535
Page 4
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X— Champion
x Dickens
X— Dobyns
x Hayek
x Mims
x Payne
X— Throgmorton
that the
First Consideration 5/14/2013
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 6/13/2013
Moved by Mims, seconded by Champion, that the rule requiring ordinances 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: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton,
Champion. NAYS: None. ABSENT: None.
r
®64 CITY OF IOWA CITY 11
MEMORANDUM
Date: May 29, 2013
To: Tom Markus, City Manager
From: Eric Goers, Asst. City Attorney - ---
Re: Theater addition to Entertainment Venues
As you know, the City has long strived to achieve a balance between discouraging binge and
underage drinking and encouraging legitimate live entertainment. One way in which Council
has previously facilitated this balance is by the creation of "Entertainment Venues ", which enjoy
a limited exception to the Under 21 ordinance. On nights when there is a "Show ", as defined in
our ordinance, patrons 19 and 20 years of age may stay beyond 10 p.m. to enjoy the
performance.
Presently under our ordinance, the definition of "Performer' is limited to those doing at least one
of the following: playing a musical instrument, singing, performing comedy, or reading works of
poetry or prose. Our office was approached by Studio 13, a local nightclub which regularly puts
on drag show performances with professional performers, about considering whether their
performances should be included under our ordinance. While the drag shows involve heavy
use of prerecorded music and lip- syncing, there is live singing and vocal interaction with the
audience. As described by the owner of the club, the performances are grandly theatrical,
extravagant in costume, makeup and choreography, and typically involve performance on a
scale matching or exceeding that of singers, comedians, or readers of poetry or prose. After
serious consideration by our office, we concluded this form of entertainment is both an important
cultural component of Iowa City, and the type of performance that should be fostered, consistent
with treatment as an Entertainment Venue.
In order to facilitate these theatrical performances, our office has added a definition for Theater,
and added theater to the Performer definition. To help make sure the exception does not
swallow the rule, the definition of Theater includes a number of requirements to ensure that only
legitimate performances of theater are included, and that the performance is truly the focus of
attention. This includes the requirement that sufficient seating be provided to accommodate
patrons, and that no venue space be dedicated to patron dancing. We have also maintained
the exclusion of disc jockeys as Performers.
Should you have questions, please do not hesitate to contact me.
Cc: Geoff Fruin, Asst. to the City Manager
Eleanor Dilkes, City Attorney
Marian Karr, City Clerk
Sam Hargadine, Chief of Police
/1
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS,
SECTION 1, DEFINITIONS, TO AMEND THE DEFINITION OF "PERFORMER" TO INCLUDE THOSE
TAKING PART IN A PERFORMANCE OF THEATER, AND TO ADD A DEFINITION FOR "THEATER ".
WHEREAS, the City has and does wish to foster quality entertainment venues within the City; and
WHEREAS, one way in which the City has fostered said entertainment is by creating the
"entertainment venue" exception to the Under 21 ordinance; and
WHEREAS, performers of music, comedy, and poetry or prose have been considered "performers"
under our ordinance, but performers of theater have not;
WHEREAS, legitimate, live performances of theater should be included under our ordinance; and
WHEREAS, the City intends to continue to exclude disc jockeys as performers; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS,
is hereby amended be deleting the definition of "PERFORMER" in its entirety and replacing it with the
following language:
PERFORMER: Live person(s) performing for the entertainment of an audience by doing at least
one of the following:
A. Playing musical instrument(s).
B. Singing.
C. Performing comedy.
C. Reading works of poetry or prose.
E. Performing theater.
For purposes of this title, those whose primary role is to play or select
prerecorded music or content, such as disc jockeys (DJs), are not considered
performers.
TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS,
is hereby amended be adding the definition of "THEATER" as follows:
THEATER: A depiction or dramatic representation by live performers of people and /or events
real or imagined. Theater performances must provide seating with a view of the
stage sufficient to accommodate at least 50% of the occupant load. Additionally,
during the time of the show, there can be no venue space dedicated to patron
dancing, or any other patron activity other than eating, drinking, and watching the
theater performance.
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 , 2013.
MAYOR
ATTEST:
CITY CLERK
Approved 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:
First Consideration 6/4/2013
Vote for passage: AYES:
Dobyns. NAYS: None.
Second Consideration _
Vote for passage:
Date published
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
Hayek, Mims, Payne, Throgmorton,Champion, Dickens,
ABSENT: None.
City of Iowa City
MEMORANDUM
Date: May 29, 2013
To: City Council rn From. Eleanor M. Wilkes, City Att• ey TWJYI
Re: Ordinance repealing the City's Automatic Traffic Enforcement (ATE) enabling
ordinance and adopting a measure that is Similar in Substance to the Proposed
Initiative Measure Restricting the Use of Traffic Enforcement Cameras and
Drones, Automatic License -Plate Recognition Systems, and Other Kinds of Traffic
Surveillance Systems"
The above - referenced ordinance is on your agenda for first reading on June 4. In my
opinion it is "similar in substance" to the proposed initiative ordinance restricting the use of
traffic enforcement cameras and drones, automatic license plate recognition systems and
other kinds of traffic surveillance systems. The "whereas" clauses of the ordinance detail
the ambiguities in the proposed initiative and the reasons why the changes being made
are "similar in substance ". The changes to the text of the initiative ordinance are
highlighted. To summarize, the ordinance on your agenda differs from the proposed
measure in two respects:
1. The ordinance clarifies that parking violations are traffic violations and
that parking enforcement attendants as well as peace officers write
parking tickets.
2. The ordinance clarifies the definition of "automatic traffic surveillance
system or device" so it does not encompass every camera that "can" be
used to identify the ownership of a vehicle, its operator or occupants,
but rather, consistent with the remainder of the proposed measure,
prohibits the use of devices designed for the purpose of producing an
image that is used to establish the identity of the owner, operator or
occupants.
RECOMMENDATION: I recommend that Council give first reading to the ordinance on
June 4 and collapse the second and third readings on June 18 in order to adopt the
ordinance within the 60 day period required by the City Charter. My office is in the
process of working with the Director of Transportation Services to develop a policy on the
use of automatic license plate readers for parking enforcement. We are confident that the
system can be configured to comply with the ordinance. We intend to review that policy
with Council on June 18 and receive Council approval prior to implementation of the
system.
Cc: Rita Bettis, ACLU w /cc of ordinance
Petitioners
Marian Karr, City Clerk
Tom Markus, City Manager
Geoff Fruin, Assistant to the City Manager
Sue Dulek, Assistant City Attorney
v�
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," OF
THE CITY CODE BY ADOPTING AN ORDINANCE SIMILAR IN SUBSTANCE TO THE
PROPOSED INITIATIVE ON TRAFFIC ENFORCEMENT CAMERAS AND DRONES,
AUTOMATIC LICENSE PLATE RECOGNITION SYSTEMS AND OTHER KINDS OF
TRAFFIC SURVEILLANCE SYSTEMS, AND BY REPEALING ORDINANCE NO. 12 -4466
THAT ENABLED AUTOMATIC TRAFFIC ENFORCEMENT.
WHEREAS, Title VII of the City Charter provides for initiative and referendum under certain
circumstances; and
WHEREAS, on October 5, 2012, petitioners Aleksey Gurtovoy and Martha Hampel filed with the City
Clerk an affidavit to commence an initiative on the use of traffic enforcement cameras and drones,
automatic license plate recognition systems and other kinds of traffic surveillance systems; and
WHEREAS, the City Clerk certified the petition as sufficient on May 9, 2013; and
WHEREAS, if, within 60 days from May 9, 2013, Council does not adopt either the proposed initiative
measure or an ordinance similar in substance, the proposed initiative must be submitted to the voters; and
WHEREAS, on February 1, 2012 the Council adopted Ordinance No. 12 -4466 which enabled an
automated traffic enforcement (ATE) system to allow for red light automated traffic enforcement; and
WHEREAS, Petitioners failed to meet the deadlines set forth in Section 7.03(E) of the City Charter for
the filing of a referendum petition with respect to Ordinance No. 12 -4466; and
WHEREAS, nevertheless Council chooses to repeal Ordinance No. 12 -4466 because the City's use
of ATE has been delayed due to the Iowa State Department of Transportation's rule- making process for
the use of ATE on state routes, which, within Iowa City, are the high collision intersections at which ATE
would be most useful; and
WHEREAS, there are ambiguities in the proposed initiative measure; and
WHEREAS, while the proposed initiative measure is directed at traffic surveillance devices, it defines
"automatic traffic surveillance system or device" to include all cameras that "can be used" to identify a
vehicle or occupant, and therefore can be interpreted to prohibit the use of all cameras by the City; and
WHEREAS, City staff routinely use cameras for a wide variety of reasons unrelated to traffic
enforcement, such as nuisance property violations, Housing Code inspections, crime scene investigations,
and cable television shows; and
WHEREAS, as detailed below, it is not clear whether the initiative pertains to parking violations; and
WHEREAS, the initiative's definition of "qualified traffic law violation" does not expressly include
parking violations and the "databases" or "hotlists" which are a part of the definition of "automatic license
plate recognition systems" are those generated by "law enforcement agencies;" and
WHEREAS, in some instances in the Iowa Code and the City Code "traffic" includes "parking," and in
others "parking" is distinct from "traffic "; and
WHEREAS, the initiative proposes an amendment to Title 9 of the City Code, and parking regulations
are contained in Chapters 4 and 5 of Title 9; and
WHEREAS,. the initiative and Section 9 -1 -1 of the City Code do not define traffic, and Section
321.1(84) of the Iowa Code does not specifically include parking in its definition of traffic; and
WHEREAS, Section 9 -1 -1 of the City Code defines "Department" to include the Transportation
Services Department as well as the Police Department; and
WHEREAS, Section 9 -1 -1 of the City Code and Section 321.1(50) of the Iowa Code define "peace
officer" to include anyone authorized to "direct or regulate traffic;" and
WHEREAS, Section 321.236(1)(a) of the Iowa Code states that contested municipal "parking
violations" shall proceed in the same manner as "other traffic violations;" and
WHEREAS, Section 9- 1- 3A(10 -15, 17 -19) of the City Code authorizes the City Manager or designee
to install traffic control devices, including those regulating parking;. and
WHEREAS, "ticket" is defined broadly in the initiative to include any "notice of liability," and a "notice of
fine" that the City issues for parking violations is a "notice of liability," and
Ordinance No.
Page 2
WHERAS, City parking attendants as well as police officers issue notices of fine for parking violations;
and
WHEREAS, the substance of the initiative is to prohibit the use of traffic surveillance systems in the
enforcement of traffic violations unless a ticket is issued in person at the scene, and to prohibit the storage
of data from those systems unless the data pertains to a traffic violation or other criminal violation for
which a ticket, citation or arrest was issued or made at the scene; and
WHEREAS, an ordinance that adds language to clarify that parking attendants may use cameras to
enforce parking laws if they are present to witness the parking violation is similar in substance to the
initiative; and
WHEREAS, -an ordinance that adds language to clarify that the proposal does not regulate the use of
cameras by City staff for reasons other than identifying a vehicle for traffic and parking enforcement
purposes is similar in substance to the initiative; and
WHEREAS, it is in the City's best interests that its ordinances be clear and unambiguous; and,
WHEREAS, it is in the City's best interest to adopt an ordinance similar in substance to the proposed
initiative measure and to repeal Ordinance No. 12 -4466.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Ordinance No. 12 -4466 is hereby repealed.
2. Title 9, entitled "Motor Vehicles and Traffic," is amended by adding the following new Chapter 11,
entitled "Traffic Cameras, Drones, and License Place Recognition Systems ":
General: The City shall not:
A. Use any automatic traffic surveillance system or device, automatic license plate recognition
system or device, or domestic drone system or device for the enforcement of a qualified traffic law
violation, unless a peace officer or Parking Enforcement Attendant is present at the scene, witnesses the
event, and personally issues the ticket to the alleged violator at the time and location of the violation; nor
B. Store, archive, transmit, share, publish, grant access to, sell, index, cross - reference, or
otherwise aggregate, distribute, analyze, or process any data obtained through automatic traffic
surveillance system or device, automatic license plate recognition system or device, or domestic drone
system or device unless the data directly pertains to a qualified traffic law violation or other criminal law
violation for which a ticket, citation, or arrest was issued or made by a peace officer or Parking
Enforcement Attendant who was present at the scene.
Definitions: As used in this chapter:
A. "Qualified traffic law violation" means a violation of any of the following:
(1) any state or local law relating to compliance with a traffic control signal or railroad crossing
sign or signal;
(2) any state or local law limiting the speed of a motor vehicle; or
(3) any state or local law regulating motor vehicle parking.
B. "Ticket" means any traffic ticket, citation, summons, or other notice of liability, whether civil,
criminal, or administrative, issued in response to an alleged qualified traffic law violation detected or
recorded by a traffic surveillance system or device.
C. "Automatic traffic surveillance system or device" means a device or devices including but not
limited to a camera system(s) that uses any electronic, photographic, video, digital, or computer system
designed for the purpose of producing a photograph, microphotograph, videotape, digital video, or other
recorded image or digital record of a vehicle and /or its operator and /or its occupants that is used to
establish identity or ownership of a vehicle and /or identify its operator, owner, or occupants.
D. "Automatic license plate recognition system" means a computer -based system(s) that captures
an image of a license plate(s) and converts it to a data file to, be compared with databases or hot lists
generated by various law enforcement agencies, and which produces an alert when there is a match
between the collected license plate data and those databases.
E. "Domestic drone, " "drone, " or "unmanned aerial vehicle" means an aerial vehicle that does not
carry a human operator that can fly autonomously or be piloted remotely that is equipped with one or more
on -board cameras or other sensors for registering, observing, or recording persons, objects, or events or
for transmitting such information as it is occurring or thereafter.
F. "Parking Enforcement Attendant" means agents or employees designated to enforce the parking
ordinances of the City.
Ordinance No.
Page 3
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 12013.
MAYOR
ATTEST:
CITY CLERK
A roved 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 6/4/2013
Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
i-)',/
Marian Karr
From:
Matthew J. Hayek <mhayek @hhbmlaw.com>
Sent:
Tuesday, June 04, 2013 11:54 AM
To:
Marian Karr
Subject:
FW: red light cameras save lives
From: Matt Hayek [mailto:Matt- Hayek @iowa - city.org]
Sent: Tuesday, June 04, 2013 8:34 AM
To: Matthew J. Hayek
Subject: FW: red light cameras save lives
From: The Rutherfords [ mailto :kjrutherfordOlOgmail.com]
Sent: Tuesday, June 04, 2013 12:00 AM
To: Matt Hayek; Rick Dobyns; Jim Throgmorton; Michelle Payne; Susan Mims; Terry Dickens
Cc: Rutherford, John G
Subject: red light cameras save lives
Dear Council Members. I write in support of having red light cameras in Iowa City. I see people running
yellow and red lights every day -- and I'll bet you do also -- and each time I know they could have stopped. It's
appalling. We had a young driver in our extended family T -boned at an intersection by someone running a red
light and barely escape serious injury. A yellow light means stopping if you can safely do so. It does not mean
to accelerate. I think drivers need to know there are consequences for this behavior.
I don't see this vote as an issue of big government or big brother overstepping our rights but instead of local
government supporting what we see as something that will protect our citizenry. Please vote to support red
light cameras.
Thank you!! - -John
John Rutherford
1717 E. College St
Iowa City, IA 52245