HomeMy WebLinkAbout2015-04-07 OrdinancePrepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, I�; 319-356-5240
(REZ14-00008) -
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Nieronymus Family Partnership, has requested a rezoning of property
located near the northwest corn of Muscatine Avenue and Scott Boulevard from Lo Density Single
Family Residential (RS -5) to Low D nsity Multi -Family Residential (RM -12); and
WHEREAS, this 1.36 acres was hown as right-of-way adjacent to an RM -12 ned lot on the Terra
Verde Final Plat; and
WHEREAS; in lieu of Terra Verde, t e applicant has submitted Silver pe, a new plat, showing a
change to the street configuration resultin in this 1.36 acres being incor orated into the adjacent multi-
family lot; and
WHEREAS, the existing RM -12 zonk to which this prop rty is being added is subject to the
Conditional Zoning Agreement recorded at Boo 4723, Page 9062912 in the records of the Johnson County
Recorder's Office, requiring that sidewalks be instVIled adjacen o Muscatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde is paved, a d requiri that the multi -family buildings be constructed
in substantial compliance with a November 30, 201 site p n and building elevations; and
WHEREAS, a Conditional Zoning Agreement is
Terra Verde final plat including Terrance Lane tWe
Avenue at the time Silver Lane, the replacement
WHEREAS, the Planning and Zoning
recommended approval.
NOW, THEREFORE, BE IT ORDAIN
SECTION I APPROVAL.
incorporated herein, property dE
of Low Density Single Family R
THE CITY
ssary to reflect the change in the vacation of the
that sidewalks be installed adjacent to Muscatine
Terrance Lane, is paved; and
t to the Conditio
below is hereby rec
d (RS -5) to Low Dei
has reviewed the proposed rezoning and has
IL OF THE CITY OF IOWA CITY, IOWA:
Zoning Agreement attached hereto and
fled from its current zoning designation
Multi -Family Residential (RM -12):
Commencing at the EM
Quarter Corner of Section 13, T wnship 79 North, Range 6 West, of the
Fifth Principal Meridiahence S87°35'12"W, along the S th line of the Northeast One
of
said Section 13, a istance of 50.00 feet, to the POINA OF BEGINNING; Thence continuing
S87°35'12"W, alon said South line, 340.00 feet, to the South as corner of a Tract of Land described
in the Warran/easterly,
ed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County
Recorder's OThence N01 °30'01 "W, along the East line of aid Warranty Deed, and its Northerly
extension the527.19 feet; Thence N44°52'58"E, 80.43 f t; Thence S45°07'02"E, 28.16 feet;
Thence Sou 173.66 feet, along an arc of a 1 0.00 foot radius curve, concave
Northeasterljr, whose 164.12 foot chord bears S78°17'00"E; The ce Northeasterly, 90.67 feet, along
an arc of a 150.00 foot radius curve, concave Southeaster) ,whose 89.30 foot chord bears
N85°52'01 "E; Thence S76°48'58"E, 13.77 feet, to a point on the st line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Surrey, as recorded in lat Book 19, at Page 84, in said
Records; Thence S01 °30'01 "E, along said West line, 33.29 feet; ence S88029'59"W, 279.96 feet;
Thence S01°30'01"E, 434.89; Thence N88°23'07"E, 279.96 feet, o a point on said West line of
Parcel "3"; Thence S01°30'01"E. along said West line, 52.29 feet, o said POINT OF BEGINNING,
containing 1.36 acres, more or less, and subject to easements and re trictions of record.
SECTION Il. ZONING MAP. The building official is hereby authorized and Virected to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon thfinal passage, approval and
publication of the ordinance as approved by law.
P-'
1
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ14-00008)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property
located near the northwest corner of Muscatine Avenue and Scott Boulevarp from Low Density Single
Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); an
WHEREAS, this 1.36 acres was hown as right-of-way adjacent to RM -12 zoned lot on the Terra
Verde Final Plat; and
WHEREAS; in lieu of Terra Verd the applicant has submitte Silver Slope, a new plat, showing a
change to the street configuration res ting in this 1.36 acres bei incorporated into the adjacent multi-
family lot; and
WHEREAS, the existing RM -12 one to which this roperty is being added is subject to the
Conditional Zoning Agreement recorded at ook 4723, Page 06-912 in the records of the Johnson County
Recorder's Office, requiring that sidewalks installed adja nt to Muscatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde is pa d, and requ' ing that the multi -family buildings be constructed
in substantial compliance with a November 3 2010 site an and building elevations; and
WHEREAS, a Conditional Zoning Agreem nt iscessary to reflect the change in the vacation of the
Terra Verde final plat including Terrance Lane re ire that sidewalks be installed adjacent to Muscatine
Avenue at the time Silver Lane, the replacement ktr& for Terrance Lane, is paved; and
WHEREAS, the Planning and Zoning Cor>ir fission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY T E CIT\nal
UNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject t the CoZoning Agreement attached hereto and
incorporated herein, property described be w is herelassified from its current zoning designation
of Low Density Single Family Residential S-5) to Lonsity Multi -Family Residential (RM -12):
Commencing at the East Quarter orner of Section Township 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence 87°35'12"W, along ti, South line of the Northeast One -Quarter of
said Section 13, a distance o 50.00 feet, to the P INT OF BEGINNING; Thence continuing
S87035'12"W, along said South ine, 340.00 feet, to the Soytheast corner of a Tract of Land described
in the Warranty Deed, as reco ded in Book 1146, at Page 9, in the Records of the Johnson County
Recorder's Office; Thence NO °30'01"W, along the East line f said Warranty Deed, and its Northerly
extension thereof, 527.19 fe t; Thence N44°52'58"E, 80.43 eet; Thence S45°07'02"E, 28.16 feet;
Thence Southeasterly, 17 .66 feet, along an arc of a 50.00 foot radius curve, concave
Northeasterly, whose 164.2 foot chord bears S78'11 7'00"E; Th nce Northeasterly, 90.67 feet, along
an arc of a 150.00 foot/ radius curve, concave Southeaster ,whose 89.30 foot chord bears
N85°52'01"E; Thence S70b48'58"E, 13.77 feet, to a point on the W st line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Survey, as recorded in t Book 19, at Page 84, in said
Records; Thence S01° '01"E, along said West line, 33.29 feet; Th ce S88°29'59"W, 279.96 feet;
Thence S01 °30'01 "E, 434.89; Thence N88°23'07"E, 279.96 feet, to point on said West line of
Parcel "3"; Thence SM030'01"E. along said West line, 52.29 feet, to s 'd POINT OF BEGINNING,
containing 1.36 acres, more or less, and subject to easements and restricti ns of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement 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 i conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of a Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudica 'on shall not affect the vali ity of the Ordinance as a whole or any
section, provision or part thereof not a( dged invalid or unconstitu onal.
SECTION VII. EFFECTIVE DATE. This Ordinance shall b in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
MAYOR
ATTEST:
CITY CLERK
Ap p6ed b
�f
City Attorney's Office
Ordinance No.
Page
It was moved by
Ordinance as read be adopted, and
AYES: NAYS:
and seconded by
t roll call there wer :
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03 / 2 3/ 2 l 5
Vote for passage: AYES: Dic ens , Dobyns , Hayek, Mims, Payne,
Throgmorton, Botchway NAY : None.. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made�fween the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieron mus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is he legal title holder 01 approximately 1.36 acres of property
located at north of Muscatine A nue and west of Scot Boulevard; and
WHEREAS, the Owner h s requested the re oning of said property from Low Density
Single -Family Residential (RS -5) t Low Density Mul I -Family Residential (RM -12); and
WHEREAS, the Planning a d Zoning C mission has recommend approval of the
rezoning of this property form RS -5 t RM12; an
WHEREAS, the existing RM -1 zone t which this property is being added is subject to
the Conditional Zoning Agreement rec rded Book 4723, Page 906-912 in the records of the
Johnson County Recorder's Office, re irin that sidewalks be installed adjacent to Muscatine
Avenue and Terrence Lane at the time rr nce Lane in Terra Verde is paved, and requiring that
the multi -family buildings be constructed i substantial compliance with a November 30, 2010 site
plan and building elevations; and
WHEREAS, a Conditional Zon' g greement is necessary to reflect the change in the
vacation of the Terra Verde final pi t incl ding Terrance Lane to require that sidewalks be
installed adjacent to Muscatine Av nue at the time Silver Lane, the replacement street for
Terrance Lane, is paved; and
WHEREAS, Iowa Code 414.5 (2013) rovides that the City of Iowa City may impose
reasonable conditions on gran ng an applican 's rezoning request, over and above existing
regulations, in order to satisfy blic needs cause by the requested change; and
WHEREAS, the Ow er acknowledges t
reasonable to ensure the d velopment of the pn
Plan and the need for pede
tri connections; and
WHEREAS, the Oner agrees to develop this
conditions of a Condition I Zoning Agreement.
NOW, THEREFORE,/i consideration of the mutual
agree as follows: /
certain conditions and restrictions are
v is consistent with the Comprehensive
in accordance with the terms and
ises contained herein, the parties
Hieronymus amily Partnership, LLC is the legal t le holder of the property legally
described a : Commencing at the East Quarter Corner f Section 13, Township 79 North,
Range 6 W t, of the Fifth Principal Meridian; Thence S87°3 '12"W, along the South line of the
Northeast - ne-Quarter of said Section 13, a distance o 50.00 feet, to the POINT OF
BEGINNING; Thence continuing S87°35'12"W, along said outh line, 340.00 feet, to the
Southeast corner of a Tract of Land described in the Warranty D ed, as recorded in Book 1146,
at Page 59, in the Records of the Johnson County Recorder's `Office; Thence N01 °30'01 "W,
along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet;
Thence N44052'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet; Thence Southeasterly, 173.66
feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord
nnrtadm/ant/rnndirinnal zonino aareement- hieronvmus.doc
bears S78o 17' 00n E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77
feet, to a point on the West line of Parcel "T' of the Ralston Creek South Property Acquisition Plat
of Survey, as recorded in Plat Book 19, at Page 84, in said Records; hence S01'30'01 "E, along
said West line, 33.29 feet; Thence S88°29'59"W, 279.96 feet; T ence S01 °30'01 "E, 434.89;
Thence N88023'07"E, 279.96 feet, to a point on said Wes line of Parcel "3"; Thence
S01 °30'01 "E. along said West line, 52.29 feet, to said POINT BEGINNING, containing 1.36
acres, more or less, and subject to easements and restrictions record.
2. In consideration of the City's rezoning the sub
development of the subject property will conform
chapter, as well as the following condition: A sidev
Avenue shall be extended from Juniper Drive toS
sidewalk concurrently(Iwith the construction of E
property described ab ve and in Ordinance 11- 22
3. The Conditional Zoning greement reco
amended as follows: Th condition ste
sidewalk described above 6ball be requ
installed on the property d cribed in
Ordinance 11-4422. All otherditionsl
yn
remain in full force and effect. ;/
of property, Owner agrees that
6 all requirements of the zoning
,lk on the north side of Muscatine
Boulevard. Owner shall install said
public improvements installed on
/ at Book 4723, Page 906-912 is hereby
in Paragraph 3(a) therein to install the
at the time the public improvements are
/said agreement and rezoned according to
of said agreement not amended herein shall
4. 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. In the event the subject property is tra
redevelopment will conform with the term
6. This Conditional Zoning Agreement shall k
land and with title to the land, and shall rer
title to the land, unless or until released of i
Tthis agreement shall inure to the benefit
and assigns of the parties.:'
sferred, sold, redeveloped, or subdivided, all
of this Conditional Zoning Agreement.
deemed to be a covenant running with the
in in full force and effect as a covenant with
Ord by the City of Iowa City.
of end bind all successors, representatives,
7. Nothing in this Conditional Zoning Agreement sh II be construed to relieve the Owner or
Applicant from complying with all other applicable ocal, state, and federal regulations.
8. This Conditional
ordinance rezoning
ordinance, this agr(
the Applicant's expo
Dated this day of
CITY OF IOWA CITY
Matthew Hayek, Mayor
ig Agreement shall be
subject property, and that
nt shall be recorded in the
nndadm/aat/conditional zoning aqreement- hieronymus.doc 2
20
orated by reference into the
adoption and publication of the
;on County Recorder's Office at
OWNER:
HierInftus F,*iliPartnership, LLC
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office 3 /t I /o -
CITY OF IOWA CITY ACKNOV
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was
Hayek and Marian K. Karr as
MENT:
Before me on , 20_ by Matthew J.
nd City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
Hieronymus Family P nership, LLC A knowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
'L6 r��� �� ��-- `� before me, the undersi ned, a Notary Public
On this � day o 20 � ' 9
in and for the State of Iowa, personally app e ed h A 16-0- H 'e ror) muS to me
personally known who being by me my sworn, did say that thej person is
�l�te�►ti�x ; i1 j r e-(- (title) of Hie nymus Family Partnership, LLC, and that said
instrumen wa$ signed on be alf of the said limit liability company by authority of its managers
and the said fi` t 1c 1)1 r 0 r acknowledged the execution of said instrument to be the
voluntary act and dee' of id limited liability company by it voluntarily executed.
oodadm/aWconditional zoninq agreement- hieronymus.doc 3
Nntnry Pi Hir in and for the State of Iowa
oodadm/aot/conditional zoninq agreement- hieronymus.doc
expires:
KE_LLIfi K. TUTTLE
' ,cmriis
T:n "!umber 221819
�y Cou m ssio Expires
6b
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00001)
ORDINANCE NO. 15-4612
AN ORDINANCE CONDITIONALLY REZONING 3.97 ACRES OF PROPERTY FROM INTENSIVE
COMMERCIAL (CIA) ZONE TO RIVERFRONT CROSSINGS — SOUTH GILBERT (RFC -SG) LOCATED
AT 1201 S. GILBERT ST. (REZ15-00001)
WHEREAS, the applicant, 1201 Gilbert LLC, has requested a rezoning of property located at 1201 South
Gilbert Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — South Gilbert (RFC -SG); and
WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an
integral part of the City's Comprehensive Plan and the subject property is located in the South Gilbert
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the Riverfront Crossings — South Gilbert (RFC -SG) Zone was developed to help implement
the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more
pedestrian -friendly character along Gilbert Street by enhancing the streetscape and overall aesthetics,
tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the
side of buildings, and creating a place where people can live close to the Iowa River, Ralston Creek and a
proposed riverfront park, and to shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in a significant increase in the residential population in the
area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian
streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right-
of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert
Street, and for access to parking areas interior to the block will be needed to ensure public safety and to
provide a more attractive environment for residential living; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Gilbert
Street right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk and
an public access easement is granted to establish a rear lane for vehicular access to parking areas and
future traffic circulation between neighboring 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 have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs
caused by the requested development to ensure appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Intensive
Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG):
LEGAL DESCRIPTION
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF
COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's
Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book
16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along the
West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 001'45"E along
said West Line, 360.00 feet; Thence S88'41'01 "W, 450.00 feet; Thence N08000'11"E, 445.88 feet, to a
Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88041'01 "E,
along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence
N88041'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
Ordinance No. 15-4612
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 111. 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 7 th day of April , 2015.
��^
MAYOR
ATTEST: / IV 4A�-.) 2e
CITY CLERK
Ap oved by
City Attorney's Office ����
Ordinance No. 15-4612
Page 3
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 03/23/2015
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 04/16/2015
Moved by Mims, seconded by Throgmorton, 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: Dickens, Hayek, Mims, Payne, Throgmorton, Botchway.
NAYS: None. ABSENT: Dobyns.
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), 1201 Gilbert LLC (hereinafter "Applicant"), and Miller and Maske LLC
(hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 3.97 acres of property
located at 1201 S. Gilbert Street in Iowa City; and
WHEREAS, the Applicant has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure an appropriate environment for residential living, including access to parks,
trails and public space amenities, improved pedestrian and bicycle safety and comfort and to
provide for safe traffic circulation upon redevelopment, 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, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan and the need for a safe,
attractive, and comfortable environment for residential living, including access to parks, trails,
and public space amenities, and improved pedestrian, bicycle, and vehicular routes.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Miller and Maske LLC is the legal title holder of the property legally described as follows:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S
ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of
Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page
84, of the Records of the Johnson County Recorder's Office; Thence S01 001'45"E, along
the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing
S01 °01'45"E along said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet;
Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line
of said Vacated Block Three; Thence N88°41'01 "E, along said Westerly Extension and
North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence N88°41'01 "E, 120.00
feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
1 of 4
of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and
Riverfront Crossings Master Plan, and the Owner intends to comply therewith. 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 and Applicant agree
that development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions to be satisfied upon redevelopment of the
property:
a) Prior to the issuance of any building permit, Owner shall dedicate land necessary for
the pedestrian street rights-of-way, Ralston Creek pedestrian street, and Gilbert Street
right-of-way improvements, as shown in the Downtown and Riverfront Crossings
Master Plan, as follows and as illustrated on the "Block 6" Exhibit, attached hereto and
incorporated herein:
i. 40' of land dedication along the Gilbert Street frontage; and
ii. 11' of land dedication along the northern property line; and
iii. 35' of land dedication along the southern property line; and
iv. 30' of land dedication along the west property line as measured from the top of
bank of Ralston Creek.
b) Prior to issuance of any building permit, Owner shall grant a 30 -foot wide public cross -
access easement in a location running the length of the property parallel to Gilbert
Street to be located between an area that is 122 feet west of the current east property
line and 166 feet west of the current east property line (as illustrated on the attached
Block 6 Exhibit), the exact location therein to be determined by the City, the purpose of
which is to provide traffic circulation and access to rear parking areas for the subject
property, as well as for adjacent properties located along Gilbert Street from Kirkwood
Avenue to Highway 6. At the time of development of the subject property, Owner shall
pave this public cross -access easement with a minimum 20 -foot wide private rear lane
that provides access to parking areas located behind buildings as illustrated on the
"Block 6" Exhibit, attached hereto and incorporated herein.
4. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. 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.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
8. 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.
2of4
9. 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 7th day of April
CITY OF IOWA CITY
Matthew J. Hayek, Mayo
Attest:
Mari'an K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
2015.
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This instrument was acknowledged before me on 4pr) / �2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
. KC- /� /, Iqle
Notary Public in and for the State of Iowa
(Stamp or Seal)
r a'at :IKEL�LIE K. T:r2
E�,Title (and Rank) �� CcmiFn Plum1819Po ssi resa1049R
My commission expires:
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MILLER AND MASKE LLC ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on Nko row 7-c 2015
by '1 5144 - (Name(s) of individual(s) as
�J�,�p�,✓ (type of authority, such as officer or trustee) of
of MILLER AND MASKE LLC
�ary
Public in and for said County and State
(Stamp or Seal) 4PP� sF RACHEL A. MILLER
Commission Number 776867
My Commission Expires
Title (and Rank) February 5, 2016
My commission expires: Z,6;-
1201
5
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on Vvj.rJV. ZJ 2015
by WNN, (Name(s) of individual(s) as
rna�.
or (type of authority, such as officer or trustee) of
1201 GILBERT LLC.
Notary Publif in and for the State of Iowa
(Stamp or Seal) [*:!7Wnn:W6nY BURG
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Title (and Rank)
My commission expires: P- 3/- /G
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Prepared by: Tim Hennes, Senior Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122
(REZ15-00003)
ORDINANCE NO. 15-4613
ORDINANCE REZONING APPROXIMATELY 0.275 ACRES LOCATED AT 800 S. DUBUQUE ST.
FROM INTENSIVE COMMERCIAL (CI -1) TO NEIGHBORHOOD PUBLIC (P-1). (REZ15-00003)
WHEREAS, the applicant; Johnson County, has requested a rezoning of property located at 800 S.
Dubuque St. from Intensive Commercial (CI -1) to Neighborhood Public ( P-1); and
WHEREAS, the Comprehensive Plan indicates that the property is designated public use; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval of this rezoning; and
WHEREAS, the applicant intends to consider and incorporate Riverfront Crossings design standards into
its development of this property to the extent that it is able.
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 Intensive Commercial (CI -1) to Neighborhood Public (P-1):
Lot 8 of Block 28 County Seat Addition, 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.
Passedand approved this 7th day of April, 2015.
MAYOR
ATTEST:
CITY CLERK
Appro ' d by /
ity Attorneys Office
Ordinance No. 15-4613
Page 2
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 Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 03/23/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration ---------------------
Vote for passage:
Date published 04/16/2015
Moved by Mims, seconded by Payne, 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, Botchway, Dickens. NAYS: None. ABSENT: Dobyns.
6d
Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5120
ORDINANCE NO. 15-4614
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT
STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL
ZONES.
WHEREAS, the stated purpose of the Zoning Code sign regulations is to provide a reasonable
opportunity for all sign users to display signs without interference from other signage and to provide fair
and equitable treatment for all sign users; and
WHEREAS, current sign regulations regarding the placement of portable signs restrict that placement to
private property or sidewalk cafes; and
WHEREAS, these restrictions create a perception of unfairness for those business owners who do not
have an available area of private property due to building placement or whose businesses are not located on
the ground floor of a building; and
WHEREAS, it is reasonable to allow portable signs on City right-of-way, subject to certain limitations
regarding the size, location and illumination; and
WHEREAS, the proposed standards will protect and maintain a minimum unobstructed pedestrian walk
way of 8ft; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign
ordinance and recommend approval; and
WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest.
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 -5B -8E, Table 56-4, "Sign Specifications and Provisions in the CB -2, CB -5 and
CB -10 Zones," by deleting the row that addresses "Portable signs" and substitute in lieu thereof:
Up to one non -illuminated portable sign is allowed per
storefront. A maximum of one additional sign is allowed
for businesses not located on the ground floor, which
may be for one or more of those businesses.
The sign must be placed 1) on private property; 2) within
or on the fenced delineated area of a sidewalk caf6; or 3)
on City right-of-way within 30 inches of the front fagade
wall and/or front property line of the building containing
the business.
The sign may not block access to any doorway.
6 sq. ft. per sign face.
When placed on City right-of-way, a clear, unobstructed
Portable sign
May be double-faced fora
Oft
8ft path between the sign and any streetscape amenities,
total area of 12 sq ft.
planters, delineated sidewalk caf6 areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on a fence for sidewalk
caf6.
Ordinance No. 15-4614
Page 2
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 7th day of April 2015.
ATTEST: /
CITY CLERK
App ved by
City Attorneys Officea/�/�S
Ordinance No.
Page 3
15-4614
It was moved by Payne and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS: ABSENT:
x
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 03/09/2015
Vote forpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration 03/23/2015
Vote forpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Date published 04/16/2015
Marian Karr
From: hk7468@yahoo.com
Sent: Wednesday, April 01, 2015 3:00 PM
To: Council
Subject: Zoning Code and Portable Sign Advertisements
Dear Members:
I am writing to ask you to keep the current ordinance that prevents the use of portable signs downtown. I understand
that many business owners support the use of the signs and that enforcement of the current ordnance has become an
issue. However, the sidewalks are for pedestrians, and as you know, foot traffic can be quite high downtown. Anything
that impedes pedestrians has no business being on the sidewalks. Downtown Iowa City businesses are great, but we
don't need anything impeding our path to get to them.
Sincerely,
Kellie Haigh
409 James Blvd NW #2
Oxford, IA
319-828-5017
This correspondence will become a public record.
Sent from my iPhone
�It o�I CITY OF IOWA CITY 04-07-15
---- ="WIM
MEMORANDUM
Date: April 1, 2015
To: City Council
From: Tom Markus, City Manager
Re: City Department Realignment
During the January 10, 2015 budget work session, I outlined a realignment of divisions between
the Public Works and Transportation Services departments. This would result in the relocation
of oversight responsibilities of the Landfill and Refuse Collection staff and operations out of
Public Works and over to Transportation Services.
In our discussion on January 10, 1 outlined my concerns centered on the span of control of the
Public Works Department and the burden that resulted for the director. Multiple retirements that
occurred in that department prior to January 1St created the opportunity to evaluate scenarios to
address the span of control in order to create a better balance of management within our
organization. This realignment will result in a name change for the Department of
Transportation Services to the Department of Transportation and Resource Management. We
feel that Resource Management shifts the thought process from "dump" to an integrated solid
waste management program focused on initiatives to reduce the amount of reusable materials
that make their way to our landfill.
The most significant staffing change will be the elimination of the Wastewater and Landfill
Superintendent and the creation of a Wastewater Superintendent and a Resource Management
Superintendent. We were in a unique position of having an employee in place that had the
knowledge of both Wastewater and Landfill operations but was spread incredibly thin. The
continual evolution of waste management programs coupled with the additional responsibilities
of the refuse collection operations led us to the conclusion to go this direction.
If authorization of this realignment is granted, I am seeking to make the following changes to the
City's staffing plan:
1. Elimination of the Transportation Services Director position (Grade 33)
2. Elimination of the Wastewater and Landfill Superintendent position (Grade 30)
3. Creation of the Transportation and Resource Management Director position (Grade 34)
4. Creation of the Wastewater Superintendent position (Grade 30)
5. Creation of the Resource Management Superintendent position (Grade 30)
It would be my intent to fill the Transportation and Resource Management Director position by
appointment and then begin the process of filling the two Superintendent positions. My intent is
to have completed this transition by July 1, 2015, understanding that not all items may be
complete at this time. The directors' of Public Works and Transportation Services have been
discussing the operational details that need addressed and have been working on a plan to get
the realignment implemented should that be the direction authorized by City Council.
As mentioned earlier, these were discussions that we engaged in during the January 10, 2015
budget work session and we feel that they will allow the organization to operate at a higher
level, thus allowing us to better achieve the City's strategic goals.
Prepared by: Chris O'Brien, Director of Transportation Services, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5156
ORDINANCE NO.
ORDINANCE AMENDING TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE
SERVICE DEPARTMENTS, SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS
ORGANIZED: TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND
TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED
POSITIONS.
WHEREAS, restructuring within the City organization to realign the Landfill and Refuse divisions from
the Public Works Department into the Transportation Services Department, creating the Transportation
and Resource Management Department will result in name changes to departments and the department
head; and
WHEREAS, during the City Council's budget work session, this realignment was identified as a way
to enhance City operations; and
WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the
names of departments and the titles of said department heads within the City and to extend the powers
and duties of the former positions to the revised positions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
A. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS,
SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, is hereby
amended by striking Department of transportation services and Director of transportation services
and replacing with Department of transportation and resource management and Director of
transportation and resource management;
B. TITLE 1, ADMINISTRATION, CHAPTER 8, ADMINISTRATIVE SERVICE DEPARTMENTS,
SECTION 1-8-1, ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED, shall be further
amended by adding the following provision at the end of Section 1-8-1. "After July 1, 2015, any
reference to Director of transportation services shall mean the Director of transportation and
resource management, with the latter having all of the powers and duties granted to the former
under the provisions of this code."
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. 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 2015.
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:
First Consideration
Vote for passage:
Throgmorton.
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
04/07/2015
that the
AYES: Botchway, dickens, Hayek, Mims, Payne,
NAYS: None. ABSENT: Dob.yns.
04-07-15
10
Prepared by: Dennis Bockenstedt, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO. 15-4615
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 364, Code of Iowa (2013), the City of Iowa City provides certain solid
waste disposal services at the municipal landfill; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste
disposal services at the municipal landfill; and
WHEREAS, the Iowa City City Council proposes to increase landfill use fees for solid waste disposal by
$4.00 per ton, and to increase the minimum solid waste disposal fee (160 pounds or less) by $.25 per load
on July 1, 2015, to adequately finance municipal landfill operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the fee for the following items: Landfill user fees from $38.50 per ton to $42.50 per ton for
Iowa City residents; from $43.50 per ton to $47.50 per ton for all others. The minimum fee for solid waste
disposal(160 pounds or less) from $3.00 to $3.25 for Iowa City residents and from $3.25 to $3.50 for all
others.
SECTION ll. 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. All rate changes will be effective July 1, 2015.
Passed and approved this 7th day of AT)ril 2011
dS Approved by
MAYOR l ?
ATTEST: tiJ d (�
CITY CLERK City Attorney's Office
Ordinance No. 15-4615
Page 2
It was moved by Mims and seconded by Pa
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
—x
x
x
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/23/2015
Vote for passage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration ------------------------
Vote for passage:
Date published 04/16/2015
Moved by Mims, seconded by Payne, 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: Dickens, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: Dobyns.
04-07-15
11
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH PROVISIONS FOR
FOOD TRUCK VENDING ON CITY STREETS.
WHEREAS, in 2014 the City engaged in a pilot project for food truck vending;
WHEREAS, food truck vending should be allowed on City streets except in certain restricted areas,
including the downtown area, residential areas, and within 150 feet of any restaurant; and
WHEREAS, it is in the City's best interest to establish a permitting system to allow food truck vending
on City streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby
amended to add a new Section 16, entitled "Food Trucks" and will read as follows:
A. Definitions
Downtown Zone. The areas illustrated on the map at the end of this section.
Food Truck. A motorized vehicle specially equipped to prepare and sell food items to the general
public.
Truck Permit. Written authorization by the City to operate a Food Truck on public right of way as
provided in this chapter.
Operate. To offer for sale food and beverage items to the general public; it does not mean either
loading or unloading food or beverage items in bulk or other materials.
Restaurant. Restaurant as that term is defined in Section 10-3-1 of this code.
B. No person may operate a food truck on public right of way without a food truck permit as provided
herein.
C. Permit.
1. An application for a food truck permit shall be filed with the City Manager or designee on a form
provided by the City.
2. The permit shall require the permittee to pay on behalf of the City all sums which the City shall be
obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from
use of public property and the public right of way, whether sustained by any person or persons, caused by
accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the
City arising out of the use of public property and the public right of way.
3. The permit shall require the permittee to obtain insurance in an amount determined by the City's
risk manager.
4. The City Manager or designee shall grant or deny the application for a permit in writing within thirty
(30) calendar days after the application being filed. The City Manager or designee shall grant the
application and issue a permit if the requirements set forth in the administrative rules have been met.
5. The applicant may appeal the denial in the same manner as mobile vending permits in Title 10.
6. The City Manager or designee, or City Council if issued following an appeal, may revoke a food
truck permit as provided in the administrative rules. A permittee may appeal the revocation in the same
manner as appealing the issuance or denial of a permit.
7. The administrative rules may limit the number of permits granted.
8. Permits shall be issued for one (1) year.
9. The permittee shall not offer tobacco or alcoholic beverages for sale.
10. The sale, transfer, or assignment of a permit is expressly prohibited.
D. No person shall operate, and no permittee shall allow a food truck to be operated, on public right of way
in the following locations:
1. Inside the Downtown Zone;
2. Within 150 feet of an entrance to a restaurant;
Ordinance No.
Page 2
3. In a residential zone, as defined in the Zoning Code; or
4. In a loading zone.
The administrative rules may expand the areas where a food truck is prohibited from operating.
E. Notwithstanding any other provision in the code, a person may:
1. Operate a food truck in two metered spaces if the parking meters for both spaces are operational.
2. Operate for up to three (3) hours in a metered space with an established time period of two (2)
hours or less if the meter is operational,
3. Back a food truck into and park and operate it in an angled stall.
F. Fees for food truck permits shall be set by resolution of the City Council.
G. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to
carry out the provisions of this chapter. A copy of said rules shall be on file with the City Clerk and
available on the City's website.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 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 2015.
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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 03/23/2015
Voteforpassage: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Second Consideration 04/07/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: Dobyns.
Date published
z W
2
F C
Z
m
V p
"DOWNTOWN ZONE"
FOOD TRUCK RESTRICTED AREAS