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HomeMy WebLinkAbout2015-10-06 Ordinance6a Prepared by: Katie Gandhi, NDS Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00014/ANN15-00001) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 18.66 ACRES OF PROPERTY LOCATED SOUTH OF HERBERT HOOVER HIGHWAY, FROM COUNTY MULTIFAMILY RESIDENTIAL (RMF) TO 16.75 ACRES LOW DENSITY SINGLE FAMILY (RS5) AND 1.91 ACRES LOW DENSITY MULTIFAMILY (RM12). (REZ15-00014/ANN15-00001) WHEREAS, the applicant, CBD LLC, has requested a rezoning of an 18.66 acre property located south of Herbert Hoover Highway from County Multifamily Residential (RMF) to 16.75 acres Low Density Single family (RS5) and 1.91 acres Low Density Multifamily (RM12); and WHEREAS, the Comprehensive Plan and Northeast District future land use maps identify the City's intention to incorporate the subject property and the surrounding properties into the city; and WHEREAS, in compliance with the Comprehensive Plan annexation policies and subdivision regulations, the developer will be responsible for providing sanitary sewer and water service, and will contribute to the future improvement of Herbert Hoover Highway; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for a development plan to ensure neighborhood compatibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of County Multifamily Residential (RMF) to 16.75 acres of Low Density Single Family Residential (RS5) and 1.91 acres of Low Density Multifamily Residential (RM12): LEGAL DESCRIPTION - ZONING (TRACT #1) RM -12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THENCE CONTINUING S00143'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'36"W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS N28°45'31"W; THENCE N31°50'05"W, 59.61 FEET, TO A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63°12'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87°52'41"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89°41'57"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 ACRES. Ordinance No. Page 2 LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00°42'12"W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 31.12 FOOT CHORD BEARS N58°25'47"E; THENCE S31°50'05"E, 59.61 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS S28°45'31 "E; THENCE N76° 10'00"E, 190.89 FEET; THENCE N89°52'36"E, 379.09 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7; THENCE S00°43'54"E, ALONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CONTAINING 16.75 ACRES. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2015. MAYOR ATTEST: CITY CLERK A proved by Aw a City Attorneys Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 09/15/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: Botchway. ABSENT: None. Second Consideration 10/06/2015 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00014/ANN15-00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), CBD, LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 18.66 acres of property located south of Herbert Hoover Highway; and WHEREAS, the Owner has requested the rezoning of said property from County Multifamily Residential (RMF) to 16.75 acres of Low Density Single Family Residential (RS5) and 1.91 acres of Low Density Multifamily (RM 12); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for a development plan to ensure neighborhood compatibility and the installation of a pedestrian sidewalk along Herbert Hoover Highway to ensure pedestrian safety and accessibility; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 contiguous infrastructure systems, compatible development, and pedestrian accessibility; 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. CBD, LLC is the legal title holder of the property legally described as LEGAL DESCRIPTION - ZONING (TRACT #1) RM -12 COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S00°43'54"E, ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 7, A DISTANCE OF 58.60 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE, AND THE POINT OF BEGINNING; THENCE CONTINUING S00°43'54"E, ALONG SAID EAST LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE S89°52'36W, 379.09 FEET; THENCE S76°10'00"W, 190.89 FEET; THENCE NORTHWESTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE'80.50 FOOT CHORD BEARS N28045'31 "W; THENCE N31 °50'05"W, 59.61 FEET, TO A POINT ppdadm/agt/conditional zoning agreement rez15-00014.doc ON THE SAID SOUTH RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 58.92 FEET, ALONG SAID SOUTH RIGHT-OF- WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 58.89 FOOT CHORD BEARS N63°12'24"E; THENCE NORTHEASTERLY, 232.86 FEET, ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 1085.92 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 232.41 FOOT CHORD BEARS N81°15'33"E; THENCE S87052r 41„ E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 97.67 FEET; THENCE N89041'57"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.91 ACRES. LEGAL DESCRIPTION - ZONING (TRACT #2) RS -5 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE- QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N88°13'08"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 661.53 FEET; THENCE N00 4212 W, ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 7, A DISTANCE OF 1154.79 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF HERBERT HOOVER HIGHWAY SE; THENCE NORTHEASTERLY, 31.12 FEET, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 539.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 31.12 FOOT CHORD BEARS N58°25'47"E; THENCE S31 °50'05"E, 59.61 FEET; THENCE SOUTHEASTERLY, 80.53 FEET, ALONG AN ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 80.50 FOOT CHORD BEARS S28 .45'31"E; THENCE N76010'00"E, 190.89 FEET; THENCE N89052'36"E, 379.09 FEET, TO A POINT ON THE EAST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 7; THENCE S00043'54"E, ALONG SAID EAST LINE, 1116.89 FEET, TO SAID POINT OF BEGINNING, CONTAINING 16.75 ACRES. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) 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. 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: A. The developer shall provide pedestrian access along Herbert Hoover Highway connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land. The developer will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right-of-way. The final design and alignment of the sidewalk shall be subject to approval by the City ppdadm/agt/conditional zoning agreement rez15-00014.doc 2 Engineer. Modification to City standards regarding alignment, location and elevation of the sidewalk may be approved to avoid existing utilities that are not feasible to move. B. Approval of a development plan for the RM -12 zone, including a landscaping plan, exterior building designs, and site plan by the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential properties and appropriate development appearance for an entranceway to the City, will be required prior to approval of a building permit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), 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 from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 2015. CITY OF IOWA CITY Matthew J Hayek, Mayor Attest: Marian K. Karr, City Clerk App oved by: City Attorney's Office rs ppdadm/agt/conditional zoning agreement rez15-00014.doc 3 By: _ Ae levip er By: CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as CBD, LLC ACKNOWLEDGMENT: 20_ by Of , Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) State of County of This record was acknowledged before me on - (Date) by ,Te=K v (Name(s) of it ividual(s) as {;.otno 0a'I'tC/r (type of authority, such as officer or trustee) of 6 A Li /I— (name of party on behalf of whom record was executed). Notary Fublic in and for the State of Iowa (Stamp or Seal) 9 -,;t s -19 Title (and Rank) 64--, C(e+- K ppdadm/agt/conditional zoning agreement rez15-00014.doc 4 sb Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00015) ORDINANCE NO. 15-4643 AN ORDINANCE REZONING APPROXIMATELY 1.45 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) TO RIVERFRONT CROSSINGS - WEST RIVERFRONT (RFC -WR) ZONE LOCATED AT THE NORTHWEST CORNER OF BENTON STREET AND RIVERSIDE DRIVE (REZ15- 00015). WHEREAS, the applicant, Kum & Go, L.C., has requested a rezoning of property located at the NW corner of West Benton Street and South Riverside Drive from Community Commercial (CC -2) to Riverfront Crossings - West Riverfront (RFC -WR); 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 West Riverfront Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings - West Riverfront (RFC -WR) 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 Riverside Drive 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 and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in redevelopment that will significantly increase vehicular, pedestrian, and bicycle traffic to the site at this intersection of two arterial streets, which are currently too narrow to provide safe pedestrian routes to accommodate this increase in commercial activity; and WHEREAS, the current site has multiple driveways that access Benton Street and Riverside Drive that do not meet current access managements standards with regard to vehicular and pedestrian safety and circulation; 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 Riverside Drive and Benton Street rights-of-way to create a larger landscape buffer, between the traffic lanes and the public sidewalk and driveways are consolidated and new access points are located to address public safety concerns; and WHEREAS, Iowa Code §414.5 (2015) 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 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 Community Commercial (CC -2) to Riverfront Crossings - West Riverfront (RFC -WR): LEGAL DESCRIPTION THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA. And LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON COUNTY, IOWA; Ordinance No. - L5---4L43-Page 2 EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA And LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners 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 6th day of October 2015. MAYOR ATTEST: Zl� Y CLERK App oved by City Attorneys Office qy Z Ordinance No. 15-4643 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek g Mims g Payne x Throgmorton First Consideration 09/15/2015 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration ------------ Vote for passage: Date published 10/15/2015 Moved by Mims, seconded by Botchway, that the rule requiring ordinances of 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: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSNET: None. Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00015) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Hartwig Properties, L.L.P., Kum & Go, L.C., and KG Store 422, L.L.C. (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 1.45 acres of property located at the northwest corner of Riverside Drive and West Benton Street in Iowa City; and WHEREAS, Owners have requested the rezoning of said property from Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding traffic and pedestrian safety, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners 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 traffic and pedestrian safety along these arterial street corridors; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Hartwig Properties LLP, Kum & Go L.C. and KG Store 422 LLC are the legal title holders of the properties legally described as follows: THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA. And LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON COUNTY, IOWA; 1 of 5 EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY, IOWA; AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA And LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414, JOHNSON COUNTY, IOWA. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions in granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to the zoning code, as well as the following conditions to be satisfied prior to issuance of any building permit for the subject property: a. Owners shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive and Benton Street frontage to the City as public right-of-way; and b. The existing curb cuts to Benton Street shall be closed and no vehicular access along the Benton Street frontage shall be allowed; and c. The existing curb cuts to Riverside Drive shall be closed and a new vehicular access point established in a location away from the Benton Street intersection approved by City staff; and d. The existing curb cuts to Orchard Street shall be closed and a new vehicular access point established in a location that best meets on and off-site traffic safety and circulation needs, as determined by the City staff. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners 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 2of5 Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners 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 Owner's expense. Dated this 6th day of October , 2015. CITY OF IOWA CITY Matthew J. H yek, yor Attest: Ns 7% City Clerk Approved by: City Attorney's Office OWNERS By:' -Hartwig Pfoperties LLP By: Kum o L.C. By: KG toe 422 LLC �- 3 of 5 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on _+4D62(- lo"� 2015 by Matthew J. Hayek and Jule- \o Flclrd &cs Mayor and Cit� Clei'k, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) /,,A,-7& y abfi'c-, Oyu[ KELLIE K. TUTTLE Title (and Rank) e Commis�'.:;nNumber221819 {';` 'Ay • mm: sio Expires `f- / My commission expire . HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on '� S OX".940e , 2015 by .C�U/A) Z. 2�¢iQ%'GJ�� (Name(s) of individual(s) as )0i4AQ-N¢" (type of authority, such as officer or trustee) of of Hartwig Properties LLP. Notary ub anc(V sa' C my and State (Stamp or Seal) j ion Nunes 7317 Title (and Rank) My commission expires: /2- /- Zo&� 4 of 5 KUM & GO L.C. ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on q -F) , 2015 by (�� ;� . C�Z,�(Name(s) of individual(s) as C&;4 x,,L�7 _ (type of authority, such as officer or trustee) of Kum & Go L.C. I Notary Public in and fop4he State of Iowa (Stamp or Seal) OW NALIPHILL 7 Title (and Rank) *W My commission expires: - 195- )LP KG Store 422 LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on, 2015 byl,_� (Name(s) of individual(s) as (type of authority, such as officer or trustee) of KG Store 422 LLC 11 Notary Public in/an*r the State of Iowa (Stamp or Seal//) 110NICK HAMILL �anmUNon Nun�b.r 7�u7 Title (and Rank) My Com is am, ExPru My commission expires: 5 of 5 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 5, ENTITLED "HOUSING CODE," TO SUPPORT NEIGHBORHOOD STABILIZATION BY PROHIBITING FURNITURE ON ROOFS, ADDING STANDARDS FOR EXTERIOR BUILDING AND FENCE SURFACES, REQUIRING SCREENING OF DUMPSTERS ON MULTI -FAMILY DWELLINGS AND UNDER CERTAIN DECKS/PORCHES, LIMITING THE STORAGE OF LANDSCAPING/CONSTRUCTION MATERIAL, AND REQUIRING GFCI PROTECTED OUTLETS AND CARBON MONOXIDE DETECTORS. WHEREAS, as its strategic planning focus for 2014-15, the City Council identified fostering a more inclusive and sustainable City through a commitment to five areas, including healthy neighborhoods and a strong urban core; WHEREAS, as part of the City's ongoing efforts to foster healthy neighborhoods and a strong urban core, the Housing Code should be amended to prohibit storing and use of furniture on roofs and other surfaces above 30 inches without guard rails, establish standards for treatment of exterior surfaces of buildings, fences, and retaining walls, require areas beneath decks and porches in Historic and Conservation Districts to be screened, require screening of dumpsters on existing multi -family sites, and limit the storage of landscaping and construction material to areas not visible from the street; WHEREAS, to enhance residents' safety, GFCI protected outlets and carbon monoxide detectors should be required in all dwelling units; and WHEREAS, it is in the best interest of the City to adopt these amendments for the health and safety of home owners and tenants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION 1. AMENDMENTS. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by renumbering Subsection A2 as Paragraph a of Subsection A2 and adding the following new Paragraph b: Exterior Screening: In historic and conservation districts, porches and decks less than 5' above grade and visible from the right of way shall have under porch and under deck screening. The screening shall be required to be complementary to the dwelling as approved by the City. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection F and adding the following new Subsections F1, F2 and F3: F1: All exterior painted surfaces of a dwelling and its accessory structures, fences, porches and similar appurtenances shall be painted in a uniform, color consistent, and complete fashion. All painted surfaces shall be properly prepped to allow for paint to adhere and remain painted regardless if items are subject to decay or deterioration. (Guidelines for the removal of lead based paint are located in appendix B of this chapter.) F2: All exterior surfaces, regardless of material composition, shall be maintained in a good, safe, and sanitary condition. F-3: In historic and conservation districts, bare treated lumber is a prohibited finish for wood surfaces visible from the street. 3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by adding the following sentence to the end of Subsection I: All receptacles in kitchens and bathrooms shall have ground fault circuit -interrupter for personnel. 4. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by adding the following sentence to the end of Subsection L: Carbon monoxide alarms shall be provided in dwelling units which contain fuel -fired appliances or have an attached garage with an opening that communicates with the dwelling unit. 5. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by renumbering Subsection V1 as Paragraph a of Subsection V1 and adding the following new Paragraph b of Subsection V1: Outdoor Storage. The storage of trash bags, landscaping, construction, or compost material or any other similar materials determined by the City to create a substantial interference with the use of enjoyment of the property shall not be permitted in areas visible from the street facing right of way. 6. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by deleting Subsection V2 and adding the following new Subsection V2 in lieu thereof: Fences, screening, and retaining walls shall be maintained in a safe, structurally sound manner and shall comply with the Iowa City zoning ordinance. All wood or painted surfaces shall be painted and or stained in a uniform, color consistent, and complete fashion. All other surfaces shall be maintained in a uniform, color consistent, and complete fashion. At the discretion of the Director of Neighborhood and Development Services or designee, landscaping timbers and other related items may be exempt from this provision. 7. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by adding the following new Subsection V4: The storage and use of furniture on surfaces 30" above grade, which include but are not limited to decks and roofs, without guardrails is prohibited. 8. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is hereby amended by renumbering Subsection W as Subsection W1 and adding the following new Subsection W2: All solid waste facilities located at multi -family dwellings shall be screened with materials that are complementary to the dwelling as approved by the City. 9. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 10, entitled, "Placarding of Structures: Condemnation Referrals," is hereby amended by deleting Subsection E and adding the following new Subsection E in lieu thereof: After a reasonable period of time after a property has been placarded and no remedial action begun, the City may pursue condemnation consistent with this Code and the Code of Iowa. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2015. MAYOR ATTEST: � CITY CLERK Approved by � � � -t• C� -, �� 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 Vote for passage: Throgmorton, Second Consideration _ Vote for passage: Date published Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 06/2015 AYES: Dickens, Dobyns, Hayek, Mims, Payne, Botchway. NAYS: None. ABSENT: None. that the I 10-06-15 ����- p CITY OF IOWA CITY 12 MEMORANDUM -ftkZ 4 - -�t�Z�00 Date: September 30, 2015 To: Tom Markus, City Manager From: Stan Laverman, Senior Housing Inspector Tracy Hightshoe, Neighborhood Services Coordinator Re: Housing Code Amendments Two goals of the 2014-15 Strategic Plan are to foster healthy neighborhoods and a strong urban core. In the spring of 2015, the staff, mayor and mayor pro -tem toured the University impacted neighborhoods to determine other possible enforcement changes that would assist with neighborhood stabilization. These changes were presented and discussed at the August 18, 2015 Council work session. Council gave direction to proceed and the proposed changes were presented at the September 9, 2015 Neighborhood Council meeting and at the September 22, 2015 Greater Iowa City Apartment Association meeting. Both groups were receptive to the changes. Outlined below are proposed housing code amendments to address the items of concern. Housing Code Amendments 1. The storage and use of furniture on surfaces 30" above grade without guardrails. This change will regulate and prohibit furniture on roofs of residential dwellings while still allowing their use on properly designed exterior areas. Furniture placed/used on a roof is unsafe and contributes to the appearance of overall property neglect. 2. Exterior Surfaces. a. Exterior painted surfaces will be required to be painted in a uniform, color consistent, and complete fashion. All painted surfaces will be required to be properly prepped to allow for paint to adhere and remain painted regardless if items are subject to decay or deterioration. This change raises the minimum maintenance standard for the exterior appearance of residential properties and would protect against their decay and deterioration. b. All exterior surfaces, regardless of material composition, will be required to be maintained in a good, safe, and sanitary condition. This change allows staff to address maintenance issues as it relates to decay and deterioration (e.g. siding covered in mold/mildew will be required to be cleaned). c. In historic and conservation districts bare treated lumber shall not be an approved finish for wood surfaces visible from the street. Approved coverings for lumber will include colored stains and paints. This change brings consistency with existing building & zoning codes as they pertain to historic and conservation districts. 3. Exterior Screening. Porches and decks less than 5' off grade visible from the right of way, in historic and conservation districts, will be required to have under porch and under deck screening. The screening will be required to be complementary to the dwelling as approved by the City. Areas under decks and porches have a tendency to collect trash, debris and incidental storage. Proper screening will help with the control of this nuisance. September 30, 2015 Page 2 4. Solid Waste Facilities Screening. All dumpsters/ recycling facilities located on existing multi -family dwelling sites will be required to be screened with materials that are complementary to the dwelling and as approved by the City. This is a new requirement for existing uses and would mirror the current Iowa City zoning code screening requirements for new development. This proposed change will bring older multi -family sites into compliance with current screening standards. Enclosing dumpsters and recycling facilities will contain trash and debris in a controlled area and reduce the amount of nuisance litter in a neighborhood. This requirement will be enacted in tandem with the anticipated changes in Iowa City's solid waste ordinance, which will require recycling facilities for all multi -family dwellings, over a four year period. 5. Outdoor Storage. The storage of landscaping, construction, and compost material will not be permitted in areas visible from the street facing right of way. 6. Exterior Area Maintenance. Fences, screening, and retaining walls will be required to be maintained in a safe & structurally sound manner. All wood or painted surfaces will be required to be painted and or stained in a uniform, color consistent, and complete fashion. All other surfaces will be required to be maintained in a uniform, color consistent, and complete fashion. This change will raise the minimum maintenance standard and address the issues of dilapidation, decay, and deterioration. Landscaping timbers and other related items as approved by the City may be exempt from this regulation. Additional Housing Code Amendments related to dwelling safety The following housing code amendments are being recommended to improve dwelling safety and mirror current requirements for newly constructed dwelling units. 7. GFCI protected outlets. All receptacles in kitchens and bathrooms shall have ground fault circuit -interrupter for personnel. The requirement for GFCI protected outlets in kitchens and bathrooms has been in the building code since the late 80's and has proven to be effective in protecting occupants from electrical shock in wet locations. This housing code change will bring this proven safety feature to many older dwellings built prior to this requirement. 8. Carbon Monoxide Detector Required. Since 2010 Iowa City has required all newly constructed residential dwelling units with fuel burning appliances or an attached garage with an opening that communicates with the dwelling unit to have carbon monoxide detectors installed. This code change will bring this requirement to all residential dwellings regardless of their age. Recommendation: Staff recommends amending the Housing Code as stated. These changes are designed to address the goal of neighborhood stabilization, and increase the safety of housing in Iowa City. cc: Doug Boothroy, Director Neighborhood and Development Services k -a-, Julie Vo aril From: Marian Karr Sent: Monday, October 05, 2015 10:13 PM To: Julie Voparil Subject: Fwd: Proposed regulation of residential paint Late handout Sent from my iPhone Begin forwarded message: From: Tim Weitzel <tweitzel.email(a_gnail.com> Date: October 5, 2015 at 4:03:08 PM CDT To: <council&a iowa-city.org> Subject: Proposed regulation of residential paint Tim Weitzel 523 Grant Street Iowa City, IA 52240 October 5, 2015 City Council of Iowa City, I have a number of concerns with the proposed ordinance amendment to regulate house paint. While chairs and other furniture on elevated locations without railings and mold/mildew have actual health and safety concerns, paint has a much lower potential to cause health problems. Granted, peeling paint may contain lead, and should be handled appropriately, but at the current time Iowa City code doesn't regulate homeowners for this. Presumably we are aware that for adults lead toxicity requires long term and heavy exposure, such as living near a lead processing location or near constant contact with the element, such as occupational exposure. HUD regulations are concerned primarily about contractors occupational health and safety and children eating lead paint and the resulting concerns for health and safety, for which adults have a much, much lower risk. So it appears we are concerned with cosmetic appearance that until now even the historic preservation districts have not had to consider. It seems pretty clear from the language of the amendment all households are affected, not just those in the core of the community or that are income generating properties. So let's be clear, we are apparently seeking to regulate cosmetic appearances for all residential buildings, not just for some of the more likely nuisance properties. Further, we are likely talking about wood sided homes for the most part, not the trim on brick or stone buildings. A typical paint job for hire costs well north of $3,000, last time I got an estimate for a 1,200 square foot, 1-% story home. That was about five years ago and the process that was specified in the amendment was not appropriate for historic properties. At the same time, much of our affordable, owner occupied buildings are older and have wood siding. I am concerned we are creating an undue burden without even intending to do so. Homeowners can repaint houses on their own. The process is not technically advanced and new products are far superior to old paint for many reasons. However, it is very difficult to achieve lasting paint results, even for professionals, without removing much of the older paint, which takes time and results in high labor costs. Avoiding proper preparation, however, costs more in the long run as paint must be reapplied more frequently. The vehicle and pigment materials have changed vastly over the past hundred years. Most paint types are not compatible with earlier paint and the result is the peeling paint staff is proposing to regulate, apparently with majority consent of the Council. Now, turning to historic preservation concerns, the staff memo suggested regulation of paint will promote siding preservation. However, it also may well have the unintended consequence of increasing demand for siding replacement. The primary option for non -historic homes will likely be vinyl siding, a non-renewable product. For historic properties, demand for fiber cement board will likely increase, as it is the main replacement material allowed under the historic preservation ordinance. However, fiber cement is typically not made for lap sizes smaller than about four inches of exposure. Many historic homes have lap sizes smaller than four inches of exposure and changing that spacing removes much of the historic character of the building. Here is a case study. I have been working on painting our historic house for about 10 years. For part of that time, I was employed and working on City Commissions, but we had a couple of home improvement projects that each cost as much as the house originally cost us, not to mention interest in mortgages. We had our house professionally painted in 1995 or so, but the paint did not last, largely for the reasons I have mentioned above. More recently, we added insulation that resulted in a lot of moisture penetrating the siding and the result was again peeling paint. And finally, in repairing the porch roof and following the instructions of a contractor, the process to remove the old tar resulted again in moisture and peeling paint. Had we repainted after each of these incidents with contracted painters, the cost would be probably more than $10,000 and we have just one income and a mortgage. It is not a desire to be cheap, or to present a less than aesthetic appearance and certainly not with the intention to allow siding to decay. It simply comes down to time and money to get the appropriate paint job completed with available resources. I strongly suggest a program be established for technical assistance for Low to Moderate Income homeowners, and that financial assistance, perhaps in the form of forgivable loans or revolving loans, based on income level and that we seek to encourage preservation of existing wood siding, but in a more practical and just manner. Tim Weitzel Architectural Historian, Historian and Archaeologist Former state Historic Preservation Specialist providing technical assistance to local governments Long time home owner. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 2, ENTITLED "ALARM SYSTEMS," TO UPDATE THE PROVISIONS REGARDING ALARM SYSTEMS. WHEREAS, Title 8, Chapter 2 governing alarm systems for intruders defines alarm systems as equipment that is directly connected to the police department; WHEREAS, intruder alarms no longer are directly connected to the police department but rather are connected to private alarm companies; and WHEREAS, it is in the City's best interest to update the code provisions on intruder alarms to reflect how the alarms currently operate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, entitled "Police Regulations," Chapter 2, entitled "Alarm Systems," is deleted in its entirety and the following new Chapter 2, entitled "Alarm Systems," is inserted in lieu thereof: 1. As used in this chapter, the following definitions shall apply: Alarm System: An assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which agents of the police department are expected to respond. The term "alarm system" shall include, but is not limited to, intrusion or burglar alarms of the audible or direct line radio or electronic type. Alarm User: Any person on whose premises an alarm system is maintained. False Alarm: The activation of an alarm system not by breaking and entering, but by careless use, technical failure, equipment malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his or her employees or agents. False alarm does not include alarm failures caused by water, gas, electrical, telephone or other utilities not under the control of the alarm user, or the willful act of a person other than the alarm owner, lessee, or his or her employees or agents. Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind and the personnel therein employed or contracted. 2. No alarm user shall have or maintain an alarm system that produces a false alarm. 3. An alarm user shall be charged a fee for having or maintaining a false alarm. The fee shall be adopted by resolution of City Council. The fee shall be paid within thirty (30) days of the date that the fee is assessed. 4. Any violation of this chapter shall be considered a municipal infraction as provided in Title 1, Chapter 4 of this Code. SECTION 11. 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 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 day of 2015. MAYOR ATTEST: CITY CLERK Approved: City Attorney's Office S`,/)- r- Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration Vote for passage: AYES: Botchway, Dickens. Second Consideration _ Vote for passage: Date published 10/06/2015 that the Dobyns, Hayek, Mims, Payne, Throgmorton, NAYS: None. ABSENT: None. 10-06-1 CITY OF IOWA CITY 13 . aul MEM 0 RA N D U M AW=9 Date: September 16, 2015 To: Mr. Thomas Markus, City Mana er From: Chief Sam Hargadine Re: Revision to Alarm Ordinance Introduction: The alarm ordinance was last updated in 2006. Many aspects of the alarm industry have changed and certain sections of the existing policy are no longer appropriate or applicable. History/Background: Previously alarms came directly to the Iowa City Police Department's radio dispatching center and the ordinance required that new companies get permission from the Chief of Police before establishing a new service. With the opening of the Joint Emergency Communication Center (JECC) in 2010 the ICPD radio system was dismantled and commercial alarms now are reported through private alarm vendors straight to JECC. All residential and commercial alarms are monitored by private companies who contact JECC when an alarm occurs. The existing ordinance does not allow for any consideration or an appeal process when dealing with false alarms. While it is rare there have been instances where a business would be given leniency or special consideration for excessive false alarms; however, there is no provision in the existing ordinance for any kind of a waiver. Discussion of Solutions: The attached ordinance proposal removes the requirement for private alarm companies to notify or get permission from the Chief of Police. Financial Impact: The financial impact would be minimal. The existing ordinance establishes the following fees for false alarms: 0-4 false alarms in a calendar year, no charge e false alarm in a calendar year, $30.00 e false alarm in a calendar year, $35.00 r false alarm in a calendar year, $40.00 e false alarm and each thereafter in a calendar year, $50.00 The proposed ordinance would recommend the following fees for false alarms: 0-4 false alarms in any 12 month period, no charge 5 or more false alarms in any 12 month period, $60.00 per false alarm Recommendation: As many changes have occurred since the last time the alarm ordinance has been modified it is recommended that the proposed ordinance be passed which simplifies the requirements of private alarm companies and simplifies the false alarm fee structure. 14Z Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 15-4644 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, TO CLARIFY INAPPLICABILITY TO TASTING EVENTS. WHEREAS, the City has long prohibited all -you -can -drink specials, due to the binge drinking they can encourage; and WHEREAS, the Iowa Alcoholic Beverage Division has proposed new rules relating to Sampling, Tasting, and Trade Spending, which both define and regulate tasting events; and WHEREAS, the City's_ drink special ordinance has not, in the past, been read to prohibit tasting events as part of community -wide attractions, but the City wishes to clarify the ordinance to make clear that tasting events, as defined and regulated by the Iowa Alcoholic Beverage Division, are not prohibited by the City's drink special ordinance when they are community -wide in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 7 LIMITATIONS ON SALES, SUBSECTION B, is hereby amended by deleting subsection B in its entirety, and substituting the following language: B. Exceptions: Nothing in subsection A of this section shall be construed to prohibit any of the following: 1. The holder of a liquor control license, or wine, or beer permit, or its employees or agents, from including servings or drinks of alcoholic liquor, wine, or beer as part of a hotel or motel package which includes overnight accommodations. 2. An Authorized Entity, as defined in 4-5-3, from hosting a tasting event, as defined and regulated by the Iowa Alcoholic Beverage Division, as part of a community -wide attraction that supports the economic vitality of the downtown. 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 6th day of October 2015. l,"AQw MAYOR — \, ATTEST: �1 1 ` CITY RK Appoved by City Attorney's Office /`' Ordinance No. 15-4644 Page 2 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchwa Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 09/15/2015 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 10/15/2015 Moved by Mims, seconded by Dobyns, 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, Dobyns. NAYS: None. ABSENT: None.