HomeMy WebLinkAbout2015-10-20 Ordinance7C
Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
(REZ15-0001 VANW 5-00001)
ORDINANCE NO. 15-4645
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). (REZIS-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
S00043'54"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 S00043154"E, ALONG SAID EAST LINE OF THE
NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER, 134.34 FEET; THENCE
S89052'36"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 N28045'31"W; THENCE N31050'05"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 N89041'57"E,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 253.02 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 1.91 ACRES.
Ordinance No. 15-4645
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 N00042'1 2"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 20thday of October , 2016.
MAYOR.
ATT;:Sl' s , r
CLERK
A proved�by
City Attorneys Office�� (�
CORPOWE SM
Ordinance No. 15-4645
Page 3
It was moved by Payne and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
that the
First Consideration 09/15/2015
Voteforpassage: 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: NSne.
Date published 10/29/2015
x Botchway
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
that the
First Consideration 09/15/2015
Voteforpassage: 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: NSne.
Date published 10/29/2015
Prepared by: Katie Gandhi, NDS Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230
(REV 5-00014/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 (RM12); 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°4354"E, ALONG SAID EAST LINE
OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER,
134.34 FEET; THENCE S89052'36"W, 379.09 FEET; THENCE S76010'00"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/agVeonditlonal zoning agreement rez16-OW14.doe
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 S87052'41"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 N00042'12"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
N58025'47"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 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°4354"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
ppdadmlagticondttional zordng agreement rez16-00014.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 pian 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 20th day of October , 2016.
CITY OF IOWA CITY
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Mari parr ..City clerk
By: Zerk �lv� er
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CORPOR ATE SEAL
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City Attorney's Office tlle Irf-
ppdadnVagtUtWitional zodng agreement rez15.00014.doc 3
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss;
JOHNSON COUNTY }
This instrument was acknowledged before me on T{ /l'_-�a,� 20/5 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
CBPPORATE ACKNOWLEDGEMENT:
STATE -OF, IOWA )
�� ) ss:
JOHNSON
This instrument was
CBD, LLC ACKNOWLEDGMENT:
State of _J02,ki''
County of . 'pyf
Notary Public in and for the State of Iowa
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by Je- ' � &„k (Name(s) of i ividual(s as
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ppdadmlagtIowdiUonal zoring agreement rezl &OD014.doc 4
I 10-20-15 =0 pQ7 CITY OF IOWA CITY12
�l MEMORANDUM
Date: October 15, 2015
To: Tom Markus, City Manager
From: Mark Rummel, Associate Director of Transportation and Resource Management
Re: Parking Fine Amendment for Snow Emergency
Introduction: At the October 20, 2015 City Council meeting, consideration will be given to an
ordinance amending parking fee, rates, and fines.
History/background: At the November 7, 2009 City Council meeting the Snow Emergency
fine was increased from $15.00 to $50.00.
During a 2013 "First Hour Free" and "Meter Rate Increase" fee structure adjustment the Snow
Emergency fine was inadvertently omitted from the fine structure, causing the Snow Emergency
fine to default to $15.00.
Discussion of changes: The adjusted fine amount will encourage compliance with the parking
regulations during a snow emergency so snow and ice can be removed efficiently and promptly
from City streets.
Recommendation: This recommended change will discourage drivers from parking illegally
during snow emergencies and improve snow removal operations during these events. The
Transportation and Resource Management Department recommends approval of this fine
amendment.
Prepared by: Mark Rummel, Transportation and Resource Management, 410 E. Washington St., Iowa City, IA
52240 (319)356-5097
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, "FINANCES, TAXATION, AND FEES",
CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES,
AND PENALTIES", SECTION 8, "PARKING VIOLATIONS", TO ADD A $50
PENALTY FOR SNOW EMERGENCY PARKING VIOLATION.
WHEREAS, the City of Iowa City Code 9-4-1(A)(16) prohibits parking upon a street on
which parking is prohibited under Iowa City Code 9-4-9 by the declaration of a snow
emergency; and
WHEREAS, Iowa City Code section 3-4-8: Parking violations: sets the Amount of Fee,
Charge, Bond, Fine, and Penalty for various Parking matters; and
WHEREAS, the City wishes to encourage compliance with the snow emergency parking
regulations so that snow and ice can be removed efficiently and promptly from City streets
during a snow emergency; and
WHEREAS, the fine for a violation of the snow emergency parking regulations should be
$50.00; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. AMENDMENTS.
TITLE 3, FINANCES, TAXATION, AND FEES, CHAPTER 4, SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING
VIOLATIONS: is hereby amended by adding:
Parking where prohibited or restricted during a snow emergency - 50.00
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
App ved by
(0zv�'
City Attorney's Office
It was moved by and seconded by _
the Ordinance as read by adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 10/20/2015
Vote for passage: AYES: Dobyns , Hayek, Mims,
Second Consideration
Vote for passage:
Date published
that
Payne, Throgmorton, Dickens. NAYS: None.
ABSENT: Botchway.
10-2a=
13
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 I. 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:
Approved by
C, -r `�` CITY CLERK
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS:
First Consideration
Vote for passage:
Throgmorton,
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
10/06/2015
AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Botchway. NAYS: None. ABSENT: None.
that the
Second Consideration 10/20/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Dickens,
Dobyns. NAYS: None. ABSENT: Botchway.
Date published
?0-/3
5, Jennifer Baum
4
a Dewe�At52245-5904
owGtY,
ITEM 13.
I would like to address this proposal item by item.
At the August 18 work session, staff discussed proposed changes to
the Housing Code as part of the City's ongoing efforts to stabilize
neighborhoods.
How many neighborhood associations have complained about these
items? And how many individuals have complained about these
problems in their neighborhoods? if these issues are pressing enough
to effect the entire city I'm think there would be representatives
from each of the neighborhood associations present to comment this
evening. I would like anyone from the west side of town who is here
in support of this proposal to raise their hands. The East side?
The North side? The South side? Central Iowa city?
As directed by Council, this ordinance amends the Code in the
following ways:
a) prohibits storing and use of furniture on roofs and other
surfaces above 30 inches without guardrails;
I haven't any problem with this since it could prove to be
dangerous. But isn't there already an ordinance prohibiting indoor
style furniture from being on porches and from storing or using any
furniture on roofs? And isn't there already an ordinance about the
height of guard rails on porches? I may be wrong, but I think this
may be redundant.
b) establishes standards for treatment of exterior surfaces of
buildings, i
fences, and.retainingwalls; «
who exactly is going to be n the position of Arbiter of
Aesthetics"? Is this going to be a city position or volunteer?
Because my idea of acceptable may be different than theirs.
when it comes to exterior treatments does that include the
paint color? There are two adorable houses on Sheridon Ave one
periwinkle and one spring green. If those colors bother a neighbor
will the Arbiter of Aesthetics fine them? Tell them they have to
repaint? If the problem is that someone hasn't painted their house
at what point is it in violation? how much paint needs to be
missing,to.qualify as not in compliance? No paint on it at all? Two
chips missii
ng? if it s determined not to be to the satisfaction of
the Arbiter of Aesthetics then does the city have a program in place
to finance the painting if the owner or occupant is unable to afford
it? If a fence is somehow offensive to the Arbiter of Aesthetics
because of the fencing style or materials used will that fencing
have to be removed or replaced? Or if the height of the fencing or
the direction the fence is facing is in violation of already
established guidelines, then doesn't that make this redundant?
I
c) requires areas beneath decks and porches in Historic and
Conservation Districts to be screened;
I don't live in an historic or conservation district so I have
no opinion on this. Although I will say that even wnen my
neighborhood has been offered that statues it has been rejected for
exactly reasons like this.
d) requires screening of dumpsters on existing multi -family sites;
I would just like to say that I have yet to see a dumpster of a
multi -family dwelling from the street. So I guess I don't see the
point of this. if the problem is litter around the dumpster, isn't
there already an ordinance in place to deal with litter7
d) limits the storage of landscaping and construction material to
areas not visible from the street.
within what limits does this address storage. Again is it up to
the Arbiter of Aesthetics to determine the length of time or the
kind of equipment that is being stored? Does this mean that if a
mower is stored next to a house for the summer that the owner of the
mower can be found in violation? If an owner or occupant is doing
repairs them self while also working and the building materials are
on the property weekend to weekend, how many weekdaysqualify to be
storage? Additionally I believe there is already an ordinance in
place to cover storage of inappropriate items in yards - such as
washers, deteriorating cars, and lawns that are unkempt. And
therefore this would be redundant.
Additionally, this ordinance requires GFCI protected outlets and
carbon monoxide detectors in all dwelling units.
If this is to apply to owner -occupied buildings, exactly when is
the city suggesting they inspect the inside of private homes? If
this is expressly for rental properties there is already an
inspection system in place to deal with these issues. And if there
is not, the more appropriate place for this sort of restriction is
in the ordinances covering for profit buildings. And that makes this
entirely redundant.
And finally - Note that the Housing code applies to owner -occupied
and rental housing. Staff requests expedited action.
The city already has protections in place for buildings in dangerous
disrepair. If they are not dangerous I do not understand the
inspiration for this ordinance. unless of course it is aimed at
rental dwellings and the wording is including home owners to
disguise that fact. if that is the case, there are in place many
restrictions and a system of inspection for those properties.
So my feeling is that this is a wholly unnecessary proposal and
until the position of Arbiter of Aesthetics is in place and the f
restrictions specifically listed, I strongly oppose the passage o
this agenda item.
Thank you
10-20-15
14
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 15-4646
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 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 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 20thday of October , 2015.
MAYOR
ATTEST: ✓�ls�� `��/l/
CITY CtERK
Approved:
City Attorney's Office
<5-/)�--tr-
Ordinance No. 15-4646
Page 3
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
Payne that the
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 10/06/2015
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 10/29/2015
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: Mims, Payne, Throgmorton, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: Botchway.