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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 Y r ra Atte�p� Mari parr ..City clerk By: Zerk �lv� er A App 6ved j?y;!Ojt CORPOR ATE SEAL 44 4 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 (Stamp or Seal) (and Rank) ,� h.4 ; Como�"�q�'f, Kf±L) iE K. T Title mis'::nPlumbar22i81f! y Got .11^ top Ex fires r before me on..--- 20_ by Of , Inc. Notary Public in°an for said County and State (Stamp or Seal) ..., Title (and Rank) J This record was acknowledged before me on (Date) by Je- ' � &„k (Name(s) of i ividual(s as I& vt 6, i0t, g” r (type of authority, such as officer or trustee) of CAD (name of party on behalf of whom record was executed). ��/Irc�� 2� l �/ 142 •lei.,/ . ," � -<�i ;r. � Notary Public in and for the State &16wa: ` (Stamp or Seal) q Title (and Rank) L47 ele t• K •Sti`.= 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.