HomeMy WebLinkAbout2017-10-17 OrdinancePrepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ17-00014)
Ordinance No.
Ordinance conditionally rezoning 28.03 acres from Interim Development - Research Park (ID -RP)
zone to High Density Single -Family Residential (RS -12) zone for 5.35 acres, Low Density
Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38 acres for
property located west of Camp Cardinal Road and south of Kennedy Parkway (REZ17-00014)
WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of approximately
28.03 acres of property located south of Kennedy Parkway west of Camp Cardinal Boulevard, from Interim -
Development Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12) zone for 5.35
acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential (RR -1) zone for 19.38
acres; and
WHEREAS, the Comprehensive Plan indicates that this area is suitable for "conservation design"
including a variety of residential housing types clustered awayfrom environmentally sensitive areas; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed RM -12 zoning and finds
that it is consistent with the Comprehensive Plan, provided development meets certain conditions, including
general compliance with the concept plan with townhouse -style multi -family dwellings with vehicular access
to garages from a rear lane that is a maximum of 18 feet wide with green space and landscaping between
the rear driveways to reduce impervious surface, improve stormwater drainage, and prevent speeding; and
staff approval of a landscaping plan for the area along the rear drive and for screening the rear garages from
public view in the northwest corner of the development, and development of a usable outdoor space with
features such as an outdoor dining area and lawn for informal recreational use; these conditions being
warranted to improve the aesthetics and livability for this cluster of higher density housing; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed RS -12 zoning and RRA
and finds that they are consistent with the Comprehensive Plan with an appropriate mix of single family and
duplex units clustered away from the sensitive areas, which are proposed as outlots to preserve and protect
these natural areas and provide for management of stormwater run-off;
WHEREAS, Iowa Code §414.5 (2017) 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 applicant has agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in
this area of the city;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of ID -RP to the
designations described in the legal descriptions below:
RS -12:
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND
PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE
OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053
AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS
RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER; THENCE N21°48'05"E 170.86 FEET ALONG THE SOUTHERLY LINE OF SAID
CARDINAL POINTE WEST - PART ONE; THENCE N14°30'51"E 68.49 FEET ALONG SAID
Ordinance No.
Page 2
SOUTHERLY LINE; THENCE N86042'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE
SOUTHERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84°54'52"E 200.00 FEET ALONG
SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID CARDINAL POINTE WEST
- PART ONE; THENCE S16°49'51"E 101.12 FEET; THENCE S25°47'11"E 65.05 FEET; THENCE
S35051'09"E 67.65 FEET; THENCE S38°11'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET;
THENCE S33019'25"E 84.78 FEET; THENCE S27059'01"E 48.60; THENCE S26°56'21"E 53.53 FEET;
THENCE S21030'05"E 86.33 FEET; THENCE S71°13'03"W 160.00 FEET; THENCE NORTHWESTERLY
254.17 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY
(CHORD BEARS N28029'27"W 252.95 FEET); THENCE N38°11'58"W 163.23 FEET; THENCE
NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE N29006'03"W 53.30 FEET;
THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W 63.90 FEET); THENCE S71022'27"W
21.82 FEET; THENCE S74°25'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG
THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS
S22004'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34°14'53"E 101.98 FEET);
THENCE S3801 1'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF
A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S27°29'18"E 189.57
FEET); THENCE S73°13'22"W 30.00 FEET; THENCE NORTHWESTERLY 34.84 FEET ALONG THE
ARC OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
N18051'24"W 34.84 FEET); THENCE S69°14'02"W 120.00 FEET; THENCE N28055'22"W 99.33 FEET;
THENCE N38008'39"W 103.46 FEET; THENCE N37044'02"W 104.59 FEET; THENCE N30°07'41"W
134.60 FEET; THENCE N69°27'55"E 120.00 FEET; THENCE NORTHERLY 81.44 FEET ALONG THE
ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS N7°34'23"W 80.75
FEET); THENCE N84°36'40"W 137.15 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 5.35 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF
RECORD.
RM -12:
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND
PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE
OF THE JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053
AS RECORDER IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE
AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER; THENCE S16049'51"E 101.12 FEET; THENCE S25047'11"E 65.05 FEET; THENCE
S35051'09"E 67.65 FEET; THENCE S38°11'58"E 75.00 FEET; THENCE S37042'38"E 79.04 FEET;
THENCE S33°19'25"E 84.78 FEET; THENCE S27059'01"E 84.78 FEET; THENCE S22°38'37"E 84.78
FEET; THENCE S70°01'35"W 130.00 FEET; THENCE SOUTHEASTERLY 16.22 FEET ALONG THE
ARC OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
S19022'41"E 16.22 FEET); THENCE S71°13'03"W 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38°11'58"W
163.23 FEET; THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE
N29006'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W 63.90 FEET);
THENCE S71022'27"W 21.82 FEET; THENCE S74025'54"W 50.56 FEET; THENCE SOUTHWESTERLY
274.18 FEET ALONG THE ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY
(CHORD BEARS S22°04'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE
ARC OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS
S34014'53"E 101.98 FEET); THENCE S38°11'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68
Ordinance No.
Page 3
FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD
BEARS S27029'18"E 189.57 FEET); THENCE N73013'22"E 30.00 FEET; THENCE NORTHWESTERLY
16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS CURVE, CONCAVE WESTERLY (CHORD
BEARS N17°38'00"W 16.14 FEET); THENCE NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A
20.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99
FEET); THENCE N66°23'16"W 151.01 FEET; THENCE SOUTHEASTERLY 32.83 FEET ALONG THE
ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
S66035'34"E 29.26 FEET; THENCE SOUTHERLY 9.94 FEET ALONG THE ARC OF A 720.00 FOOT
RADIUS CURVE. CONCAVE WESTERLY (CHORD BEARS S19°10'40"E 9.94 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 3.30 ACRES, SUBJECT TO EASEMENT AND RESTRICTIONS OF
RECORD.
PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION
12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN
BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND PART
OF AUDITOR'S PARCEL NO. 2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF
THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS
RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER; THENCE S84036'40"E 137.15 FEET; THENCE SOUTHERLY 81.44 FEET ALONG THE
ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY (CHORD BEARS S7°34'23"E 80.75
FEET); THENCE S69°27'55"W 120.00 FEET; THENCE S30°07'41"E 132.68 FEET; THENCE
N90000'00"W 424.72 FEET TO THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART
ONE; THENCE NO°00'00"E 107.13 FEET ALONG SAID SOUTHERLY LINE; THENCE N83°36'43"E
156.77 FEET ALONG SAID SOUTHERLY LINE; THENCE N53013'37"E 209.13 FEET ALONG SAID
SOUTHERLY LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
AND
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST
OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF
AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE
JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, CARDINAL POINTE WEST - PART ONE AS
RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER; THENCE NO"18'19"W 55.00 FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE
WEST - PART ONE; THENCE N9°15'18"E 55.00 FEET ALONG SAID EAST LINE; THENCE
N21010'50"E 132.95 FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF AUDITOR'S
PARCEL 2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON
COUNTY, IOWA RECORDER; THENCE S64°26'20"E 461.81 FEET ALONG SAID SOUTHERLY LINE;
THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A
383.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55
FEET); THENCE N86°35'51"E 21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE
SOUTHEASTERLY 62.86 FEET ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL
BOULEVARD AND THE ARC OF A 40.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY (CHORD
BEARS S48020'33"E 56.59 FEET); THENCE SOUTHERLY 171.74 FEET ALONG SAID WESTERLY
RIGHT OF WAY AND THE ARC OF A 2450.00 FOOT RADIUS CURVE, CONCAVE WESTERLY
(CHORD BEARS S1°06'49"E 171.70 FEET); THENCE S0°53'41"W 227.14 FEET ALONG SAID
WESTERLY RIGHT OF WAY TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 12; THENCE S89°04'32"W 463.31 FEET ALONG SAID
SOUTH LINE; THENCE N27°59'01"W 48.59 FEET; THENCE N33°19'25"W 84.78 FEET; THENCE
N37°42'38"W 79.04 FEET; THENCE N38°11'58"W 75.00 FEET; THENCE N35°51'09"W 67.65 FEET;
THENCE N25047'11"W 65.05 FEET; THENCE N16049'51"W 101.12 FEET TO THE POINT OF
Ordinance No.
Page 4
BEGINNING. SAID PARCEL CONTAINS 7.71 ACRES, SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
AND:
OUTLOT D, CARDINAL POINTE WEST - PART ONE, IOWA CITY, JOHNSON COUNTY, IOWA AND
AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA
RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. 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 the associated conditional
zoning agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at
the owner's expense, all as provided by law.
SECTION 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 2017.
MAYOR:
Approved by:
ATTEST: 4,, e>/�
CITY CLERK City Attorney's Office �z%!�
Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00014)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and The Crossings Development, LC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 28.03 acres of property located
west of Camp Cardinal Boulevard and south of Kennedy Parkway; and
Whereas, the Owner has requested the rezoning of said property from Interim -
Development Research Park (ID -RP) zone to High Density Single -Family Residential (RS -12)
zone for 5.35 acres, Low Density Multifamily (RM -12) zone for 3.3 acres and Rural Residential
(RR -1) zone for 19.38 acres; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions warranted to improve the aesthetics and livability for this cluster of higher density
housing, the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2017) 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 to improve the aesthetics and livability for higher density housing; 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. The Crossings Development, L.C. is the legal title holder of the property legally
described as:
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART
OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA
CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS
RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY,
IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN
BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY CORNER OF LOT 13,
CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE
OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE N21°48'05"E 170.86
FEET ALONG THE SOUTHERLY LINE OF SAID CARDINAL POINTE WEST - PART ONE;
THENCE N14030'51"E 68.49 FEET ALONG SAID SOUTHERLY LINE; THENCE
N86042'03"E 215.79 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHERLY
ppdadMagttoonditional zoning agreement thecrossingdev
16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY (CHORD BEARS S4°11'32"E 16.52 FEET); THENCE N84°54'52"E 200.00
FEET ALONG SAID SOUTHERLY LINE TO THE SOUTHEAST CORNER OF LOT 4, SAID
CARDINAL POINTE WEST - PART ONE; THENCE S16°49'51"E 101.12 FEET; THENCE
S25047'1 1"E 65.05 FEET; THENCE S35°51'09"E 67.65 FEET; THENCE S38'1 1'58"E 75.00
FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33°19'25"E 84.78 FEET; THENCE
S27e59'01"E 48.60; THENCE S26°56'21"E 53.53 FEET; THENCE S21°30'05"E 86.33
FEET; THENCE S71°13'03"W 160.00 FEET; THENCE NORTHWESTERLY 254.17 FEET
ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY
(CHORD BEARS N28°29'27"W 252.95 FEET); THENCE N38'1 1'58"W 163.23 FEET;
THENCE NORTHWESTERLY 79.40 FEET ALONG THE ARC OF A 500.00 FOOT RADIUS
CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET);
THENCE N29006'03"W 53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG
THE ARC OF A 350.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD
BEARS N23051'48"W 63.90 FEET); THENCE S71°22'27"1N 21.82 FEET; THENCE
S74025'54"W 50.56 FEET; THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC
OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS
S22004'03"W 237.57 FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC
OF A 740.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS
S34014'53"E 101.98 FEET); THENCE S38°11'58"E 160.70 FEET; THENCE
SOUTHEASTERLY 190.68 FEET ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE,
CONCAVE SOUTHWESTERLY (CHORD BEARS S27°29'18"E 189.57 FEET); THENCE
S73013'22"W 30.00 FEET; THENCE NORTHWESTERLY 34.84 FEET ALONG THE ARC
OF A 480.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
N18051'24"W 34.84 FEET); THENCE S69014'02"W 120.00 FEET; THENCE N28°55'22"W
99.33 FEET; THENCE N38008'39"W 103.46 FEET; THENCE N37°44'02"W 104.59 FEET;
THENCE N30007'41"W 134.60 FEET; THENCE N69°27'55"E 120.00 FEET; THENCE
NORTHERLY 81.44 FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY (CHORD BEARS N7°34'23"W 80.75 FEET); THENCE N84°36'40"W
137.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.35 ACRES,
SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD.
IMo7
PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND PART
OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA
CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS
RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY,
IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO. 2012053 AS RECORDER IN
BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4,
CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE
OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE S16°49'51"E 101.12
FEET; THENCE S25°47'11"E 65.05 FEET; THENCE S35°51'09"E 67.65 FEET; THENCE
S38011'58"E 75.00 FEET; THENCE S37°42'38"E 79.04 FEET; THENCE S33°19'25"E 84.78
FEET; THENCE S27e59'01"E 84.78 FEET; THENCE S22°38'37"E 84.78 FEET; THENCE
S70001'35"W 130.00 FEET; THENCE SOUTHEASTERLY 16.22 FEET ALONG THE ARC
OF A 780.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
S19022'41"E 16.22 FEET); THENCE S71°13'03"W 30.00 FEET TO THE POINT OF
BEGINNING; THENCE NORTHWESTERLY 254.17 FEET ALONG THE ARC OF A 750.00
ppdadmlagVwntlilional zoning agreement thecrossingdev 2
FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS N28°29'27"W
252.95 FEET); THENCE N38°11'58"W 163.23 FEET; THENCE NORTHWESTERLY 79.40
FEET ALONG THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY (CHORD BEARS N33°39'00"W 79.32 FEET); THENCE N29°06'03"W
53.30 FEET; THENCE NORTHWESTERLY 63.99 FEET ALONG THE ARC OF A 350.00
FOOT• RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N23°51'48"W
63.90 FEET); THENCE S71 °22'27"W 21.82 FEET; THENCE S74025'54"W 50.56 FEET;
THENCE SOUTHWESTERLY 274.18 FEET ALONG THE ARC OF A 150.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS S22°04'03"W 237.57
FEET); THENCE SOUTHEASTERLY 102.07 FEET ALONG THE ARC OF A 740.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS S34°14'53"E 101.98
FEET); THENCE S38°11'58"E 160.70 FEET; THENCE SOUTHEASTERLY 190.68 FEET
ALONG THE ARC OF A 510.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY
(CHORD BEARS S27°29'18"E 189.57 FEET); THENCE N73°13'22"E 30.00 FEET;
THENCE NORTHWESTERLY 16.14 FEET ALONG THE ARC OF A 540.00 FOOT RADIUS
CURVE, CONCAVE WESTERLY (CHORD BEARS N17°38'00"W 16.14 FEET); THENCE
NORTHEASTERLY 29.63 FEET ALONG THE ARC OF A 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY (CHORD BEARS N23°56'56"E 26.99 FEET); THENCE
N66023'16"W 151.01 FEET; THENCE SOUTHEASTERLY 32.83 FEET ALONG THE ARC
OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS
S66035'34"E 29.26 FEET; THENCE SOUTHERLY 9.94 FEET ALONG THE ARC OF A
720.00 FOOT RADIUS CURVE. CONCAVE WESTERLY (CHORD BEARS S19°10'40"E
9.94 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.30 ACRES,
SUBJECT TO EASEMENT AND RESTRICTIONS OF RECORD.
AND
PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER
OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND PART OF AUDITOR'S PARCEL
NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE
JOHNSON COUNTY, IOWA RECORDER AND PART OF AUDITOR'S PARCEL NO.
2012053 AS RECORDED IN BOOK 56, PAGE 378 IN THE OFFICE OF THE JOHNSON
COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHERLY CORNER OF LOT 13, CARDINAL POINTE WEST - PART ONE AS
RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON COUNTY,
IOWA RECORDER; THENCE S84°36'40"E 137.15 FEET; THENCE SOUTHERLY 81.44
FEET ALONG THE ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE EASTERLY
(CHORD BEARS S7°34'23"E 80.75 FEET); THENCE S69°27'55"W 120.00 FEET; THENCE
S30007'41"E 132.68 FEET; THENCE N90°00'00"W 424.72 FEET TO THE SOUTHERLY
LINE OF SAID CARDINAL POINTE WEST - PART ONE; THENCE NO°00'00"E 107.13
FEET ALONG SAID SOUTHERLY LINE; THENCE N83°36'43"E 156.77 FEET ALONG
SAID SOUTHERLY LINE; THENCE N53'1 3'37"E 209.13 FEET ALONG SAID SOUTHERLY
LINE TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.68 ACRES, SUBJECT
TO EASEMENTS AND RESTRICTIONS OF RECORD.
_►p
PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY,
IOWA AND PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56,
ppdadmlagVmnditicnal zoning agreement thecrossingdev
PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4,
CARDINAL POINTE WEST - PART ONE AS RECORDED IN BOOK 60, PAGE 166 IN THE
OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER; THENCE NO°18'19"W 55.00
FEET ALONG THE EAST LINE OF SAID CARDINAL POINTE WEST - PART ONE;
THENCE N9015'18"E 55.00 FEET ALONG SAID EAST LINE; THENCE N21°10'50"E 132.95
FEET ALONG SAID EAST LINE TO THE SOUTHERLY LINE OF AUDITOR'S PARCEL
2014116 AS RECORDED IN BOOK 59, PAGE 93 IN THE OFFICE OF THE JOHNSON
COUNTY, IOWA RECORDER; THENCE S64026'20"E 461.81 FEET ALONG SAID
SOUTHERLY LINE; THENCE SOUTHEASTERLY 193.61 FEET ALONG SAID
SOUTHERLY LINE AND THE ARC OF A 383.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY (CHORD BEARS S78°55'14"E 191.55 FEET); THENCE N86°35'51"E
21.34 FEET ALONG SAID SOUTHERLY LINE; THENCE SOUTHEASTERLY 62.86 FEET
ALONG THE WESTERLY RIGHT OF WAY OF CAMP CARDINAL BOULEVARD AND THE
ARC OF A 40.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY (CHORD BEARS
S48020'33"E 56.59 FEET); THENCE SOUTHERLY 171.74 FEET ALONG SAID
WESTERLY RIGHT OF WAY AND THE ARC OF A 2450.00 FOOT RADIUS CURVE,
CONCAVE WESTERLY (CHORD BEARS S1 -06-49"E 171.70 FEET); THENCE SO°53'41"W
227.14 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12;
THENCE S89004'32"W 463.31 FEET ALONG SAID SOUTH LINE; THENCE N27°59'01"W
48.59 FEET; THENCE N33019'25W 84.78 FEET; THENCE N37°42'38"W 79.04 FEET;
THENCE N3801 1'58"W 75.00 FEET; THENCE N35051'09"W 67.65 FEET; THENCE
N25047'11"W 65.05 FEET; THENCE N16°49'51"W 101.12 FEET TO THE POINT OF
BEGINNING. SAID PARCEL CONTAINS 7.71 ACRES, SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
:►N
OUTLOT D, CARDINAL POINTE WEST - PART ONE, IOWA CITY, JOHNSON COUNTY,
IOWA AND AS RECORDED IN BOOK 60, PAGE 166 IN THE OFFICE OF THE JOHNSON
COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 9.99 ACRES, SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Clear Creek Master Plan and Camp Cardinal Road
Memorandum of Understanding. Further, the parties acknowledge that Iowa Code
§414.5 (2017) 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 hereby rezoned RM -12 will conform to all other
requirements of the zoning chapter, as well as the following conditions:
a. Development shall generally comply with the concept plan for the area shown as "Lot
32" on the Rezoning, Preliminary Plat and Sensitive Areas Site Plan, Cardinal Pointe
West -Part 2 (attached), including townhouse -style multi -family dwellings with vehicular
access to garages from a rear lane that is a maximum of 18 feet wide with green
space and landscaping between the rear driveways to reduce impervious surface and
improve stormwater drainage.
ppdadnVagVconditional zoning agreement thecrossingdev 4
b. Prior to approval of any site plan, Owner shall obtain Staff approval of a landscaping
plan for the area along the rear private drive and for screening the rear garages from
public view along Dubs Drive.
c. Development shall include a usable outdoor space with features such as an outdoor
dining area and lawn for informal recreational use.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2017), and that said
conditions satisfy public needs that are caused by the requested zoning change.
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.
The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of
City of Iowa City
James A. Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
City Attorneys Office /0I 1
2 17
ppdadMagVoonditional zoning agreement the=ssingdev
20_
The Cros gs Development, L. .
By: 4
M
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling, Mayor and City Clerk, respectively, of the City of Iowa City.
Public in and for the State of Iowa
(Stamp or Sea[)
Title (and Rank)
The Crossings Development, LC Acknowledgment:
State of
County of o
This record was acknowledged before me on Qc*dj&1 I Vim;& (Date)
by ScvcV I,.k ddU&h_ (Name(s) of individual(s) as
Q44na.v� (type of authority, such as officer or trustee) of
Ocs' LC. (name of party on behalf of whom record
was execute .
Notary Public in and for the State of Iowa
(Stamp or Sea[) WM Title (and Rank)
My commission expires: S 11(g jzoez
ppdadm/agVcanditional zoning agreement theorossingdev 6
REZONING, PRELIMINARY PLAT AND SENSITIVE AREA SITE PLAN FOR
CARDINAL POINTE WEST -PART 2
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
UTILITY AND EMERGENCY TELEPHONE NUMBERS
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NOTES
THE PROP.= IMPRDY ENTR INLWOED IN TSM DRAMNGS SAW BEEN
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STANDARDS MANUAL AND SUDAi
SHEET INDEX
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APPLICANT .0 �IyaCONTACT PERSONP.
DIMENSIONAL STANDARDS (RM- 12)
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NOTES
THE PROP.= IMPRDY ENTR INLWOED IN TSM DRAMNGS SAW BEEN
.... M A.D.. MTH THE Ott of lP..1 EHcxEERING Dm01
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SHEET INDEX
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OWNER �m USE 9
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Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 10/17/2017
Voteforpassage: AYES:Cole, Dickens, Mims, Taylor,Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
A
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 17-4729
Ordinance amending Title 6, entitled "Public Health and Safety," Chapter
10, entitled "Smoke Free Places," and Title 10, entitled "Public Ways
and Property," to prohibit the use of tobacco including smokeless
tobacco in all City parks.
Whereas, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act, prohibits smoking
tobacco products in certain public spaces, places of employment and outdoor areas, including
enclosed City buildings and vehicles operated by the City, the public grounds immediately
adjacent to City buildings and bus shelters; and,
Whereas, the Smokefree Air Act expressly authorizes a person having custody or control of
property to declare property that is otherwise exempt under the Smokefree Air Act to be a non-
smoking place; and,
Whereas, in Chapter 10 of Title 6, "Public Health and Safety", the City has declared
additional areas to be smoke free places including the municipal parking ramps, airport, City
Plaza except for alleys and certain areas within Iowa City parks, and,
Whereas, electronic cigarettes are not covered by the Iowa Smokefree Air Act; and,
Whereas, in Ordinance No. 15-4634 (codified at Section 6-10-2), the City Council found that
the use of e -cigarettes presents a serious and unknown public health threat and that in the
interests of protecting the health of the public and providing a healthy work -place environment
for its employees the City of Iowa City and prohibited the use of electronic cigarettes in all areas
where it is illegal to smoke tobacco products; and
Whereas, the National Cancer Institute states that chewing tobacco and snuff contain 28
cancer-causing agents;
Whereas, the Center for Disease Control (CDC) found that nationally 8.3 percent of high-
school males and 3.3 percent of all high-school females reported using smokeless products in
2016 and nationally 3.0 percent of middle -school males and 1.5 percent of all middle school
females reported using smokeless products in 2016;
Whereas, the Center for Disease Control (CDC) found that nationally 13.13 percent of high-
school males and 9.5 percent of all high-school females reported using electronic cigarettes in
2016 and nationally 5.1 percent of middle -school males and 3.4 percent of all middle school
females reported using electronic cigarettes in 2016;
Whereas,, the use of tobacco and electronic cigarettes should be prohibited throughout all
City parks except private vehicles; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free
Places," Section 1, entitled "Smoke Free Places Itemized" is amended by deleting Subsections
E through N and Subsection R in their entirety and substituting the following new Subsection E:
All City parks except when in a privately owned vehicle.
2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by adding
new Subparagraph L:
In addition to the prohibition of use of tobacco and electronic cigarettes in City parks as
provided in Section 6-10 of this Code, no person shall use smokeless tobacco in any City park
except when in a privately owned vehicle. Smokeless tobacco is defined as any product that
contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal
cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco
products and snus.
Section H. 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 17th day of October , 2017.
Maq6r
Approved by
AtteGc e S i t fi
City Jerk City Attorney's Office
Ordinance No. I 7_4 7 2 q
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: ABSTAIN:
X
Botchway
X
Cole
X
Dickens
X
Mims
X
Taylor
x
Thomas
X
Throgmorton
First Consideration 09/19/2017
Vote for passage: AYES: Mims, Taylor,
Cole, Dickens. NAYS: Throgmorton.
Thomas, Botchway,
ABSENT: None.
Second Consideration 10/03/2017
Voteforpassage: AYES:Taylor, Thomas, Botchway, Cole,
Dickens,Mims. NAYS: Throgmorton. ABSENT: None.
Date published 10/26/2017
6 CITY OF I O WA C
COUNCIL ACTION REINI 8
September 19, 2017
Ordinance amending Title 6, entitled "Public Health and Safety,"
Chapter 10, entitled "Smoke Free Places," and Title 10, entitled
"Public Ways and Property," to prohibit the use of tobacco
including smokeless tobacco in all City parks.
Prepared By: Juli Seydell Johnson, Director of Parks & Recreation
Reviewed By: Sue Dulek, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: Approval
Attachments: Ordinance
Executive Summary:
Currently it is illegal to smoke tobacco and use electronic cigarettes in some parks, and the use
of chewing tobacco is not prohibited in any park. This ordinance prohibits smoking tobacco,
chewing tobacco and using electronic cigarettes throughout all parks except inside a privately
owned vehicle. This includes trails that traverse parks.
Background / Analysis:
Johnson County Public Health made a presentation to the Parks & Recreation Commission at
the January 11, 2017 meeting recommending that Iowa City consider extending the no smoking
ban in place for specific parks to all parks and trails and to include all forms of tobacco. The
Commission agreed and made a recommendation to encourage the City Council to consider
this change. This change will require an amendment to the City Code, Chapter 6. The City
Council discussed this at the August 1, 2017 Council work session and directed staff to present
and Ordinance amendment.
Iowa passed the Iowa Smokefree Air Act in 2008 that prohibited "smoking" "tobacco products" in
certain public and private places, such as school grounds, restaurants, and vehicles owned
employers. That law is enforced by the State. Additionally, local governments could declare
certain areas owned by the governmental entity as smokefree, and the City Council declared a
variety of places to be smokefree which can be found in Section 6-10-1, which is shown below.
In 2016, Council passed an ordinance prohibiting the use of e -cigarettes in all places where
smoking is prohibited (i.e., both the prohibitions listed in Section 6-10-1 and the list of prohibited
places in the State Code), which is found in Section 6-10-2 set forth below. The City Code does
not regulate the use of chewing tobacco.
I= ICITY OF IOWA CITY
COUNCIL ACTION REPORT
Current City Code:
6-10-1: SMOKE FREE PLACES ITEMIZED:
It is illegal to smoke in a smoke free place. Pursuant to HF 2212, section 5, to be codified at
section 142D.5 of the Iowa Code, the city declares the following areas to be smoke free
places:
A. Iowa City Municipal Airport.
B. Municipal parking ramps except in privately owned vehicles that are not located in the
Chauncey Swan Parking Ramp during the farmers' market as provided in this section.
C. City Plaza except the public alleys. "City Plaza" is defined in section 10-5-2 of this code.
D. The area between the public library and Linn Street including the sidewalk, as illustrated
on the diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in
City Plaza. "Sidewalk cafe" is defined in section 10-3-1 of this code.
E. Napoleon Park except the parking lot and the Iowa River Corridor Trail.
F. Baseball/softball complex at Mercer Park not including the parking lots.
G. Iowa City Kickers Soccer Park including the parking lots.
H. The area within fifty feet (50') of the City Park pool building and the fence that
encompasses the City Park pool and the area inside the fence.
I. Riverside Festival stage/seating area and the area within fifty feet (50') of Riverside
Festival stage/seating area.
J. Bobby Oldis baseball fields in lower City Park including the bleachers, sidewalk, and all
other areas between the fields.
K. The area within fifty feet (50) of the amusement rides in lower City Park.
L. Skateboard Park.
M. Tennis courts in all city parks.
N. Dog parks.
O. Farmers' market beginning thirty (30) minutes prior to the opening of the farmers' market.
"Farmers' market" is defined in section 10-11-1 of this code.
P. The area within fifty feet (50) of any outdoor stage or location where musicians are
performing during any outdoor entertainment venues where members of the general
public assemble to witness entertainment events, such as, but not limited to, Arts Fest
and Jazz Fest.
Q. The streets and adjacent sidewalks along the parade route of the University Of Iowa
homecoming parade from five o'clock (5:00) P.M. to eight o'clock (8:00) P.M. on Friday
evening of the homecoming parade. (Ord. 08-4314, 9-9-2008)
R. Black Hawk Mini Park.
6-10-2: ELECTRONIC CIGARETTES:
It is illegal to use an electronic cigarette in any smoke free place listed in section 6-10-1 of
this chapter or in any place where chapter 142D of the Iowa Code prohibits smoking a
tobacco product. "Electronic cigarette" means vapor product as defined in section 453A.1 of
the code of Iowa.