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HomeMy WebLinkAbout2018-08-07 Ordinance Deferred to 8/21/18 Prepared by: Luke Foelsch,Planning Intern,410 E.Washington Street, Iowa City,IA 52240;319-356-5230(REZ18- 00005) Ordinance No. An ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone and Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone. (REZ18-00005) Whereas, the owner, Bedrock LLC, has requested a rezoning of property located east of South Gilbert Street and west of Sandusky Drive from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone and Planned Development Overlay/Low Density Multifamily Residential(OPD/RM-12)zone;and Whereas, the Comprehensive Plan encourages development of neighborhoods with a mix of housing types to allow for housing options and indicates the area where this current property is located, west of the Pepperwood Subdivision, as suited for clustered units through an overlay planned development; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for tree replacement and protection, specific roof drain and gutter orientation, and archaeological consultation prior to any additional grading; 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 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 Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential(OPD/RS-5)zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE DESCRIBED AS FOLLOWS: BEGINNING at the Southeast Corner of Auditor's Parcel 2015101, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence S89°11'58"W, along the South line of said Auditor's Parcel, 520.60 feet; Thence N36°38'18"W, 173.52 feet; Thence N23°51'00"W, 125.81 feet; Thence N00°03'58"W, 74.90 feet; Thence Northeasterly 197.34 feet along a 500.00 foot radius curve, concave Northwesterly, whose 196.06 foot chord bears N78°37'37"E; Thence Northeasterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears N86°04'05"E; Thence Southeasterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears S76°51'30"E; Thence N11°28'04"E, 33.00 feet; Thence N07°29'36"E, 135.02 feet; Thence S87°38'02"E, 96.19 feet to the Northeast Corner of Auditor's Parcel 2015101; Thence S01°17'48"E, along the East line of said Auditor's Parcel, 538.89 feet to Ordinance No. Page 2 the POINT OF BEGINNING. Said Rezoning Parcel contains 5.80 Acres, and is subject to easements and restrictions of record. And the property described below is hereby reclassified from its current zoning designation of Interim Development Multifamily Residential (ID-RM)zone to Planned Development Overlay/Low Density Multifamily Residential(OPD/RM-12)zone: THAT PORTION OF AUDITOR'S PARCEL 2015101, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE AND ALL OF AUDITOR'S PARCEL 2015102, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE DESCRIBED AS: BEGINNING at the Southwest Corner of Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northwesterly, along the West line of said Auditor's Parcel, 1150.96 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 1148.49 foot chord bears N22°34'09"W; Thence Northeasterly, along said West line, 21.83 feet along a 1959.38 foot radius curve, concave Northwesterly, whose 21.83 foot chord bears N34°27'47"E to the Northern most point of said Auditor's Parcel; Thence S70°22'05"E, along the North line of said Auditor's Parcel, 110.06 feet; Thence S54°46'53"E, along said North line, 62.12 feet; Thence S39°30'08"E, along said North line, 246.13 feet; Thence N80°01'51"E, along said North line, 39.16 feet; Thence S66°34'51"E, 183.05 feet to the Northwest Corner of Auditor's Parcel 2015101, in accordance with the plat thereof recorded in Plat Book 60, at Page 106, in the Records of the Johnson County Recorders Office; Thence S73°50'49"E, along the North line of said Auditor's Parcel, 341.55 feet; Thence S84°28'33"E, along said North line, 242.30 feet; Thence S81°39'26"E, along said North line, 98.13 feet; Thence S63°13'07"E, along said North line, 137.34 feet to the Northeast Corner of Said Auditor's Parcel 2015101; Thence N87°38'02'W, 96.19 feet; Thence S07°29'36"W, 135.02 feet; Thence S11°28'04"W, 33.00 feet; Thence Northwesterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears N76°51'30"W; Thence Southwesterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears S86°04'05"W; Thence Southwesterly 197.34 feet along a 500.00 foot radius curve, concave Northwesterly, whose 196.06 foot chord bears S78°37'37'W; Thence S00°03'58"E, 74.90 feet; Thence S23°51'00"E, 125.81 feet; Thence S36°38'18"E, 173.52 feet to a point on the South line of Said Auditor's Parcel 2015101; Thence S89°11'58"W, along the said South line, 123.08 feet; Thence S88°13'48"W, along the said South line, 161.59 feet to the Southeast Corner of Auditor's Parcel 2015102; Thence S88°13'48"W, along the South line of said Auditor's Parcel 2015102, a distance of 85.14 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 12.23 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances 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 20_. Ordinance No. Page 3 Mayor Attest: City Clerk Approved by City Attorney's Office -7/10% Prepared by:Luke Foelsch, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5230(REZ18-00005) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), and Bedrock LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive; and Whereas, the Owner has requested the rezoning of said property from Interim Development Multifamily Residential (ID-RM) to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) on approximately 5.8 acres and Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) on approximately 12.23 acres; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding tree replacement and protection, roof drain and gutter orientation, and archaeological consultation prior to any additional grading, 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 conditions outlined in this agreement address several public needs, including the replacement of trees on the property; preservation and protection of sensitive environmental features, including possible archeological resources; and the mitigation of stormwater runoff onto adjacent properties; 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 the protection of sensitive natural features and managing stormwater; 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. Bedrock LLC is the legal title holder of the property legally described as THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE DESCRIBED AS FOLLOWS: BEGINNING at the Southeast Corner of Auditor's Parcel 2015101, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence S89°11'58"W, along the South line of said Auditor's Parcel, 520.60 feet; Thence N36°38'18"W, 173.52 feet; Thence N23°51'00"W, 125.81 ppdadniagVtlraftcza-07.16.16.doc 1 feet; Thence N00°03'58"W, 74.90 feet; Thence Northeasterly 197.34 feet along a 500.00 foot radius curve, concave Northwesterly, whose 196.06 foot chord bears N78°37'37"E; Thence Northeasterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears N86°04'05"E; Thence Southeasterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears S76°51'30"E; Thence N11°28'04"E, 33.00 feet; Thence N07°29'36"E, 135.02 feet; Thence S87°38'02"E, 96.19 feet to the Northeast Corner of Auditor's Parcel 2015101; Thence S01°17'48"E, along the East line of said Auditor's Parcel, 538.89 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 5.80 Acres, and is subject to easements and restrictions of record. AND THAT PORTION OF AUDITOR'S PARCEL 2015101, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE AND ALL OF AUDITOR'S PARCEL 2015102, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE DESCRIBED AS: BEGINNING at the Southwest Corner of Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northwesterly, along the West line of said Auditor's Parcel, 1150.96 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 1148.49 foot chord bears N22°34'09"W; Thence Northeasterly, along said West line, 21.83 feet along a 1959.38 foot radius curve, concave Northwesterly, whose 21.83 foot chord bears N34°27'47"E to the Northern most point of said Auditor's Parcel; Thence S70°22'05"E, along the North line of said Auditor's Parcel, 110.06 feet; Thence S54°46'53"E, along said North line, 62.12 feet; Thence S39°30'08"E, along said North line, 246.13 feet; Thence N80°01'51"E, along said North line, 39.16 feet; Thence S66°34'51"E, 183.05 feet to the Northwest Corner of Auditor's Parcel 2015101, in accordance with the plat thereof recorded in Plat Book 60, at Page 106, in the Records of the Johnson County Recorders Office; Thence S73°50'49"E, along the North line of said Auditor's Parcel, 341.55 feet; Thence S84°28'33"E, along said North line, 242.30 feet; Thence S81°39'26"E, along said North line, 98.13 feet; Thence S63°13'07"E, along said North line, 137.34 feet to the Northeast Corner of Said Auditor's Parcel 2015101; Thence N87°38'02W, 96.19 feet; Thence 507°29'36"W, 135.02 feet; Thence 511°28'04'W, 33.00 feet; Thence Northwesterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears N76°51'30"W; Thence Southwesterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears S86°04'05"W; Thence Southwesterly 197.34 feet along a 500.00 foot radius curve, concave Northwesterly, whose 196.06 foot chord bears 578°37'37'W; Thence S00°03'58"E, 74.90 feet; Thence S23°51'00"E, 125.81 feet; Thence S36°38'18"E, 173.52 feet to a point on the South line of Said Auditor's Parcel 2015101; Thence S89°11'58"W, along the said South line, 123.08 feet; Thence 588°13'48'W, along the said South line, 161.59 feet to the Southeast Corner of Auditor's Parcel 2015102; Thence S88°13'48"W, along the South line of said Auditor's Parcel 2015102, a distance of 85.14 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 12.23 Acres, and is subject to easements and restrictions of record. ppdadMagVtlrefl-ve-07.16.18.tl°c 2 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South District Plan. 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 will conform to all other requirements of the zoning chapter, as well as the following conditions: a. City Forester review and approval of the tree replacement and protection plan prior to final plat approval; b. Development agreement specification at the time of final plat approval that the roof drains and gutters for lots 5-16 will be required to drain toward the storm drains on Toby Circle; c. The applicant contracting with an archaeologist approved by the State to complete a study or excavation plan prior to any additional grading on the property and complying therewith in the course of performing any grading work. 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. 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 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 Applicant's expense. Dated this day of , 20 . City of Iowa City Bedrock, L.L.C. ppdadMagt/draftve-07.16.18.doc 3 Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: Approved by: �Ip1u uzrz( � City Attorney's Office 7 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 as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: Bedrock, L.L.C. Acknowledgment: State of County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority) of Bedrock, L.L.C.. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: ppdadMegtltlraft-va-07.16.18.doc 4 Deferred to 8/21/18 Prepared by: Sylvia Bochner,Planning Intern,410 E.Washington Street, Iowa City,IA 52240;319-356-5240 (REZ18-00014) Ordinance No. An ordinance conditionally rezoning approximately 3.41 acres from High Density Multifamily Residential (RM-44) zone to Riverfront Crossings—South Downtown Subdistrict (RFC-SD) zone located at 12 E. Court Street. (REZ18-00014) Whereas, the applicant, 100-500 LLC, has requested a rezoning of property located at 12 E. Court Street from High Density Multifamily Residential (RM-44) to Riverfront Crossings—South Downtown Subdistrict (RFC-SD); and Whereas, the Comprehensive Plan indicates that this property is appropriate for redevelopment of high density multifamily housing that contributes to a pedestrian friendly streetscape;and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, 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 compliance with the Downtown and Riverfront Crossings Master Plan including dedication of right of way and construction of Capitol Street;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 and 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 High Density Multifamily Residential (RM-44)to Riverfront Crossings—South Downtown Subdistrict(RFC-SD): ALL OF LOT 5,ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF.ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF.ALSO INCLUDING LOTS 1,2, 3, 4 BLOCK 93, IOWA CITY,ACCORDING TO THE RECORDED PLAT THEREOF. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the 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. Ordinance No. Page 2 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 20_. MAYOR ATTEST: CITY CLERK Apd � r' /l City Attorney's Office Prepared by:Sylvia Bochner, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5240(REZ18-00014) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City") and 100-500, L.L.C. (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 3.41 acres of property located at 12 E. Court Street; and Whereas, the Owner has requested the rezoning of said property from High Density Multifamily Residential (RM-44) to Riverfront Crossings—South Downtown Subdistrict (RFC- SD); and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding compliance with the Downtown and Riverfront Crossings Master Plan, including dedication of right of way and the construction of Capitol Street and streetscape enhancements on Burlington Street, 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 dedication of right of way and construction of Capitol Street and streetscape improvements on Burlington Street; 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. 100-500 LLC is the legal title holder of the property legally described as ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT ppcadmlagttrezl8-000014 cza.coc 1 THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan. 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 will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit for any of the subject property, Owner shall; Dedicate right of way of sufficient width to the City to facilitate the reestablishment of Capitol Street, and ii. Obtain approval of the exterior design elevations from the Planning and Zoning Commission. If Level II design review is required for bonus height, the Planning and Zoning Commission will review the proposed development plan and make a recommendation to the City Council. b. Prior to issuance of a certificate of occupancy for any of the subject property Owner shall: i. Build the Capitol Street right-of-way to specifications approved by the City Engineer, and ii. Install streetscape improvements to enhance the pedestrian environment on Burlington Street and Court Street, as described in the Downtown and Riverfront Crossings Master Plan. c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above-described property. 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. 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. 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind ppdadMagUrezl a-000014 aa.doc 2 all successors, representatives, and assigns of the parties. 8. 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. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. City of Iowa City Jim Throgmorton, Mayor By: V Attest: k • Kellie Fruehling, City Clerk By: roved by: City Attorney's Office 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 as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 100-500, L.L.C.Acknowledgment: ppdadMagUrezlS-000014 cza.doc 3 all successors, representatives, and assigns of the parties. 8. 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. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_ City of Iowa City l• 1 I//o -02—02 - Jim Throgm i don, M-yor By: v Attest: A Kellie Fruehlin., Sly Clerk By: Approved by City A orney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instru =•t was acknowledged before me on , e_ by Jim Throgmorton and Kellie - . -hling as Mayor and City Clerk, respe '• - y, of the City of Iowa City. Nota ' blic in and for the State of Iowa (Stamp or Seal) Title (and Rank) e100-500, L.L.C. Acknowledgment: ppdadMagUrez18000014 era 3 State of - County of cohn son This record was acknowledged before me on 5— R-/ —/ g (Date) by 'James A- C/e r-) _ (Name(s) of individual(s) as mcvne r (type of authority, such as member) of 100-500, L.L.C.. Not Public in and r the State of lo (Stamp or Seal) KELLIE K.FRUEHLING • Cartmission Mimbn X1979 Title (and Rank) Mr • airjernE My commission expires: ppdadndagVrezla-000014 cza.dac 4 � c, Prepared by: Anne Russett,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;319-356-5251 (REZ18- 00015) Ordinance No. An ordinance conditionally rezoning approximately 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue, from Interim Development Single-Family Residential (ID-RS) zone to Medium Density Single-Family (RS-8) zone and Low Density Multi-Family (RM-12) zone. (REZ18-00015) Whereas, the owner, Rollins Pass Development LLC, has requested a rezoning of property located at the southwest corner of Lower West Branch Road and Taft Avenue from Interim Development Single-Family Residential (ID-RS)zone to Medium Density Single-Family(RS-8)zone and Low Density Multi-Family(RM- 12)zone;and Whereas, the Comprehensive Plan encourages a variety of housing types and indicates that if this property develops, single-family would be appropriate and multi-family would be appropriate at major intersections;and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for general conformance with the concept plan, landscaping, provision of right-of-way, and multi-modal connectivity, 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 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 Interim Development Single-Family Residential(ID-RS)zone Low Density Multi-Family(RM-12)zone: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet; Thence 589°00'06"W, 358.23 feet; Thence Northwesterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears N45°29'25"W;Thence N00°01'04"E, 134.68 feet, to a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence 589°58'56"E, along said North Line, 505.90 feet, to the Point of Beginning. Said Zoning Parcel contains 3.19 Acres, and is subject to easements and restrictions of record. And the property described below is hereby reclassified from its current zoning designation of Interim Development Single-Family Residential(ID-RS)zone to Medium Density Single-Family(RS-8)zone: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Ordinance No. Page 2 Commencing at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa: Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet, to the Point of Beginning; Thence continuing S00°59'54"E, 167.25 feet, to the Northeast Corner of Stone Creek Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 181 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along the North Line of said Stone Creek Subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the West Line of said Stone Creek Subdivision, 394.12 feet, to the Southwest Corner thereof, and a Point on the North Line of Auditor's Parcel 2009079, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 219 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along said North Line, and the East Line of Stone Bridge Estates - Part Eight, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 247 of the Records of the Johnson County Recorder's Office, 49.25 feet; Thence N18°09'37"W, along said East Line, 315.27 feet; Thence N47°25'02"W, along said East Line, and the East Line of Stone Bridge Estates - Part Nine, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 400 of the Records of the Johnson County Recorder's Office, 293.89 feet; Thence N00°01'04"E, along the East Line of said Stone Bridge Estates - Part Nine, a distance of 348.01 feet, to the Northeast Corner thereof, and a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 174.79 feet; Thence S00°01'04"W, 134.68 feet; Thence Southeasterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears S45°29'25"E; Thence N89°00'06"E, 358.23 feet, to the Point of Beginning. Said Zoning Parcel contains 4.83 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa,to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances 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 ,20_ Mayor Attest: City Clerk Approved by„it* k City Attorneys Office /, /ie,, Ordinance No. Page It was moved by _and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Vacant - Botchway seat Cole Mims Salih Taylor Thomas Throgmorton First Consideration 07/17/2018 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Salih. Second Consideration 08/07/2018 Vote for passage:AYES: Salih, Taylor, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Vacant - Botchway seat. Date published • Prepared by:Anne Russett,Associate Planner,410 E.Washington,Iowa City, IA 52240(319)356-5251 (REZ18-00015) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), and Rollins Pass Development LLC (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue; and Whereas, the Owner has requested the rezoning of said property from Interim Development Single-Family Residential (ID-RS) to Low Density Multi-Family Residential (RM- 12) zone on approximately 3.19 acres and Medium Density Single-Family Residential (RS-8) zone on approximately 4.83 acres; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding general compliance with the concept plan, landscaping, provision of right- of-way, and multi-modal connectivity, 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 conditions outlined in this agreement address several public needs, including ensuring compatibility with the existing development pattern, providing adequate landscaping to buffer residents from traffic on Taft Avenue and enhance views and privacy for residents, and ensuring an interconnected and multi-modal transportation network for enhanced recreational opportunities; 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 compatibility with the existing development pattern and multi-modal connectivity; 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. Rollins Pass Development LLC is the legal title holder of the property legally described as A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, ppdadmtag&draft-conditional-zonIng-agreement-06.21.2018.doc 1 a distance of 278.35 feet; Thence S89°00'06"W, 358.23 feet; Thence Northwesterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears N45°29'25"W; Thence N00°01'04"E, 134.68 feet, to a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 505.90 feet, to the Point of Beginning. Said Zoning Parcel contains 3.19 Acres, and is subject to easements and restrictions of record. AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the East Quarter Corner of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°59'54"E, along the East Line of the Northeast Quarter of the Southeast Quarter of said Section 7, a distance of 278.35 feet, to the Point of Beginning; Thence continuing S00°59'54"E, 167.25 feet, to the Northeast Corner of Stone Creek Subdivision, in accordance with the Plat thereof Recorded in Plat Book 32 at Page 181 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along the North Line of said Stone Creek Subdivision, 331.58 feet, to the Northwest Corner thereof; Thence S00°59'54"E, along the West Line of said Stone Creek Subdivision, 394.12 feet, to the Southwest Corner thereof, and a Point on the North Line of Auditor's Parcel 2009079, in accordance with the Plat thereof Recorded in Plat Book 54 at Page 219 of the Records of the Johnson County Recorder's Office; Thence S89°00'06"W, along said North Line, and the East Line of Stone Bridge Estates - Part Eight, in accordance with the Plat thereof Recorded in Plat Book 58 at Page 247 of the Records of the Johnson County Recorder's Office, 49.25 feet; Thence N18°09'37"W, along said East Line, 315.27 feet; Thence N47°25'02"W, along said East Line, and the East Line of Stone Bridge Estates - Part Nine, in accordance with the Plat thereof Recorded in Plat Book 59 at Page 400 of the Records of the Johnson County Recorder's Office, 293.89 feet; Thence N00°01'04"E, along the East Line of said Stone Bridge Estates - Part Nine, a distance of 348.01 feet, to the Northeast Corner thereof, and a Point on the North Line of said Northeast Quarter of the Southeast Quarter; Thence S89°58'56"E, along said North Line, 174.79 feet; Thence S00°01'04"W, 134.68 feet; Thence Southeasterly, 238.28 feet, along a 150.00 foot radius curve, concave Northeasterly, whose 214.00 foot chord bears S45°29'25"E; Thence N89°00'06"E, 358.23 feet, to the Point of Beginning. Said Zoning Parcel contains 4.83 Acres, and is 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 Northeast District Plan. 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 will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadnJagt/draft-conditional-zoningagreement-06.21.2018.doc 2 a. The general compliance with the number and types of units identified in the proposed concept plan [Attachment 1], to ensure compatibility with the existing neighborhood and development pattern; b. The dedication of approximately 12 feet of public right-of-way along Taft Avenue to be dedicated to the City at the time of final platting; c. A detailed landscaping plan to ensure adequate buffering along Taft Avenue and enhance views and privacy at the southwest corner of the RM-12 zoned area; d. The creation of an outlot along the northwest portion of the property to provide the trail connection at the time of platting; and e. The dedication of right-of-way to provide access to the single-family property to the south at the time of platting. 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. 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 Owner's expense. Dated this day of , 20_ City of Iowa City Rollins Pass Development, L.L.C. Jim Throgmorton, Mayor By: �j AgEvt ppdadnJagUdraft-conditional-zoning-agreement-06.21.2018.doc 3 Attest: Kellie Fruehling, City Clerk By: Approved by: (Z.1/I Atte-mix-e-zi 4,1-02e-7,-, Ci y Attorney's Office 7 6 A8 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 as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Rollins Pass Development, L.L.C. Acknowledgment: State of:1-0-02, County of ytstil This record was acknowledged before me on 7-2-201? (Date) by i(cm__ (Name(s) of individual(s) as ociaer (type of authority, such as officer or trustee) of Rollins Pass Develdpment, L.L.C.. 4t4i-e1 e- c-Stil-- -1 Notary' blic in and for the State of Iowa SUZANNE E.SHEBEK (Stamp or Seal) ' co,f,missionNumber£xp � 57 my commission fespclobK 28.2019 Title (and Rank) My commission expires: /i)"--U-0712/4? ppdadr agt/draft-conditonal-zoning-agreement-08.21.201B.doc 4 ---rrr I I 1 - – ,. 8BQ98St - - _- 4 Y .w :. - , _.� - Y- _ C /gip • w rare • rr ,. , t'.., T.3 .3 ''.f ' sorro-o ^ �.. ,7NI'S1NV3111&gO SVIII 1 -.. •'1,1AiNnostiosVMO• IIS 1d30N0013V10M/ `v _ - - - • H0NV2191S3M213M01 r„ Ji : lit t • sm, • . 1,0, , ry t u a + s e fs i• '14 i. ��. .rP/' N•..........0....,-44J1_..q, ''-%--•,, � , ' • I.; 9g L ,_nom. _..._ • ._ �? �,w i — i. .: , " , , , _fit- _ , 1 ----_ Q ;�' IE . 519M]3dS X.1�IPdMB - s' +. ,•• • i Sll311GVM 33(]9DM1 - ; - ... `i' ( j I ? "E x — : +'+� e Y S+r33r.ON3v+> Ia ., �- —�—� ,� ------ t I i j 1 k4 • + E tt –. rte- —r v� I. r I; i V �1 • 4. uey N1..0 4 1N3 1.4k3V1it/ 08-07-18 4c STAFF REPORT To: Planning and Zoning Commission Prepared by: Anne Russett, Associate Planner Item: REZ18-00015 Date: June 7, 2018 GENERAL INFORMATION: Applicant: Allen Homes P.O. Box 3474 Iowa City, IA 52244 319-530-8238 allenhomesinc@gmail.com Property Owner: Jerry Lindemann 304 Summit Drive NE Iowa City, IA 52233 Contact: Ron Amelon MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 r.amelon@mmsconsultants.net Requested Action: Rezoning from Interim Development-Single Family Residential (ID-RS)to Low Density Multi- Family Residential Zone (RM-12) and Medium Density Single-Family Residential Zone (RS-8) Purpose: To allow the development of single-family and multi-family residential. Location: Southwest corner of Lower West Branch Road and Taft Avenue 2 Location Map: h 1 It �' o�L.r� 41 A .... o F a.. �•© CI -nom �`, + � py Tj 61. � wf61 � � \ t;: e aa .. G!l m Qr7 G34.8Q, �' t a. D O p `y , . IGS f• 4J�p Kt� i i � ,— r') l ' ' lit, Size: Total site: 8.02 acres Rezoning to RM-12: 3.19 acres Rezoning to RS-8: 4.83 acres Existing Land Use and Zoning: Undeveloped, Interim Development-Single Family Residential (ID-RS); Conditional zoning agreement adopted in 2000 as part of an annexation Surrounding Land Use and Zoning: North: Agriculture (County-A) South: Single-family residential (County-R); Single-family residential (OPD-5) East: Agriculture (County-A) West: Single-family residential (OPD-5) Comprehensive Plan: 2-8 dwelling units per acre; Single-family residential Neighborhood Open Space District: Lower West Branch (NE3) Public Meeting Notification: Property owners located within 300 feet of the project site received notification of the Planning and Zoning Commission public meeting File Date: May 17, 2018 45 Day Limitation Period: July 1, 2018 3 BACKGROUND INFORMATION: The applicant, Allen Homes, Inc., has requested a rezoning from the Interim Development— Single Family Residential Zone (ID-RS) to the Low Density Multi-Family Residential Zone (RM-12) and Medium Density Single-Family Residential Zone (RS-8). The total project site, located at the southwestern corner of Lower West Branch Road and Taft Avenue is 8.02 acres. The applicant has requested rezoning 3.19 acres to RM-12 and 4.83 acres to RS-8. Ralston Creek runs along the western border of the property. The City annexed the property in 2000 and it is currently undeveloped. At the time of annexation, the property was conditionally rezoned to ID-RS. The conditional zoning agreement from 2000 requires compliance with the Northeast District Plan and specifically references the provision of an interconnected trail, sidewalk and street system, preserving stream corridors and ensuring neighborhood access to open space areas. It noted that the use of traditional neighborhood design concepts, such as the use of narrow street pavement, alleys and green elements within streets, such as planted medians or small neighborhood greenspaces are encouraged. The applicant has used the "Good Neighbor Policy"; a Good Neighbor Meeting took place on May 31. ANALYSIS: Current Zoning: The property is currently zoned Interim Development—Single Family Residential (ID-RS). The Interim Development zoning designation applies to undeveloped properties without access to City services. The ID-RS zone district allows for nonurban uses of land, specifically crop-related agricultural uses. At this time a rezoning could occur due to the availability of existing City water and sanitary sewer service. As noted above,there is a conditional zoning agreement that encourages interconnected streets, sidewalks,trails, and the provision of certain pedestrian-friendly streetscape design. Proposed Zoning: The applicant has proposed rezoning 3.19 acres of the northeastern portion of the project site to the Low Density Multi-Family Residential Zone (RM-12). The RM-12 zone district allows for both single-family and multi-family housing. The maximum density allowed in this zone district is 15 dwelling units per acres, so a maximum of 47 dwelling units would be allowed on the 3.19 acres. The applicant is requesting that the remainder of the site, 4.83 acres, be rezoned to the Medium Density Single-Family Residential Zone (RS-8). The RS-8 zone district allows single-family residential uses at a density of up to 8 dwelling units per acre with a minimum lot size of 5,000 square feet. Duplexes are also permitted in the RS-8 zone district on corner lots. The minimum lot size for duplexes is 8,700 square feet. A maximum of 38 single- family units would be allowed on the 4.83 acres. Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan has designated this area for residential development at a density of 2-8 dwelling units per acre. The maximum number of dwelling units allowed by the Comprehensive Plan for the site is 64 dwelling units. The Northeast District Plan identifies this area for single-family residential development; however, the plan encourages housing diversity and specifically envisions the possibility of townhouses and small, multi-family buildings 4 at major intersections. Staff finds that the proposed rezoning is consistent with the Comprehensive Plan due to the location of the project site at a major intersection. Specifically, Taft Avenue is a proposed arterial, therefore, a mix of housing types, including multi-family is appropriate. Compatibility with Neighborhood: The project site is located at the City's eastern corporate limits and the areas to the north and east in the unincorporated County are currently not developed. The area to the west includes a recently developed single-family neighborhood. There is also one existing single-family home to the south of the project site located in the unincorporated County. Staff finds that the proposed rezoning is compatible with the neighborhood. The proposed rezoning places the RS-8 zone district to the western and southern edge of the project site, which will continue the existing single-family development pattern. The RM- 12 zone district is proposed at the corner of the project site focusing the higher density housing at the major intersection. Staff has received a proposed concept for the development from the applicant,which includes 32 dwelling units. Staff recommends including a condition to the rezoning that requires general conformance with the number and types of units identified in the proposed concept to ensure compatibility with the existing neighborhood and development pattern. Environmentally Sensitive Areas: Ralston Creek runs along the far western portion of the project site. Due to the presence of this watercourse, the zoning ordinance requires a Level 1 Sensitive Areas Review, which will be reviewed by staff prior to the issuance of any permits,to ensure the stream corridor is adequately buffered. Despite the location of the creek, the project site is not located within a floodplain. Historic Resources: There are no historic resources on the project site. However, remnants of an original stone railroad bridge crosses Ralston Creek southwest of the project site on land dedicated to the City for parkland at the time the Stone Bridge Estates, Part Eight was platted (though the City has not formally accepted ownership of this outlot at this time). The Northeast District Plan mentions the possibility of incorporating this bridge into the trail system. Traffic Implications,Access, and Street Design: The site can be accessed via Lower West Branch Road and Taft Avenue. Per the Iowa DOT, the current average daily traffic on Lower West Branch is 200 vehicles per day and the theoretical capacity of a two-lane collector is about 14,000 per day. Therefore, Lower West Branch Road can accommodate the amount of traffic anticipated to be generated from the proposed rezoning. Taft Avenue is currently an unimproved, chip seal roadway, but is planned as a future arterial street. The subdivision ordinance allows for the approval of subdivisions that access existing public streets that do not meet City standards, provided that the subdivider contributes to the future construction cost of bringing the segment of the street that abuts the project site to City standards. Therefore, the subdivider will be subject to the arterial street costs (12.5% of the total construction cost) at the time of final plat. Furthermore, the City will need approximately 12 feet of additional right-of-way to 5 improve Taft Avenue to an arterial. Staff recommends including a condition to the rezoning that requires the additional right-of-way to be dedicated at the time of platting. As a proposed arterial, Taft Avenue will provide an important connection to the city's industrial area to the south. The RM-12 and the RS-8 zone districts require a 40-foot building setback from arterials; however, due to the amount of truck traffic that Taft Avenue could generate staff recommends adding a condition requiring a detailed landscaping plan at the time of platting to ensure adequate buffering from Taft Avenue, as well as adequate landscaping for the RM-12 area of the project site. The Northeast District Plan discusses the importance of an interconnected transportation system. In addition,the Functional Bikeway Network in the City's Bicycle Master Plan identifies a future secondary multi-use trail along the western portion of the project site that will connect with the existing off-street paved path to the south. The subdivision ordinance allows the City to require an easement or dedication of an outlot in instances where a trail extension identified in the Comprehensive Plan is located on the project site. Based on discussions with Parks and Recreation staff an outlot is preferred since a future City park is already planned for the area southwest of the project site. Staff recommends including a condition to the rezoning that requires the creation of an outlot along Ralston Creek to provide the trail connection. To meet the Northeast District Plan's goal of an interconnected street network, staff also recommends including a condition to the rezoning that ensures roadway access to the single-family property to the south should it redevelop. The subdivision ordinance requires sidewalks on both sides of both public and private streets, so additional sidewalks will be required at the time of platting Neighborhood Parkland or Fees In-lieu of:Open space dedication or fees in lieu of are addressed at the time of subdivision. Based on 3.19 acres of RM-12 zoning and 4.83 acres of RS-8 zoning, the developer would be required to dedicate 0.37 acres of land. Depending on the amount of space provided for the trail connection, the applicant maybe able to meet all or a portion of the open space requirements on-site. If not, fees in lieu of dedication would be appropriate. Infrastructure Fees: The City requires developers to pay a $435 per acre fee for water service. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible for costs associated with the water and sanitary sewer improvements needed to serve the project site. SUMMARY: Based on the analysis, staff finds that the proposed rezoning with the identified conditions is both in compliance with the Comprehensive Plan and compatible with the existing neighborhood. The Comprehensive Plan allows for up to 64 dwelling units on the project site, encourages a mix of housing types, and identifies major intersections as appropriate for higher density housing. The proposed rezoning focuses the RM-12 zone district at the corner of Lower West Branch Road and Taft Avenue,while the RS-8 zone district covers the southern and western portions of the project site abutting Ralston Creek and existing single-family residential. 6 STAFF RECOMMENDATION: Staff recommends approval of REZ18-00015, an application submitted by Allen Homes,for a rezoning from ID-RS to RM-12 (3.19 acres) and RS-8 (4.83 acres) on 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue subject to the following conditions: 1) General compliance with the submitted concept plan in terms of number of units and type of housing proposed, 2) Provision of approximately 12 feet of additional right-of-way along Taft Avenue to be dedicated at the time of platting, 3) Detailed landscaping plan to ensure adequate buffering along Taft Avenue and in the proposed RM- 12 area at the time of platting,4) Creation of an outlot along Ralston Creek to provide the trail connection at the time of platting, and 5) Provision of roadway access to the single-family property to the south should it redevelop. ATTACHMENTS: 1. Location Map/Aerial Photograph 2. Zoning Exhibit 3. Concept Plan 4. Summary of Good Neighbor meeting & Sign-in Sheet Approved by: • Ct.j... Danielle Sitzman, Development Services Coordinator Department of Neighborhood and Development Services ppdadmin\stlrep\document2 N 1 r 1 «'‘4,7'r REZ18-00015 -111 ' . SW corner of Lower West Branch Rd and Taft Ave -.�.... ' 0 0.075 0.15 0.3 Miles CITY OF IOWA CITY I r I r I Prepared Qy: Luke Foclscl art y �-- a Yt j� t Cr' 71.- ,1 Datc Prcpnrcd: May 2018 w t w. ' �a BARBARO W =...:. �� i..4:•-• .: :1.., ,:', 11 tf,/41 �gTON UR # ,. k ... :11 A.14 0, it ti144W" 'i ' I 1 r �� I(- .4. (4 _ X `tom. ,� Mt-• -..---A:,.- ' -7.1, 1 •1§1d. - G - 1:ST f PATRICK ' �; , .. r : r LOWER WESTjBRANCH +'. � :�• , !� , . • 1 i 3 • � L'OWER.WESTiBRANCH �^ •'' ° * 0p�"J iR e��[ s , 7 r. `- i , (L� J - ,.J .+r te --�.. Fes .r [r•2 .4 ,1 �_. �...-. ��,// cc, o f t .,q� ;, Z ANNA �� Q; =5. .,,• 4 ,� `� 0` V r, ‘, ti MZ 2r ti'. LILLIAN 2, ml �'- k 0 e:,, 1, Z. �. r "'� H >y_,.> r - 1 W - tri y -J t ? f <�'_ 'u� `a'0, THAMES -'` ;' 47, It ' .,;, Z ',� r RUTH_ r' GZ " xm „? fh ' } Z . • . _ �.�.. � ti� , Legen.d ./ Ana application submitted b Allen Homes for `' r • _, .,•�� 1 PP Y _� ,,� - 2 1 _ rezoning of 8.02 acres located at the SW corner �'?"��- -,..;�, ._ 2J, � ., �, ::...�._-_, . t + Z of Lower West Branch Rd and Taft Ave from • ..( o Z z r RM 0 Interim Development Single-Family Residential (ID-RS) O w ;, l',,,,.' ..r ' - — ,r-6, siW to Low Density Multi-Family Residential (RM 12) z >-- • . ., RALEIGH FW. ;;,; c w &Medium Density Single-Family Residential (RS8). _, o 'L' II : _ _ L ZON ING EXHIBITEAST WARTER CORNER M 589 174.7y'_.x. OF THE FIFTH P.M. PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHEAST l� Se9'5 'S6-E sas.9a• QUARTER OF SECTION 7,TOWNSHIP 79 NORTH.RANGE 5 i i 1 ILC 1V'A 511 EST BR yANC[} Ga3®/R1[6� I WEST,OF THE FIFTH P.M. ':- $o POINT OF BEGINNING r- IOWA CITY,1 , JOHNSON COUNTY, IOWA L( om ZONING PARCEL#' $ A n ^P z 1 f �91�.�. -; LEGEND AND NOTES R-15000 • CML ENGINEERS �',. I • I}, -CANCRESSIONAL CORNER,FOUND -� I , L-236.28; ZONING PARCEL #1 1 I _ _ -_PROPERTY&'or BOUNDARY LINES r,152.66 - - CONGRESSIONAL SECTION UNES LAND PLANNERS C-214.00' -RIGHT-CF-WAY USES �, � CB- 29'25'w ZS'M I D-RS TO RM 12 i': -LOTCENTER &USES LAND SURVEYORS -LOT LINES PLATTED OR BY DEED -�M W 3.19 ACRES ( ua { EXISTING EASEr4ENT UNES, PURPOSE NOTED LANDSCAPEARCHfTECTS LJ -RECORDED pMEN9oN5 ENVIRONMENTAL SPECIALISTS M97 VO'S8" t`, O : R-150.00• (�+; -ArEASURED pMLN510Ns 1917 S.GILBERT ST. c'--"' p L-238.26' I I UNLESS NOTED 09EANISE.ALL DIMENSIONS ARE M FEET 4N0 HUNDREDTHS O/,�f� a T=132.58' I IOWA CITY,IOWA 52240 0 6 g C-214.00' 380.23' 3EEDy0E'w f DESCRIPTION-ZONING PARCEL ttt IID-RS TO RM12) (319)351-8282 ce-s45zs•zs'E itscroo'ae E 31lsls -- \ I www.mmsconsuttants.net Sjt7�Jj A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF _CSPOINT OF BEGINNING § : SECTION 7, TOWNSHIP 79 NORTH. RANGE 5 WEST, OF THE FIFTH PRINCIPAL l e I MERIDIAN,IOWA CITY,JOHNSON COUNTY,IOWA.DESCRIBED AS FOLLOWS: 0- ; ZONING PARCEL #2 g ZONING PARCEL z \ Beginning al the East Quarter Comer of Section 7,Township 79 North.Range 5 West of the 0 I D-RS TO RS 8 I - I Fifth Principal Meridian,Iowa City,Johnson County,Iowa;Thence S00°59'54'E.along the East a.8?ACRES w , Line of the Northeast Quarter of the Southeast Quarter of said Section 7,a distance of 278.35 Dote R MIlc"" �o� feet:Thence S89'00'06°W,358.23 feet;Thence Northwesterly,238.28 feet,along a 150,00 foot 1�� �� �� �1 o I 1 I radius curve,concave Northeasterly.whose 214.00 foot chord bears N45.29'25'W; Thence 0 N00°01'04'E, 134.68 feet, to a Point on the North Line of said Northeast Quarter of the O ‘, 331.513. 1 Se9'OO'08'w I - Southeast Quarter:Thence S89°58'S6'E,along said North Line,505.90 feet,to the Point of 1l�pp qp �0 f I I Beginning.Said Zoning Parcel contains 3.19 Acres,and Is subject to easements and restrictions O14U U LS I p "3" �� �C (� (�!( of record. l� �s°d� STONE� ����u`� DESCRIPTION-ZONING PARCEL 02(ID-RS TO RS8) BUJ o DOMOSOOG� I I STONE I IRO1 t ESTATES` , N AU,o1mME NTH Of RAT re � � MX x�a � PORTION ONORTHEAST SOUTHEAST QUARTER OF I I SECTION 7, TOWNSHIP 79 NORTH, RANGE S WEST, OFTHE FIFTH PRINCIPAL o PART2orHSane rsaue* awry.5t IDI MERIDIAN,IOWA CITY,JOHNSON COUNTY,IOWA,DESCRIBED AS FOLLOWS: ZONING EXHIBIT N ALGQrOwet WM1 r1!MT TINIEOP WARD N PLAT DOM ' 9E AT rode 1.41 Q TM Ne OMNI ER De ONION NWT 1' Commencing at the East Quarter Corner of Section 7,Township 79 North,Range 5 West.of the przoA EPA____ uS - I I FIBh Principal Meridian,Iowa City,Johnson County,Iowa:Thence S00'59'54-E,along the East >\ Y 8 , ; Line of the Northeast Quarter of the Southeast Quarter of said Section 7,a distance of 278.35 ____ __ _Il c ' feet,to the Point of Beginning:Thence continuing S00°59'54'E.167.25 feel,to the Northeast PORTIONS OF THE NORTHEAST 97 A- A A I G9�I Corner of Stone Creek Subdivision.In accordance wittt the Plat thereof Recorded in Plat Book QUARTER OF THE SOUTHEAST '^ •198 iE g; 32 at Page 181 of the Records of the Johnson County Recorder's Office;Thence S89°00'06'W, QUARTER OF SECTION 7, 1113 gio.III, ' I C' along the North Line of said Stone Creek Subdivision, 331.58 feet.to the Northwest Corner TOWNSHIP 79 NORTH.RANGE 5 I I j IWEST.OF THE FIFTH P.M. Hereof; Thence S00'S9'S4-E,along the West Line of said Stone Creek Subdivision,394.12 y feet. to the Southwest Corner thereof, and a Point on the North Use of Auditors Parcel IOWA CITY 7.------N\------- o m . 2009079,In accordance with the Plat thereof Recorded In Plat Book 54 at Page 219 of the e, I IalongJOHNSON COUNTY ��� $. �pp � Records of the Johnson County Recorder's Once;Thence S89°00'O6'W, said North Llno. �� \ \ > Itltl I , and the East Line of Stone Bridge Estates-Part Eight,In accordance with the Plat thereof IOWA £ o+o n so rs ftp ' ' Recorded In Plat Book 58 at Page 247 of the Records of the Johnson County Recorder's Office. MMS CONSULTANTS,INC. GRAPMCSCALEINFEET 49.25 feet:Thence NI8109'37'W. along said East Line, 315.27 feet Thence N4T25'02'W, ��j r P•100 , along said East Line.and the East Line of Stone Bridge Estates-Part Nine,in accordance with Dote, ' ' the Plat thereof Recorded In Plat Book 59 at Page 400 of the Records of the Johnson County 05-16-2018 �� I f -�I I Recorders Office.293.89 feet:Thence N00'01'04-E,along the East Line of said Stone Bridge Desig,ed by Field Book No, On 99 . ' 589000,5'w AU U Wl� PARCEL , Estates-Part Nine,a distance of 348.01 feet,to the Northeast Corner thereof,and a Point on bJ' RLA ale 519 0 ' the North Line of said Northeast Quarter of the Southeast Quarter,Thence S89°58'56'E,alongDrain North Line,174,79 feet:Thence 38.28 _10M �I�M a4 2IUJ0�JIvJ7I I I feel.along a 150.00 foot radius curve,concavevNortheasterly,twhose c214.00 foot chorde Southeasterly, bearsChecked by,LW !No, 100' �� ,O N Acc�s►8t•or ,�n_,,,, rpc� ' S45'29'25'E:Thence N89'00'06'E,358.23 feet.to the Point of Beginning.Said Zoning Parcel JEL t 'l'�. H H.AT 5attC 54 AT nae 017 us tri retains a contains 4.83 Acres,end Is subject to easements and restrictions of record. PFoJeL!No, 10 fie.at'AAIN LAMY Pre.dneK4 e+ree I I IC 7596-099 of, 1 -- r • • � om $ - , , !� ; "' ' i { a ,Ii ii ' i I / f '£ 1 ` ; qr {� • �I Se - '.'tu'su+rinsHo3sww ': � ' • r • t l( • s 1a-• ;,: (1 1 i:,',I A r...t,; , . • -. 1",;i; > '. .., ; ; . '., ', : 'L, : ',. 's. 7, '`'. '17,.; ., '.',',,\•',''''';, \ ', .‘"•\\4.,. ...:,'-'•••••,_! ./. ----'-- .-..--'• '.,:j,/ IA ' --l• '' '' .--, :. AwIIO�NOSNHO' , '; •I I IF tr, • •• t C•IN: �1 ,y� ., \� , -_-•„-..-egin -.M KN3NESS3Mtl3MOl ,' .,.. 1;,:. %;\\'\ K ',,,"i_:- I` ---r 7-'+r---. :',.2..,‘1.1: I et: • i o. • • ' t • fir • •: a.l'%I i ? -r. �•, I ill , ,,.:, . : ,.. ..i :, :_,..:., _ . ng.,_,,,,t,(3.1.11,A0,‘I,,;:.,.;;;I:i1H„I:,11„. ... !ii ,.,,,; , ._ —4.--,. •'\ ;1:., • . • Otrg,' ,... I I ; • I`• � 1' I +' VrI rg 0 `v ._. .- .�� t n5� ,'•..;�i I .! •:7,--,:.,..,,,,� , . ,,� ==:. �,•' – -;;;, ., ii 1 yea 11 - is' 1` - .a-';-�= ,.:,.:=_.s—.-,-- --1--- ----:-:,------ a 1 I# ;•„•' ;. ,.,: I ` / -\ /�� S yw.- ,tea-,'-- 44+,,,— - .11...iii l:�_ JCWS!,•' . '—+ sili-al,.. —_,..�...�.. ..._._..._ --- • j` ��¢¢ ._. ',, VW 1 1'.''.•'...1 ''''.,1.'"' .71.. • 'V'•....:' ' /". ii 1."-- . .r.'".. -, - !II...4 1 f i :4-:::11-1t. ---..f-al --s , .........,......w. s'•-,„ rc_.:?',1 10 '.I l'•' 11131011=11. 1.11.1111111 :, j\ i N; .'; c-'':;7,:',',..,2',, ''',,,',4ti„ a. . SiMendSwautove tuL�aiwlansom is I C;:•:i - l i =MEM1 F' �a p =1.. _ _e- I{ :alp �"___—- p ',. 1 `-_;,.-----1,„:..,.i W •Y _ - �� - .-. l4.-- �I r i a Summary Report for :war 1r -- k , Good Neighbor Meeting CITY OF IOWA CITY Project Name: Rezoning Lower West Branch &Taft project Location: Lower West Branch Road Meeting Date and Time: Thurs., May 31at 5:30 Meeting Location: St. Patrick's Church Names of Applicant Representatives attending: Jesse Allen &John Yapp Ron Amelon&Gina Landau Names of City Staff Representatives attending: Bob Miklo,Anne Russett, & Danielle Number of Neighbors Attending: 5 Sign-In Attached?Yes X No General Comments received regarding project(attach additional sheets if necessary)- Neighbors had positive comments about the building designs Jesse showed them on his I-Pad. They were not too surprised that this area will be rezoned/developed in the near future. General questions about Lindemann Pt.B were addressed (that GNM was held several months ago) Questions on average cost of new homes and on size of lots Wanted to know timeframe for construction of infrastructure and residential units Discussion about future park in Stone Bridge,is currently an OL that will be dedicated to the city Concerns expressed regarding project (attach additional sheets if necessary) - Main concern was about excessive speed on Taft Avenue. Needs mare signage so people know it's 35,not 50. Concerned about the city taking 12'from Recker property to widen Taft when that happens Neighbors wanted to make sure that the density wouldn't change from this concept plan to approval Questions about flooding that happens near the Recker property streamline. Dirt will need to be brought in and set MLOs for houses Concerns about upgrading Taft because it's an arterial and will need to be widened Questioned visibility for an entrance off of Taft-Jesse will pay a fee Will there be any changes made to the proposal based on this input? If so, describe: The sidewalk trail will be moved to be adjacent to Ralston Creek Staff Representative Comments Good Neighbor Meeting Thurs., May 31, 2018 @ 5:30pm Rezoning- Lower West Branch Rd. &Taft Ave. St. Patrick's Church 1 /! Name Address 4 V rLc plit,ten_ y33& ST&z R a G Ley 9 6 y 'j L Li.9 6 st ri kt Ke doer 7Y-2J2 Tia des- goo ff-r,, H -- �- - RD-1U_ 3 /1- (p3 (f 21i 7 • Planning and Zoning Commission June 7, 2018 Page 2 of 7 subdivision, located north of Foster Road, south of 1-80, west of N. Dubuque Street, east of Mackinaw Drive. Miklo stated the staff is requesting this item be deferred until the June 21 meeting. He said that the traffic study had just been submitted and needed to be reviewed by staff. He noted that the stormwater management plan was also still being reviewed by the City Engineer and the wetland determination had not yet been resolved. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Hensch moved to defer REZ18-00013/SUB18-00006 until the June 21 meeting. Martin seconded the motion. A vote was taken and the motion passed 7-0. REZONING/DEVELOPMENT ITEM (REZ18-00005/SUB18-00005): The application, submitted by Bedrock, LLC for a rezoning of approximately 18.03 acres from Interim Development Multifamily Residential (ID-RM)zone to Planned Development Overlay/Low Density Single Family Residential (OPD/ RS-5) zone and Planned Development Overlay/Low Density Multifamily Residential (OPD-12) zone and a preliminary plat of Cherry Creek Subdivision, a 17-lot, 18.03-acre residential subdivision located east of S. Gilbert St& south of Waterfront Dr. Miklo stated the applicant is requesting this item be deferred until the June 21 meeting. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. . Theobald moved to defer REZ18-00005/SUB18-00005 until the June 21 meeting. Signs seconded the motion. A vote was taken and the motion passed 7-0. REZONING ITEM (REZ18-00015): Discussion of an application submitted by Allen Homes, for a rezoning of approximately 8.02 acres from Interim Development-Single Family Residential (ID-RS) zone to Low Density Multi- Family Residential (RM-12)zone (3.19 acres) and Medium Density Single-Family Residential (RS-8) zone (4.83 acres) located at the southwest corner of Lower West Branch Road and Taft Avenue. Planning and Zoning Commission June 7, 2018 Page 3 of 7 Signs recused himself from this item and left the room as his company had some interest in this • property. Miklo introduced Anne Russett, Associate Planner, who recently joined the City staff. Russett presented the Staff report noting this property was annexed into the City in 2000 and at that time was zoned to ID-RS (Interim Development - Single Family Residential Zone). Russett showed an aerial map of the property, most of the area around the property is undeveloped, the area to the north and to the east is undeveloped in the unincorporated part of Johnson County, the property to the south is an existing single family home in Johnson County, and the area to the west, south of Lower West Branch Road, is in the City limits and is an existing single family neighborhood. Russett showed the zoning map of the area, the current zoning of ID-RS is typically used for areas where there is not existing City water and sanitary sewer service and uses that are allowed in this zone are non-urban uses such as row crops. Rezoning at this time is appropriate because there is access to water and sanitary sewer. In terms of the surrounding zonings, most of the land in the County is zoned agriculture, the property to the south in the County is zoned residential, and the area to the west is planned development overlay, also zoned single family. The applicant is requesting 4.83 acres be rezoned to the Medium Density Single-Family Residential Zone (RS-8) and the 3.19 acres of the northeastern portion of the project site to the Low Density Multi-Family Residential Zone (RM-12). The Future Land Use Map of the Comprehensive Plan has designated this area for residential development at a density of 2-8 dwelling units per acre. The Northeast District Plan identifies this area for single-family residential development; however, the plan encourages housing diversity and specifically envisions the possibility of townhouses and small, multi-family buildings at major intersections such as Lower West Branch Road and Taft Avenue. Russett noted the applicant has submitted a concept plan for this property, the plan Russett is showing this evening is a little different than the one that was provided with the meeting agenda packet. The applicant is proposing 32 residential units, on the western and southern portion of the site they are proposing 11 single family homes and concentrating the townhomes and higher density area at the corner of Taft Avenue and Lower West Branch Road. Staff recommends including a condition to the rezoning that requires general conformance with the number and types of units identified in the proposed concept to ensure compatibility with the existing neighborhood and development pattern. In terms of traffic, access and street design, Russett stated Taft Avenue is planned as a future arterial street and the City would need an additional 12 feet of right-of-way to make those improvements. Therefore Staff is recommending the following conditions: (1) the additional right-of-way be dedicated at the time of platting and (2) a detailed landscaping plan also be provided at platting. Taft Avenue will be an important connection to the industrial area to the south and future truck traffic is anticipated in this area so a sufficient landscape buffer needs to be in place. Additionally the Northeast District Plan encourages an interconnected transportation system and the City's Bicycle Master Plan identifies a future secondary multi-use trail along the western portion of the project site that will connect with the existing off-street paved path to the south. Therefore Staff is recommending two additional conditions: (1) a dedication of an outlot to provide the trail connection at platting and (2) a provision'of roadway access to the single-family property to the south should it redevelop. Russett showed the revised concept plan and pointed out some of the changes on this plan versus the one provided in the agenda packets are the applicant has provided the outlot to provide for the trail connection. Additionally there is land to Planning and Zoning Commission June 7, 2018 Page 4 of 7 the south of the subject property that was dedicated to the City for a park, it has yet to be conveyed to the City but when it is complete there will be a park and trail connectivity up to Lower West Branch Road. On the land dedicated to the City, there is also remnants of an original stone railroad bridge that crosses Ralston Creek and the Northeast District Plan mentions the possibility of incorporating this bridge into the trail system. Other changes to the new concept plan include originally there was a connection between lots 5 and 6 which has been removed, however Staff has requested the applicant add that connection back in to ensure access for the residents to the park and trails. At the subdivision phase of development the applicant would be required to meet the City's open space requirements, , Staff has calculated a needed dedication of 0.37 acres. Depending on the amount of space provided for the trail connection, the applicant may be able to meet all or a portion of the open space requirements on-site. If not, fees in lieu of dedication would be appropriate. Based on the analysis, Staff finds that the proposed rezoning with the identified conditions is both in compliance with the Comprehensive Plan and compatible with the existing neighborhood and recommends approval subject to the following conditions: (1) General compliance with the submitted concept plan in terms of number of units and type of housing proposed, (2) Provision of approximately 12 feet of additional right-of-way along Taft Avenue to be dedicated at the time of platting, (3) Detailed landscaping plan to ensure adequate buffering along Taft Avenue and in the proposed RM- 12 area at the time of platting, (4) Creation of an outlot along Ralston Creek to provide the trail connection at the time of platting, and (5) Provision of roadway access to the single-family property to the south should it redevelop. Freerks clarified in the analysis of the proposed zoning where the number of units that could be available in the 3.19 acres and the 4.83 acres is worded that the maximum density allowed in . this zone district is 15 dwelling units per acre, and it needs to be worded as "up to that amount" because the maximum is not guaranteed. Freerks questioned the sensitive areas and if any waivers would be requested. Russett confirmed they are not aware of any waiver requests noting the one sensitive area is Ralston Creek and on the concept plan the applicant is showing the appropriate buffer. Parsons asked about the flood plain for the creek and the buffer. Russett said the applicant could address that but the subject property is not within a flood plain. Miklo said the green lines on the concept plan show the buffer line required for a stream corridor. Hensch asked about the old stone bridge and,if the Historic Preservation Commission has reviewed it. Miklo said the old stone bridge was identified when the City created the Northeast District Plan and was called out as something to be preserved which is why that land is called out as being dedicated as future park land for the City. Hensch asked what the requirements were for the buffering of Ralston Creek. Russett replied the buffer must be 15 feet from the center of the stream when its outside of the floodplain. Hensch asked about the landscaping plan. Russett said in addition to the buffer staff is recommending the landscaping focus on the RM-12 area to buffer views from surrounding single family homes. Hensch noted one of his concerns is with all the construction and disturbance of agricultural area is the silt running into Ralston Creek. Miklo stated that all construction areas must have an erosion control plan before there is any development activity. Hensch stated he Planning and Zoning Commission June 7,2018 Page 5 of 7 just wants to make sure the Creek is protected. Freerks opened the public hearing. John Yaps.(Allen Homes) stated the applicants do agree with the Staff recommendations. He showed some pictures of the subject property. The property is a remnant of the old Lindemann Farms, Mr. Lindemann decided to stop farming last year and put this property up for sale and Allen Homes acquired it. Yapp pointed out there is a wide sidewalk already along the north side of the property that ties into the City's sidewalk and trail system. The proposal is for a mix of single family and townhouses and Yapp showed a similar townhouse design concept as an example and noted these townhomes will be different than the townhomes being constructed in the Lindemann Part 8 subdivision to the west to avoid repetitiveness: Yapp noted they held a good neighbor meeting and felt the results were positive, a summary was shared with the Commission in their meeting agenda packets. John Moreland (property owner to the west) stated he is in support of this project but would like to make sure the specific number of units allowed on the site are spelled out on the conditional zoning, it needs to indicate exactly how many townhouses and how many single family. With regards to the land donated for the park and the old stone bridge, one of the local historians has done a booklet on that old railroad bridge. Freerks noted with the conditions that the rezoning is conditional on the proposed concept plan it will make sure the number of units allowed on the site will stay as proposed. Freerks closed the public hearing. Hensch moved to approve REZ18-00015, an application submitted by Allen Homes,for a rezoning from ID-RS to RM-12 (3.19 acres) and RS-8 (4.83 acres) on 8.02 acres of property located at the southwest corner of Lower West Branch Road and Taft Avenue subject to the following conditions: 1) General compliance with the submitted concept plan in terms of number of units and type of housing proposed, 2) Provision of approximately 12 feet of additional right-of-way along Taft Avenue to be dedicated at the time of platting, 3) Detailed landscaping plan to ensure adequate buffering along Taft Avenue and in the proposed RM- 12 area at the time of platting, 4) Creation of an outlot along Ralston Creek to provide the trail connection at the time of platting, and 5) Provision of roadway access to the single-family property to the south should It redevelop. Theobald seconded the motion. Hensch is in favor of the plan generally but is concerned as past projects have shown why there is such a need for landscaping plans so need to be sure the landscaping plan is followed through on and that the areas around Ralston Creek are maintained if not improved. • Freerks added at the platting stage she hopes some attention is paid to outdoor amenities for the area. A vote was taken and the motion passed 6-0 (Signs not present for vote). Prepared by.Brad Neumann,Assistant Trans.Planner,410 E.Washington Street, Iowa City,IA 52240;319-356-5235 Ordinance No. Consider an ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 3, Entitled "Rules of the Road," Section 6, Entitled "Speed Restrictions," to establish a 35- mph speed limit on Camp Cardinal Boulevard from Melrose Avenue north to a point 550 feet south of the city limits and to establish a 25-mph speed limit on Camp Cardinal Boulevard from the city limits to a point 550 feet south Whereas, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; and Whereas, based on engineering judgment, a 35-mph speed limit is recommended for a portion of Camp Cardinal Boulevard; and Whereas, based on engineering judgment and coordination with the City of Coralville, a 25-mph speed limit is recommended for a portion of Camp Cardinal Boulevard; and Whereas, a portion of Camp Cardinal Boulevard is located outside of the Iowa City corporate limits, therefore the City of Coralville will also consider approval of the 25-mph speed limit; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," is hereby amended by adding the following language: Maximum Speed Limit Name of Street (mph) Where Limit Applies Camp Cardinal From Melrose Avenue to a point 550 feet south of the Boulevard 35 City Limits. Camp Cardinal25 From the City Limits to a point 550 feet south. Boulevard Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severabilfir. 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 2018. Mayor Attest: City Clerk roved b City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Vacant—Botchway seat Cole Mims Salih Taylor Thomas Throgmorton First Consideration 08/07/2018 Voteforpassage: AYES: Thomas, Throgmorton, Cole, Mims, Salih, Taylor. NAYS: None. ABSENT: Vacant — Botchway seat Second Consideration Vote for passage: Date published IS 1CITY OF IOWA CI �.:.®� os-0748 ��' COUNCIL ACTION REP 1 6 August 7, 2018 Consider an ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 3, Entitled "Rules of the Road," Section 6, Entitled "Speed Restrictions," to establish a 35-mph speed limit on Camp Cardinal Boulevard from Melrose Avenue north to a point 550 feet south of the city limits and to establish a 25-mph speed limit on Camp Cardinal Boulevard from the city limits to a point 550 feet south Prepared By: Brad Neumann, Acting Senior Transportation Engineering Planner Reviewed By: Simon Andrew, Assistant to the City Manager Tracy Hightshoe, Neighborhood & Development Services Director Kent Ralston, Transportation Planner Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Camp Cardinal Boulevard Speed Limit Ordinance Executive Summary: Iowa City Code does not currently define the maximum speed limit on Camp Cardinal Boulevard as 35-mph.This action will set the maximum allowable speed at 35-mph which is consistent with Coralville's portion of Camp Cardinal Boulevard. This action will also allow for the implementation of a 25-mph speed limit, in conjunction with the City of Coralville, north and south of Kennedy Parkway allowing for a safer pedestrian crossing. Background /Analysis: • The intersection in question is under joint jurisdiction with the north half of the intersection in the City of Coralville and the south half of the intersection in Iowa City. In anticipation of the increasing need for pedestrians to cross this intersection, staff worked with the City of Coralville to jointly implement a number of safety improvements. Most notably the recent installation of high-visibility fluorescent green school crosswalk warning signs in advance of the crosswalk (as well as at the crosswalk itself)for both north and southbound motorists on Camp Cardinal Boulevard. Staff also installed a marked/painted crosswalk to further delineate the crossing and make the crossing more conspicuous to motorists. The attached ordinance will further safety/convenience at this location by reducing the speed limit to 25 mph for a distance of approximately 550' north and south of the intersection of Kennedy Parkway to allow pedestrians with a more comfortable crossing of Camp Cardinal Boulevard. The City of Coralville does not utilize school speed zones of 20 mph as is done in Iowa City so this action allows for a consistent speed zone to be established. 6 Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. Ordinance amending Title 8, entitled "Police Regulations," Chapter 3, entitled "General Animal Regulations," and Chapter 4, entitled "Animal Control"to provide for animal services. Whereas, Sections 8-3 and 8-4 of the City Code govern animal services including licensing, permitting, and neglect; Whereas, staff recommends combining the two chapters, eliminating duplicative provisions, clarifying certain provisions, and adding new provisions on tethering and irresponsible owners; Whereas, because the civil penalty in a municipal infraction for violating an animal code provision is $10 for first offense (with the exception of the provision on urban chickens) and either $100 or $250 for all other City Code violations, the civil penalty for violating an animal code provision should be increased to $100 for first offense; and Whereas, it is in the best interest of the City 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 8, Chapter 3, entitled "General Animal Regulations," and Chapter 4, entitled "Animal Control" are deleted in their entirety and the following new Chapter 4, entitled "Animal Services" is substituted in lieu thereof: 8-4-1: Definitions As used in this chapter, the following definitions shall apply: Abandon: Failure to provide adequate care on-site for a period of seventeen (17) hours or failure to provide control over and shelter, food and water for an animal without having made satisfactory arrangements for care, custody and physical control of such animal. Adequate Food: Providing, at suitable intervals of not more than twenty-four(24) hours, unless the dietary requirements of the animal so require, a quantity and quality of wholesome foodstuff, suitable for the physical condition and age of the animal, served in a clean receptacle or container, sufficient to maintain an adequate level of nutrition for such animal. Adequate Indoor Shelter: A properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to protect the animal from extremes of temperature and sufficient to provide for the animal's health and comfort. Adequate Outdoor Shelter: A structurally sound and weatherproof shelter made up of three (3) solid sides, a roof and a floor off the ground, which provides adequate protection from exposure to weather conditions and is placed in an area free of debris, feces and standing water. An adequate outdoor shelter must meet the requirements of adequate space. An animal crate is not an adequate outdoor shelter. Adequate Sanitation: Cleaning or sanitizing of enclosures and housing facilities to remove excreta and other waste materials and dirt so as to minimize health hazards, flies or odors. Adequate Space: Primary enclosures and housing facilities constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. The minimum confinement area set forth in Section 8-4-6 of this Code is an adequate space. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress or abnormal behavior patterns. Adequate Veterinary Care: Prompt and reasonable care provided to a sick, diseased or injured animal by a licensed veterinarian, euthanized in a manner deemed appropriate by the city, or turned over to the City with approval of the Chief or Police, or designee. Adequate Water: Reasonable access to a supply of clean, fresh, potable water, provided in a sanitary manner. Animal: Any living creature, domestic or wild, except a human being. Animal Acts Or Exhibitions: Any act, exhibit, or display containing one or more live animals which are exposed to public view for entertainment or advertisement regardless of whether there is a fee or consideration. Permit is required. Animal Crate: A plastic or metal cage used for the temporary and short term containment of animals inside a building, vehicle, or other enclosed space. Animal Performance: Any place or performance where one or more animals are used in the production of any motion picture, television, radio, internet, digital, or theatrical performance, whether for entertainment, instruction, or advertising. Permit is required Animal Services Officer: City employee whose duties and responsibilities are to enforce this chapter. Animal Shelter: The pound owned and operated by the City of Iowa City. The animal shelter is a pound as defined in Chapter 162 of the Code of Iowa, as amended. Animal Shelter Staff: A City employee who works at the animal shelter, including animal services officers. Animal Show: Any place where animals are being exhibited and/or judged. Permit is required Breeder: Any person who causes the breeding of a male or female dog or cat, or makes or allows a dog or cat to be available for breeding, or a person who offers to sell a puppy or kitten that is a direct offspring of their adult dog or cat. Permit is required. Cat Kennel: Any lot, building, structure, enclosure or premises where six (6) or more cats over the age of four (4) months are kept or maintained for consideration. Permit is required. Cat Group: Any lot, building, structure, enclosure or premises where six (6) or more cats over the age of four (4) months are kept or maintained by the owner for no consideration. Permit is required. Circus: An event or performance which charges members of the public an admission fee to watch trained lions, tigers, elephants, or other animals perform under the whip or command of a ringmaster, trainer, or handler. Defilement: To foul, dirty, pollute or make filthy, either by the animal's body or wastes or by the 2 animal carrying or dragging any foul material. Dog Group: Any lot, building, structure, enclosure, or premises where four(4) or more dogs over the age of four(4) months are kept or maintained by the owner for no consideration. Permit is required. Dog Kennel. Any lot, building, structure, enclosure or premises where four(4) or more dogs over the age of four (4) months are kept or maintained for consideration. Permit is required. Educational Animal Act Or Exhibition: Any act, exhibit, or display containing one or more live animals which are exposed to public view for education or instruction for no fee or consideration. Permit is required. Fence: A physical barrier intended to prevent escape or intrusion, entry or exit, made of posts and wire, boards, stone, brick, or similar material. Invisible fencing systems using underground wire or electronic collar devices are not considered fencing for the purposes of this chapter. Groomer: Any person who cuts the hair of, trims the toenails of, brushes the hair of, and/or bathes dogs or cats for consideration or any commercial establishment that engages in cutting the hair of, trimming the nails of, brushing the hair of and/or bathing dogs or cats. Permit is required. Guard/Attack Dog: A dog trained to attack persons upon the command of its master or custodian or upon the actions of an individual, with the exception of a dog owned by a law enforcement agency. Leash: A rope, line, thong, chain or other similar restraint, not more than ten feet(10') in length, of sufficient strength to hold the animal in check. A restraint that is designed to extend beyond 10 feet(10') and retract is a leash if: a) it cannot be extended more than twenty-five feet(25') and b) it may be manually locked such that it does not extend more than ten feet (10'). License: A permit issued by the City to possess an animal as required by this chapter. Livestock: An animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, emus; farm deer, as defined in section 481A.1, code of Iowa, as amended; or poultry. Microchip: An encapsulated biocompatible computer chip, programmed with a unique identification number, injected under the skin of an animal to provide permanent identification. Molest: Includes not only biting and scratching a human or other animal, but also any annoyance, interference with or meddling with any such human or animal. Owner: In addition to its ordinary meaning, includes any person who owns, keeps, maintains, possesses, fosters, or harbors an animal or who knowingly permits an animal to remain on any premises occupied by that person. Major Pet Shop: Any commercial establishment where animals, including dogs and cats, are bought sold, exchanged or offered for sale. Permit is required. Minor Pet Shop: Any commercial establishment where animals, except for dogs and cats, are bought, sold, exchanged, or offered for sale. Permit is required. 3 Person: Any natural or corporate person, business association, partnership or any other legal entity. Pigeon Or Dove Loft: Any cage, loft, or enclosure where five (5) or more pigeons or doves are kept or maintained. Private Property: All buildings and other property owned by a private person, including buildings, yards and service and parking areas. Prohibited Animals: The following genus/species of animals are hereby declared to be prohibited and a permit is required in order for said animal to be within the City: A. Canidae within the order Carnivora (e.g., wolves, wolf-dog hybrids which are at least 50 percent wolf, coyotes, coyote-dog hybrids which are at least 50 percent coyote, foxes, jackals), but excluding Canis familiaris, the domestic dog. B. Felidae within the order Carnivora (e.g., lions, tigers,jaguars, leopards, cougars, lynx, ocelots, bobcats,jungle cats), but excluding Felis domestica, the domestic cat. C. Procyonidae within the order Carnivora (e.g., coatis, pandas, raccoons, procynonids). D. Ursidae of the order Carnivora (e.g., black bears, brown bears, grizzly bears, polar bears). E. Chiroptera (e.g., bats). F. Cetacea (e.g., whales, dolphins, porpoises). G. Pinnipedia (e.g., seals, sea lions, walrus). H. Sirenia (e.g., sea cows, manatees). I. Primates, including all families (e.g., Cebidae, Cercopithecidae, Callithricedae, Lemuridae, Lorisidae, Tarsiidae, Colobinae, Hylobatidae, Pongidae; [e.g., monkeys, baboons, marmosets, tamarins, capuchin, chimpanzees, orangutan, gorillas, apes]). J. Formicidae within the order Hymenoptera (e.g., fire ants). K. Apidae; specifically Africanized strains of the Apis Mellifera honey bee. L. Proboscidea, Hyracoidea, Tubulidentata (e.g., elephants, hyraxes, aardvarks). M. Edentata, Pholidota (e.g., anteaters, sloths, armadillos). N. Marsupialia (e.g., kangaroos, wallabies, koala), except for sugar gliders. O. Crocodylidae of the order Squamata (e.g., crocodiles, alligators, caimans, gavials). 4 P. Helodermatidae of the order Squamata (e.g., gila monsters, beeded lizards). Q. Lizards of the species komodoensis, salvadorii, salvator, niloticus, albigularis, and indicus. R. Crotalidae, Viperidae, Elapidae, Opisthoglyphous Colubridae, and all other orders which include poisonous or venomous reptiles (e.g., rattlesnakes, vipers, corals, copperheads, cottonmouths, moccasins, sea snakes, puff adders, malagasy hognoses). S. Eunectes of the order Squamata (e.g., green anaconda). T. Python sebae, Python reticulatus, Python molorus, Morelia amethystina of the order Squamata. U. Venomous spiders of the families Teridiiae and Loxoscelidae respectively, and scorpions of the order Scorpiones, excluding Pandinus imperator(emperor scorpion). V. Sugar gliders. W. Camelus dromedaries (camels). X. Ratite (e.g., ostrich, moa, kiwi). Y. Emus. Z. All wild animals indigenous to the state of Iowa, as defined in chapter 481A, code of Iowa, as amended. Public Property: Buildings, right of way or other public property owned or dedicated to the use of the city and other governmental entities. Rescue: The action as that term is used in Chapter 717B of the Iowa Code, as amended, that allows a local authority to take temporary possession of a threatened animal. Restricted Animals: The following genus/species of animals are hereby declared to be restricted: A. Iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus, but excluding the species komodoensis, salvadorii, salvator, niloticus, albigularis, and indicus. B. Rheas and peafowls (also subject to zoning requirements). C. Other small livestock type animals (also subject to zoning requirements). Rodeo: A contest, exhibition or competition which charges members of the public an admission fee to watch the skill of contestants or entrants in horseridership where lassoing is performed involving cattle, horses, bulls, goats, pigs, and wild bovine and/or where contestants ride wild bulls or wild horses for public entertainment. Permit is required. 5 Veterinarian: A person duly licensed by the state of Iowa to practice veterinary medicine. Veterinary Hospital: An establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals and which may board animals. 8-4-2: Responsibility Of Owners The owner of an animal shall be responsible for obtaining licenses, permits, and vaccinations, and for the care and control of any such animal as defined in this chapter. The owner shall be prima facie responsible for any violation of this chapter by any animal owned by said owner. 8-4-3: Licensing And Vaccination Requirements A. Every owner of a dog, cat, or ferret over the age of four(4) months shall have the animal vaccinated against rabies virus. B. Every owner of a dog, cat, or ferret over the age of four(4) months shall apply for a license. C. 1. At the time of making application for a license, the owner shall furnish to the city a veterinarian's certificate showing that the dog, cat, or ferret for which the license is sought has been vaccinated against rabies virus. 2. Upon payment of the license fee, the city shall issue to the owner a license. D. The owner of a dog, cat, or ferret under the age of four (4) months may apply for a juvenile tag that shall automatically expire at four(4) months from the date of birth of the animal. E. Every animal shall wear the license tag provided whenever such animal is off the property of its owner or not within a motor vehicle. F.When the ownership of an animal is transferred, the new owner shall, within thirty (30) calendar days from the date of change of ownership, make application for a new license as provided in this section regardless of whether or not the animal was previously licensed. G. The licensing provisions of this chapter do not apply if the owner brings the animal into the City for less than thirty (30) continuous days. 8-4-4: Rabies And Disease Control A. Isolation And Quarantine Of Suspect Animals: 1. It shall be the duty of the city animal services personnel authorized to impound animals in the city to cause to be placed in isolation and under quarantine for observation for a minimum period of ten (10) calendar days any animal that animal services personnel suspect of being infected with rabies or other diseases communicable to humans and also any animal that is known to have bitten or caused a skin abrasion upon any human in the city. 2. Such isolation and quarantine shall be either at the animal shelter or in a veterinary hospital, except if such animal is properly licensed and is currently vaccinated against rabies, 6 the animal may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period if the owner resides in the city. When isolation and quarantine is authorized on the owner's premises, it will be at the discretion of and under the direct supervision of the city. 3. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in an animal shelter authorized by the city, a fee shall be charged to the owner. Every owner or person having possession, custody or control of an animal known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the city and shall have such animal placed in isolation and quarantine as directed by the city for such period as may be designated and at the expense of the owner. B. Reports Required: 1. Physicians: It shall be the duty of every physician or other medical practitioner in the city to make written report to the city of the names and addresses of persons treated for bites inflicted by animals, together with such other information as will assist in the prevention of rabies. 2. Veterinarians: It shall be the duty of every veterinarian in the city to report to the city any diagnosis of animal rabies. 3. Owners: An owner of any animal or any person having knowledge of such animal biting or causing a skin abrasion upon any human in the city shall promptly report such fact to the city. C. Whenever it becomes necessary to safeguard the public from the dangers of rabies, the city council may issue a proclamation ordering every owner of an animal to confine the same securely on the owner's premises at all times for such period of time as is deemed necessary. D. Any person having knowledge of the presence of any disease among animals capable of being communicated to humans shall immediately report such knowledge to the county health officer. 8-4-5: Nuisances The following acts and circumstances are hereby declared to be public nuisances: A. Accumulation Of Wastes: The keeping of an animal on private property in such number or in such manner that allows for the accumulation of animal waste so as to become detrimental to the public health and/or the animal's health. B. Noisy Animals: No person shall cause or allow any animal under their care, charge, custody, or control to emit any noise which annoys, disturbs, offends, or unreasonably interferes with the comfortable enjoyment of life or property of the neighborhood or general public. The provisions of this subsection shall not apply to a commercial establishment which is permitted pursuant to the zoning code. C. Animals Damaging Property: Allowing an animal to cause any damage or defilement to public or private property. D. Harassment By Animals: Allowing an animal to molest any human or animal on public or private property when the human or animal is lawfully on the property. 7 E. Animals Injuring Or Killing Other Animals: Allowing an animal to molest or kill wildlife, birds, animals or domestic animals on public or private property. 8-4-6: Prohibitions And Requirements A. Prohibited Animals: No person shall keep or maintain an animal declared to be prohibited under this chapter. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required Iowa state department of national resources, or its successor, permits may maintain prohibited wildlife for rehabilitation purposes. 2. A prohibited animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment. B. Restricted Animals: No person shall keep or maintain an animal declared to be a restricted animal under this chapter without a valid permit issued by the division of animal control of the city or its successor. Notwithstanding this provision: 1. Indigenous wildlife rehabilitators who possess required Iowa state department of national resources, or its successor, permits may maintain prohibited wildlife for rehabilitation purposes. 2. A restricted animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment. C. Pigeon And Dove Lofts: Pigeon lofts and dove lofts are prohibited within the city. Notwithstanding this provision, any person who owns or operates a pigeon and/or dove loft within the city prior to July 1, 1997, may continue to operate such pigeon and/or dove loft subject to the following restrictions: 1. As of July 1, 1997, pigeon and dove lofts shall not house more than forty (40) pigeons and/or doves at any one time. 2. As of July 1, 2000, pigeon and dove lofts shall not house more than thirty (30) pigeons and/or doves at any one time. 3. The exemption for persons who own or operate pigeon and dove lofts within the city as of July 1, 1997, shall not be transferable to another person or another property. D. Animals At Large Prohibited: 1. No animal shall be found at large within the city at any time. An animal shall not be deemed at large if: a. It is tethered or on the enclosed fenced premises owned, leased, occupied, or controlled by the owner; or 8 b. It is tethered or on the enclosed fenced premises owned, leased, occupied, or controlled by another person with the knowledge and consent of that person; or c. It is a dog in a city dog park and has been issued a use permit; or d. It is under the control of a person competent to restrain the animal and: (1) is on a leash; or (2) enclosed within a building or structure; or (3) properly restrained within a motor vehicle as provided herein. 2. Notwithstanding the provisions of this subsection, any animal shall be deemed at large at any time when the animal is attacking humans, other animals, or destroying property or is on any public property, except when under restraint as set forth above. In addition, any female animal in estrus shall be deemed at large at any time, except: a. When housed in a building or structure completely enclosed; or b.When housed in a veterinary hospital or boarding kennel licensed or registered with the state; or c. When on the premises owned, leased, occupied or controlled by the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty inches (601; or d. When under the control of a person competent to restrain the animal by leash. E. No animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in possession or control thereof. F. No animal shall be allowed, taken or permitted on or in any building, store, restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared or dispensed to humans other than the owners thereof, except for service animals as defined under the Americans with Disabilities Act. G. No owner shall fail to provide an outdoor confinement area of less than the following: 1. For one dog under 50 pounds: 60 square feet 2. For one dog over 50 pounds or two dogs under 50 pounds: 80 square feet 3. For two dogs over 50 pounds each or three dogs under 50 pounds: 96 square feet 4. For three dogs over 50 pounds each or four dogs under 50 pounds: 140 square feet 5. Four dogs over 50 pounds each: 192 square feet Outdoor confinement area means an outdoor space securely enclosed, such as by chain link fencing material, that is the primary space the dog lives, eats, and sleeps every day including overnight. H. Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the 9 waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity. I. Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of salmonella. J. Tethering means fastening an animal to a fixed object so as to limit its range of movement using a rope, chain, or similar device. 1. a) No person shall allow an animal to be tethered and unattended with a rope, chain, or similar device that is less than ten feet (10') feet in length. An animal is unattended if the animal is more than 50 feet from the person and the animal is not in the person's line of sight. b) No person shall allow an animal to be tethered and unattended for more than 30 minutes continuously in any given 3-hour period. An animal is unattended if the animal is more than 50 feet from the person and the animal is not in the person's line of sight. 2. Notwithstanding any provision herein to the contrary, a) no person shall allow any of the following animals to be tethered: dangerous animal or animal in estrus. b) no person shall allow an animal to be tethered using a collar made of metal or chain, excluding the buckle or using a collar, even if made of cloth, designed to continue to tighten, such as a slip lead or noose, when pulled tightly. c). No person shall allow an animal to have access to a public sidewalk or street while tethered. d) No person shall allow an animal to be tethered to a utility pole, parking meter, building, structure, fence, sign, tree, bush, bench, newspaper or advertising rack or other object on public property. e) No person shall allow an animal to be tethered in an unsafe location. An unsafe location includes, but is not limited to, near a fence whereby the animal could asphyxiate itself if it jumped over the fence or on a deck whereby the animal could asphyxiate itself if it jumped off of the deck. f) No person shall allow an animal to be tethered in a manner that allows it to become entangled with another tethered animal. L. Animal acts or exhibitions, and animal performances in which prohibited animals are used are prohibited. Additionally, any public showing, carnival, fair, parade, petting zoo, ride, race, film shoot or other undertaking in which prohibited animals are required to perform tricks, fight or participate as accompaniments for the entertainment or amusement of an audience in exchange for a fee or consideration is prohibited. 8-4-7: Dangerous Animals A. Definitions: Dangerous animal means: 10 1. An animal that has killed a human being; 2. An animal that has taken aggressive action that caused a serious injury (as defined in Iowa Code Section 702.18) to a human; 3. An animal that has killed another domestic animal; 4. An animal that has engaged in exhibitions of fighting; 5. An animal that has a propensity to attack or bite humans or animals that has been shown to exist through one or more attacks or attempted attacks and where such propensity is known to the owner or ought to reasonably be known to the owner thereof; or 6. An animal judicially or administratively determined to be a dangerous animal, or similar designation, by another jurisdiction with a substantially similar definition. An animal shall not be deemed dangerous if the Chief of Police or designee determine that the animal acted under the following circumstances: 1. A dog engaged in law enforcement work that is engaged in official law enforcement activities at the time of the attack, or bite; 2. An animal that attacks or bites a person who at the time of the attack or bite, is engaged in a criminal act against the person or property of another; 3. An animal that attacks or bites another animal in order to protect a human being, domestic animal or livestock; or 4. An animal that was unreasonably or deliberately provoked by the person or animal that was harmed. B. Prohibitions: 1. No person shall own, keep, harbor, foster, or maintain any dangerous animal except as specifically provided for herein. 2. No person shall allow a dangerous animal to be in or upon any premises or vehicle owned, leased, occupied, or controlled by the person, except as provided herein. 3. No person shall bring any dangerous animal into the City of Iowa City without approval of the Chief of Police, or designee. 4. No person shall tether a dangerous animal. 5. No person shall allow a dangerous animal in a City dog park. C. Impounding and Costs: 11 1. If animals services personnel have probable cause that an animal is a dangerous animal, the animal may be immediately impounded if found in violation of this chapter. 2. If an animal has been determined to be a dangerous animal, the animal may be immediately impounded if found in violation of this chapter. An animal is determined to be a dangerous animal if: a) the City Manager, or designee, determines the animal to be dangerous following a hearing as provided herein; b) the district court finds the animal to be a dangerous animal; or c) the animal has been judicially or administratively determined to be a dangerous animal, or similar designation, by another jurisdiction with a substantially similar definition of dangerous animal. 3. Any person who owns, keeps, harbors, fosters, maintains or controls an animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary care, boarding and all other expenses necessitated by the impoundment and containment of the animal, during its impoundment. D. Spay/Neuter and Microchip/Tag: 1. The owner of a dangerous animal shall have the animal surgically sterilized at the owner's expense by a licensed veterinarian within 30 days after being determined to be a dangerous animal as provided herein. The owner shall provide written verification of the surgical procedure to the animal shelter within 24 hours of the procedure being completed. 2. The owner of a dangerous animal shall have the animal implanted with a microchip identification at the owner's expense by a trained microchip technician within 5 days after being determined to be a dangerous animal as provided herein. The owner shall provide written verification of the implanting and provide the microchip number to the animal shelter within 24 hours after the procedure is completed. 3. The owner of a dangerous animal shall place on the animal's collar a City-issued tag that identifies the animal as such within 5 days after being determined to be a dangerous animal as provided herein and shall maintain the tag on the collar at all times. E. Administrative Hearing/Terms & Conditions/Grounds for Destruction: 1. If an animal is alleged to be a dangerous animal by the Chief of Police or designee, an administrative hearing on the disposition of such animal may be held. Pending such hearing, the animal shall be impounded in the city shelter, or in lieu of impound, the Chief of Police or designee may permit the animal to be confined, at the owner's expense, in a City approved dog kennel or veterinary facility within the City or at the owner's residence, provided the owner: a. Shall not remove the animal from the kennel, veterinary facility or residence without the prior written approval of the Chief of Police or designee; and b. Shall make the animal available for observation and inspection by Chief of Police, or designee, and authorized representatives. 12 2. The hearing shall be before the City Manager, or designee, shall be public, and shall be scheduled after at least ten (10) calendar days'written notice to the owner of said hearing. The owner may waive the notice and agree to an earlier scheduled hearing. The hearing will be informal, and the owner will have the opportunity to offer any written or oral information relevant to the hearing, including witnesses. The standard of proof is preponderance of evidence. 3 If, following the hearing, the City Manager or designee determines that the animal is a dangerous animal, the City Manager or designee may require reasonable terms and conditions for the training, handling or maintenance of the animal to abate the condition which gave rise to the hearing. In lieu of a hearing, the Chief of Police or designee may agree on reasonable terms and conditions. Terms and conditions may include, but are not limited to: a. Selection of locations within the owner's property where the animal shall be maintained. b. Requirements as to size, construction or design of an enclosure where the animal may be kept. c. Completion of obedience training from a trainer or training program approved by the City. d. Types and method of restraint, or muzzling, or both. e. Requirements for the owner to carry liability insurance. 4. If the Chief of Police, or designee, determines that the owner has violated the terms and conditions required by the City Manager or agreed to by the Chief of Police or designee, the Chief of Police, or designee, may schedule an administrative hearing on the consequences of said violation with notice to the owner and opportunity to be heard as provided herein. The only issues at the hearing will be whether the terms and conditions have been violated, and if so, the consequences of the violation. The question of whether the animal is a dangerous animal will not be at issue as the City Manager, or designee, has previously made that determination. 5. If the City Manager or designee determines: 1) that the animal is a dangerous animal; 2) that the owner has failed to restrain such animal reasonably; and 3) that it is in the public interest to destroy such animal, the animal shall be destroyed in a manner deemed appropriate to the city after five (5) calendar days unless the determination is appealed to a court of competent jurisdiction. 8-4-8: Impoundment And Redemption Of Animals A. Any animal found in violation of the provisions of this chapter may be impounded by the city. B. Not later than two (2) calendar days after the impoundment of any animal, the owner, if known, shall be notified, of such impoundment. C. Redemption Of Impounded Animals: 13 1. The owner of any animal impounded pursuant to this chapter may reclaim such animal upon proof of current license and rabies inoculation, payment of the redemption fee and payment of all costs and charges incurred by the city or the agency authorized by the city to impound such animal, including costs of maintenance of said animal. 2. If an animal four (4) months of age or older and unlicensed is impounded, the person to whom the animal is released shall apply for a license for such animal and shall be required to first show proof of current rabies vaccination or obtain a rabies vaccination receipt in order to obtain the release of the animal. 3. All dogs, cats, rabbits, and ferrets impounded by the animal shelter which do not have traceable identification shall have a microchip identification implanted permanently into the animal prior to redemption at the owner's cost. D. The City shall keep all animals impounded pursuant to this chapter for a period of seven (7) calendar days after the owner has been notified, in writing, of possible disposition, which notice shall be given to the animal owner by personal delivery, electronic mail, or by U.S. mail. U.S. mail is deemed completed four(4) days after the notice is deposited in the mail and postmarked for delivery. Electronic mail is deemed completed twenty-four(24) hours after it is sent. After such time period has expired and the owner has failed to claim and redeem any such impounded animal, such animal shall become the property of the City. This provision does not apply to stray animals for which the owner is unknown. E. The City personnel or veterinarian authorized to impound animals, upon receiving any animal pursuant to this chapter, shall make a written record of receiving such animal. 8-4-9: Animal Neglect and Cruelty A. 1. Prohibition against Animal Cruelty. No person shall abandon, abuse, torture, torment, mutilate, overwork, overload, beat, starve, dehydrate, suffocate, kill or cause the death of any animal, or take any other action which causes unjustified pain, distress, or suffering. 2. Prohibition against Animal Neglect. (a) No person shall fail to provide any animal with adequate care, food, water, exercise, sanitation, space,outdoor confinement area, indoor shelter, outdoor shelter, or veterinary care (b) No person shall leave an animal in an unattended motor vehicle or trailer as provided herein. It shall be unlawful for any person to place or confine an animal or allow such animal to be confined in a vehicle or trailer under such conditions or for such periods of time as may endanger the health or well-being of the animal or as may cause unjustified pain, distress, or suffering due to extreme temperature. 3. Threatened animal means an animal that has been subjected to animal cruelty or animal neglect as provided herein. B. 1. A law enforcement or animal services officer, after consulting with a veterinarian licensed by the State may rescue a threatened animal as provided in this section. The officer may enter onto private property to rescue threatened animal if the officer obtains a search warrant issued by a court or enters onto the premises in a manner consistent with the laws of the state of Iowa and the United States, including article I, section 8, of the constitution of the state of Iowa, and the fourth amendment to the constitution of the United States. 14 2. If an animal is rescued pursuant to this section, the city shall provide for the maintenance of the threatened animal at the city shelter. The city may also contract with an animal care provider for the maintenance of the threatened animal. The city shall post a notice in a conspicuous place at the location where the animal was rescued. The notice shall state that the animal has been rescued by the city pursuant to this section and section 717B.5, code of Iowa, as amended. The city shall pay the animal care provider for the animal's maintenance regardless of proceeds received from the sale of the animal or any reimbursement ordered by a court pursuant to section 717B.4, code of Iowa, as amended. 3. The animal shall be subject to disposition as required by a court pursuant to section 717B.4, code of Iowa, as amended. C. The disposition of a threatened animal rescued by the city shall occur as provided in section 7176.4, code of Iowa, as amended. 8-4-10: Prohibited Acts And Conditions No person shall: A. Expose or permit to be exposed any poisoned meat or other poisoned substances on public or private property where the same may be removed, handled or consumed by an animal. B. Trap or attempt to trap any animal with other than a nonkill live trap deemed acceptable to the city. Excepted from this prohibition are instant kill traps for the purpose of small rodent pest control. C. Offer to give any live animal as a gift or prize for any contest or other competition, or as a business inducement or promotion. This provision does not apply to animal shelter staff. D. Leave an animal unattended inside the animal shelter or on the premises of the animal shelter without express permission of animal shelter staff, a community service officer, or a police officer. E. No person shall take any animal from the custody of animal shelter staff, community service officer, or peace officer or resist, oppose, obstruct or impede any said City employee or officer in the discharge of their duties. F. No person, except the owner of an animal or authorized agent, shall willfully open any door or gate on any private or public premises for the purpose of enticing or enabling any such animal to leave such private or public premises, nor shall any person willfully molest, tease, provoke or mistreat an animal. G. No person shall transport any animal or leave any animal unattended in the back of a motor vehicle in a space intended for any load, including, but not limited to, the cargo bed of a truck or the trunk of an automobile, except an animal may be transported or left unattended in the cargo bed of a truck if: 1) the space is fully enclosed (such as a topper); or 2) the animal is secured by an animal crate in a manner which will prevent the animal from either being thrown from the motor vehicle or falling or jumping from the motor vehicle. This shall not apply to the transportation of livestock. 15 8-4-11: Irresponsible Owner A. Irresponsible owner means an owner who has been adjudged by the court to have violated this chapter four (4) or more times within a twelve-month period. B. For a period of twelve months, an irresponsible owner shall not reside with or maintain any animal and shall not allow any animal owned by the irresponsible owner to be maintained within the City. C. An irresponsible owner who maintains any animal at any premises owned, leased, or controlled by the irresponsible owner in violation of this chapter shall immediately surrender the animal to the Chief of Police or designee. If the irresponsible owner does not immediately surrender the animal, a municipal infraction citation may be filed for violation of this provision requesting a court order that the animal become the property of the City. 84-12: Permit Required A. No person shall keep, maintain, conduct or operate any activity that requires a permit issued by the Police Chief or designee as set forth herein without a permit. B. 1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the City. 2. All permits issued shall automatically expire one year from the date of issue, unless revoked or suspended. 3. A permittee wishing to renew a permit shall apply for and secure a renewal of the permit in the manner provided for in this chapter no later than thirty (30) days after the expiration of any permit. 4. All permits issued to commercial establishments, animal acts or exhibitions, and rodeos shall be kept posted in a conspicuous place. 5. All applicants shall be furnished with permit rules at the time the application is made. C. Upon the filing of an application for a permit or renewal thereof, the Police Chief, or designee, may make such investigation and inspection of the animal, and the premises where the animal will be kept, as it deems proper within the law. The City shall then issue a permit to an applicant unless the Police Chief or designee finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business, activity, or event for which the permit is requested will violate any law or ordinance of this city, or any law of the state; or 2. The keeping of the animal at the place set forth in the application and the conduct or operation of the business, activity, or event for which the permit is requested will constitute a danger to the health, peace or safety of the community; or 3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or 16 4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or 5. The applicant has failed to protect any animal in his or her possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The applicant has had a permit revoked within one year prior to the date of the application; or 7. The applicant has been convicted of or has had judgment entered for the violation of chapter 717A or 7176, code of Iowa, as amended, or any provision of this chapter. 8. The applicant has previously violated terms and conditions of a permit. 9. Doing so would be detrimental to the safety, health or welfare of the residents of the city or an animal. D. Any permit issued under this chapter may be revoked or suspended if, after due investigation and after the permittee has been given the opportunity to give a written and oral statement and present evidence, the Police Chief or designee successors finds: 1. The keeping of the animal at the place set forth in the application and the conduct or operation of the commercial establishment for which the permit was issued violates any law or ordinance of the city, or any law of the state; or 2. The keeping of the animal at the place set forth in the application and the conduct or operation of the commercial establishment for which the permit is requested will constitute a danger to the health, peace or safety of the community; or 3. The permittee, agent, or employee has failed to provide any animal in their possession, care, or control with proper and sufficient food, drink, shelter, or protection; or 4. The permittee, agent, or employee has failed to maintain the premises or caging areas in a clean and sanitary condition; or 5. The permittee, agent, or employee has failed to protect any animal in their possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or 6. The permittee has had a permit revoked within one year prior to the date of application; or 7. The permittee has been convicted of or has had judgment entered for any offense involving the violation of chapter 717A or 7176, code of Iowa, as amended, or any provision of this chapter. 8. The applicant has previously violated terms and conditions of a permit. 9. Doing so would be detrimental to the safety, health or welfare of the residents of the city or an animal. E. Reserved. F. Urban Chicken Permits: 1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the city. 17 2. "Chicken" means a member of the subspecies of Gallus gallus domesticus, a domesticated chicken. 3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the city accompanied by the permit fee. 4. Within thirty (30) days of submission of the application, the police chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted by city council resolution or deny the application. If the application is denied, the police chief, or designee, shall state the reasons in writing. 5. The urban chicken permit shall be valid for three (3) years and may not be sold, transferred or assigned. 6. The police chief, or designee, may revoke an urban chicken permit as provided in the policy adopted by council resolution. 7. Appeals of the decision to deny or revoke an urban chicken permit are to the city manager, or designee, and must be filed within ten (10) days of the decision. 8. Subsections A through E of this section and section 8-4-13 of this chapter do not apply to this subsection. 9. Additional requirements, including permit fees, shall be adopted by resolution of the City Council. 10. Violation of this subsection or the terms of the urban chicken permit are punishable by a municipal infraction with a civil penalty of one hundred dollars ($100.00) for first violation, two hundred fifty dollars ($250.00) for second violation, and five hundred dollars ($500.00) for third and subsequent violations. 8-4-13: Fees Animal fees shall be set by resolution of the city council. 8-4-14: Administrative Rules The Chief of Police or designee is authorized to establish administrative rules not inconsistent with any ordinance to carry out the provisions of this chapter. A copy of said rules shall be on file with the city clerk, available at the animal shelter, and posted on the City website. 8-4-15: Penalties Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction as provided for 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 unconstitutional. 18 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 , 2018. Mayor Attest: City Clerk Approved b FS —d �r g City Attorney's Office 19 Ordinance No. Page It was moved by _ and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Vacant—Botchway seat Cole Mims Salih Taylor Thomas Throgmorton First Consideration 08/07/2018 Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Vacant — Botchway seat. Second Consideration Vote for passage: Date published r ' CITY OF IOWA CI v =PC..®ealfr o8-07-18 _•lilt__ COUNCIL ACTION REPO 8 August 7, 2018 Ordinance amending Title 8, entitled "Police Regulations," Chapter 3, entitled "General Animal Regulations," and Chapter 4, entitled "Animal Control"to provide for animal services. Prepared By: Liz Ford, Animal Services Supervisor Reviewed By: Simon Andrew, Ass't. to City Manager Bill Campbell, Commander of Support Services Jody Matherly, Police Chief Sue Dulek, Ass't. City Attorney Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The objective of this revision of the City Code is to bring the City of Iowa City's animal services ordinance up to date including combining two chapters, eliminating duplicative provisions, clarifying certain provisions, and adding new provisions on tethering and irresponsible owners. It also aligns the civil penalties with other City Code violations. Background/Analysis: Following is a review of the proposed changes to the City's animal ordinances: Overall updates: 1. Combining chapter 3 "General Animal Regulations" and Chapter 4 "Animal Control" that all animal ordinances are under Title 8, Chapter 4, "Animal Services° 2. Increasing civil penalties for municipal infractions. Items of note: 8-4-6 Prohibitions and Requirements: G. Adding measurable parameters for outdoor confinement to ensure adequate space provided for 1 or more dogs. J. Additional language on tethering including limiting unattended tethering to 30 minute within a three-hour period. This allows time for appropriate house training opportunitie and fresh air but does not allow owners to tie a dog outside unattended for extende periods of time. Much research in the animal welfare field over the last several years has shown that statistically dogs are more likely to become defensive, aggressive, and bite when tethered. ' r 1 CITY OF IOWA CITY A:isnot AtCOUNCIL ACTION REPORT Other points added under tethering include: o Animals must not be tethered using a choke chain or slip type leash (to prevent strangling) o Tether must be at least 10' long (long enough to allow for freedom of movement) o Tether cannot be made of chain o No access to public sidewalk/street o No tethering in an unsafe place (where dog may hang itself) o No tethering that would allow animal to become tangled with another tethered animal L. Circuses, animal acts, exhibitions, and animal performances in which wild, non-domestic or exotic animals are used for entertainment are prohibited. These animals have alread! been and continue to be prohibited in the City. Given the amount of space and zoninc requirements for a circus to come into the City of Iowa City, it is unlikely the City would ever be asked to permit a circus. Additionally, there is rising public opposition for keeping wilc animals in captivity for the purposes of using them for entertainment. This does not include performances in which domestic animals are used (examples include a dog obedience show or dock diving dog show). 8-4-9 Animal Neglect and Cruelty A. 1. (b) Adding a provision under neglect that no animal be left in an unattended in a motor vehicle, trailer, or other conditions for a period as may endanger the health or well-being of the animals due to extreme temperature, lack of food/water, or any circumstances which cause suffering, disability, or death. This specifically addresses the animals left in cars problem. This year to date Animal Services and the Police responded to 47 calls for animals left in vehicles on days where the temperatures inside the vehicle (which can be up to 40 degrees hotter than outside) could result in serious illness or death after only a few minutes. Also note that "windows cracked" makes no difference in the interior temperature of a vehicle. 8-4-10 Prohibited Acts and Conditions G. Adding a provision that no animal may be left in or transported in the open back of a pickup truck bed without a topper or other enclosure that would prevent the animal from being thrown from the vehicle or falling or jumping from the vehicle. 8-4-11 Irresponsible Owner A—C. This is defined as an owner who has been found by the court to have violated this chapter 4 or more times in a 12-month time period. This will allow the City to remove animals (if needed)from people who consistently violate the animal ordinances thereby putting both the animals and the public at risk. To give some perspective to this, in 2017 Animal Services addressed 1387 calls for service and issued 15 citations. Education, prevention, and assistance remain staffs primary approaches and frequently this solves the issues. When people fail repeatedly, staff needs additional tools. r 1 CITY OF IOWA CITY �r � COUNCIL ACTION REPORT 8-4-12 Permits Clarifying definitions of permits by designating residential animal owners who require a permit for owning 4 or more dogs or 6 or more cats as a "Dog Group" or"Cat Group" rather than a kennel. This multi-animal household situation is very different than a privately owned commercial business kennel business. The permit definitions needed to be updated to fit each situation and distinguish pet owning residents from those that are a commercial (in exchange for fee) kennel boarding animals. Pet Shops were further defined into Minor Pet Shop-those that sell animals but not dogs and cats (the small-time fish stores and seasonal small mammal stores) and Major Pet Shop-those that sell multiple species including dogs and cats and require more staff time and resources for the permit process. 8-4-15 Penalties Because the civil penalty in a municipal infraction for violating an animal code provision currently is $10 for first offense (with the exception of the provision on urban chickens) and is a minimum of $100 for all other City Code violations, the civil penalty for violating an animal code provision is increased to $100 for first offense. 9 Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, A 52240;319-356-5030 ORDINANCE NO. Ordinance amending Title 5, entitled "Business and License Regulations," to add a new Chapter 3, entitled "Massage Business Information Requirement." Whereas, the State of Iowa licenses individual massage therapists; Whereas, in order to become a Licensed Massage Therapist (LMT) in Iowa, practitioners must complete a state required curriculum and pass a state approved examination; Whereas, LMTs perform important services in addressing the health and well-being of the City's residents; Whereas, the State of Iowa does not regulate massage therapy businesses; Whereas, unfortunately there are businesses that advertise and hold themselves out to the public that they provide massage therapy but actually engage in illegal activities including human trafficking and prostitution; Whereas, City staff believe that these illicit businesses are currently operating in the City; Whereas, Polaris, a national advocacy organization dedicated to preventing and disrupting human trafficking, recently published a report entitled "Human Trafficking in Illicit Massage Businesses" that includes both a description of the business model and strategies to confront these illicit businesses (see https://polarisproject.org/sites/default/files/Full_Report_Human_Trafficki ng_in_I Ilicit_Massage_B usinesses.pdf); Whereas, Polaris recommends that local governments approach the problem from both a civil code enforcement angle as well as law enforcement; Whereas, the Iowa legislature in 2017 repealed the state law preventing local regulation of massage businesses; Whereas, the City should adopt civil code regulations that will allow City staff to disrupt and shutter illicit massage businesses; Whereas, after meeting with LMTs, City staff believe that requiring massage therapy businesses to provide basic information to City staff upon request will be an effective tool to disrupt and shutter these illicit businesses; Whereas, in adopting this ordinance, City Council is not intending to discourage legitimate massage businesses and LMTs from providing their health and well-being services to the community; and Whereas, it is in the best interest of the City to adopt massage business regulations. Now, therefore, be it ordained by the City Council of the City of City, Iowa: Section I. Amendments. Title 5, entitled "Business and License Regulations," is amended by adding the following new Chapter 3, entitled "Massage Business Information Requirement": 1. Definitions. "Licensed Massage Therapist' (or"LMT") means an individual who has a license issued by the State of Iowa to perform massage therapy. "Massage therapy' means the same as it does in the massage therapy licensing provision in the state code found at Section 152C.1 of the Code of Iowa: performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications, or other therapy which involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus system for the purpose of enhancing health, muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation. "Reflexology," as defined in Section 152C.1 of the Code of Iowa, is not massage therapy. "Massage therapy business" means a place of business where "massage therapy" is practiced or administered. 2. State License Required. No massage business shall employ or contract with a person to perform massage therapy unless the person is a LMT. No person shall perform massage therapy unless the person is a LMT, unless exempted from Chapter 152C of the Code of Iowa. No business shall engage in or offer to engage in the practice of massage therapy, or use the initials "L. M. T." or the words "licensed massage therapist", "massage therapist", "masseur", "masseuse", or any other word or title that implies or represents that a person practices massage therapy at the business, unless the person is a LMT. 3. Information Required. a) A massage business shall immediately produce upon request by City staff certain information on a form provided by the City entitled "Business Information Form." The "Business Information Form" form shall be available from the City Clerk and on the City's web site. b) The"Business Information Form" form shall include the following information: 1) Name of the business; 2) Names of all LMTs employed or contracted by the business and their state license numbers; 3) Names and addresses of all other persons who work on the business premises whether employees or independent contractors of the business along with a description of the work performed; 4) Name(s) of the business owner; 5) Name(s) and mailing address(es) of all individuals who have an ownership interest in the business; 6) Name, email address, telephone number, and residential address of the manager of the business who must be an Iowa resident; and 7) Name of the commercial tenant leasing the business premises. c) To confirm the identity of the LMT on the Business Information Form, a government issued photo identification card of the LMT shall be provided upon request of City staff. 4. Placarding. a) If the "Business Information Form" form containing all the required information is not immediately produced to City staff upon request, the business premises may be placarded. If the "Business Information Form" that is produced is either inaccurate or incomplete, the business may be placarded. b) If a business premises is placarded, no person shall enter the business premises. c) No person shall remove the placard. d) The business premises shall remain placarded until the "Business Information Form" containing the information is provided to City staff and is complete and accurate. 5. Exceptions. This chapter shall not apply to: a) A massage therapy business that has a permit for a home occupation. b) A business that employs or contracts with a person who is exempt from Chapter 152C of the Code of Iowa. 6. Violation. Any violation of this chapter shall be considered a municipal infraction as provided for in Title 1, Chapter 4 of this Code or a simple misdemeanor. 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 , 2018. Mayor Attest: City Clerk Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Vacant—Botchway seat Cole Mims Salih Taylor Thomas Throgmorton First Consideration 08/07/2108 Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: Vacant - Botchway seat. Second Consideration Vote for passage: Date published r 1 CITY OF IOWA CIT o8-07-18 "a" egmai COUNCIL ACTION REPO 9 August 7, 2018 Ordinance amending Title 5, entitled "Business and License Regulations," to add a new Chapter 3, entitled "Massage Business Information Requirement." Prepared By: Sue Dulek, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Jann Ream, Code Enforcement Specialist Jody Matherly, Police Chief Jorey Bailey, Sgt. Police Dept. Eleanor Dilkes, City Attorney Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: Until last year state law prohibited local governments from regulating massage therapy businesses. Unfortunately there are businesses that advertise and hold themselves out to the public that they provide massage therapy but actually engage in illegal activities including human trafficking and prostitution. The ordinance does not require massage businesses to be licensed but rather the business must provide certain information to staff upon request, such as, the name of the local manager. In recommending this ordinance, staff is not intending to discourage legitimate massage businesses from providing their health and well-being services to the community. Background /Analysis: The State of Iowa licenses individual massage therapists, and in order to become a Licensed Massage Therapist (LMT) in Iowa, practitioners must complete a state required curriculum and pass a state approved examination. LMTs perform important services in addressing the health and well-being of the City's residents. The State of Iowa does not regulate massage therapy businesses. Staff believe there are businesses in Iowa City that advertise and hold themselves out to the public that they provide massage therapy but actually engage in illegal activities. Polaris, a national advocacy organization dedicated to preventing and disrupting human trafficking, recently published a report entitled "Human Trafficking in Illicit Massage Businesses) that includes both a description of the business model and strategies to confront these illicit businesses (see https://polarisproiect.orq/sites/default/files/Full Report Human Trafficking in Illicit Massage B usinesses.pdf). Polaris recommends that local governments approach the problem from both a civil code enforcement angle as well as law enforcement. The Iowa legislature in 2017 repealed the state law preventing local regulation of massage businesses. 1 CITY OF IOWA CITY hit COUNCIL ACTION REPORT Other cities in Iowa have adopted ordinances and others are considering adopting ordinances regulating massage therapy businesses. These ordinances can be divided into two models. One model (e.g., Johnston and Newton) is to require massage businesses to obtain a license to operate, and the second model (e.g., Urbandale) does not establish a licensing system but establishes requirements to operate and allows the City to placard the business. City staff found the second model preferable because it is less onerous both LMTs and their businesses as well as to staff. Staff contacted LMTs and massage business in Iowa City and invited them to an "open house" to talk about this issue and these two models. After these two open houses, staff sent out a draft ordinance based on the second model to the attendees and urged them to forward the draft ordinance to their colleagues and welcomed comments and suggestions. After receiving comments and suggestions, staff revised the ordinance. The final version of the ordinance is also being emailed to the attendees. The ordinance requires massage therapy businesses to provide basic information to City staff upon request. Staff believes this requirement will be an effective tool to disrupt and shutter these illicit businesses. The information must be on a form provided by the City and includes • the names of all LMTs, the name(s)of the business owners, the name of the commercial tenant, and the name and telephone number of the manager who must be a resident of Iowa. If the form is not accurate and complete, City staff may placard the business. The ordinance further provides that it is illegal for anyone to remove the placard or to enter a business premises that is placarded. The business premises is to remain placarded until correct and accurate information is provided to City staff. Kellie Fruehling From: Jorey Bailey Late Handouts Distributed Sent: Tuesday, August 07, 2018 10:36 AM To: 'Bruce Morgan'; Sue Dulek; Council Cc: Jody Matherly;Jann Ream s —7 / Subject: RE: LMT ordinance (Date) Bruce, Thank you for your feedback and support! We want to make sure that we support you and your business, and recognize the schooling and years of training you went through to become a Licensed Massage Therapist. Thank you for serving our community, Jorey Bailey I') Sergeant of Investigations Iowa City Police Department jorey-baileylaiowa-citv.org ror.:CF' Office: 319-356-5294 rasa RozporuiM Prof afaloMi From: Bruce Morgan [mailto:bodyworksbybruce@gmail.com] Sent:Tuesday, August 07, 2018 10:28 AM To:Sue Dulek<Sue-Dulek@iowa-city.org>;Jorey Bailey<Jorey-Bailey@iowa-city.org>; Council<Council@iowa-city.org> Subject: LMT ordinance Hello! I have been a LMT here in Iowa City for the past 14 years(and hopefully many more). I am unable to make the council meeting today. Consider this my show of support for this ordinance. Sincerely, Bruce Morgan Bruce Morgan, LMT 319-430-7754 bodyworksbybruce.com bodyworksbybruce@gmail.com 1