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HomeMy WebLinkAbout1977-03-01 Bd Comm. Minutes7\1 I 0 0 MINUTES COMPREHENSIVE PLAN COORDINATING COMMITTEE FEBRUARY 10, 1977 -- 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Blum, deProsse, Jakobsen, Ogesen, Perret, Vetter MEMBERS ABSENT: Cain STAFF PRESENT: Bowlin, Geshwiler, Kraft, Milkman, Oszman GUESTS PRESENT: Edgar Folk, Mary Folk Because Chairman Blum had not yet arrived, Committee member Ogesen asked if there were any additions or corrections to the minutes. of the meetings held on November 22, 1976, December 9, 1976, January 5, 1977, January 7, 1977, January 21, 1977, and February 2, 1977. A motion was made by Neu- hauser, seconded by Vetter, to approve all the minutes as written. The motion carried unanimously. The Flood Plain Management Ordinance: Committee member Ogesen questioned whether it was necessary for the Comprehensive Plan Coordinating Committee (CPCC) to .review the Flood Plain Ordinance, since all the members of the Committee would have an opportunity to discuss it at another time, as members of other groups. Rick Geshwiler, Senior Planner, responded that although the Ordinance could not be considered a topical report, neither was it strictly an amendment to the Zoning Ordinance. He said it could pro- perly be considered a part of the overall plan for the City. Committee members Perret and Neuhauser agreed that it would be valuable for the CPCC to consider and comment upon the Ordinance as a body. The Committee then discussed the Flood Plain Management Ord- inance age by page. Below is a summary of the discussion of and%or changes made in the Ordinance: Cover sheet: Marianne Milkman, Assistant Planner, said that page 1 the descriptive sentence under the diagram should read the regulations allow fill or flood -proof structures in this area. In response to a question from Neuhauser, she then explained that the Flood Hazard Area was the same thing as the Flood Plain. Ordinance Description: Committee member Ogesen asked why the page letters OFP and OFW were in a different yyo 0 0 -2- order than the words they stood Por. Mr. Geshwiler explained that the letter "0" stood l'or the Overlay Zone and that all zones under this classification would begin with the letter "011. This would allow for a uniform classification system, he said. Subsection 8.11.02.04: Opesen asked what the letters ".AO" page stood for in the Zone AO mentioned in the definition of Area of Special Flood Hazard. Geshwiler and Milkman explained that this designated a shallow Floodway Fringe area near the airport and that it was part of a Fed- eral definition. (page 6) In the next to the last line of the definition of New Mobile Home Park or Mobile Home Subdivision, the word "completed" was changed to "commenced." Committee member Neuhauser asked if as soon as a public hearing was set on the Ordinance, a moratorium on new con- struction in the Flood Plain would go into effect. The Committee asked Bob Dowlin, Assistant City Attorney, to check this out. Committee member Jakobsen pointed out that the Planning and Zoning Commission would have to set a public hearing date for the Ordinance. Committee members Neuhauser and deProsse pointed out that the City Council would want to discuss it the week after P & Z had acted on it. (page 7) The phrase "Principally Above Ground" and its def- inition were struck because the phrase wasn't used anywhere in the Ordinance. Subsection 8.11.02.05: The words "and the Flood Insurance page Study dated May 2, 1977" were added _ after the words "Floodway Maps" in the second line of the paragraph. Subsection 8.11.02.11: In part G, line 4, 1160% of value page before repair" was changed to "5&A of value before repair." Committee member Ogesen wondered what the term "flood proof- ing" as used in part D meant and asked if anyone could give a concrete example of a structure which had been flood -proofed. Committee member Jakobsen referred to a house that she believed was flood -proofed and added that, as she understood it, this required an extra water -proof seal between the basement foun- dation and the earth. Dennis Kraft, Director of Community Development, said that flood -proof structures must be both water -proof and structurally sound, so that the basement would not cave in during a flood. Jakobsen said that the criteria for flood -proofing were • —3— • listed in the Federal Register. Opesen indicated that he felt it would be interesting to know exactly what these criteria were as they review the Ordinance. He said that if this requirement were prohibi— tive to the point that it was impossible to meet, then he questioned its use in the Ordinance. Neuhauser, deProsse, and Perret said they were opposed to an Ordinance which permits structures to be built in the Floodway. (page 10) Ogesen asked whether part G, which states that all mobile home parks must file an evacuation plan, was a federal requirement. Ms. Milkman said that it was. Several Committee members felt that this requirement was unrealistic, particularly in light of the fact that the City and State required mobile homes to be firmly anchored. Neuhauser pointed out that when Ralston Creek floods, it does so in a matter of minutes. She said she felt mobile homes really should be prohibited in that area. Ogesen said that section G would not mean anything in Iowa City's Ordinance. Mr. Kraft indicated that it might have some applicability along the Iowa River. A new paragraph "a" was added under part K, which reads: a. Require permits for all new development including structures and other activities such as filling, paving, and dredging in the OFP, and will require building permits according to Chapter 3 of the Uniform Building Code. (Part 'a' as printed will become 'b' etc.) Subsection 8.11.01.12: Ogesen mentioned that the CPCC had page decided that measurements used in the Comprehensive Plan (CP) would be stated in the metric system first, with the alternative given in feet, inches, etc., second, in parentheses. Mr. Geshwiler stated that the Engineering Department felt the order should be reversed, as it is in the Ordinance. The numbering was changed in part B, so that B.$. became B.7• and B.7• became B.$. Subsection 8.11.02.13: The Committee discussed the uses page12'permitted by Special Use Permits. Neuhauser said she felt the uses permitted were too broad, and that only those structures whoses uses were directly related to the river should be built in the Floodway Overlay District. Ms. Milkman pointed out that an additional 0 0 -4- restriction on construction in the OFW occurred in B.I. of this Subsection, which requires the maintenance of an unobstructed floodway capable of carrying the 100 year flood without increasing heights more than one foot at any point. Jakobsen said she felt the real problem in this requirement was the one -foot stipulation, pointing out that even bridges in the area were not obstructive enough to raise the water that much. Mr. Geshwiler pointed out that one of the purposes of Special Use Permits is to establish an additional set of criteria which must be satisfied before any variances can be granted. Neuhauser and deProsse felt that the Permits would encourage construction in the Floodway when it should be discouraged. Ogesen commented that if someone came up with a legitimate, reasonable proposal for construction in the OFW Zone, then the Special Use Permits might be very useful. Neuhauser requested that the Committee obtain a legal opinion to help clarify the relation between Special Use Permits and the requirement for maintenance of an unobstructed flood - way. Subsection $.11.02.14: The words "and the Flood Insurance page Study" were added after the words "and Floodway Map" in the title of this Subsection. Subsection 8.11.02.15: In part D, 1160 percent" was changed page to "50 percent." Also, the term "non -conforming" was added before the word "structure" in the first line of D.1. The Committee discussed the regulation described in part D.l. Ogesen and Perret said they felt it was ridiculous to allow a non -conforming structure in the Floodway which had been destroyed by a flood to be rebuilt. They suggested adding the word "not" after the word "may" in the first 1: line of that regulation, placing a period after the word '^ "rebuilt," and striking the rest of the paragraph. v' Milkman pointed out that the last sentence of the D.l. paragraph was quite prohibitive to reconstruction. The Committee decided to refer this problem to Dick Plastino, the Director of Public Works. In part D.3., 1160 %" was changed to "50%." Neuhauser questioned the way in which D.4• was worded and requested Mr. Bowlin's aid in rewording it to make it clear. -5— Subsection 8.11.02.17: The title of part 4 was changed from page 17 "Final Approval" to "Approval by INRC [Iowa Natin•a] ResourcesCouncil]". The word "final" was struck from line 2 of the paragraph below. Part 5 of this Subsection was struck, and part 6 became part 5. Schedule for Adoption of the Comprehensive Plan: Several Committee members expressed their concern over the fact that they were not getting an opportunity to see the topical reports before they were circulated in their final form. The feeling was that if they, as members of CPCC, were expected to defend the content of the reports, then they should see the reports in a draft form. Mr. Kraft said he had indicated to Neal Berlin, City Manager, that an extra step should be added to the process to allow the CPCC to consider revised drafts of the topical reports. Committee member Perret pointed out that a provision for wildlife which he felt was very important had been left out of the Vegetation Report. Neuhauser explained that there was an assumption implicit in the discussion of US518 in the Traffic Report that the City Council endorsed the proposed highway, when in fact they did not. Blum commented that the statement in ques- tion was open to interpretation, but pointed out that the ambiguity of the statement might have been cleared up had the CPCC seen the report in draft form. Mr. Geshwiler explained DCD's position, emphasizing that the planners must have a base from which to work and that therefore certain assumptions about the future must be made. A motion was made by Neuhauser, seconded by Perret, to ask the City Manager that all reports relating to the Comprehen- sive Plan come to the Comprehensive Plan Coordinating Com- mittee for final approval. It was pointed out that Committee members must have the reports a week ahead of the time they are to be discussed, and that in certain instances, it might take longer than one meeting to discuss them thoroughly. The Comprehensive Plan time frame was discussed. Mr. Gesh- wiler estimated that the new step in the process would add 0 0 a month or two to the time frame. Vetter noted that all approvals and adoptions were scheduled to take place in August and that this would likely cause a problem. Geshwiler asked the Committee members if they agreed with the process of adopting the zoning maps and the zoning text simultaneously, adding that he had been advised that this might create problems. The possibility of adopting the Zoning Map in sections was discussed and referred to the Legal Staff. The Committee briefly discussed the status of the General Survey. A motion was made by Jakobsen, seconded by Perret, to re— quest that a letter be sent to appropriate organizations, soliciting questions for the General Survey. The motion carried 5-0. Committee member deProsse had expressed her approval of such a motion before she left. The next CPCC meeting was scheduled for February 24. The meeting adjourned. Prepared by: Approved by: r llen Osz an, DCD 4 Jane J kobsen, for Patricia Cain, sec., CPCC E MINUTES IOWA CITY PARKS AND RECREATION COMMISSION RECREATION CENTER ROOM B FEBRUARY 9, 1977 0 MEMBERS PRESENT: Boutelle, Cilek, Crum, Kelley, Mascher, McLaughlin, Powell, Stockman, Thayer STAFF PRESENT: Flowers, Howell, Lee, Plastino, Showalter GUESTS: Kathy Vogt, Don Parker, Deb Quade, Kathy Larson, Anne Glenister, . Ed Thomas, Dick McCreedy, Glenn Shoemaker, Ben Barnett, Ed Brinton RECOMMENDATIONS TO THE CITY COUNCIL: 1. That exploration be encouraged of a trade of land south of Willow Creek Park for use as a neighborhood park as payment for use of a portion of Willow Creek Park as a water detention area. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The IOwa City Parks and Recreation Commission met in Regular Session on February 9, 1977, with Chairperson Stockman presiding. * Mascher moved and Powell seconded that the minutes of the January 12 .meeting be approved as written. Unanimous. Stockman reported that, during the budget discussion with the Council, $6,500 in program money had been cut from the Recreation Division Budget and that the Park and Cemetery -Forestry Division Budgets were not cut. She thanked Commission members for their attendance at the budget discussion. Showalter reported that there would be a meeting of the College Green ;ark neighborhood residents on Thursday, February 10, at 7:30 p.m. to ,iscuss possible site improvements in the area. Stockman asked Showalter to call Jim Sangster, a former Commission member, and inform him of the meeting. Showalter then reported that the Council had requested that minority votes on Commission items be explained in the minutes. Lee reported that the Recreation Division would be starting several pilot projects, the first being a games and crafts program for children on Wednesdays from 4:00 to 5:30 p.m. at the Mark IV Social Services Center. A weekend gym program is in progress, with children from Mark IV traveling to Horn School. Gyms are also open from 6:30 to 8:30 p.m. one evening per week at Horn, Wood, Lemme and Twain schools. ..West High School will be open on Sundays from 1:00 to 4:00 p.m. for 5 to 6 weeks for use primarily by people in the Mark IV and Hawkeye Court areas. There is also a possibility that an elementary wrestling program will be conducted by volunteers on Saturday afternoons for •approximately 8 weeks. Cilek expressed appreciation of the pilot programs. _ Showalter reported that the Bicyclists of Iowa City would be holding racing events in the downtown area on August 28. He also reported that the Forestry students at Iowa State University would be doing two pro- s `fy/ • • Minutes Page 2 February 9, 1977 • jects with the department; possible projects include an Environmental Review for Hickory Hill Park and planning an arboretum for the Schlaegel property. Mascher reported that she would be attending the Johnson County Open Soace Committee meeting on February 10 at 4:00 p.m. and it was reported that the Riverfront Commission had endorsed the proposed Flood Plain Management Ordinance. Cilek reported that there had been some dis- cussion at the February 1 Committee on Community Needs meeting regarding making the Parks and Recreation Commission position on the Committee a non-voting position. Following discussion, Thayer proposed the following resolution: That the Parks and Recreation Commission direct Cilek to question the proposal that the Parks and Recreation Commission repre- sentative to the Committee on Community Needs be a non-voting member on the Committee. Boutelle, Cilek, Crum, McLaughlin, Stockman and Thayer voted aye and Kelley and Mascher voted nay. The resolution carried. Regarding the proposal of having a Parks and Recreation Commission repre- sentative on the Project GREEN Steering Committee, Anne Glenister stated that the concern and value placed upon Project GREEN by the Commission were appreciated. She reported, however, that the Project GREEN Steering Committee would like to continue the present meeting situation, with • Glenister acting as a liaison. McLaughlin stated that he would like a written response to the questions he had forwarded to Dick Plastino, Director of Public Works, regarding storm water detention at Happy Hollow Park. Stockman stated she thought the questions had been answered during the January meeting presentation but since McLaughlin had gone to alot of work listing his questions, she would ask Plastino for a written response. 'Plastino and Glen Shoemaker of Shoemaker Engineering were present for discussion of a proposed water detention area in Willow Creek Park created by development of Ty'n Cae Addition. The proposal includes erection of a 7' high dam in the southwest part of the park. Cilek inquired about maintenance, i.e. mowing, of the dam and Plastino responded that it would be mowed with the rest of the park by the Parks Division. The water -covered area in the park after a 5 -year storm would be approximately one (1) acre and the water would stand for approximately 31 hours. Cilek stated his feeling that there would not be a major effect on the rest of the park. Mascher expressed concern that the proposed dam would affect future plans for that portion of the park and Showalter responded that future plans included a tall grass prairie and endangered plant species exhibit in that corner of the park. McLaughlin asked about liability and Plastino indicated that that would be the City's respon- sibility. Thayer stated his opinion that the Commission should look • at the matter more objectively. 0 Minutes Page 3 • February 9, 1977 Thayer moved and Cilek seconded that the Parks and Recreation Commission accept the proposal to use Willow Creek Park as a water detention area for the Ty'n Cae Addition. Cilek, Crum, Mascher and Thayer voted aye with Boutelle, Kelley, McLaughlin, Powell and Stockman voting nay. The motion failed. Following further discussion, Powell moved and Kelley seconded that.the Parks and Recreation Commission recommend that explor- ation be encouraged of a trade of land south of Willow Creek Park for use as a neighborhood park as payment for use of a portion of Willow Creek Park as a water detention area. -Unanimous. Showlater will report back to Commission on the status of the proposed trade before February 20. Deb Quade stated her opinion that the future plans for the prairie and endangered plant species exhibit were very important. She pointed out that at the present time there is no area available for the study of prairie plants. Ben Barnett and Ed Brinton of Powers -Willis were present to discuss a proposed water detention area in Hickory Hill Park, indicating that such an area was part of a long range plan to control flooding on Ralston Creek. Two proposed sites for a dam were discussed; both the northern site and the southern site could be either wet or dry bottom storage areas. Barnett indicated that the Ralston Creek Coordinating • Committee was in favor of use of the northern site as a dry bottom storage area. Kelley asked whether there would be dams further north and Brinton replied that there would need to be several small structures built for sediment and debris control. McLaughlin suggested a tour of the park with representatives of Powers -Willis; the tour was set for March 6 at 1:30 p.m. starting from the Hickory Hill parking lot. Neighbors who have a specific interest in becoming informed will be encouraged to attend by McLaughlin and Kelley, who live in this area. e was a concensus that the proposal was of interest to the Commission that the Commission would respond in the near future. There being no further business, the meeting was adjourned at 10:10 p.m. Respectfully submitted, Ellen R. Flowers, Secretary 3b3 MINUTES IOWA CITY HOUSING COMMISSION FERAUARY 16, 1977 PUBLIC WORKS CONFERENCE ROOM MEMBERS PRESENT: Branson, Kamath, Fountain, Hibbs, Lombardi. MEMBERS ABSENT: Retish. CITY STAFF PRESENT: Seydel, Hillis, Burke. RECOMMENDATIONS TO CITY COUNCIL: 1. The Housing Commission moved to recommend to the Council for adoption the Housing Occupancy and Maintenance Code, omitting Chapter 9.30.15 Retaliatory Conduct. This section to be revised prior to submission to Council. SUMMARY OF DISCUSSION 1. The meeting was called to order by Chairperson Branson 2. It was moved by Lombardi and seconded by Fountain to approve the minutes of December 1, 1976. Motion passed. 3. The Commission discussed amending the by-laws to allow the Commission to meet once a month, with work sessions as needed. This will be voted on at the next meeting. 4. Tenant Landlord Ordinance. The Council has asked for a report from the Commission by April 1, 1977. Branson will schedule a work session. 5. Housing Maintenance and Occupancy Code. Bruce Burke, Senior Housing Inspector, was present for discussion. It was moved by Kamath and seconded by Lombardi to recommend to the Council for adoption the Code, as amended, omitting Chapter 9.30.15 Retaliatory Conduct. This section to be revised by the Commission prior to submission to the Council. Motion passed. Branson asked that the Commissioners make every effort to attend the Council's work session on the code. 6. Human Relations Ordinance. The Council will be scheduling the public hearing at their next meetinq. Branson suggested that the Commissioners should be z/1 . 11 -2- present for discussion of the ordinance as it relates to housing. 7. It was moved by Lombardi and seconded by Fountain that the meeting adjourn. Motion passed. NEXT MEETING - MARCH 2, 1977 6:30 A.M. PUBLIC WORKS CONFERENCE ROOM Fredine Branson DATE: February 22, 1977 TO: Neil Berlin, City Manager . FROM: Lyle Seydel, Housing Coordinator,✓ / RE: Draft of Housing Maintenance and Occupancy Code 1. The Housing Commission at their regular meeting on February 16, 1977 recommended the attached code be sent to the Council for consideration and adoption. The final portion 9.30.15.Retaliatory Conduct Prohibited is being revised by the Commission and will be ready for the Commissions action at the meeting scheduled for March 2, 1977. 2. Recommend the attached revision be sent to the Council in the weekly package on Friday, February 25, 1977. The final section should be ready for the Council by March 11, 1977. It is suggested that the Council and the Commission consider the entire document at the informal session on Monday, March 21, 1977 and schedule formal action for March 22 or 29, 1977. It is further suggested the Public Hearings on the Ordinance be rescheduled. 4/412- 9.30.13 9.30.14 CHAPTER 9.30 HOUSING, MAINTENANCE AND OCCUPANCY CODE 9.30.1 General Provisions 9.30.2 - 9.30.3 Authorization to Inspect 9. 30.4 Order to Allow Inspection 9.30.5 Licensing of Rental Dwellings 9.30.6 Enforcement - Notice and Hearings 12 Basic Equipment and Facilities 9.30.8 Light, Ventilation, and Heating 9.30.9 Minimum Space, Use, and Location 20 Requirements 9.30.10 General Requirements 9.30.11 Responsibilities of. Owners and 9.30.12 9.30.13 9.30.14 CHAPTER 9.30 HOUSING, MAINTENANCE AND OCCUPANCY CODE Dwellings Rooming Houses and Multiple Dwellings 27 Designation of Unfit Dwellings and 28 Legal Procedure of Condemnation v/-/121 2-22-77 page General Provisions 1 Definitions 2 Authorization to Inspect 6 Order to Allow Inspection 7 Licensing of Rental Dwellings 9 Enforcement - Notice and Hearings 12 Basic Equipment and Facilities 14 Light, Ventilation, and Heating 17 Minimum Space, Use, and Location 20 Requirements General Requirements 22 Responsibilities of. Owners and 24 Occupants Single Family Owner Occupied 26 Dwellings Rooming Houses and Multiple Dwellings 27 Designation of Unfit Dwellings and 28 Legal Procedure of Condemnation v/-/121 2-22-77 9. 30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and enforcement of this ordinance. A. Legislative Finding. It is hereby found that there exist and may in the future exist, within the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well- being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required. D. Purposes. It is :..reby declared that the purpose of this ordinance is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environ- mental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to pro- mote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this ordinance is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, - ventilation, and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof. C. Scope. The provisions of this ordinance shall apply uniformly to the construction, maintenance, use and occupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and maintenance of all existing residential buildings and structures within the jurisdiction of the City of Iowa City irrespective of when or under what code or codes such buildings or structures were originally constructed or rehabilitated. D. Title. This ordinance shall be known and may be cited as the Housing Maintenance and Occupancy Code of the City of: Iowa City, hereinafter referred to as "this ordinance". -1- V -7r V V W, 2-22-77 9.30.2 DEFINITIONS 9.30.2 Definitions. The following definitions shall apply in the interpretation of this Chapter. A. ACCESSORY STRUCTURE shall mean a detached structure which is not used or not intended to be used for living or sleep- ing by human occupants. B. ATTIC shall mean any story situated wholly or partly within the roof and so designed, arranged or built to be used for business, storage or habitation. C. BASEMEIIT shall mean the lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground. D. CENTRAL HEATING SYSTEM shall mean a single system supplying heat to one or more dwelling unit(s) or more than one rooming unit. E. DILAPIDATED shall mean to have fallen into ruinous condition as by misuse or neglect. F. DUPLEX shall mean any habitable structure containing only two single dwelling units. G. DWELLING shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. H. DWELLING UNIT shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleep- ing, cooking, and eating. I. EGRESS shall mean an arrangement of exit facilities to assure a safe means of exit from buildings. J. EXTERMINATION shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Housing Inspector. K. FAMILY shall mean one person or two or more persons related by blood, marriage, or adoption occupying a living unit as an indi- vidual housekeeping organization. A family may also be two, but not more than two persons not related by blood, marriage, or adoption. -2- j.; i 0 0 11. GARBAGE shall mean the animal and vegetahle waste resulting from the handling preparation, cooking, and con- sumption of food. M. GUEST shall mean any person who shares a dwelling unit in a non -permanent status for not more than thirty (30) days. N. HABITABLE ROOM shall mean a room or enclosed floor space used, or intended to be used for living, sleeping, cooking, or eating purposes; excluding bathrooms, recreation rooms, toilet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. 0. HOUSING INSPECTOR shall. mean the official or officials of the City of Iowa City appointed to administer the provisions of this Chapter. P. INFESTATION shall mean the presence, within or around a dwelling, or any insects, rodents, or other pests. Q. KITCHEN shall mean any room containing any or all of the following equipment, or any area of a room within three feet of such equipment: sink, stove, range or comparable built-in cooking facilities, refrigerator, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation. R. KITCHENETTE shall mean a small kitchen or an alcove containing a kitchen. S. MULTIPLE DWELLING shall mean any dwelling containing more than two dwelling units. T. OCCUPANT shall mean any person, over one year of age, living, sleeping, cooking, or eating, in, or having actual possession of, a dwelling, dwelling unit, or rooming unit. U. OPERATOR shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. V. OWNER shall mean any person who, alone or jointly or severally with others: 1. Shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or 2. Shall have charge, care, or control of any dwell- ing or dwelling unit, as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing -3- D RAff 2-22-77 the actual owner shall be bound to comply with the provisions of this Chapter to the same extent as if he were the owner. W. PERMIT shall mean a Certificate certifying that the unit for which it is issued was in compliance with the applicable provisions of this Chapter when last inspected. Said Certificate shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided, and shall be renewed annually. X. PERSON shall mean and include any individual, firm, corporation, association, or partnership. Y. PLUMBING shall mean and include all of the following supplied facilities and equipment; gas pipes, gas -burning equip- ment, water pipes, garbage disposal units, waste pipes, toilets, sinks, dishwashers, lavatories, bathtubs, shower baths, clothes washing machines, water heating devices, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. _ Z. PRIVACY shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption of interference, either by sight or by sound, by unwanted persons. AA. REFUSE•' shall mean all putrescible and non-putrescible solids (except body waste) including garbage, rubbish, ashes and dead animals. BB. REFUSE CONTAINER shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions. CC. RESIDENCE HALL shall mean a building or a group of rooms in a building used for institutional living and sleeping by four or more persons. For the purpose of this Chapter, the term "residence hall" shall include, but is not limited to, fraternity houses and sorority houses. DD. ROOMING UNIT shall mean a room or any group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking and eating purposes. EE. ROOMING HOUSE shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to more than three persons except those whose relationship to the owner or operator by blood, marriage, or legal adoption was the basis for occupancy. .1 -9- 2-22-77 IT. SINGLE FAMILY OWNER OCCUPIED nWELLING shall mean any dwelling which contains one dwel.l..inq unit which is occupied solely by the owner and the family thereof and may or does have one or more rooming units rented to persons other than a member of the family in accordance with applicable roninq code. JJ. SUPPLIED shall mean paid for, furnished, or provided by or under the control of, the owner or operator. KK. TEMPORARY PERMIT shall mean a Certificate certifying that the unit for which it is issued is not in compliance with the applicable provisions of this Chapter and which certifies that the unit for which it is issued may be occupied for a time specified in said Certificate, pending the completion of the necessary improvements needed to bring it into compliance. Said time period being determined by a reasonable time necessary for the completion of said improvements, not to exceed one year, and said Temporary Permit shall be in effect for said time period, unless sooner suspended or revoked as provided in this Chapter and shall not be renewable with the exception that one renewal may be granted if the original permit and the renewal do not exceed one year. LL. MEANING OF CERTAIN WORDS. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "premises", are used by this Chapter, they shall be construed as though they were followed by the words, "or any part thereof". -5- I 2 2-22-77 0 0 9.30.3 AUTHORIZATION TO INSPECT A. AUTHORITY. The Housing Inspector. is hereby authorized to administer and enforce the provisions of this Code, and to make inspections to determine the condition of dwellings, dwelling units, rooming units, trailers, structures, and premises located within the City. B. RIGHT OF ENTRY. Wherever necessary to make an inspection to enforce any of the provisions of this code, or whenever.the Housing Inspector or his/her authorized representative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structures, or premises, any condition which makes such unit or premises in violation of any provision of this code, or in response to a complaint that an alleged violation of the provision of this code or of applicable rules or regulations pursuant thereto may exist, the }lousing Inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the housing Inspector by this code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The Housing Inspector or authorized representative shall at such time: 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without an Order to Allow Inspection. 4. Explain that if entry is refused the Housing Inspector may apply to a Magistrate for an Order to Allow Inspection under Section 9.30.4 of this Code. C. PENALTY. No owner or occupant or any other person having charge, care or control of any dwelling, dwelling unit, rooming unit, structure, or premises, shall fail or neglect, after presentation of an Order to Allow Inspection or a Search Warrant, to properly permit entry therein by the dousing Inspector or his/her authorized rep- resentative for the purpose of inspection and examination pursuant to this code. Any person violating this subdivision shall be guilty of a misdemeanor. D. EVIDENCE. Evidence obtained by use of an Order to Allow Inspection may be used to effectuate the purposes and provisions of this Chapter in any ensuing action brought by the City for a violation of this Chapter. 2-22-77 • 0 9.30.4 ORDER TO ALLOW INSPEC9'IDN A. ORDER TO ALLOW INSPECTT.ON. The Housing Inspector is hereby authorized to conduct consentual inspections of any dwell- ing within Iowa City, Iowa on a reasonable and regular inspectional basis or upon request or complaint, in order to perform the duty of safeguarding the health and safety of the occupants or the public. If consent to inspect the building is withheld by any person or persons having the lawful right to exclude, the Housing Inspector shall apply to a Magistrate of the Iowa District Court in and for Johnson County for an order to allow inspection of the building. Such application shall include the following: 1. The name of the applicant. 2. The applicant's occupation and duties. 3. That the applicant contacted the person in control of the building and requested permission to inspect such premises at a certain time, pursuant to Section 9.30.3D. 4. That the person so contacted refused to grant per- mission to inspect said premises. 5. That the applicant has reasonable cause to believe "that there may be substandard conditions as defined by the Housing Code or that the inspection is to be conducted pursuant to a routine inspection 'of the premises. If the first reason is given, the applicant shall briefly set out the basis for his/her belief. 6. The date the structure was last inspected by a Housing Inspector. 7. That the inspection is necessary to assure the health and safety of the occupants and the general public. B. ISSUANCE OF ORDER. If the magistrate is satisfied from his/her examination of the applicant that proper grounds for the application exist, or that there is reasonable cause to believe that there d s a violation of the housing code, he/she shall issue an h. Order to Allow Inspection to the Housing Inspector. C. FORM OF ORDER. The warrant may be in substantially the following form: ORDER TO ALLOW INSPECTION Now on this day of , 19 , the Court having considered the attached application, it is the order of this Court that be present and allow inspection by the Housing Inspector of the building located at i 2-22-77 0 r In Iowa City, Iowa on the ___ flay of , 19 , commencing at o'clock m., which date and time is not less than 72To—u7s from the present, or appear prior to said date and present evidence to this Court why such inspec- tion should not be held. Magistrate In and For Johnson County, Iowa D. PROCEDURE. Any Housing Inspector receiving an Order to Allow Inspection shall proceed as follows: 1. The Housing Inspector shall deliver a copy of the Order to Allow Inspection to any named owner, operator, or possessor of the building residing in the building. If no owner, operator, or possessor resides in the building the Housing Inspector shall post a copy of the Order at the main door of the building and mail a copy of the Order to the last known owner, operator, or possessor at his/her last known mailing address. 2. The Housing Inspector shall enter and conduct an inspection of the described building on the date and at the time indicated in the Order. 2-22-77 9.30.5 LICENSING OF RENTAL DWELLINGS A. No person shall operate a rental dwelling or shall let to another for occupancy any unit in any dwelling unless he holds a valid Permit or Temporary Permit for said dwelling, issued by the Housing Inspector or in the name of the operator and for the specific dwelling or dwelling unit. B. Every Permit shall be issued for a period of one year from its date of issuance unless sooner revoked, and may be renewed for successive periods of not to exceed one year. C. No Permit shall be issued and no Temporary Permit shall _ be issued or renewed unless the applicant owner or operator has first made application therefore, on an application form provided by the Housing Inspector. The Housing Inspector shall develop such forms and make them available to the public. D. The Housing Inspector is hereby authorized upon application therefore, to issue new Permits and renewals thereof, in the names of applicant owners or operators of rental dwellings. No Permit shall be transferable to another dwelling or structure. No such new Permits shall be issued unless the rental dwelling unit or rooming unit, in connection with which the Permit is sought, is found after inspection to meet all applicable requirements of this ordinance and applicable rules and regulations pursuant thereto. The Housing Inspector may or may not require inspection of the unit for the renewal of an existing Permit. E. The Housing Inspector is hereby authorized upon application therefore, to issue Temporary Permits, and renewals thereof, in the names of applicant owners or operators of rental dwellings. The applicant owners or opererators in whose names Temporary Permits are issued or renewed, shall agree that all necessary improvements needed to bring the unit into compliance with all the applicable provisions of this ordinance, shall be done within the time period specified in said Temporary Permit. F. Upon the issuance by the dousing Inspector of any new Permit or any Temporary Permit under the provisions of. this Section, there shall be paid by the owner or opertor of the rental dwelling, a fee, the amount of which shall. be set by Resolution of the City Council, Iowa City, Iowa. The fee for a Temporary Permit shall be the same as for a Permit and a separate fee shall be required for a regular Permit issued after. a Temporary Permit has expired or the unit has come into compliance. G. The Housing Inspector may perform an inspection to determine whether the dwelling for which the Permit is sought is in compliance with the applicable provisions of this ordinance and with applicable rules and regulations pursuant thereto, before the issuance of a New Permit or Temporary Permit or the renewal of a Temporary Permit on said dwelling. -9- 1 2-22-77 H. The Housing Inspector is hereby authorized to periodi- cally inspect all dwellings on the following routine cyclical basis: 1. Single family dwellings containing rental units may be inspected at least once every four years. 2. Duplexes may be inspected at least once every three years. 3. Multiple Dwellings and Rooming [louses shall be inspected at least once a year. I. The failure of any owner or operator of a dwelling for which a current valid Permit or Temporary Permit has been issued, to properly permit entry therein by the Housing Inspector after proper demand is made, as provided in Section 9.30.3.B of this ordinance, will constitute grounds for the revocation of the Permit or Temporary Permit issued to said dwelling. J. Whenever, upon inspection of any rental dwelling, the Housing Inspector finds that conditions or practices exist which are in violation of any provisions of this Chapter, the Housing Inspector shall give notice, in writing, to the operator of such dwelling, that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the operator's Permit or Temporary Permit will be revoked. At the end of such period, the Housing Inspector shall reinspect such rental dwelling and if he finds that such conditions or practices have not been corrected, he shall give notice, in writing, to the operator that the latter's Permit has been revoked. Upon receipt of notice of revocation, such operator shall immediately cease operation of rental dwelling and no person shall allow occupancy for sleeping or living purposes any unit therein provided, except that in instances where violations of this Chapter are confined to one of several dwelling units or rooming units within a dwelling and, in the judgment of the dousing Inspector, do not constitute a hazard to health or safety elsewhere, the Housing Inspector may limit the application of the requirement to vacate premises to the areas in which the violations exist. K. REMEDY NON-EXCLUSIVE. No provision or section of this ordinance shall in any way limit any other remedies available under the provisions of the Housing Code or any other applicable law. L. Any person whose Permit to operate a rental dwelling has been revoked, or who has received notice from the Housing Inspector that his Permit is to be revoked unless existing conditions or practices at his rental dwelling are corrected, may request, and shall be granted, a hearing on the matter before the Housing Appeals Board under the procedure provided by Section -lo- 9.30.6 of this Chapter provided thaL if no petition for such hearing is filed within ten days following the day on which such Permit was revoked, such notice shall be deemed to be a final order of revocation. M. No structure containing one or more dwelling units shall be converted from one housing classification to another without said structure and dwelling unit having been inspected by the Housing Inspector within 180 days prior to said conversion. Upon correction of any noted deficiencies, the Housing Inspector shall issue a Permit for said structure and dwelling unit(s). 6 2-22-%% 9.30.6 ENFORCEMENT -NOTICE AND HEARINGS A. Whenever the Housing Inspector determines that there are reasonable grounds to believe that there has been a violation of any provisions of this ordinance, the Housing Inspector shall issue a notice setting forth the alleged violations, and advising the owner, occupant, or operator that such violations must be corrected. This notice shall: 1. Be put in writing. 2. Include a statement of the reasons why it is being issued. 3. Allow a specific time for the performance of any act it requires. 4. Be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner, or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by first class mail to his last known address; or if he is served with such notice by any other method authorized or required under the laws of this state. 5. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter. B. For the purposes specified in subsection 9.30.6.C, 9.30.6.D, 9.30.6.E, 9.30.5.L, and 9.30.14.F., of this Chapter there is hereby created a Housing Appeals Board. The City Council may appoint a special board or may utilize any existing official board of the City for this purpose. C. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter may request, and shall be granted, a hearing on the matter before the Housing Appeals Board; provided that such person shall file in the office of the Housing Inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefore,within ten days after the date the notice was served. Upon receipt of such petition, the Housing Inspector shall set a time and place for such hearing; shall give the petitioner written notice thereof, and shall take no further enforcement action pending the outcome of the hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than thirty (30) days after the date on which the petition was filed provided that upon application of the petitioner, the Housing Inspector may postpone the date of the hearing for a reasonable time beyond such thirty (30) day period if, in his judgement, the petitioner has submitted a good and sufficient reason for such post- ponement. M 5F, F, t ii U. After such hearing, the (lousing Appeals Board shall sustain, modify, or withdraw the notice, depending upon .its findings as to whether the provisions of this Chapter have been complied with. If the Housing Appeals Board sustains or modifies such notice it shall be deemed an order. Any notice served pursuant to subsection 9.30.6 of this Chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Inspector within ten days after such notice is served. After a hearing in the case of any notice revoking any Permit required by Section 9.30.5 when such notice has been sustained by the Housing Appeals Board, the Permit shall be deemed to have been revoked. Any such Permit which has been revoked by a notice"shall be deemed to be automatically a final order of revocation if a petition for hearing is not filed in the office of the Housing Inspector within ten days after such notice is served. E. Whenever the Housing Inspector finds that an emergency exists which threatens immediately the public health, he may issue an order citing the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Not withstanding the other provisions of this Chapter, such order shall be effective immediately. Any person to whom such order is .directed shall comply therewith immediately, but upon petition to the Housing Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this ordinance have been complied with, the Housing Appeals Board shall continue such order in effect, or modify it, or revoke it. 2-22-77 0 • 9.30.7 BASIC EQUIPMENT AND SUPPLIES 9.30.7 Basic Equipment and Supplies. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements. A. Every supplied facility, piece of equipment or utility required by this ordinance shall be constructed or installed so that it will function safely and effectively, and shall be main- tained in satisfactory working condition. B. Every dwelling unit shall have a kitchen room or portion of a room in which food may be prepared and/or cooked. The kitchen shall have adequate ventilation, as set forth in Section 9.30.8.D of this ordinance, and shall be equipped with the following: 1. A kitchen sink in good working condition and properly connected to a water supply system which provides at all times an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system. 2. Cabinets and/or shelves or the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safe keeping. 3. A stove or range for cooking food, a refrigerator, or similar device, for the safe storage of food at a temperature less than fifty degrees (50 F.) but more than thirty-two degrees (32 F.) which are properly installed, provided that such stove or range and refrigerator need not be installed when dwelling unit is not occupied or when the occupant is expected to provide the same on occupancy. C. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a toilet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the Housing Inspector. D. Every toilet shall be of the trapped type, with facilities for safe and clean flushing. No toilet shall be of the so-called "flush -hopper", "frost -proof hopper", or similar type. E. Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the Housing Inspector. F. Every dwelling or rooming unit shall have a facility for the safe storage of drugs and household poisons. G. No owner, operator, or occupant shall cause service, facility, equipment, or utility, which is required under this Chapter, to be 1 -14- 2-22-77 removed from or shut off from or discontinued for any occupied dwelling let or occupied by him except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. H. Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of this Chapter shall be properly supplied with both hot and cold water. I. Every dwelling shall have supplied water heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory, basin, bathtub or shower at a temperature of not less than one hundred twenty degrees (120 F.). Such supplied water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of subsection 9.30.8.G. of this Chapter are not in operation. J. All plumbing shall be so designed and installed as to prevent contamination of the water supply through backflow, back - siphonage, and any other method of contamination and so that no, potable water line or plumbing fixture is directly connected to a non -potable water supply. K. Every water supply line shall be so constructed that there is no possibility of a cross -connection between a potable and non - potable water supply. L. Every water supply inlet shall be located above the flood level of any installed sink, lavatory, bathtub or automatic washing machine and similar water using fixtures, or above some non-obstructive overflow thereof; and there shall be no submerged inlets, except submerged inlets installed with a vacuum breaker of a type approved by the Housing Inspector. M. The waste line of every water using fixture shall be trapped and every waste line shall drain freely without obstructions and shall be free of leaks. N. All supplied plumbing shall be maintained in good working condition and reasonable repair by the owner. 0. Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. P. Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. Q. Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the Housing Inspector. R. Gas pressure shall be adequate to permit aper flow of gas from all open gas valves at all times. S. Every gas -burning heating unit and water heater shall be equipped with a pilot light and an automatic control to interrupt the flow of gas to the unit in the event of pilot light failure and all gas heating units with plenum shall have a limit control to prevent overheating. T. The housing Inspector shall in all cases where applicable enforce the Iowa State Plumbing Code. U. The National Electrical Code and the Iowa City Electrical Code shall be enforced by the housing Inspector in order to assure that all dwellings and dwelling units are provided a safe and adequate power supply. V. Every multiple unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each other, and available from each floor level. At least one shall be a doorway which discharges directly or via corridors or stairways or both, to the exterior of the building at ground level. Every dwelling or rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state and ordinances of the City of Iowa City. W. All stairs and steps, either interior or exterior having four or more risers shall be egipped with a substantial handrail situated between thirty (30) and thirty-four (34) inches above the nose of the stair treads. Ali stairways between occupied floors and porch and.walkway steps shall have at least six foot six inches (6'6") of head room; a riser height of not more than eight inches and a tread width not less than nine inches. Fire escape stairs shall have a tread width of at least nine inches and a riser not in excess of nine inches. Winders shall not be used on fire escapes. All areas accessible to accupants of any dwelling and situated more than two feet above adjacent areas shall be protected by substantial guardrails at least thirty-six inches high. X. No person shall let for occupancy any dwelling or dwelling unit unless all exterior doors, and all windows below the second floor of the dwelling or dwelling unit, are equipped with a safe functioning locking device. i -16- 2-22-77 • 11 9.30.8 LIGHT, VENTILATION AND HEATING 9.30.8 Light, Ventilation, and Heating. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements: A. Every habitable room except those used solely for cooking or cooking and eating shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room or in conformity with energy conservation measures as outlined in the Uniform Building Code. B. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. That total openable window area in every habitable room shall be equal to at least forty-five percent (45%) of the minimum window area size or minimum skylight type window size, as required in subsection 9.30.8.A, except where there is supplied some other device affording adequate ventilation and approved by the Housing Inspector. C. Whenever walls or other portions of structures face a window and such light -obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15%) of the total floor area of such room. D. Any kitchen which does not have a window or skylight shall have supplied electric luminaries capable of producing at least seventy (70) foot candles of light at the cooking surface level of ranges and twenty (20) foot candles of light at the surface of table and other food preparation work surfaces. Such kitchens shall be equipped with a mechanical ventilation system which is in working condition and is approved by the Housing Inspector. E. Every bathroom and water closet compartment shall comply with the light and ventilating requirements for habitable rooms contained in subsections 9.30.8.A and 9.30.8.B except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system in working condition and approved by the Housing Inspector. P. Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted on -17- _ �', 2-22-77 solely to dwelli0occupancy and cont-a.ininq Ot more than four dwelling units shall be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of: full-time lightinq. The continuous or available light intensity at floor or stair tread level shall be at least two foot candles. G. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least seventy degrees (70 F.) and which shall maintain in all said locations a minimum temperature of sixty-five degrees (65 F.), at a distance of three feet above floor level at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available to every dwelling unit and rooming unit. H. Every central heating unit, space heater, water heater, and cooking appliance shall be located and installed in such a manner, so as to afford reasonable protection against involvement of egress facilities or egress routes in the event of uncontrolled fire in the structure of materials in the structure. Every fuel burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building and shall be furnised with adequate air supply. The vents shall be of such design as to assure proper draft, shall be adequately supported and shall be kept reasonably clean and in good condition. The chimney and flue shall be properly installed and maintained in good repair. I. No fuel burning heater shall be located within any sleeping room unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. J. Every steam or hot water boiler and water heater shall be protected against overheating by appropriate temperature and pressure limit controls as approved by the Housing Inspector. K. During that portion of each year when the Housing Inspector deems it necessary for.protection against mosquitoes, flies, and other insects, every door used for ventilation, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied screens of not less than sixteen (16) mesh per inch and a self-closing device; and every window or other device with openings to the outdoor space, used for ventilation, shall likewise be supplied with such screens. L. During that portion of each year when the Housing Inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self-closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass, and insulated metal exterior doors. rn -18- } l:✓'9_99-77 17--j 0 M. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (14) inch mesh or such device as will effectivel.v Prevent their entrance. -19- 2-22-77 9.30.9 MINIMUM SPACE, USE, AND LOCATION REQUIREMENTS 9.30.9 Minimum Space, Use, and Location Requirements. No person shall occupy as owner -occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements: A. Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof; the floor space to be calculated on the basis of total habitable room area. Each bedroom in each such unit shall contain at least seventy (70) square feet of floor space. B. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least four hundred (400) cu. ft. of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cu. ft. of air space for each child under twelve (12) years of age. C. The floor area of that part of any habitable room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissable occupancy thereof. D. Every habitable room hereafter erected shall have a finished floor to finished ceiling height of at least seven (7) feet. No ducts, pipe, wiring, or electrical ceiling fixtures shall obstruct the passage in or out of any room or the normal passage about any room. E. In any structure containing two or more dwelling units or rooming units, access to a shared bathroom or toilet compartment shall be through a common hallway. Access to each dwelling unit or rooming unit shall not require first entering any other dwelling unit or rooming unit or bathroom. F. No basement space shall be used as a habitable room or dwelling unit unless; 1. The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. Basement rooms shall be well drained and dry at all times. 2. The total window area in each room is equal to at least the minimum window area sizes as required in subsections 9.30.8.A and 9.30.B.B. 3. Such required minimum window area is located entirely above the grade of the ground adjoining such window area or a window below grade in whole or in part shall have window wells A-20- 2_22-77 0 providing a minimum clear space of three feet from the face of said window. 4. At least one of the rooms of the basement dwelling unit or rooming unit shall have a window or windows opening directly to the street or yard with an aggregate of at least twelve (12) square feet in size clear of sash frame and which shall open readily for the purposes of ventilation and egress. Where a window well exceeding thirty (30) inches in depth is required for such window, there shall be a proper guardrail around the excavation. Where such window well exceeds four feet in depth there shall be an escape ladder provided for egress. -21- 2-22-77 0 9.30.10 GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF DWELLINGS AND DWELLING UNITS. 9.10.10 General Requirements Relating to the Safe and Sanitary Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, cooking or eating therein, which does not comply with the following requirements: A. Every foundation, roof, floor, wall, ceiling, stair, step sidewalk, and every window, door, and other aperture covering shall be maintained in good condition. E. Every door, door hinge, door latch and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. All windows and doors, and their frames shall be constructed and maintained in such relation to wall construction as to exclude rain and wind from entering the structure. C. Every doorway to and within each habitable room1bathroom, toilet room, kitchen, hall, and stairwell shall be at least six foot four inches (6'4") high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. D. All structural, insulating, and wall, ceiling, and floor finish materials, and the installation thereof shall be such as to provide fire resistivity and flame spread characteristics as required by State Code 413.35 and the surfaces shall be of such character as to be easily cleaned. E. Every water closet compartment floor surface, bathroom floor surface and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. Any carpeting that is adjudged to be in an unsafe or unsanitary condition shall be ordered removed by the Housing Inspector. Floor surfacings which are in good condition and composed of terrazo, tile, smooth concrete, rubber, asphalt tile, linoleum, or other similar materials which are reasonably impervious to water shall be deemed to satisfy the requirements of this provision. F. All wall, ceiling and floor areas immediately adjacent to water using fixtures in kitchens, bathrooms, and utility areas shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such areas to be easily kept in a clean and sanitary condition. G. All pipe passages, chutes and similar openings through walls or floors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. -22- 2-22-77 I1. The electrical system of every dwelling shall not by reason of overloading, dilapidation, lack of insulation or improper fusing or for any other cause, expose the occupants to hazards of electrical shock or the occupants and the structure to hazards of fire. I. Every habitable room shall be equipped with a safe electrical switch located near and convenient to the room entrance which activates a luminary within the room. J. Every habitable room shall contain at least two separate floor or wall type electric double convenience outlets which shall be situated a distance apart equivalent to at least twenty five percent of the perimeter of the room; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition. K. No temporary wiring shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms, or similar apertures in structural elements or attached thereto, and which are of sufficient guage to safely operate the fixture. L. The premises and grounds of every dwelling shall be kept orderly and free of uncontrolled materials which are hazardous to life, health, or property and shall be graded, drained, and maintained as to preclude the ponding of water or the attraction, breeding, and harborage of vermin. M. The exterior of every dwelling and its outbuildings, porches, exterior steps, and similar appurtenances shall be painted, finished or otherwise maintained to prevent excessive deterioration from weathering. N. All fences, outbuildings, and other appurtenances, on the premises of any dwelling and all eaves, troughs, downspouts and other roof drainage equipment of the dwelling and its outbuildings shall be maintained in sound functional condition, and otherwise in such manner so as not to constitute a fire, health, or safety hazard. 0. Accessory structures on the premises of a dwelling unit shall be structurally sound, and be maintained in good repair and free of vermin. The exterior of such structures shall be made weather resistant through the use of decay -resistant materials of the use of paint or other preservatives. Further, any structure built as an accessory structure shall not later be made into a dwelling unit or units without completely fulfilling all standards set down for the construction of buildings by the Uniform Building Codes and the Iowa City Housing Maintenance and Occupancy Ordinance. P. All cisterns fenced, safely covered hazard to life or limb. or similar water storage facilities shall be or filled in such a way as not to create a -23 Baa 2-22-77' • 9.30.11 RESPONSIB.I.LITIES OP OWNERS AND OCCUPANTS A. No owner shall occupy or lot to any other occupant any vacant dwelling unit or rooming unit unless .it is clean, sanitary and fit for human occupancy. B. Every owner of a dwelli.nq containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. Every occupant of a dwelling or dwelling unit shall keep in a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which occupies and controls. C. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean, safe, and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. In shared facilities, the owner shall be responsible for the maintenance and sanitary condition of said fixtures. D. Every floor and floor covering shall be kept reasonably clean and shall not be littered or covered with dirt, garbage, human or animal fecal matter, or any other unsanitary thing. Every wall and ceiling whall be reasonably clean and shall not be covered with dirt or greasy film. E. In dwellings in which rooming units are let, the operator shall furnish and maintain such curtains, drapes, or similar equipment as necessary to assure privacy to the occupants of the rooming units. r. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of anv insects, rodents, or other pests therein or on the premises and every occupant of a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably Dinsect proof condition, exterminationination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any one dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. G. No stagnant water shall be allowed to accumulate or stand anywhere about the premises and grounds. H. Storage and disposal of garbage and rubbish shall comply with the requirements of the ordinances of the Code of Iowa City concerning same and the Housing Inspector may enforce the requirements contained therein. -24- ,e y rJ 2-22-77 I. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish, garbage, and any other organic waste in a clean and sanitary manner, by placing it in the disposal facilities or storage containers required by the ordinances of the Code of Iowa City. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in multiple dwellings and for all dwelling units located on premises where more than two dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers. J. Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this Chapter except where the owner has agreed to supply such service. {. oil' + ;• ` 2-22-7'1 9. 30-:12 SINGLE FAMILY OWNER -OCCUPIED OR RENTAL DWELLINGS, AND DUPLEX DWELLINGS A. The provisions of section 9.30.17 of this Chapter shall not be required in single family or duplex dwellings. B. In owner -occupied single family dwellings and owner occupied duplexes, the following provisions of this Chapter shall not be required for those portions of the structure which are occupied by the owner: 1. 9.30.7.F (medicine cabinets) 2. 9.30.7.W (Secondary egress) 3. 9.30.7.X (handrails only) 4. 9.30.8.D (kitchen lighting and vent) 5. 9.30.8.E (bath vent) 6. 9.30.8.F (Public hall lights) 7. 9.30.8.K (Screens) 8. 9.30.8.L (Storms) 9. 9.30.9 .E (Access to bath and unit) 10. 9.30.10.I (Wall Switch) 11. 9.30.10.J (Only one outlet required in each room) C. Excepting sections 9.30.12.A and 9.30.12.B, all other provisions of this ordinance shall apply to owners and/or occupants of single family dwellings and duplexes. R _26_ v1 A FT 2-22-77 0 0 9.30.13 ROOMING HOUSES -MULTIPLE' DWELLINGS A. In dwellings in which rooming units are let at least one toilet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the Housing Inspector and in good working condition shall be supplied for each eight persons or fraction thereof, including members of the operator's family. In any rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (:) the required number of toilets. All such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passage way to all persons sharing such facilities. B. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. C. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance in a sanitary condition of every other part of the rooming house and he shall futher be responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.- D. perator: D. Fire extinguishers which are approved by the Housing Inspector and which are suitable for the occupancy as set forth in the State Fire Rules and Regulations shall be provided in every multiple dwelling and rooming house. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. E. Every provision of this Chapter which applies to rooming houses shall also apply to hotels, residence halls, fraternities and sororities, except to the extent that any such provision may be found in conflict with the laws of this state or with the lawful regulations of any state board or agency. F. In every rooming house in which space is let to more than four persons and inevery multiple dwelling in which more than one dwelling unit is served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one hour fire resistive construction including all walls, ceilings, and doors, or a sprinkler system approved by the Housing Inspector. G. No wooden multiple dwelling shall hereafter be erected Ir exceeding two stories in height and no wooden building not now used as a multiple dwelling shall hereafter be altered into a multiple dwelling exceeding two stories in height. Nor shall any attic be altered so as to be made into a habitable living unit unless said alteration complies fully with all the provisions of this ordinance. H. In every rooming house cooking in rooming units is prohibited. Cooking facilities in any rooming house shall comply with section 9.30.7.B of this Code. -27- 2-22-ZT 0 9.30.14 DESIGNATION OF UNFIT OF CONDEMNATION. 0 DWELLINGS AND LEGAL PROCEDURE 9.30.14 Designation of Unfit Dwellings and Legal Procedure of Condemnation. No person shall occupy as owner. -occupant, or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements. A. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector. 1. One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested, that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public. B. The Housing Inspector shall leave a reasonable period of ` time.1but not more than six months between the time he placards the property and the time he begins condemnation proceedings if remedial action is not taken to correct the situation for which the dwelling was placarded. C. Any dwelling or dwelling unit or any portion thereof, condemned as unfit for human habitation and so designated and placarded by the Housing Inspector, shall be vacated immediately or as ordered by the Housing Inspector. D. No dwelling or dwelling unit or portion thereof which has been condemned and placarded as unfit for human habitation, shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. E. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.1.4.D. F. Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request, and shall be granted, a hearing on the matter before the Housing Appeals Board under the procedure set forth in Section 9.30.6 of this Chapter. -28' AFT bi'l�A 2-22-77 ova 0 0 MINUTES IOWA CITY RIVERFRONT COMMISSION CITY MANAGER'S CONFERENCE ROOM FEBRUARY 16, 1977 MEMBERS PRESENT: Brandrup, Epley, Fahr, Fountain, McLaughlin, Neuzil, Vetter, Woodruff MEMBERS ABSENT: Campbell, Horton, Lindberg STAFF PRESENT: Flowers, Milkman, Showalter SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission met in Regular Session on February 16 with Chairperson Fahr presiding. Fahr introduced John McLaughlin, the new Parks and Recreation Commission representative to the Riverfront Commission. c * Brandrup moved and Vetter seconded that the minutes of the January 13 * meeting be approved as written. Unanimous. Woodruff moved and Vetter seconded that the minutes of the February 2 meeting be approved as written. Unanimous. Fahr reported that he had attended Milkman, Brandrup and u, • Corridor StudA.ofT btl that adoptiospecifics. Phase II Repnot a definiprivate landand concern;maximum pub' one of the ' the Phase I`: February 22. It was reporter` Committee had di some of the reconu: updated Plan also ino river. a meeting of the City Council with ing adoption of Phase II of the River indicated that he had explained would not commit the Council to following excerpt from the �e resolution, "The Plan is s for public acquisition or ise outlining public desires vate development through ition." He reported that ,any possibility of loss of and that there had been orridor Management body as the resolution to adopt agenda for Tuesday, Frks, Recreation and Open Space 3 -on County Plan which includes Awa River Corridor Study. The for land acquisition along the Milkman reported that the Comprehensive Plan Coordinating Committee had reviewed the proposed Flood Plain Management Ordinance. That Committee would like the ordinance to be more restrictive and is requesting a legal opinion on the matter. The ordinance must go through a public • hearing and be approved by the City and then must be approved Uy the Iowa Natural Resources Council. The draft has already been approved by the Kansas City office of the Department of HUD. Zf4.3 MINUTES PLANNING AND ZONT.NG COMMI':;SION FEBRUARY 17, 1977 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Jakobsen, Kammermeyer, Lehman, Ogesen, Vetter MEMBERS ABSENT: Blum, Cain STAFF PRESENT: Bowlin, Oszman, Schmeiser RECOMMENDATIONS TO THE CITY COUNCIL: 1. To approve S -7702a, final Planned Area Development plan of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Voulevard, subject to the submission of a dedication document granting a per- petual easement to the City for the water main located in Old Farm Apartment lot. To approve 7702b, final plat of Village Green, Part VI, located south -" Muscatine Avenue and east of Village Green A^ ^r., to the submission of a dedica— tionperpetual easement to the City fo• .n Old Farm Apartment lot. Large Scale Residential y plat of Westwinds located t of West High School, Cencies: as most recently sub— with a 3" height be 'rivate drives, :lane on Melrose Avenue e of the developer, .r right -turn lane, on West - .,ed, but not constructed at waiver of future assessment thaiments of the Storm Water Detention Ordinance be met. REQUESTS TO THE CITY_ MANAGER FOR INFORMATION OR STAFF ASSISTANCE: That the Staff assist in preparing proposals restricting park- ing of recreational vehicles in front and side yards and a list of City -owned property which might be used for parking recreational objects. 4/ly- RETAKE OF PRECEDING DOCUMENT 14INUTES IOWA CITY RIVERFRONT COMMISSION CITY MANAGER'S CONFERENCE ROOM • FEBRUARY 16, 1977 MEMBERS PRESENT: Brandrup, Epley, Fahr, Fountain, McLaughlin, Neuzil, Vetter, Woodruff MEMBERS ABSENT: Campbell, Horton, Lindberg STAFF PRESENT: Flowers, Milkman, Showalter SUN[MARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission met in Regular Session on February 16 with Chairperson Fahr presiding. Fahr introduced John McLaughlin, the new Parks and Recreation Commission representative to the Riverfront Commission. i Brandrup moved and Vetter seconded that the minutes of the January 13 meeting be approved as written. Unanimous. Woodruff moved and Vetter seconded that the minutes of the February 2 meeting be approved as written. Unanimous. - Fahr reported that he had attended a meeting of the City Council with Milkman, Brandrup and Horton regarding adoption of Phase II of the River •,Corridor Study by the Council. Fahr indicated that he had explained that adoption of Phase II by the Council would not commit the Council to specifics. The Council requested that the following excerpt from the Phase II Report, page 19, be included in the resolution, "The Plan is not a definition of hard and fixed boundaries for public acquisition or private land use. Rather it is a flexible base outlining public desires and concerns which can be integrated with private development through maximum public/private imagination and cooperation." He reported that one of the concerns raised at the meeting was any possibility of loss of privacy by private land owners along the river and that there had been some discussion of the formation of a River Corridor Management body as f some in Phase II. He also reported that the resolution to adopt ✓/ the Phase II Report should be on the Council agenda for Tuesday, February 22. It was reported that the Johnson County Parks, Recreation and Open Space Committee had discussed the updated Johnson County Plan which includes some of the recommendations from the Iowa River Corridor Study. The updated Plan also includes priorities for land acquisition along the L river. Milkman reported that the Comprehensive Plan Coordinating Committee had reviewed the proposed Flood Plain Management Ordinance. That Committee would like the ordinance to be more restrictive and is requesting a legal opinion on the matter. The ordinance must go through a public • hearing and be approved by the City and then must be approved by the Iowa Natural Resources Council. The draft has already been approved by the Kansas City office of the Department of HUD. tyu 2 0 9 Minutes Page 2 February 16, 1977 Brandrup reported that he had attended the JCRPC Land Use and water Resources Committee meeting and that the Committee had prepared a pamphlet on rural land use planning. Regarding the location of the proposed sewage plant, Milkman reported that Dick Plastino, Director of Public Works, would give a presentation to the Commission if there was interest in the proposal. There was a consensus that the Commission would like to see such a presentation. • Neuzil expressed concern about the flow of water out of the Coralville Reservoir and suggested that the City talk to the Corps of Engineers. Woodruff suggested talking to the U.S. Geological Survey Water Resources Division. Milkman will check with Dick Plastino, Director of Public {corks,.and with the Corps of Engineers and the U.S. Geological Survey. Brandrup suggested that the Staff start research on an overly zone to be included in the Comprehensive Plan. There being no further business, the meeting was adjourned. `Respectfully submitted, V&U lr %s Ellen R. Flowers, Secretary • • MINUTES PLANNING AND FEBRUARY 17, CIVIC CENTER 0 ZONING COMMI;;SIUN 1977 -- 7:30 P.M. COUNCIL CHAMBEHS 0 MEMBERS PRESENT: Jakobsen, Kammermeyer, Lehman, Ogesen, Vetter MEMBERS ABSENT: Blum, Cain STAFF PRESENT: Bowlin, Oszman, Schmeiser RECOMMENDATIONS TO THE CITY COUNCIL: 1. To approve S -7702a, final Planned Area Development plan of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Voulevard, subject to the submission of a dedication document granting a per- petual easement to the City for the water main located in Old Farm Apartment lot. 2. To approve 7702b, final plat of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard, subject to the submission of a dedica- tion document granting a perpetual easement to the City for the water main located in Old Farm Apartment lot. 3. To approve S-7706, preliminary Large Scale Residential Development plan and preliminary plat of Westwinds located south of Melrose Avenue and east of West High School, subject to the following contingencies: (1) that the sanitary sewer plan as most recently sub- mitted be acceptable, (2) that the use of roll curbs with a 3" height be accepted as a variance on private drives, (3) that the left -turn traffic .lane on Melrose Avenue be provided at the expense of the developer, (4) that the storage lane, or right -turn lane, on West - winds Avenue be dedicated, but not constructed at this time, but that a waiver of future assessment be granted, and (5) that all requirements of the Storm Water Detention Ordinance be met. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: That the Staff assist in preparing proposals restricting park- ing of recreational vehicles in front and side yards and a list of City -owned property which might be used for parking recreational objects. • —2— LIST OF MATTERS PENDING COMMISSION—COUNCIL DISPOSITION: 1. P-7317. Creation of a University Zone (U). 2. P-7410. Creation of a Mobile Home Residence Zone (RMH). 3. P-7403. Revision of M1 and M2 Zones. 1. 1` SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: Acting chairperson Vetter asked iC there were any additions or corrections to the minutes of the meeting held on February 3. Commissioner Ogesen pointed out that on page 4, the minutes did not state whether the second motion made by Jakobsen, seconded by Kammermeyer, regarding the Oakes' property had passed or failed. The Commission requested that the minutes show that this motion carried 6-0. Ogesen went on to say that lower down on page 4 of those minutes, reference is made to a resident who is the treasurer of the Village Green Homeowners Association, but that the resident's name is not given. He said the Commission would be interested in knowing this person's name. It was men- tioned that an unsuccessful attempt to acquire this informa- tion had been made. Commissioner Ogesen also indicated that on page 6, paragraph 4, the way in which the #2 contingency on the motion regard- ing the innovative parking lot for Lot 1 of Sturgis Corner Addition had been stated was not clear. He suggested that in the second line of that contingency, the word "as" be deleted and that after the word "indicated" the words "as future plantings" be added, so that the contingency reads "submission of a letter that states that the proposed trees indicated as future plantings in the plan will be planted with a minimum diameter of 1" prior to the issuance of an occupancy permit." A motion was made by Ogesen, seconded by Kammermeyer, to approve the minutes as amended. The motion carried 5-0. Vetter asked if there were any additions or corrections to the minutes of the meeting held on January 20. A motion was made by Ogesen, seconded by Kammermeyer, to approve the minutes as written. The motion carried 5-0. A A motion was made by Ogesen, seconded by Jakobsen, to set ' March 3, 1977 as the date for a public hearing on a proposed ordinance amending the Zoning Ordinance by establishing development and use regulations for certain flood hazard areas of Iowa City, and providing for the administration and enforcement thereof. Commissioner Jakobsen explained that this flood plain ordi- nance had to be passed by the City Council by May 2 in order for Iowa City to qualify for federally subsidized insurance for buildings in the flood plain. The motion carried unanimously. S -7702a. Final Planned Area Development plan of Village reen, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard; date filed: 1/3/77; 45 -da limitation period: 2/17/77; public hearing held: 2/3/77. Don Schmeiser, Senior Planner, gave an overlay presentation of this PAD plan, in which he described the proposed develop- ment, specifying the type of structures to be built in the area. He then made the following points regarding the discrepencies which were listed in the Staff Report: (1) that the sketches indicating the general design of the garage proposed on Old Farm Apartment lot had been submitted at the informal P & Z meeting the previous Monday evening, (2) that the tree planting plan indicating the pro- posed tree plantings for the Old Farm Apartment lot had been submitted, and (3) that the tree planting plan showed two trees in conformance with the Tree Ordinance as existing. Mr. Schmeiser mentioned that he had just received a letter from Mr. R.L. McCreedy, Iowa City Development Co., which stated that the developers had taken action to correct deficiencies A and #5 as listed in the Staff Report. Mr. Schmeiser said that the Staff's recommendation was that the final PAD plan be approved subject to the submission of a dedication document granting a perpetual easement to the City for the water main located in Old Farm Apartment lot. The Commission then examined the planting plan. A motion was made by Jakobsen, seconded by Lehman, to recommend to the City Council approval of S -7702a, final Planned Area Development plan of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard, subject to the submission of a dedication document granting a per- petual easement to the City for the water main located in Old Farm Apartment lot. Commissioner Kammermeyer stated that he would vote against the motion for the same reasons he had voted against the original proposal: because the barn was out of proportion and character for the area, and because he felt residents in the area had been under the impression that the barn would be removed. Commissioner Ogesen pointed out that the City Council had already set a public hearing date for this item. Commissioner Jakobsen indicated that she would vote in favor of the motion because this plan did not differ signifi- cantly from the preliminary plan and because the Staff 0 -5- 0 had recommended approval. The motion carried 4-1. 3-7702b. Final plat of Villape Green, Part VI, located south o uscatine Avenue and east of Village Green Boulevard; date filed: 1/3/77; 45 -day limitation period: 2/17/77; 60 -day limitation period: 3/4/77; deferred: 1/20/77. A motion was made by Ogesen, seconded by Lehman, to re- commend to the City Council approval of S -7702b, final plat of Village Green, Part VI, located south of Muscatine Avenue and east of Village Green Boulevard, subject to the submission of a dedication document granting a perpetual easement to the City for the water main located in Old Farm Apartment lot. Mr. Schmeiser said that, as indicated in a memo from Frank Farmer of the Engineering Department, storm water detention was not really a problem in this area. He explained that storm water up to the 50 -year frequency level could be retained between the sidewalks of Village Road, adding that the developers were not bound by the Storm Water Detention Ordinance because the preliminary plat of the subdivision was approved before the Ordinance was in effect. The motion carried 4-1. S-7706. Preliminary Large Scale Residential Development p-T—anand preliminary plat of Westwinds located south of Melrose Avenue and east of West High School; date filed: 1/19/77; 45 -day limitation: 3/5/77. Mr. Schmeiser gave an overlay presentation of this 106 -unit condominium -apartment development. He pointed out that the development also included a racquet club, although it was not a part of the LSRD. Mr. Schmeiser then discussed the list of deficiencies and discrepencies as outlined in the Staff Report, explaining what had since occurred in regard to these items. He made reference to memos from Gene Dietz, City Engineer, and Jim Brachtel, Traffic Engineer. There followed a lengthy discussion of the items on this list. Particular attention was paid to the problems of storm water control in the area and of left turn storage at the intersection of Westwinds Drive and Melrose Avenue. A motion was made by Jakobsen, seconded by Ogesen, to defer until the next meeting consideration of S-7706, preliminary -6- • Large Scale Residential Development plan and preliminary plat of Westwinds located south of Melrose Avenue and east of West High School. The motion failed unanimously. Bruce Orr, applicant, wondered it it would be possible for the Commission to recommend approval with contingencies. He said that if the matter were handled in this way, and the developers and the Staff could not reach a compromise in a specified amount of time, then the developers would be bound to meet the requirements. Kammermeyer stated that any recommendation to approve would have to be contingent upon satisfactory resolution of the problems mentioned in the Staff Report. He pointed out that a motion to defer would allow the developers time to reach a compromise with the Staff, and that this compromise would serve as the basis for the motion to approve. Mr. Schmeiser expressed his doubt that the Traffic Engineer would change his opinion regarding turn and deceleration lanes. A motion was made by Kammermeyer, seconded by Ogesen, to recommend to the City Council approval of S-7706, preliminary Large Scale Residential Development plan and preliminary platof Westwinds located south of Melrose Avenue and east of West High School, subject to the following contingencies: (1) that the sar;it:ary sewer plan as most recently submitted be acceptable, (?) that the use of roll curbs with a 3" height be accepted as a variance on private drives, (3) that the left -turn traffic lane on Melrose Avenue be provided at the expense of the developer, (4) that the storage lane, or right -turn lane, on Westwinds Avenue be dedicated, but not constructed at this time, but that a waiver of future assess- meht be granted, and (5) that all requirements of the Storm Water Detention Ordinance be met. The motion carried 5-0. The Commission to review the Preliminary Plat of Valley View Knoll of River Heights Second Addition in Johnson County: Mr. Schmeiser read a lett^r from the City Attorney of Coral- ville addressed to John Hayek, City Attorney of Iowa City, regarding the proposed development and the relevant annexa- tion agreement between the two cities. Schmeiser said that both the Engineering and Planning Divisions had reviewed the plat and had commented on it in regard to compliance with . Iowa City's own Subdivision Code. He referred to a memo he • 0 had prepared in which 15 recommendations were listed, then discussed these recommendations individually. (See attached memo Commissioner Kammermeyer explained that nothing the P & Z Commission were to recommend would be legally binding and that the decision regarding the plat would be made by the Coralville City Council and the County. A motion was made by Kammermeyer, seconded by Ogesen, that a recommendation for approval of the Preliminary Plat of Valley View Knoll be made to the appropriate bodies, with the contingency that the 15 points submitted by the Staff be met, with a waiver on the right to appeal assessment on item #15. The motion carried unanimously. Richard Buxton, 2655 Hillside Drive, expressed his concern over the problem of the storage of recreational vehicles in residential neighborhoods. He referred to a letter he had sent to the Commission regarding this matter. Reference also was made to a memo from Bob Edwards, written in res— ponse to Mr. Buxton's letter. Mr. Buxton felt that the storage problem stemmed from the interpretation of the Zoning Code. He suggested that; (1) (2) (3) the Parks and Recreation Commission and the P & Z Commission look into the possibility of using land located off the sand road by the river as a storage area. He said he thought income could be generated by renting spaces in such an area and that the taxpayers could also absorb some of the cost. that additions and modifications of the defini— tions regarding recreational vehicles and other related terms be made, and that the P & Z Commission encourage the construc— tion of vehicle ports to screen the vehicles. Commissioner Kammermeyer said that the new Zoning Code did not really address this problem and that perhaps the Code would require alteration to make the requirements reagarding storage of these vehicles stricter. Lehman said he would be opposed to the City providing space for this purpose because it was not a City problem. He expressed confidence that this kind of facility would make an excellent commercial venture. A motion was made by Kammermeyer, seconded by Ogesen, to request assistance from the Staff in preparing proposals restricting parking 6f recreational vehicles in front and side yards and a list of City—owned property which might be used for parking recreational objects. The motion carried unanimously. Vetter reported that Chairperson Cain, who was absent, had appointed John Kammermeyer to the Johnson County Land Use and Water Resources Committee. Brief reports were made on recent activities of the River— front Commission, the Sign Review Committee, and the City Council. A special meeting; of the P & Z Commission was set for Tuesday, Feb. 22, at 7:00 p.m. The meeting adjourned. Prepared by:C�e�,�ia�7yQr//cam Ellen Oszma , DCD Approved by:— Jnne Jn obsen for Juanita Vetter Secretary P & Z Commission 'i l` carried unanimously. Vetter reported that Chairperson Cain, who was absent, had appointed John Kammermeyer to the Johnson County Land Use and Water Resources Committee. Brief reports were made on recent activities of the River— front Commission, the Sign Review Committee, and the City Council. A special meeting; of the P & Z Commission was set for Tuesday, Feb. 22, at 7:00 p.m. The meeting adjourned. Prepared by:C�e�,�ia�7yQr//cam Ellen Oszma , DCD Approved by:— Jnne Jn obsen for Juanita Vetter Secretary P & Z Commission 111 E *city of Iowa Ci* MEMORANDUJ DATE: February 17, 1977 TO: Planning and Zoning Commss'o FROM: Don Schmeiser, Senior Plann RE: Preliminary plat of Valley View Knoll of River Heights, Second Addition in Johnson County Please be advised that although the subject subdivision is located within the extraterritorial jurisdiction of Coralville, this proposed subdivision lies on the Iowa City side of the "line of annexation" and, therefore, has been submitted to the City for our recommendation to the City of Coralville. The Engineering Division and the Planning Division had just completed their review of the subject subdivision this week and because time is of essence, it is requested that the Commission review and formulate their recommendations to the City Council at this meeting. Deficiencies and discrepancies with the Subdivision Ordinance and design standards of the City of Iowa City are enumerated as follows: 1. A cross-section of the proposed streets should be included on the plat. 2. There is an apparent error in the description of the boundary of the subdivision and because of the error, the traverse does not close. 3. Contours should be indicated at five-foot intervals. 4. The water system proposed for the development is not shown. S. The route storm water runoff will take to the River should be shown. 6. The owners' attorney should be indicated. 7. The radius of the outer edge of the paving within the turnaround should be 351. 8. The radius of the inner edge of the paving within the. turnarounds should be 71. Planning and Zoning Commission February 17, 1977 Page 2 9. The radius and delta angle of the boundary line of Valley View Knoll should be indicated. 10. Storm sewers from the turnarounds of the cul-de-sacs to outlet A should be extended and provided preferably along the lake access easements. In conjunction therewith, it is recommended that a 20 -foot easement be provided in lieu of a 15 -foot easement. A flared end section should also be provided at the end of the storm sewers. 11. The use of outlet A should be indicated. 12. Confirmation from the County Board of Health in regard to the location of septic tanks within this addition should be obtained as there may be some contamination of the lake. 13. There is a portion of Valley View Place which has not been included in the legal description. The word "Valley" has been misspelled in the title of the plat. 14. The dimension of the lot line common to lots 4 and 5 should be indicated. 15. Streets and other improvements required by the Subdivision Code should be constructed or installed. A marked -up copy of the subdivision plat will be presented to the Commission at which time the Staff will review the above deficiencies and discrepancies indicated. The Commission should determine which items they consider to be mandatory in formulating their recommen- dation to the City of Coralville. DS:sc M kXV • STAFF RhPORT To: Planning and Zoning Commission Prepared by: Don Schmeiscr Item: S -7702a. Village Green, Part VI Date: 2/17/77 GENPRAI. INFORMATION Applicant: Requested action: I.'. Purpose: Location: Size: Existing land use and zoning: Surrounri.ing land use and zoning: Applicable regulations: SPECIAL INFORMATION Public utilities: Public services: II Iowa City Development Company 2009 Ridgeway Iowa City, Iowa 52240 Final Planned Area Development plan approval To convert an existing barn located on the site to a five - condominium unit apartment building. South of Muscatine Avenue, cast of Village Green Boulevard and north of Village Road (see location map) 7.08 acres Homestead (house and barn) and RIB North (across Muscatine Avenue) - single family residences and R1A and RIB Cast - undeveloped and RIB West - single family residences and RIB South (across Village Road) - single family residences and RIB PAD requirements of Section 8.10.20 of the Zoning Ordinance and the 'free Ordinance regulations. Adequate water and sewerage service are available. Sanitation service and police and fire protection are available. Vehicular access would be provided from Village Road and Muscatine Avenue. A Physical characteristics: /AMARl.Yi.9 The topography is rolling to severe with a slope range of from 5 to III pereenl . The Staff had indicated in a Staff Report dated .lune 17, 1970 (see Staff Report S-7614) that "the major constraint of the area development plan (preliminary) is the proposal to convert the existing barn to a five-plex. Although this proposal is intriguing, it is the Staff's feeling that the barn does not fit in with the characteristics of surrounding development. --- From a planning standpoint, the barn, because of its large amount of structural disharmony, clashes with the surrounding development both architecturally and aesthetically, thus creating an objectionable influence upon the livability and enjoyment of the neighborhood." For this reason, the Staff had recommended that the PAD plan be denied. Actually, considering the site and structural requirements of the RIB Zone, the barn could be converted to a single family dwelling .in compliance with the zonal regulations. The possibility of that happening is perhaps only remotely probable from a feasibility standpoint. And, if it were, would the objection from adjacent property owners diminish? -- probably not. It is the extreme size of the building which is most objectionable. The barn is located on an approximate one -acre lot. The average density of development, or land area per dwelling unit, is 8750square feet which exceeds the minimum lot size requirement in the RIB Zone. Other than the "stigma" of a multi -family building in a single family area, it .is difficult to perceive that there would be any objection to the subject proposal, particularly since each unit would be sold rather than rented. It is, however, again the "bulk" of the building to which the property owners object as historically, it is one of the reasons why property owners object to any proposed rezoning for multi -family development or characteristically, from a planning standpoint, one of the reasons why such land uses must be appropriately located in relation to one another. Okay, the adjacent property owners should have realized that there was the remote possibility that the barn could be converted to a single family dwelling even though it was initially indicated to them that the barn would be razed. And legally, in this "buyer beware" market, the property owners probably have little recourse, except from a supposition that this site would be developed for single family residential use. It is the inappropriateness of the situation, however, to which the Staff is sympathetic in an incessant attempt to encourage proper land use relationships. Other than the conversion of the barn to a five-plex, the applicant is requesting no other variances to the Zoning Ordinance. RECOMMENDATIONS The Staff recommends that consideration of the final PAD plan be deferred. Since the final plan is in substantial compliance with the approved preliminary plan and, for this reason, the City is compelled to approve the plan, it is the Staff's 0 -3- • Further recommendation that upon revision of the plan incorporating the deficiencies and discrepancies noted below, the final PAD plan be approved. DfiFICfENCfFS AND DI'SCRHPANCICS I. A sketch indicating the gencrril design of the garage proposed on Old Farm Apartment lot should be submitted. 2. A list of proposed tree plantings by size and order,either conifer (evergreen) or deciduous (loses leaves in winter),should be included on the plan for Old Farm Apartment lot. 3. 'rwo trees in conformance with the 'free Ordinance should be provided between the multi -family building (barn) and the parking lot (one tree/161 square feet of landscaped aisle). 4. A legally binding instrument setting forth the procedures to be followed in maintaining the open space land on Old Farm Apartment lot and the means for financing maintenance costs, should be submitted. S. A dedication document granting a perpetual easement to the City for the water main located in Old Farm Apartment lot should be submitted. Approved by: Dennis R. Kra f , D'rJctor Department of Community Development • • STAFF RrPORT To: Planning and Zoning Commission Item: S-77026. Village Green, Part VI GENERAL INFORMATION Applicant: Requested action: Purpose: Location: `Size• Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable Regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Prepared by: Don Schmeiser (late: 1/20/77 Iowa City Development Co. 2009 Ridgeway Iowa City, Iowa 52240 Final plat approval To establish 14 lots for single family residences and one lot for a five -condominium unit apartment building (converted barn). South of Muscatine Avenue, east of Village Green Boulevard and north of Village Road (see location map). 7.08 acres Homestead (house and barn) and RIB North (across Muscatine Avenue) - -- single family residences and R1A and RIB East -- undeveloped and RIB South -- single family residences and RIB West -- single family residences and RIB Subdivision requirements of Chapter 9.SO of the Municipal Code. 2/17/77 3/4/77 Adequate water and sewage service are available. Sanitation service and police and fire protection are available. qq? I 11 -2- Transportation: Physical characteristics: ANALYSIS Vehicular access would be provided from Village Road and Muscatine Avenue. The topography is rolling with a slope range of from 5 to 10 percent. The subject subdivision plat was submitted as a combined final plat and final Planned Area Development plan (S -7702h) for consideration to permit the conversion of an existing barn on the site to a five -condominium unit apartment building not otherwise permitted except in a multi -family residence zone. As illustrated, the apartment building would have access to Muscatine Avenue and the 14 lots proposed for single family residences would have access via a cul-de-sac connected to Village Road. Consideration of a PAD plan is a time consuming process because of the necessity for holding public hearings before the Commission and the City Council and the subsequent considerations of a proposed ordinance by the City Council approving the PAD plan. Unlike an amendment to the Zoning Ordinance, a subdivision plat is approved by adoption of a resolution. According to Section 409.15 of the Iowa Code, a final plat must be acted upon by the City Council within 60 days from the date the plat was submitted or the subdivider has the right to file the plat with the County Recorder and Auditor. It is necessary, therefore, for the Commission and the City Council to proceed with the consideration of the final plat before consideration of the final PAD plan. The extent of this Staff Report is limited to a determination of the final plat's compliance with the Subdivision Code. Although a Staff Report of the final PAD plan will be presented at a later date, it should be noted that the final PAD plan and final plat are in substantial compliance with the approved preliminary PAD plan and preliminary plat. RECOh1MENDATIONS The Staff recommends that consideration of the final plat be deferred, but that upon revision of the plat incorporating the deficiencies and discrepancies noted below, the final plat be approved: DEFICIENCIES AND DISCREPANCIES The subdivider had previously indicated that the existing farmhouse on the site would remain and be located on lot 100. It appears, however, that the residence would not have the proper rear yard depth resulting in a non -conforming building. The rear lot line, therefore, should be adjusted or the farmhouse demolished. Al"I'ACI IMENT Location map ACCOMPANIMENT Final plat. • Approved by: dww IAV Dennis R. Kraft Director, Dept. of Community Development • STAFF RIiPORT To: Planning and Zoning Commission Item: S-7706. Westwinds CI:NH(AL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: 'Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: • Prepared by: Don Schmciser Date: 2/17/77 Melrose Development Company 612 North Dubuque Street Iowa City, Iowa 52240 Preliminary Large Scale Residential Development plan and preliminary plat approval To develop a 106 -unit condominium apartment complex and a racquet club South of Melrose Avenue and east of West High School 13.24 acres Undeveloped and R3 South - Mark IV Apartments and R3 West - Nest Iligh School and RIA North (across Melrose Avenue) - Ilawkeye Drive Apartments (University owned) and RIA Gast - Church and undeveloped and R3 Zoning Ordinance, Subdivision Ordinance and LSRD plan provisions 3/5/77 Adequate water and sewerage service are available Sanitation service and police and fire protection are available. Vehicular access would be provided from Melrose Avenue. The topography is rolling to severe with a slope range of from 5 to 10 percent. -z- ANALYSIS • The "Westwinds" is a proposed 106 -unit condominium apartmout complex composed of 19 huildings,with four to six townhouse units per building, private drives connected to an interior residential street 1'rom Melrose Avenue, and parking hays with landscaped aisles and islands. The development proposed is most intriguing and will provide a highly suitable alternative type of housing to the single family residence at presumably less cost -- a welcome supplement to the Iowa City housing market. In addition to the apartment complex, although not a part of the LSRD plan, a racquet club consisting of four indoor tennis courts, four racquetball courts, a squash court and a clubhouse, is proposed. The site is in a highly suitable location for either a racquet club or a multi- family complex -- adjoining land uses including a church, West High School and other apartment complexes are all coherent land uses. The rolling topography and high visibility of the site are features which provide amenity to the development of apartments. Public services and facilities are immediately available and accessible. Although the racquet club and apartment complex are not conflicting land uses, they do not necessarily complement one another, being only remotely related. (Although the Staff was informed that membership to the racquet club would be extended to the prospective residents, the club for all intent and purpose is not being constructed primarily for the benefit of the residents.) And, because of the anticipated high usage of the racquet club and traffic volumes to and from the facility over the residential street, it would be more of a disruption - to thn li,rino nn,,irnnmAnt of the recirientc than anv henefit it would Drovide. For the above reasons, it is strongly recommended that the applicant consider locating the racquet club adjacent to Melrose Avenue in the northwest corner of the site in a way which would not adversely affect the entrance to the development. Reportedly, the building would be 35 feet high (the maximum height permitted in the R3 Zone) and would have a ground floor area of 36,000 square feet. Located in the northwest corner of the site, which at the lowest point is 36 feet lower in elevation than the highest point at the proposed location of the facility, the building would be much less protrusive. This location, however, does complicate necessary compliance with the provisions of the Storm Water Retention Ordinance, but hopefully there could be a satisfactory resolution to this problem. RECOMMENDATIONS The Staff recommends that the preliminary LSRD plan and preliminary plat be deferred but that upon revision of the application to incorporate and correct the deficiencies and discrepancies noted below, it is the Staff's recommendation that the combined plan and plat ue approved. DEFICIENCIES AND DISCREPANCIES 1. The main line sanitary sewer from Hawkeye Heights to Westwinds Drive and all other sanitary sewers, if publicly owned, should have manholes accessible from the street, private drives or parking areas. In connection therewith, private drives and parking areas should be designated as sanitary sewer easements. ] • 0 -3- 2. The private drives should be constructed with six-inch integral curb and gutter and be paved in accordance with the City design specifications. 3. In the cross section detail of the private drives and street on the plan, six-inch integral curbs should be indicated and a two percent parabolic crown indicated for the private drive. 4. A deceleration lane on Melrose Avenue should he provided and shown on the plan. S. A turning lane on Westwinds Drive should be provided within 300 feet of its intersection with Melrose Avenue and shown on the plan. 6. The centerline of the private drives intersecting with Westwinds Drive should be lined up or be 125 feet offset. 7. A development time schedule of the estimated time of development should be submitted. 8. The height of the apartment buildings should be indicated either on the plan or on the building plans submitted. 9. The dimension of the lot line common to lots 3 and 4 should be indicated. 10. 'The storm water management provisions should be in compliance with the — Engineering Division's recommendations. ATTACHMENT Location map ACCOMPANIMENT Preliminary LSNRD plan and preliminary plat. Approved by Dennis R. Kraft Director y;> Dept, of Community Development 9 n u R l 11 .. . `•• •:� REQUEST ++IG++ SCMM. ; '•;'•' AREA C,quRtd n I