HomeMy WebLinkAbout1989-05-16 OrdinanceORDINANCE NO.
ORDINANCE APPROVING THE AMENDED PRELIMINARY
PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR
SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF KIRKWOOD AVENUE AND
MARCY STREET, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL Subject to the terms and conditions
of the attached ancillary Agreement, the Amended Preliminary
PDH Plan for Summit Place, and legally described in
Attachment A, Is hereby approved. The Amended Plan is
approved under the present PDH -5 zoning classification of the
property.
SECTION II. VARIATIONS. Section 36.47(x) of the Zoning
Ordinance permits flexibility In the use and development of
structures and land where Such variations from the
conventional requirements of the underlying zone will not be
contrary to the purpose and intent of the Zoning Ordinance,
not be Inconsistent with the Comprehensive Plan, nor be
harmful to the neighborhood In which located. The following
variations are found to be consistent with these standards and
are approved as a part of this Plan. The variations permit: -
A. Seven (7) condominium units arranged in three (3) unit
and four (4) unit dwellings. The dwellings are located
on the portions of the site more suitable for
development, which results In conservation of open
space and preservation of existing tree stock. Various
methods have been employed to integrate the project
Into the neighborhood, and Includes fences of a
residential scale and design; vegetative screening;
Preservation Of existing mature tree stock; and
'Incorporating a Staggered design Of the four (4) unit
dwelling oriented onto Marcy Street to soften the visual
effect of the dwelling.
B. Restoration of the existing brick and Iron fence on
ldrkwood Avenue and construction of a similar brick
and Iron fence on Marcy Street. Both fences will not
exceed a height Of seven (7) feet, and are permitted to
be located on the rights-of-way. line Of Kirkwood
Avenue and Mercy Street. The proposed design will
- not impair visibility of traffic approaching the Klrkwood
Avenue/Marcy Street Intersection, northe visibility of the
sidewalk for traffic entering or leaving the development
via the private drive on Marcy Street. Retention of the
brick: and Iron fence Is favored by adjoining property
owners,- and will lessen the Impact of the proposed
development on the Surrounding neighborhood.
Reduction of pavement width and design standard from
a 28 -foot wide curb and gutter public street to a 22.
foot wide non -curb and gutter private drive. The
reduced pavement width and design standard allows
for the safe and efficient movement of traffic within this
small, non -through street development. The width and
alignment of the drive Is Intended to minimize the loss
of existing On•slte tree stock without sacrificing traffic
safety. With the three (3) unit dwelling equipped with
a fire sprinkling system, the width and design of the
private drive is adequate for emergency, vehicle access.
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C.
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ORDINANCE NO.
ORDINANCE APPROVING THE AMENDED PRELIMINARY
PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR
SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF KIRKWOOD AVENUE AND
MARCY STREET, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL Subject to the terms and conditions
of the attached ancillary Agreement, the Amended Preliminary
PDH Plan for Summit Place, and legally described in
Attachment A, Is hereby approved. The Amended Plan is
approved under the present PDH -5 zoning classification of the
property.
SECTION II. VARIATIONS. Section 36.47(x) of the Zoning
Ordinance permits flexibility In the use and development of
structures and land where Such variations from the
conventional requirements of the underlying zone will not be
contrary to the purpose and intent of the Zoning Ordinance,
not be Inconsistent with the Comprehensive Plan, nor be
harmful to the neighborhood In which located. The following
variations are found to be consistent with these standards and
are approved as a part of this Plan. The variations permit: -
A. Seven (7) condominium units arranged in three (3) unit
and four (4) unit dwellings. The dwellings are located
on the portions of the site more suitable for
development, which results In conservation of open
space and preservation of existing tree stock. Various
methods have been employed to integrate the project
Into the neighborhood, and Includes fences of a
residential scale and design; vegetative screening;
Preservation Of existing mature tree stock; and
'Incorporating a Staggered design Of the four (4) unit
dwelling oriented onto Marcy Street to soften the visual
effect of the dwelling.
B. Restoration of the existing brick and Iron fence on
ldrkwood Avenue and construction of a similar brick
and Iron fence on Marcy Street. Both fences will not
exceed a height Of seven (7) feet, and are permitted to
be located on the rights-of-way. line Of Kirkwood
Avenue and Mercy Street. The proposed design will
- not impair visibility of traffic approaching the Klrkwood
Avenue/Marcy Street Intersection, northe visibility of the
sidewalk for traffic entering or leaving the development
via the private drive on Marcy Street. Retention of the
brick: and Iron fence Is favored by adjoining property
owners,- and will lessen the Impact of the proposed
development on the Surrounding neighborhood.
Reduction of pavement width and design standard from
a 28 -foot wide curb and gutter public street to a 22.
foot wide non -curb and gutter private drive. The
reduced pavement width and design standard allows
for the safe and efficient movement of traffic within this
small, non -through street development. The width and
alignment of the drive Is Intended to minimize the loss
of existing On•slte tree stock without sacrificing traffic
safety. With the three (3) unit dwelling equipped with
a fire sprinkling system, the width and design of the
private drive is adequate for emergency, vehicle access.
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Ordinance No.
Page 2
D. No Internal sidewalks. Due to the small scale of this
development and its Compact arrangement, sidewalks
are not regarded as necessary. The limited amount of
traffic anticipated on the private drive, on which no
parking Is permitted, together with the availability and
accessibility of common open space within the
development, may serve as alternatives to the use of
sidewalks. Sidewalks presently exist adjacent to the
development within the ldrkwood Avenue/Marcy Street
right-of-way.
SECTION III. AGREEMENT. The Mayor Is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Agreement.
SECTION IV. REPEALER, All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY, If any section, provision or part
-of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
-of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstftutlonal.
SECTION VI, EFFECTIVE DATE, This Ordinance shall be in
effect after its Mal passage, approval and publication as
required by law, and shall be recorded in the Johnson County
Recorder's Office.
Passed and approved this
ATTEST:
CITY CLERK
Approved as to
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Ordinance No.
Page 2
D. No Internal sidewalks. Due to the small scale of this
development and its Compact arrangement, sidewalks
are not regarded as necessary. The limited amount of
traffic anticipated on the private drive, on which no
parking Is permitted, together with the availability and
accessibility of common open space within the
development, may serve as alternatives to the use of
sidewalks. Sidewalks presently exist adjacent to the
development within the ldrkwood Avenue/Marcy Street
right-of-way.
SECTION III. AGREEMENT. The Mayor Is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Agreement.
SECTION IV. REPEALER, All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY, If any section, provision or part
-of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
-of the Ordinance as a whole or any section, provision or part
thereof not adjudged invalid or unconstftutlonal.
SECTION VI, EFFECTIVE DATE, This Ordinance shall be in
effect after its Mal passage, approval and publication as
required by law, and shall be recorded in the Johnson County
Recorder's Office.
Passed and approved this
ATTEST:
CITY CLERK
Approved as to
Form
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ATTACHMENT A
LEGAL DESCRIPTION
Beginning at a found pin at the intersection of the South line of Kirkwood
Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the
Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36, Johnson
County_ Recorder's Office, Johnson County, Iowa; Thence N90000'00"E, (An
Assumed Bearing for the purpose of this Description) along the South Line
of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column;
Thence S1°45'11"W, parallel with said Marcy Street, 463.05 feet to a found
Pipe28.95 feet; ThenceON90°00'00"W4 17.00 39.3feettfeet;
Thence N1°45nd in; ''11"E, 120.00Ece feet,*
Thence N9000010011W, 90.00 feet; Thence N1045'11"E, 120.50 feet; Thence
N90000'00"W, 100.00 feet to a found Pipe on the East Line of said Marcy Street;
Thence N1°45111"E, along the East Line of said Marcy Street, 193.61 feet to
the Point of Beginning. Said tract of land contains 1.68 acres more or less,
and subject to easements and restrictions of record.
X03
ANCILLARY AGREEMENT - SUMMIT PLACE DRAFT
This Agreement is entered into between the City of Iowa City, Iowa, a municipal
corporation ("City") and Oakes Construction Company, an Iowa corporation ("Oakes
Construction").
WHEREAS, Oakes Construction is the owner of a 1.69 acre parcel of land located
at the southeast corner of the intersection of Kirkwood Avenue and Marcy Street
in Iowa City, Iowa; and
WHEREAS, Oakes Construction has requested approved of an amendment to the
Preliminary Planned Development Housing (PDH) Plan, in order to develop the
Property for a seven -unit condominium known as Summit Place (hereafter "Project
Site"); and
WHEREAS, the Project Site is an historically significant area, and is located
in close proximity to the Summit Street Historic Preservation District; and
WHEREAS, the surrounding neighborhood has requested that the owner of the Project
Site dedicate certain portions of the property to the public, in order to inform
the citizenry as to the historic value of the Project Site; and
WHEREAS, after public hearing, the Iowa City Planning and Zoning Commission
("Commission") recommended approval of the Amended Plan, subject to an ancillary
agreement addressing these historic concerns; and
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WHEREAS, Oakes Construction has agreed to certain of these requests, to be
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memorialized herein and become part of the Amended Preliminary PDH Plan.
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NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Oakes Construction Company is the owner of a 1.69 acre parcel of land
located at the intersection of Kirkwood Avenue and Marcy Street in Iowa
City, Iowa, known as 925 Kirkwood and presently zoned PDH -5, with a PDH
overlay pursuant to Section 36-47, Iowa City Code of Ordinances.
2. Oakes Construction has requested and received approval from the Commission
of an Amendment to the previously approved Preliminary PDH Plan, to be
known as Summit Place subject to the inclusion of certain conditions
noted herein.
3. Parties agree this Ancillary Agreement does not constitute a conditional
zoning agreement under Chapter 414, Iowa Code, and is being entered into
herein for a legitimate, mutually beneficial public purpose to educate the
citizenry of Iowa City, Iowa on.the historically significant area of the
Project Site along Kirkwood Avenue.
4. To this end, Oakes Construction agrees to construct the mounting for
Placement of a Plaque on the Project Site, to be dedicated to the public,
In order to inform the citizenry of Iowa City, Iowa of the historic value
of the Project Site.
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5. Parties agree the design, content and placement of the Plaque will be
referred to the Iowa City Historic Preservation Commission for review,
concurrence and approval.
6. Parties agree funding for the Plaque will be privately provided and will
not obligate the City in any way. However, Parties further agree this
Ancillary Agreement shall not preclude the City from contributing to such
Plaque fund, if properly requested and granted.
7. Maintenance of the plaque, after mounting, shall be the responsibility of
the City.
8. Oakes Construction further agrees to grant a permanent easement to the City
of Iowa City for use of a portion of the Project Site, the location of
which easement shall be as close to the sidewalk fronting Kirkwood Avenue
as possible. Parties further agree the easement location will be
designated originally by Oakes Construction, subject to the approval of
the City. Parties further agree that use of this perpetual easement will
be for placement and use of a City park bench, and that the easement and
bench shall be for the purpose of informing the public of the Project Site
as an historically significant area, and will be dedicated to the public's
use and enjoyment.
9. City agrees to provide the park bench for placement on the permanent
easement, and that the bench area and easement will thereafter be
maintained by the Iowa City Parks and Recreation Department.
Cl
10. Parties agree that this Ancillary Agreement shall inure to the benefit of
the Parties' successors in interest and assigns, and that this Agreement
shall be deemed a covenant running with the land, to be recorded in the
Johnson County Recorder's Office.
11. Parties each agree to hold the other Party harmless from the negligent act
and omissions of their own representatives, agents, assigns, employees
and/or officials. Parties further agree they shall assume responsibility
for their own employees', officials', agents', representatives' and
assigns' negligence.
12. Parties further agree that the mutual covenants and promises herein shall
constitute consideration for this Agreement; that no new class of third -
party beneficiaries are hereby created; and that this writing shall
constitute the entire Agreement, subject to the subsequent satisfaction
of the terms and conditions herein, inter alia, of construction of the
Plaque mounting, granting of a perpetual easement, and placement of the
park bench.
Dated this day of May, 1989.
CITY OF IOWA CITY
By:
Mayor
ATTEST:
City Clerk
OAKES CONSTRUCTION COMPANY
By:
Dean G. Oakes, President
By:
Evelyn M. Oakes, Secretary
C �eP�,cVI TO F01M
LEGAL DEPARTMENT �✓
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of 19 before me,
a Notary Public in and for the State of
Iowa
personally appeared John McDonald and Marian K. Karr, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of thecorporation, by authority of
its City Council, as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No.
of the City Council on theday of
19 , and that John McDonald and Marian K. Karr acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of A.D. 19 before me,
the .undersigned, a Notary Public in and for the State of Iowa, personally
appeared and to me personally
known, who, being by me duly sworn, did say that they are the
and , respectively, of said
corporation executing the within and foregoing instrument to which this is
attached, that (no seal has been procured by the said) corporation; that said
instrument was signed (and sealed) on behalf of (the seal affixed thereto is the
seal of said) said corporation by authority of its Board of Directors; and that
the said and as such
officers acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said County and State
fp
ORDINANCE NO.
ORDINANCE APPROVING THE AMENDED PRELIMINARY
PLANNED DEVELOPMENT HOUSING (PDH) PLAN FOR
SUMMIT PLACE LOCATED AT THE SOUTHEAST CORNER
OF THE INTERSECTION OF IdRKWOOD AVENUE AND
MARCY STREET, IOWA CITY, IOWA.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT:
SECTION 1. APPROVAL Subject to the terms and conditionsFIFO attached anc
illary Agreement,ment, the Amended Preliminary
PDH Plan for Summit Place, and legally described in
Attachment A, is hereby approved. The Amended Plan Is
approved under the present PDH -5 zoning classification of the
property.
SECTION Il. VARIATIONS. Section 36-47(a) of the Zoning
Ordinance permits flexibility in the use and development of
structures and land where such variations from the
conventional requirements of the underlying zone will not be
contrary to the purpose and Intent of the Zoning Ordinance,
not be inconsistent with the Comprehensive Plan, nor be
harmful to the neighborhood In which located. The following
variations are found to be consistent with these standards and
are approved as a part of this Plan. The variations Permit:
A. Seven (7) condominium units arranged in three (3) unit
and four (4) unit dwellings. The dwellings are located
on the portions of the site more suitable for
development, which results In conservation of open
Space and preservation of existing tree stock. Various
methods have been employed to Integrate the project
Into the neighborhood, and Includes fences of a
residential scale and design; vegetative screening;
preservation of existing mature tree stock; and
Incorporating a staggered design of the four (4) unit
dwelling oriented onto Marcy Street to soften the visual
effect of the dwelling.
B. Restoration of the existing brick and Iron fence on
IOrkwood Avenue and construction of a similar brick
and Iron fence on Marcy SlreeL Both fences will not
exceed a height of seven (7) feel, and are permitted to
be located on the rightsofway line of IOrkwood
Avenue and Marcy Street. The proposed design will
not impair visibility of traffic approaching the Ierkwood
Avenue/Marcy Street Intersection, nor the visibility of the
sidewalk for traffic entering or leaving the development
via the private drive on Marcy Street. Retention of the
brick and Iron fence Is favored by adjoining property
owners, and will lessen the Impact of the proposed
development on the surrounding neighborhood
C. Reduction of pavement width and design standard from
a 2840011 wide curb and gutter public street to a 22.
foot wide non -curb and gutter private drive. The
reduced pavement width and design standard allows
for the safe and efficient movement of traffic within this
small, non -through street development. The width and
alignment of the drive Is intended to minimize the toss
of existing on -she tree stock without sacrificing traffic
safety, With the three (3) unit dwelling equipped with
a fire sprinkling system, the width and design of the
private drive is adequate for emergency vehicle access.
ZQ�,'6 _Y3 °1f/1.
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Ordinance No,
Page 2
D. No Internal sidewalks. Due to the small scale of this
development and its compact arrangement, sidewalks
are not regarded as necessary. The limited amount of
traffic antkipated on the private drive, on which no
parking Is permitted, together with the availability and
accessibility of common open space within the
development, may serve as alternatives to the use of
sidewalks, Sidewalks presently exist adjacent to the
development within the IOrkwood Avenue/Marcy Street
fight -of -way.
SECTION Ill. AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conftk.Y wah the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY.. If any section, provision or part
of the Ordinance Shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
., thereof not adjudged Invalid or unconstitutional.
SECTION %n, EFFECTIVE DATE. This Ordinance shall be in
affect after its final passage, approval and publication as
required by law, and shall be recorded In the Johnson County
Recorder's Office.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved �aass-,ttooForm
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Ordinance No,
Page 2
D. No Internal sidewalks. Due to the small scale of this
development and its compact arrangement, sidewalks
are not regarded as necessary. The limited amount of
traffic antkipated on the private drive, on which no
parking Is permitted, together with the availability and
accessibility of common open space within the
development, may serve as alternatives to the use of
sidewalks, Sidewalks presently exist adjacent to the
development within the IOrkwood Avenue/Marcy Street
fight -of -way.
SECTION Ill. AGREEMENT. The Mayor is hereby authorized
and directed to sign, and the City Clerk to attest, the attached
Agreement.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conftk.Y wah the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY.. If any section, provision or part
of the Ordinance Shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
., thereof not adjudged Invalid or unconstitutional.
SECTION %n, EFFECTIVE DATE. This Ordinance shall be in
affect after its final passage, approval and publication as
required by law, and shall be recorded In the Johnson County
Recorder's Office.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved �aass-,ttooForm
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ATTACHMENT A
LEGAL DESCRIPTION
Beginning at a found pin at the intersection of the South line of Kirkwood
Avenue, and the East Line of Marcy Street in Iowa City, Iowa, which is the
Northwest Corner of Lot 5, as Recorded in Plat Book 2, Page 36, Johnson
County Recorder's Office, Johnson County, Iowa; Thence N90000'00"E, (An
Assumed Bearing for the purpose of this Description) along the South Line
of said Kirkwood Avenue, 246.01 feet, to the East face of a Brick Column;
Thence S1°45'11"W, parallel with said Marcy Street, 463.05 feet to a found
Pipe; Thence N90000'00"W, 39.34 feet to a found pin; Thence N2024'00"E,
28.95 feet; Thence N90000'00"W, 17.00 feet; Thence N1045'11"E, 120.00 feet;
Thence N90000100"W, 90.00 feet; Thence N1°45'11"E, 120.50 feet; Thence
N9000010011W, 100.00 feet to a found Pipe on the East Line of said Marcy Street;
Thence N1045111"E, along the East Line of said Marcy Street, 193.61 feet to
the Point of Beginning. Said tract of land contains 1.68 acres more or less,
and subject to easements and restrictions of record.
J-
ANCILLARY AGREEMENT - SUMMIT PLACE DRAFT
This Agreement is entered into between the City of Iowa City, Iowa, a municipal
corporation ("City",) and Oakes Construction Company, an Iowa corporation ('bakes
Construction").
WHEREAS, Oakes Construction is the owner of a 1.69 acre parcel of land located
at the southeast corner of the intersection of Kirkwood Avenue and Marcy Street
in Iowa City, Iowa; and
WHEREAS, Oakes Construction has requested approved of an amendment to the
Preliminary Planned Development Housing (PDH) Plan, in order to develop the
property for a seven -unit condominium known as Summit Place (hereafter "Project
Site"); and
WHEREAS, the Project Site is an historically significant area, and is located
in close proximity to the Summit Street Historic Preservation District; and
WHEREAS, the surrounding neighborhood has requested that the owner of the Project
Site dedicate certain portions of the property to the public, in order to inform
the citizenry as to the historic value of the Project Site; and
WHEREAS, after public hearing, the Iowa City Planning and Zoning Commission
("Commission") recommended approval of the Amended Plan, subject to an ancillary
agreement addressing these historic concerns; and
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WHEREAS, Oakes Construction has agreed to certain of these requests, to be
memorialized herein and became part of the Amended Preliminary PDH Plan.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Oakes Construction Company is the owner of a 1.69 acre parcel of land
located at the intersection of Kirkwood Avenue and Marcy Street in Iowa
City, Iowa, known as 925 Kirkwood and presently zoned PDH -5, with a PDH
overlay pursuant to Section 36-47, Iowa City Code of Ordinances.
I
2. Oakes Construction has requested and received approval from the Commission
of an Amendment to the previously approved Preliminary PDH Plan, to be
known as Summit Place subject to the inclusion of certain conditions -
noted herein.
3. Parties agree this Ancillary Agreement does not constitute a conditional
zoning agreement under Chapter 414, Iowa Code, and is being entered into
herein for a legitimate, mutually beneficial public purpose to educate the
citizenry of Iowa City, Iowa on the historically significant area of the j
Project Site along Kirkwood Avenue. j
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4. To this end, Oakes Construction agrees to construct the mounting for
placement of a Plaque on the Project Site, to be dedicated to the public, -
in order to inform the citizenry of Iowa City, Iowa of the historic value
of the Project Site.
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5. Parties agree the design, content and placement of the Plaque will be
referred to the Iowa City Historic Preservation Commission for review,
concurrence and approval.
6. Parties agree funding for the Plaque will be privately provided and will
not obligate the City in any way. However, Parties further agree this
Ancillary Agreement shall not preclude the City from contributing to such
Plaque fund, if properly requested and granted.
7. Maintenance of the plaque, after mounting, shall be the responsibility of
the City.
8. Oakes Construction further agrees to grant a permanent easement to the City
Of Iowa City for use of a portion of the Project Site, the location of
which easement shall be as close to the sidewalk fronting Kirkwood Avenue
as possible. Parties further agree the easement location will be
designated originally by Oakes Construction, subject to the approval of
the City. Parties further agree that use of this perpetual easement will
be for placement and use of a City park bench, and that the easement and
bench shall be for the purpose of informing the public of the Project Site
as an historically significant area, and will be dedicated to the public's
use and enjoyment.
g. City agrees to provide the park bench for placement on the permanent
easement, and that the bench area and easement will thereafter be
maintained by the Iowa City Parks and Recreation Department.
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5. Parties agree the design, content and placement of the Plaque will be
referred to the Iowa City Historic Preservation Commission for review,
concurrence and approval.
6. Parties agree funding for the Plaque will be privately provided and will
not obligate the City in any way. However, Parties further agree this
Ancillary Agreement shall not preclude the City from contributing to such
Plaque fund, if properly requested and granted.
7. Maintenance of the plaque, after mounting, shall be the responsibility of
the City.
8. Oakes Construction further agrees to grant a permanent easement to the City
Of Iowa City for use of a portion of the Project Site, the location of
which easement shall be as close to the sidewalk fronting Kirkwood Avenue
as possible. Parties further agree the easement location will be
designated originally by Oakes Construction, subject to the approval of
the City. Parties further agree that use of this perpetual easement will
be for placement and use of a City park bench, and that the easement and
bench shall be for the purpose of informing the public of the Project Site
as an historically significant area, and will be dedicated to the public's
use and enjoyment.
g. City agrees to provide the park bench for placement on the permanent
easement, and that the bench area and easement will thereafter be
maintained by the Iowa City Parks and Recreation Department.
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10. Parties agree that this Ancillary Agreement shall inure to the benefit of
the Parties' successors in interest and assigns, and that this Agreement
shall be deemed a covenant running with the land, to be recorded in the
Johnson County Recorder's Office.
11. Parties each agree to hold the other Party harmless from the negligent act
and omissions of their own representatives, agents, assigns, employees
and/or officials. Parties further agree they shall assume responsibility
for their own employees', officials', agents', representatives' and
assigns' negligence.
12. Parties further agree that the mutual covenants and promises herein shall
constitute consideration for this Agreement; that no new class of third -
party beneficiaries are hereby created; and that this writing shall
constitute the entire Agreement, subject to the subsequent satisfaction
of the terms and conditions herein, inter alia, of construction of the
Plaque mounting, granting of a perpetual easement, and placement of the
park bench.
Dated this day of May, 1989.
CITY OF IOWA CITY
By:
Mayor
OAKES CONSTRUCTION COMPANY
By:
Dean G. Oakes, President
i
ATTEST: By
City Clerk Evelyn M. Oakes, Secretary
RPROV TO
LEGAL DEPARTMENT 4P %
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STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day of 19 before me,
a Notary Public in and for the State of
Iowa, personally appeared John McDonald and Marian K. Karr, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of
its City Council, as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under RoTT Call No.
of the City Council on the day of
19 , and that John McDonald and Marian K. Karr acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
i
Notary Public to and for the State of Iowa
STATE OF IOWA )
SS:
JOHNSON COUNTY
I
On this day of A.D. 19 before me, II
the undersigned, -a Notary Public in and for the State of Iowa, personally
appeared and , to me personally �I
known, who, being by me duly sworn, did say that they are the
and respectively, of said
corporation executing the within and foregoing instrument to which this is
attached, that (no seal has been procured by the said) corporation; that said
instrument was signed (and sealed) on behalf of (the seal affixed thereto is the
seal of said) said corporation by authority of its Board of Directors; and that
the said and as such
officers acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said County and State
i
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ORDINANCE NO. '
AN ORDINANCE TO ZONE A PORTION OF THE VACATED
HOLLYWOOD BOULEVARD RIGHT-OF-WAY TO
COMMERCIAL OFFICE, CO -1.
WHEREAS, a portion of the Hollywood Boulevard right-of-
way was vacated in 1986; and
WHEREAS, this vacated right-of-way Is not needed for any
public purpose; and
.. WHEREAS, the City of Iowa City has agreed to convey this
right-of-way to Southgate Development Company, a private
corporation; and
WHEREAS, the property must be zoned when owned by a
i private entity; and
":..... WHEREAS, the Commercial Office zone Is the most
appropriate zone category based on compatibility with
surrounding uses and zoning; and
WHEREAS, it is In the public Interest to Insure that any
commercial development of this vacated right-of-way does not
result in commercial traffic filtering through the residential area
east of the she.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CIN, IOWA:
.... SECTION 1. ZONING AGREEMENT:
That the City of Iowa City hereby zones to CO -1
- (Commercial Office) the parcel of land legally described as
follows:
- .Beginning atthe northeast corner of Block 2,
Braverman Center, Iowa City, Iowa, as recorded In Plat
Book 7, Page 20 at the Johnson County Recorder's.
Office, which point lies S89°52'40'E, 661.9 feet and
SO -26'20-W, 377.2feel from the northwest comer of
Section 23, Township 79 North, Range 6 West, of the
51h Principal Meridian; thence SO.26'2D W, 149.16 feet
along the east line of said Block 2; thence
northwesterly, 128.02 feet along a 330.00 loot radius
curve concave northeasterly, which chord bears
N50.4'421W, 127.21 feet; thence N38 -57'54W, 123.89
fact; thence northwesterly, 136.51 feet along a 270.00
foot radius curve concave southwesterly which chord
bears N53°26'57°W,.135.06 feet to the northerly line of
sold Block 2; thence S67.56'00'E, 108.38 feet along
said northerly line of Block 2; thence southeasterly,
.196.95 feet along a 3,015.00 foot radius curve concave
northeasterly to the Point of Beginning;
and that this zoning Is with the condition that any commercial
office development constructed on the she will have access
only from Broadway Street as agreed to by the owner of the
property In the Conditional Zoning Agreement, Exhibit A, which
Is attached hereto and made a pan of this Ordinance by
reference.
SECTION II. ZONING MAP: The Building Inspector is hereby
authorized and directed to change the zoning map of the City
of Iowa City, Iowa, to conform to this ordinance upon Its final
passage, approval and publication.
IfGS '
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT: The
Mayor is
hereby authorized and directed to sign, and the City
Clerk to attest, the Cond'nlonal Zoning Agreement, attached
hereto as Exhibit A. The City Clerk is authorized to record
said Agreement and the Ordinance in the office of the
Johnson County Recorder.
SECTION IV. REPEALER: All ordinances and pans of
ordinances In conflict, with the provisions of this Ordinance are
hereby repealed.
SECTION V. SEVERABILITY: II any section, provision or part
of the Or
shall be adjudged to be Invalid or
unconstitutional, such adjudication shall not affect the validity
of the Ordinance as a whole or any section, provision or part
- thereof not adjudged Invalid or unconstitutional
SECTION VI, EFFECTIVE DATE: This Ordinance shall be In
effect after its final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CRY CLERK
. Approved as to Form
Le al Department
3 // �9
00S
It
.gip....:..-.:
!I
It was moved by and seconded by that
the Ordinance as rea ebb ado and upon roll call t ere w�i ere:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
First Consideration
Vote for passage:
Second Consideration
Vote for passage:
Date published
EXHIBIT A
CONDITIONAL ZONING AGREEMENT
This Agreement is entered into by and between Southgate Development Company
("Southgate") and the City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, Southgate has acquired a portion of the vacated Hollywood Boulevard
right-of-way between Taylor Drive and Broadway Street, legally described in
Exhibit B attached hereto and incorporated herein by reference; and
WHEREAS, private ownership of this parcel requires the parcel to be zoned and
commercial office, CO -1, zoning is sought for this parcel; and
WHEREAS, this parcel is at the boundary between two different uses, commercial
and residential; and
WHEREAS, it is in the public interest to lessen the impacts of commercial
development on the use and enjoyment of residential properties, particularly as
those impacts relate to traffic; and
WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable
conditions on the zoning of property in order to satisfy public needs directly
caused by the zoning requested; and
WHEREAS, Southgate acknowledges that certain conditions are appropriate to lessen
the impact of the commercial zoning of the subject property on the residential
properties on Hollywood Boulevard.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. That any commercial office development constructed or established on the
property described in Exhibit B attached hereto shall have access only from
Broadway Street.
2. Nothing in this Agreement shall be construed to relieve Southgate from
complying with all applicable local and state regulations, and Southgate
acknowledges this obligation.
3. Parties agree that this Conditional Zoning Agreement shall be deemed a
covenant running with the land and shall enure to the benefit of all
successors and assigns of the property being zoned herein. Parties further
agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance zoning the described property; and that upon
adoption and publication of the Ordinance, that this Conditional Zoning
Agreement shall be recorded in the Johnson County Recorder's Office and
shall constitute notice to the public of the above restrictions.
Dated this day of 1989.
I
z
CITY OF IOWA CITY
By:
Mayor
ATTEST:
Marian K. Karr, City Clerk
STATk OF IOWA )
) SS:
JOHNSON UNTY )
By:
ATTEST
u
COMPANY
On this day of , 1989, before me,
a Notary Public in and for the State of
Iowa, personally a eared John McDonald and Marian K. Karr, to me personally
known, and, who, being me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of a City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is he corporate seal of the corporation, and that the
instrument was signed and sea d on behalf of the corporation, by authority of
its City Council, as contained 'n (Ordinance) (Resolution) No.
passed (the Resolution adopted) the City Council, under Roll Call No.
of the City Council on th day of
19 and that John McDonald and Mar' n K. Karr acknowledged the execution
of the instrument to be their voluntary ac nd deed and the voluntary act and
deed of the corporation, by it voluntarily ex uted.
Y� '•t w FAY PHELPS
STATE OF IOWA )
SS:
JOHNSON COUNTY )
Y Pull/ic in
On this day of , 1989, before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
Myles Braverman, to me personally known, who being by me duly sworn, did say that
he is the President of Southgate Development Company executing the within and
foregoing instrument to which this is attached; that said instrument was signed
and sealed on behalf of said corporation by authority of its Board of Directors;
and that the said President as such officer acknowledged the execution of said
instrument to be a voluntary act and deed of said corporation, by it and by them
voluntarily executed.
¢••"•� FAY PHELPS �--
Notar Publi in and for the State of Iowa
APIPRWELD fig TO FOR
LEGAL DEPARTMENT Q
■
3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of 1989, before me,
, a Notary Public in and for the State of
Iowa, personally appeared John McDonald and Marian K. Karr, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of
its City Council, as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No.
of the City Council on the day of ,
19 and that John McDonald and Marian K. Karr acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
Exhibit 8
A Parcel of land located within Block 2, Braverman Center, Iowa City, Iowa, as
recorded in Plat Book 7, Page 20, at the Johnson County Recorder's Office, more
particularly described as follows:
Beginning at the northeast corner of said Block 2 which point lies S 89052140"
E, 661.9 feet and S00026'20" W, 377.2 feet from the northwest corner of Section
e
23, T79N, R6W, of the 5th P.M.; thence S 00026'20" W, 149.16 feet along the east
linof said Block 2; thence Northwesterly 128.02 feet along a 330.00 foot radius
" W, 127.21 feet; thence
N 38057'54" W, 123.89 feet; thence northwesterly, 136.51 feet along a 270.00 foot
curve concave northeasterly, which chord bears N 50004142
radius curve concave southwesterly which chord bears N 53026'57" W, 135.06 feet
to the northerly line of said Block 2; thence S 67056'00" E, 108.38 feet along
said northerly line of Block 2; thence Southeasterly, 196.95 feet along a
3,015.00 foot radius curve concave northeasterly to the Point of Beginning; this
parcel contains 20,246 square feet or 0.46 acres, more or less.
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EXHIBIT A DRAFT
CONDITIONAL ZONING AGREEMENT �+
This Agreement is entered into by and between Southgate Development Company
("Southgate") and the City of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, Southgate has acquired a portion of the vacated Hollywood Boulevard
right-of-way between Taylor Drive and Broadway Street, legally described in
Exhibit B attached h reto and incorporated herein by reference; and
WHEREAS, private owne hip of this parcel requires the pa cel to be zoned and
commercial office, CO -1 zoning is sought for this parce ; and
WHEREAS, this parcel is a the boundary between two d' ferent uses, commercial
and residential; and
WHEREAS, it is in the public interest to less the impacts of commercial
development on the use and en oyment of residential properties, particularly as
those impacts relate to traff c; and
WHEREAS, Iowa law provides tha the City f Iowa City may impose reasonable
conditions on the zoning of pro erty in o der to satisfy public needs directly
caused by the zoning requested; nd
WHEREAS, Southgate acknowledges th t c tain conditions are appropriate to lessen
the impact of the commercial zonin f the subject property on the residential
properties on Hollywood Boulevard.
THEREFORE, THE PARTIES AGREE AS LL WS:
1. That any commercial offi a deve opment constructed or established on the
property described in E ibit Ba tached hereto shall have access only from
Broadway Street.
2. Nothing in this Ag r ement shall b construed to relieve Southgate from
complying with all applicable local and state regulations, and Southgate
acknowledges this obligation.
3. Parties agree t at this Conditional \hll
ng Agreement shall be deemed a
covenant runn'-tg with the land and senure to the benefit of all
successors an assigns of the property g zoned herein. Parties further
agree that his Conditional Zoning Agreement shall be incorporated by
reference i to the Ordinance zoning the described property; and that upon
adoption d publication of the Ordinance, that this Conditional Zoning
Agreemen shall be recorded in the Johnson County Recorder's Office and
shallco stitute notice to the public of the above restrictions.
Dated this day of , 1989.
By:
Mayor
ATTEST:
CITY OF IOWA CITY
A
STATE OF IOWA )
JOHNSON COUNTY SS:
On this day of
Iowa, personally appeared John I
known, and, who, being by me duly w
Clerk, respectively, of the City
the foregoing instrument is the cor
instrument was signed and sealed on
its City Council, as contained in
Passed (the Resolution adopted) t
of the City Council an
19 , and that John McDonald an
of the instrument to be their vol
uq
deed of the corporation, by it voyb
z
SOUTHGATE DEVELOPMENT COMPANY
By:
Myles Braverman, President
ATTEST:
randd, 1989, before me,
eed
ar Public in and for the State of
d arian K. Karr, to me personally
ay that they are the Mayor and City
ity, Iowa; that the seal affixed to
eal of the corporation, and that the
of the corporation, by authority of
nce) (Resolution) No.
ity Council, under Roll Call No.
day of
K. Karr acknowledged the execution
and deed and the voluntary act and
executed.
/Southgate
ucar ruDnc in a d fo
STATE OF IOWA )
)
JOHNSON COUNTY )
On this of
undersigned, a Nblic in and for the Sta
Myles Braverman, rsonally known, who bein
he is the Presidouthgate Development Co
foregoing instrumhich this is attached; 1
and sealed on behaid corporation by autho
and that the saidnt as such officer ackn
instrument to beary act and deed of said
voluntarily execu
1989, before me, the
of Iowa, personally appeared
by me duly sworn, did say that
)any executing the within and
�.t said instrument was signed
y of its Board of Directors;
vlTdged the execution of said
orporation, by it and by them
Notary Public in and for the State of Iowa
CP�ROVF�D 6 TU FOFtyir'
LEGAL DEPARTMENT'
Oros
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Exhibit B
A Parcel of land located within Blo k 2, Braverman Center, Iowa City, Iowa, as
recorded in Plat Book 7, Page 20, at the Johnson County Recorder's Office, more
particularly described as follows:
Beginning at the northeast corner ofid Block 2 which poy t lies S 89052'40"
E, 661.9 feet and SOOo26'20" W, 377.2 et from the no rthV6st corner of Section
23, T79N, R6W, of the 5th P.M.; thence S 00026'20"feet W, 146 feet along the east
line of said Block 2; thence Northwesterl 128.02 along a 330.00 foot radius
curve concave northeasterly, which chord b ars N SOo04'42" W, 127.21 feet; thence
N 38oS7'54" W, 123.89 feet; thence northwe_ erly, 1361 feet along a 270.00 foot
radius curve concave southwesterly which c ord bears N 53026'57" W, 135.06 feet
to the northerly line of said Block 2; the ce S 67056'00" E, 108.38 feet along
said northerly line of Block 2; thence S utheasterly, 196.95 feet along a
3,015.00 foot radius curve concave northeast ply to the Point of Beginning; this
parcel contains 20,246 square feet or 0.46 res, more or less.
STAFF REPORT
To: Planning and Zoning Commission
Item: Z-8905. Vacated Hollywood Blvd.
Right -of -Way.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
File date:
Prepared by: Karin Franklin
Date: March 16, 1989
City of Iowa City
Zone vacated right-of-way to CO -1.
To permit private development as a commercial
office use.
Between Broadway and Taylor Drive, south of
the Highway 6 right-of-way, Immediately west
of the terminus of Hollywood Boulevard.
20,246 sq, ft. or .46 acres.
Residential; 25+ dwelling units/acre
Undeveloped; unzoned right-of-way.
North - Highway 6 right-of-way.
East - Multi -family residential, single-family
residential; RS -12.
South - Office parking lot, Multi -family
residential; CO -1, RM -44.
West - Office; CO -1.
March 6, 1989.
45 -day limitation period: April 21, 1989.
ANALYSIS:
The parcel for which this rezoning is requested Is part of a land exchange between Southgate
Development Company and the City to facilitate development of a neighborhood center on
Broadway Street. The vacated Hollywood Boulevard right-of-way will be used to expand the
parking area for the office building at 1902 Broadway and for parking for the Coronet
Apartments. The less than half acre parcel could be developed for a small office use under
the CO -1, Commercial Office, zoning requested,
The Comprehensive Plan shows this general area east of Broadway Street as high density
multi -family residential and west of Broadway Street as general commercial. Zoning in the
Immediate area of the parcel in question (CO -1 and RS -12) reflects, for the most part, uses
which existed at the time of the comprehensive zoning change in 1983. The half acre parcel
should be zoned to provide compatibility with existing uses. Since this parcel is at the
l,.
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STAFF REPORT
To: Planning and Zoning Commission
Item: Z-8905. Vacated Hollywood Blvd.
Right -of -Way.
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
File date:
Prepared by: Karin Franklin
Date: March 16, 1989
City of Iowa City
Zone vacated right-of-way to CO -1.
To permit private development as a commercial
office use.
Between Broadway and Taylor Drive, south of
the Highway 6 right-of-way, Immediately west
of the terminus of Hollywood Boulevard.
20,246 sq, ft. or .46 acres.
Residential; 25+ dwelling units/acre
Undeveloped; unzoned right-of-way.
North - Highway 6 right-of-way.
East - Multi -family residential, single-family
residential; RS -12.
South - Office parking lot, Multi -family
residential; CO -1, RM -44.
West - Office; CO -1.
March 6, 1989.
45 -day limitation period: April 21, 1989.
ANALYSIS:
The parcel for which this rezoning is requested Is part of a land exchange between Southgate
Development Company and the City to facilitate development of a neighborhood center on
Broadway Street. The vacated Hollywood Boulevard right-of-way will be used to expand the
parking area for the office building at 1902 Broadway and for parking for the Coronet
Apartments. The less than half acre parcel could be developed for a small office use under
the CO -1, Commercial Office, zoning requested,
The Comprehensive Plan shows this general area east of Broadway Street as high density
multi -family residential and west of Broadway Street as general commercial. Zoning in the
Immediate area of the parcel in question (CO -1 and RS -12) reflects, for the most part, uses
which existed at the time of the comprehensive zoning change in 1983. The half acre parcel
should be zoned to provide compatibility with existing uses. Since this parcel is at the
l,.
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Page 2
boundary of land use designations shown on the Plan map and the parcel under consideration
is small, a mayor land use policy shift is not contemplated. Therefore, a plan amendment is
not required.
The Commission discussed the appropriate zoning of this site in May, 1987, at the time the
City first contemplated marketing the parcel. The recommendation of the Commission from
May 21, 1987 and a staff memo dated May 1, 1987 are attached. Rough drafts of the informal
discussion of May 4 and May 18, 1987, are also attached for background. The consensus at
the time was to rezone the parcel either RM -12 or CO -1, depending upon the potential buyer;
to condition any CO -1 zoning so as not to adversely effect existing residential development;
to restrict CO -1 access to Broadway; and to control for cross -traffic movement between
Hollywood Boulevard and Broadway.
STAFF RECOMMENDATION:
Given the previous discussion on this parcel and the fact that the potential buyer contemplates
parking for a commercial office development and for apartments on this site, the staff
recommends that the .468 parcel of vacated Hollywood Boulevard right-of-way be conditionally
zoned to CO -1 with a restriction placed on the parcel that redevelopment of the parcel for
commercial office uses would have access limited to Broadway Street.
ATTACHMENTS:
1. Plot plan.
2. P&Z Commission Minute Excerpts - May 4, May 18, and May 21, 1987.
3. Staff Memo - May 1, 1987.
Approved by:
onald Schmeiser, Director
Department of Planning and
Program Development
;V `
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15 14 S89°52'40"E 661.9' 7LE9111�=100
22 23-'saroHollywood
'^ Blvd. R.O.H. was vacated
by City Ord. No. 2394,
( S62.dated July 7, 1966-and
/ - 10 S6'Op"£ sold to Southgate
! b� 0'J8' Development Co., Inc. as
recorded to Book 346,
UQ( �`T•° p'J 0 Page 406 at the Johnson
(pA,0p0 ,`•;tl�`" (: J.9 00, County Recorder's Office,
R= 27
L136.0.51dated August 6, 1970.
=
, CH-N53 6-57-111
LC- 135.06' • •8,P.9r .: +.y�?:
Point of Beginning
c Lot 1
� Cy a• 3� .f.. o
Lot 2
v.
e o
60' j
Lot 3
a-
e
LEGAL DESCRIPTION
A Parcel of land located within Block 2, Braverman Center, Iowa City,
Iowa as recorded In Plat Book 7 - Page 20 at the Johnson County
Recorder's Office, more paricularly described as follows:
Beginning at the PIE Corner of said Block 2 which point Iles S89052'40"E,
661.9 feet and S00026'20"W, 377.2 feet from the NW Corner of Section 23,
T7911, R6W; of the 5th P.M.; ,
Thence S00026'20"W, 149.16 feet along the East Line of said Block 2;
Thence Northwesterly, 128.02 feet along a 330.00 foot radius curve concave
Northeasterly, which chord bears 1150004'42"W, 127.21 feet;
Thence 1430°571544, 123.89 feet;
Thence Northwesterly, 136.51 feet along a 270.00 foot radius curve concave
Southwesterly which chord bears N53026'57"W, 135.06 feet to the Northerly
Line of said Block 2;
Thence S61056'00"E, 108.38 feet along said Northerly Line of Block 2;
Thence Southeasterly, 196.95 feet along a 3,015.00 foot radius curve concave
Northeasterly to the Point of Beginning.
This Parcel contains 20,246 square feet or 0,46 acres, more or less.
NOTE: Dimensions shown are those of record and were not field verified.
CITY OF IOWA CITY BOUNDRY DRAWING - HOLLYWOOD BLVD. VACATION
PUBLIC WORKS DEPARTMENT
ENGINEERING OIVIS1011 ORAVERFIA1l CENTER -BLOCK 2
DRAWN BY: SWS APPROVED By:
FKF DATE: APRIL 24, 1987 SCALE: I" - 100'
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MINUTES
FORMAL MEETING
PLANNI`IG i ZONING COMMISSION
MAY 21, 1987 - 7:30 P.M.
PAGE 9
free-standing sign located on a single lot. The 150 foot minimum
distance, as measured along the frontage, would still apply to two
free-standing signs located on a single lot.
Clark moved to approve the proposed amendments. The motion was sec-
onded by Wallace. The motion carried, 6-0.
OTHER BUSINESS:
✓ 1. Public discussion of potential zoning on a portion of vacated Holly-
wood Boulevard east of Broadway Street.
Moen stated that the May 7 memo from Franklin states that the vacated
portion is to be offered for sale by the City. Moen stated that two
zoning designations are feasible; CO -1 which is similar to the zoning
classification of tiie pr'operlleb Suu Lh and webL of the property for
sale, and RM -12, which brings existing adjacent non -conforming four-
plexes to the east into conformity. Depending on the zoning classifi-
cation selected and the development proposed, access would be limited
to either Broadway or Hollywood via Taylor Drive.
Scott stated that zoning of the parcel should take place after or
concurrent with the sale to permit the greatest opportunity for sale,
but with conditions. Scott stated the conditions as: the appropriate
zoning categories are RM -12 or CO -1, or a combination of both, pro-
vided any CO -1 development is conditioned so as not to adversely
affect existing residential development to the east; access to the
CO -1 zoned area be restricted to Broadway; access to Hollywood Boule-
vard/Taylor Drive should be controlled so that cross -traffic from
Broadway through the 1902 Broadway offices parking area is prohib-
ited.
Horowitz moved to recommend that the CO -1 and RN -12 zoning classifica-
tions be supported subject to the conditions outlined by Scott. The
nation was seconded by Dierks. The motion carried, 6-0. 1
2. Scott listed the schedule for the June Council meetings as follows:
Horowitz June 1-2
Scott June 15-16
Dierks June 29-30
3. Planning & Zoning Commission Information
Scott listed the schedule for Commission meetings as follows:
Informal Meetings: Formal Meetings:
June 2 June 4
June 15 June 18
SO
City of Iowa City
MEMORANDUM
DATE: May 1, 1987
TO: Planning and Zoning Commission
FROM: Karin Franklin, Senior Planne
RE: A portion of Hollywood Boulevard
The City is contemplating the sale of a portion of the
Hollywood Boulevard right-of-way which was vacated in
connection with the construction of the Broadway/Highway
6 intersection. Before acquiring an appraisal and solic-
iting bids on this parcel, the staff would like informal
approval of possible designations for the site. A copy
of a plat of the site and a location map are attached.
The zoning categories abutting the site are RS -12 to the
east, RM -44 to the south and CO -1 to the west. A non-
conforming fourplex abuts the property on the east, multi-
family structures are to the south, and an office building
is to the west. Access to the parcel, if purchased by
anyone other than the office building owners to the west,
would be from Hollywood Boulevard off Taylor Drive.
Drawings of development possibilities for the site will
be presented to the Commis^ion Monday evening. The Zoning
categories the staff would like the Commission to consider
are RM -12 and CO -1. RM -12 would permit development of a
fourplex and could be used to bring the existing fourplex
into compliance. CO -1 would permit use of the property
by the existing office building for parking or by another
individual for a new comn,arcial establishment such as a
laundromat or a daycare center. The staff would suggest
that the Commission concur on whether either or both of
the zoning categories would be appropriate and that the
parcel be marketed subject to one of these zones being
put in place.
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PI_AMMING g; ZOMIMG MIMISSIOM
MAY 15, 1997
PAGE 5
rlQt-th of Prairie du Chicn and that the engineorinq =_tiff is
not enciked about the curves and the grade, but that the„
will try to fit in a re=-idential area. Scott stated that a
straight thoroughfare will result in higher coped ia•affic.
Franklin stated that traffic should be constrained by the
curl,ss and the grade. Franklin added that nothing should be
done Until the MaY 21, 1457 formal meeting.
2. Discussion of potential zoninc on a Portion of vacated
Hollywood Boulevard east of Broadway Street.
Franklin stated that the parcel could be obtained at
-£1/sq.ft, and th,,t��,,the total area os 2o.nnn =_q.ft. Franklin
added that t'he„fOaiiing lot could '-- � i �.
r----�_.rith the
purchase of this parcel. Franklin stated that the RM -12
zoning would allow for a single parcel wi,ty}h - 9) building or,
the property with access off HollywoodSVlArranRlin added that
the CO -1 zoning would allow for parking lot development or a
laundromat or daycare center with no access off Hollywood. (/Kcers i/iA
Scott stated that if Southgate buys the parcel and wants to
subdivide it, then the parcel must be rezoned. Franklin
stated that the idea is to get the parcel, on the market with
ideas of the zoning that would be allopied. Franklin added
that a formalized indication is t, -j go to the city council.
Scott stated that what it desired is to sone the west portion
of the parcel CO -1 with access_ restricted to off Broadwa•/,
and the east portion of the parcel tonod RM 12 soith
access restricted to off Hollywood.0160.�in stated that if
the parcel is sold to 1902 Broadway, access is to be
restricted to off Broadway. Scott suggested to conditionally
zone the parcel.
Planning & Zoning Information
Scott stated that the Public Discussion for Items Mot on the
Agenda =should be placed under Commission Information at the
May 21. 1957 formal meeting.
AllJOURMMCMT:
--vet adjourned the meeting at 10;25 F.M.
Mirufes submitted by Linda Barr.
Approved by
Sall____
Dierks, Secretary-----�
Planning & Zoning Commission
Na"., 4, 1587
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Paoe
to at least 61a1 m1t Street in order to Q:Q.d.q
o -
7, Fublic discussion of a proposed amendment to the Le.rge Scale
Non -Residential Development Regulations, Chapter 27,
regarding permitted deviations to app
plans. roved final development
Beagle stated that the LSNRD was approved, settino reasonable
Parameters. Beagle ,further stated that the e::istino plans
were approved under the original plan, with changes not
Possible. Beagle added that the existing plans allow for
minor deviations without an amendment to the Comprehensive
Plan. Beagle then stated that prior to the May 6, 1966, new
ordinance, no lateral deviation=_ greater than shotrn are
allowed. Franklin suggested to vote an the item at the May
7, :987 formal meeting.
E3' Public discussion of proposed ordinances to amend Section
36-62(c)(3)b.2 and 36-62(c)(6)b.2 of the Zoning Ordinance
to allow a monument sign and a free-sianding sign on lots
with a minimum frontace of 160 feet and to eliminate
retention of minimum distances between two monument signs or
between a monument sion and a free-sr.andino sign.
Franklin suggested deferring the item ivitii the May 7, 1987
Formal meeting.
Other Business:
I. Planning & Zoning Information
a. Z-8702. Frankiln stated that lots 4-8 have no plats.
Franklin further stated that Tomlinson and Barrows want
another extension to allow them to go on with the
project. Franklin suggested a vote at the May 7, 1987
formal mestino.
b. Z-8608. Franklin stated that the change involved in the
proposed reaoning is that of one four -plea to two
duple::es. Franklin added that sprinklers will be placed
in the duplexes, that the plan is alright, and that since
the change is niinorr,.too go ahead wi h the re-nnnni_npq
C. n^egardinpl�6wwit-,r ';s=F} """ .,, ��Af�+ A&W
/4 -_T -.H {r rl rl ct l'
ri r.�, '--,_._.,•„•.,�. Frankiin st ai::,yd thek. the r_i l•v may sell
to developers or to rahomever• Franklin further stated
that thrr property nn.rst br, r•r+zoneca and i:!, 'ova Commission
should considermulti-family rsS-i`: do-:ellinc�. with
four-pie;;es eurr•:ntl';r beetnrl a -poi:•-ernFarm::'._ u:/e not
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Zoning Commission
r yav 4. i=57
r aOp b
permitted in the FP1-12 zone. Franklin stated that the
property is west of the 1902 office eiailoina, snd that
the piece can be sold for parking for the building_.
Franklin informed the Commission that the oarkino car the
buiidino would then be brought into comoiiance. Fr �n� kl�+�n���,/�%
added that the if if developed into an office.
access. restriced to Hollvwaod. anklin
discussed the RPI -t2 zone allowing the use`of four-ple:;
multi -family dwellings. Franklin stated that is vrould be
j logical to zone the prooerty commercial office. Franklin
Added that this may not be marketable due `o the limited
occas=_ from Brr.,`dway. Franfain wanr-ed to aaen uo For bids
to oet more moriev from the sale of the orooerty.
I
Franklin stated that 'the bids will be deoendent uoonthe
permitted uses. Cl,..rfe �tntaH that i-h� p-oc7erty si,e_:_ j be
zoned at the highest possible use. Clark added that the
use vas Commercial Drier to zoning. nerovnzz added that
the area should bre kept tidy, not to allow for more
I businessIn the area. Frank'_in stated that the
residential housing mariet is curreni.iy soft, and that
the commercial access is restricted. Franklin added that
the city has received an offer of -$t per scuare fact,
Siders questioned whether the R99-12 :one permits a_.rkina.
-! Franklin stated that d•+f aceta rezones the oroaerty.
vD.i01JRNt9EiJT:
Horowitz moved to adjourn the meetina at 9:06 F.t9. The .nation
was seconded, and carried unanimously.
Minutes submitted by Linda Barr.
Approved by:_
-Secret-------------
Sally Dierks, Secretary
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY GENERALLY LOCATED SOUTH OF HILLTOP
MOBILE HOME PARK AND WEST OF EXISTING
PEPPERWOOD ADDITIONS DEVELOPMENT ON
SANDUSKY AND PEPPER DRIVES EXTENDED FROM
ID -RM TO RS -5.
WHEREAS, the entire parcel described in
detail below is adjacent to properties
zoned RS -5, which have developed for low
density, single-family residential
purposes; and
WHEREAS, the easterly part of this entire
parcel is zoned RS -5, but the remaining
approximately 10 acres on the westerly
Portion of this parcel was zoned RD -RM,
Interim Development Multi -Family
Residential in order to permit development
oflower cost owner -occupied housing
when municipal infrastructure and services
become available; and -
WHEREAS, adjacent property has now
developed for lower cost owner -occupied
housing; and
WHEREAS, the entire parcel described
below is contiguous to existing residential
development and may now be sewered via
extensions of the sewer system serving
existing residential development east of
this parcel; and
WHEREAS, due to physical similarities
between the subject parcel and nearby
development, it is,appropriate to allow the
;entire property to be used for low density,
single-family residential uses, compatible
with surrounding residential development.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF
IOWA: IOWA CITY,
SECTION 1. ZONING AMENDMENT. That the
property described below is hereby zoned
RS -5:
A parcel of land in the SE 1 NE 1,
Section 22, T. 79 N., R. 6 W. of the 5th
P.M., Iowa City, Iowa, described as
follows:
Commencing at a 5/8" rebar marking
the NW corner of Pepperwood Addition,
Part l as recorded in Plat Book 17,
Page 22, Johnson County Recorder's
Office, said point lying N 0.01145"
E - 1205.49 feet and N 89.33'40" W -
944.26 feet of the SE corner of the
W 1 SW 1 NW 1, Section 23;
Ordinance No.
Page 2
thence N 89.33140" - 746.94 feet
along the north line of Pepperwood,
Part 4 as recorded in Plat Book 25,
Page 10, Johnson County Recorder's
Office to the Point of Beginning;
thence S 0.26120" W - 120.00 feet
along the west line of said
Pepperwood, Part 4; thence
southwesterly - along said west line
23.56 feet along a 15 foot radius
curve concave northwesterly which
chord bears S 45°26'20" W - 21.21
feet; thence S 0'26120" W - 66.00
feet along said west line;
thence S 89.33140" E - 15.00 feet
to the northwest corner of
Pepperwood, Part 6 as recorded in
Plat Book 25, Page 10, Johnson County
Recorder's Office; thence S 0.26'20"
W - 60.00 feet along the west line of
said Pepperwood, Part 6; thence S
11.47'29" W - 121.96 feet along said
west line;
thence S 9°15150" W - 80.87 feet
along said line; thence S 0.44'59" E
- 80.87 feet along said west line;
thence S 10.45148" E - 80.87 feet
along said west line; thence S
20.46'37" E - 80.87 feet along said
west line; thence S 30.38'09" E -
80.87 feet along said west line;
thence S 37.33140" E - 152.21 feet
along said west line;
thence S 66.42'01" E - 96.62 feet
along said west line to a point on
the west line of Pepperwood, Part 7
as recorded in Plat Book 25, Page 10,
Johnson County Recorder's Office;
thence S 0.00143" W - 120.00 feet
along said west line; thence N
89.59'17" W - 34.00 feet along said
west line; thence S 0.00143" W -
173.28 feet along said west line to
the southwest corner of said
Pepperwood, Part 7; thence N
89.59'17' W - 990.17 feet; thence N
0.00'43" E - 524 feet;
thence northeasterly 892.41 feet
along a 750 foot radius curve concave
southeasterly which chord bears N
34.05'58" E - 840.69 feet to a point
on the south line of part 3,
Braverman Center as recorded in Plat
Book 7, Page 9, Johnson County
Recorder's Office;
Ordinance No.
Page 3
thence S 89°33140" E - 325.16 feet
along said southline to the Point of
Beginning. Said parcel contains 21.8
acres, more or less.
SECTION II. ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the zoning map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by law.
SECTION III. CERTIFICATION AND RECORDING.
The City Clerk is hereby authorized and
directed to certify a copy of this
Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION V. SEVERABILITY: If any of the
provisions of this Ordinance are for any
reason declared illegal or void, then the
lawful provisions of this Ordinance, which
are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION VI. EFFECTIVE DATE: This
Ordinance shall be in force and effect from
and after its final passage and publication
as by law provided, and shall be recorded
in the Johnson County Recorder's Office.
Passed and approved this
ATTEST:
CITY CLERK
Approved as to Form {
>46& l
Leyal Department
Soy
STAFF REPORT
To: Planning & Zoning Commission
Items: Z-8903 & S-8912.
Pepperwood Addition, Part 8
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
File date:
45 -day limitation period:
Prepared by: Monica Moen
Date: April 6, 1989
Braverman Development, Inc.
325 E. Washington Street
Iowa City, Iowa 52240
Phone: 337-4195
Rezone property from ID -RM to RS -
5 and approve a preliminary
subdivision plat.
To establish an 82 -lot, single-
family residential subdivision.
West of existing Pepperwood
Additions development on Sandusky
Drive extended.
Approximately 22 acres.
Agricultural; RS -5 and ID -RM.
North - Mobile Home Court and
undeveloped; RFBH and
RM -12.
East - Single-family residential;
RS -5.
South - Undeveloped; ID -RS and
ID -RM.
West - Undeveloped; ID -RM.
Short-range: Residential at 2-8
DU/A and Residential at 8-16 DU/A.
Long -Range: Residential.
Zoning Ordinance, Subdivision
Regulations, Stormwater Management
Ordinance.
March 6, 1989.
April 20, 1989.
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STAFF REPORT
To: Planning & Zoning Commission
Items: Z-8903 & S-8912.
Pepperwood Addition, Part 8
GENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable regulations:
File date:
45 -day limitation period:
Prepared by: Monica Moen
Date: April 6, 1989
Braverman Development, Inc.
325 E. Washington Street
Iowa City, Iowa 52240
Phone: 337-4195
Rezone property from ID -RM to RS -
5 and approve a preliminary
subdivision plat.
To establish an 82 -lot, single-
family residential subdivision.
West of existing Pepperwood
Additions development on Sandusky
Drive extended.
Approximately 22 acres.
Agricultural; RS -5 and ID -RM.
North - Mobile Home Court and
undeveloped; RFBH and
RM -12.
East - Single-family residential;
RS -5.
South - Undeveloped; ID -RS and
ID -RM.
West - Undeveloped; ID -RM.
Short-range: Residential at 2-8
DU/A and Residential at 8-16 DU/A.
Long -Range: Residential.
Zoning Ordinance, Subdivision
Regulations, Stormwater Management
Ordinance.
March 6, 1989.
April 20, 1989.
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SPECIAL INFORMATION:
Public utilities:
Public services:
Transportation:
Physical characteristics:
BACKGROUND:
Adequate water and sewer service
are available.
Police and fire protection and
sanitation and transit services are
available.
Access is provided via Keokuk Street
and the extension of Sandusky Drive;
secondary access is available via
Broadway Street -Sandusky Drive -
extension of Pepper Drive to
Sandusky Drive extended.
The site is characterized by
moderate slopes which drain
primarily to the north and east.
The applicant wishes to rezone the westernmost portion of an approximate 22 -acre
tract of land from ID -RM, Interim Development Multi -Family Residential, to RS -
5, Low Density Single -Family Residential. The tract is located immediately west
Of existing Pepperwood Additions development which is zoned RS -5. Due to
difficulty in ascribing the location of the RS -5/I0 -RM zoning boundary in the
field, the applicant is requesting that the entire 22 -acre tract be designated
for RS -5 use. He estimates that about ten acres in the western portion of the
tract are presently zoned ID -RM. The attached location map illustrates the
location of the current RS-5/ID-RM boundary within the 22 -acre parcel.
The applicant also seeks preliminary plat approval for Pepperwood Addition, Part
8, an 82 -lot, single-family residential subdivision proposed on the subject 22 -
acre site. The rezoning request will be considered first in this report.
ANALYSIS:
REZONING REQUEST: ID -RM TO RS -5
Comprehensive Plan: When a new wastewater pollution control plant (WPCP) was
originally proposed in the location immediately east of South Gilbert Street and
south of the corporate limits, the 1983 Comprehensive Plan Update anticipated
that the western portion of the South Area would be developable as a result of
direct tie-in opportunities to an 84 -inch Outfall Trunk Sewer which was designed
to run along South Gilbert Street to the new WPCP. At such time as access to
the new sewer system was possible, the 1983 Plan Update anticipated that the
western portion of the South Area would develop for residential purposes at a
development density of 8-16 dwelling units/acre. According to the Plan, " ..the
slightly higher than single-family housing density takes advantage of the
relative ease of access to the downtown via Gilbert Street and Sand Road and
allows a response to the projected demand for lower cost owner -occupied housing."
(1983 Comprehensive Plan Update, Page S-4.) The land was subsequently zoned ID -
RM, Interim Development Multi -Family Residential to permit higher density
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residential development at such time as municipal services could be extended to
the area.
Since the 1983 Plan Update, the proposed location of the new WPCP has been
shifted south and east of the original location and, without a private commitment
to extend sewer lines into the South Area, development opportunities in the South
Area, particularly along its western boundary, are limited.
Development Sequence: In the accompanying subdivision plat, the applicant
represents that the subject tract is sewerable via extensions of the sewer system
serving existing development east of this tract. Given this parcel's location
contiguous to existing residential development, the extension of municipal
services to the area can be achieved in a manner consistent with the cost
considerations reflected in the City's growth management policy. It is
appropriate, therefore, to remove the Interim Development (ID) designation from
the western portion of this 22 -acre tract of land. It should be noted, however,
that, due to capacity constraints in the trunk sewer system serving the southern
part of Iowa City, any further development west of the proposed subdivision will
be delayed until such time as the proposed wastewater system improvements are
on-line and the capacity of the South Side Trunk Sewer System can be evaluated.
The opportunity to develop land west of the proposed subdivision by tapping into
the South Side Trunk Sewer System will depend on the results of that evaluation.
Land Use Density: The low density, single-family residential (RS -5) zoning
classification sought by the applicant for the westernmost part of the tract
permits residential development at a density slightly less than the development
density recommended by the City's short-range _p Ian. The Comprehensive Plan Maps
outline in a general fashion the location of different land uses. These maps
are interpreted "...with flexibility at the boundaries of the designated uses
to allow appropriate transitions between areas." (1983 Comprehensive Plan
Update, Page 35.)
The characteristics of the western portion of this site are indistinguishable
from the qualities of the remaining part of the tract and of adjacent single-
family residential neighborhoods. There are no features on the site that would
detract from the livability of low density, single-family residences.
With few exceptions, most of the newer housing in the adjoining development are
assessed between $60,000-$90,000, substantially less than the assessed values
of newer housing in other developing parts of the community. Because of physical
similarities between the subject tract and nearby development, it is likely that
the subject site will also develop for less expensive, owner -occupied housing.
This land use would be consistent with the recommendation made by the 1983 Plan
Update for the western part of the South Area to permit development that is
responsive to the projected demand for lower cost owner -occupied housing. The
proposed request to rezone the western portion of the approximate 22 -acre site
under consideration from ID -RM to RS -5, therefore, appears to be consistent with
the land use and development objectives of the 1983 Comprehensive Plan Update
and the proposed 1989 Update of the Plan.
SUBDIVISION PLAT
Zoning Ordinance Compliance: The proposed plan is consistent with the
dimensional requirements of the RS -5, Low -Density Single -Family Residential Zone.
As permitted under Section 36-7(g)(1) of the Special Provisions of the zone, some
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of the proposed lots have less area than the 8,000 square foot minimum required
within this zone. The lots, however, satisfy the dimensional requirements of
this special provision and the number of single-family lots proposed within this
22 -acre development (82 lots) is less than the maximum gross density of 5
dwelling units/acre or 110 dwelling units that this special
permit within this tract. P provision would
Subdivision Regulations Compliance: The proposed subdivision design deviates
from some of the standards and specifications of the City's Subdivision
Regulations. Four of those deviations are discussed in the following analysis.
Minor deficiencies and discrepancies are included in the composite list of plat
deficiencies at the end of the report.
1. Block Length and Width: The Subdivision Regulations require that blocks
be at least 400 feet long and 220 feet wide (Section 32-54(a)(5)). As
illustrated on the subdivision plat, three blocks on the north and east
sides of Sandusky Drive between Keokuk Street and Cherry Avenue measure
between 253 feet and 397 feet in length. Similarly, the width of the block
between Pepper Drive and Chestnut Court narrows to only 115 feet along Birch
Street. Topographic considerations warrant waiving the minimum block length
and width requirements for these four blocks. The proposed street layout
is sensitive to natural features within the development and will permit
street extensions that will minimize the impact on steeper sloped land west
of the subject subdivision. These design variations are not expected to
either inhibit development of lots within the subdivision or interfere with
traffic circulation within or beyond the development. Consideration should,
therefore, be given to waiving the block length and width requirements for
these four blocks.
2. Side Lot Line/Street Line Angles: Section 32-54(a)(10) of the Subdivision
Regulations specify that side lots lines "...shall approximate right angles
to straight street lines and radial angles to curved street lines...".
Approximate right angles" means between 800 and 1000. Because houses are
genstreet, this
that
the side ya ds adjacenrallconstructed t to hhouses arallel oare ethe same width from rfront yardementres to back
yard. Side lot lines which parallel building lines make the location of
shared property lines less ambiguous which results in fewer property line
disputes.
Several lots within the proposed subdivision do not conform with this
requirement. While the applicant has been advised to amend the plat to
conform to this requirement, he maintains the proposed lot configurations
do not conflict with the purpose and intent of the Subdivision Regulations.
The with the
Subdivislio naRegulations resultsoin extraordinary hardship howver, has nt demonstrated that to�the esubdivider
subdivi compliance
sion design inasubstan substantial degradation of natural features. There
is no justification, therefore, in waiving this requirement.
3. Collector Street Extension: Cherry Avenue is expected to function as a
collector street. Collector streets facilitate traffic circulation by
funneling traffic from local streets to other collector or arterial streets.
Provisions should be made, with this subdivision, to permit construction
of Cherry Avenue to collector street standards. The Cherry Avenue spur
Zo
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between Lots 179 and 180 should show a right-of-way width of 66 feet and
a paved surface width of 36 feet.
4. Cul-de-sac Design: The detailed drawing for the two proposed cul-de-sacs
within the subdivision suggests a cul-de-sac design that is not specified
within the Subdivision Regulations. This design, however, permits the paved
surface of the cul-de-sac turnaround to be as wide as a typical local street
(28 feet) and allows uniformity in the placement of sidewalks in the
turnaround and in the remaining portion of the cul-de-sac. As this design
enhances the subdivision, the cul-de-sac design standards and specifications
of the Subdivision Regulations should be modified to permit this variation.
Stormrater Management Ordinance Compliance: As noted on the plat, the stormwater
storage requirements for the proposed subdivision are satisfied by the existing
stormwater management facility located east of Keokuk Street and north of the
lots which front on Sandusky Drive. The plat shows, however, that proposed
stormwater intakes within the subdivision are located within the radii of street
intersections. It is a design standard of the Public Works Department to place
intakes outside of the street radii. While this standard necessitates that
additional intakes be installed, it is the City's experience that intakes outside
street radii are more successful in trapping stormwater runoff. The plat should,
therefore, be amended to conform to this standard.
ECONOMIC IMPACT
Given the assessed value of comparable residential development in the nearby
residential area, the average assessed value of each developed lot within the
proposed subdivision is approximately $78,000. Within the current tax period,
the values of residential uses are rolled back to 80.5966% of their assessed
values. The City's portion of the tax levy imposed upon a residential use
located within Iowa City is $11.69523/$1,000 of assessed valuation. Assuming
each of the 82 lots in the proposed subdivision is developed today with an
assessed value of $78,000, the City would realize an annual increase in tax
revenue of approximately $735 per dwelling or $60,270 for the 82 -lot subdivision.
With this subdivision, the City will realize some construction costs in overwidth
paving on Sandusky Drive and on the Cherry Avenue spur and oversized water lines
that are proposed along Pepper and Sandusky drives. Indirect costs such as
garbage pick-up, maintenance of streets and municipal utilities, and police and
fire protection are also incurred. With increased residential development, local
schools, parks, the public library, the transit system, and roadways outside the
development are also affected. This subdivision is not expected, however, to
impact the City's ability to provide municipal services.
STAFF RECOMMENDATION:
Staff recommends that the request to rezone the westernmost portion of the
subject 22 -acre parcel, generally located west of existing Pepperwood Additions
development on Sandusky Drive extended, from ID -RM to RS -5 be approved.
Staff also recommends that consideration of the preliminary plat for Pepperwood
Addition, Part 8, be deferred. Upon resolution of each of the deficiencies and
discrepancies listed below, it is staff's recommendation that the plat be
approved with the following Subdivision Regulation requirement variations:
6
1. Reduction of the 400 -foot minimum block length requirement for the three
blocks on the north and east sides of Sandusky Drive between Keokuk Street
and Cherry Avenue to the following dimensions:
(a) Keokuk Street to Ironwood Circle: 385 feet.
(b) Ironwood Circle to Ironwood Circle: 253 feet.
(c) Ironwood Circle to Cherry Avenue: 397 feet.
2. Reduction of the 220 -foot minimum block width requirement to 115 feet for
the block between Pepper Drive and Chestnut Court along Birch Street.
3. Modification of the cul-de-sac design requirements to allow the design
proposed for Elm and Chestnut courts.
DEFICIENCIES AND DISCREPANCIES:
1. Amend the plat to show that all the side lot lines approximate right angles
to straight street lines and radial angles to curved street lines.
2. Redraw the Cherry Avenue spur to collector street standards.
3. Remove all storm sewer intakes out of the street intersection radii and
provide additional intakes as required by the Public Works Department.
4. Expand the utility easements to 15 feet along the Pepper Drive frontages
of Lots 222, 223, 241, and 152.
5. Identify the width of the drainageway easement between Lots 177 and 178.
6. Reroute sanitary sewer extensions proposed in the Ironwood Circle spurs to
remove these extensions, as much as possible, from beneath the paved portion
of this right-of-way.
7. Eliminate the sewer line extending east of the manhole between Lots 240 and
241. Instead, show an extension of the sewer from an existing manhole
between Lots 151 and 152 to a new manhole to be placed between Lots 152 and
241.
8. Extend the lot lines of Lots 167-169 to the southern boundary of Block 3,
Braverman Center to incorporate the small triangular parcel presently
located between these two subdivision boundaries.
9. Amend the typical street section to refer to Sandusky Drive versus Sandusky
Avenue.
10. Label the territory west of the proposed subdivision as "Future Develop-
ment."
11. Show the extension of the eight -inch water line through the Birch
Street/Pepper Drive intersection.
ATTACHMENT:
1. Location Map.
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ACCOMPANIMENT:
1. Preliminary Plat of Pepperwood Addition, Part 8.
Approved by:
Dnald Shmeiser, Director
Department of Planning and
Program Development
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ORDINANCE NO. 89-3410
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE DIMENSIONAL REQUIREMENTS OF
CERTAIN PROPERTY LOCATED AT 1705-1709 H
STREET, 1105-1107 SIXTH AVENUE AND 1109-
1111 SIXTH AVENUE FROM RS -8 TO RS -12.
WHEREAS, the property described below
was developed under R-2 zoning after
receiving the required building permits,
and the three existing duplex residences
became non -conforming under RS -8 zoning in
1983; and
WHEREAS, the rezoning of the subject
property to RS -12 will not result in any
structural change or increase intensity of
use of the property, but will allow an
existing use to conform with the Zoning
Ordinance; and
WHEREAS, it is appropriate to zone to
allow an existing use when harm to the
property owner would outweigh the benefits
resulting from strict adherence to the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT. That the
property described below is hereby
reclassified from its present
classification of RS -8 to RS -12:
Lots I and 2 of Block 45 as
illustrated on a "Map of East Iowa
City, Iowa" situated in Section 14,
Township 79N of R6W5 PM, as recorded
in Book 1 at Page 92 of the records of
the Johnson County, Iowa, Recorder's
Office, on the 30th day of May, 1899.
SECTION IT. ZONING MAP. The Building
Inspector is hereby authorized and directed
to change the zoning map of the City of
IowaCity, Iowa, to conform to this
amendment upon final passage, approval and
publication of this Ordinance as provided
by law.
SECTION Ili. CERTIFICATION AND RECORDING.
The City Clerk is hereby authorized and
directed to certify a copy of this
Ordinance which shall be recorded at the
Office of the County Recorder of Johnson
County, Iowa.
Ordinance No. 89-3410
Page 2
All ordinances
MM�twes in conflict with
Ordinance are hereby
repealed.
SECTION V. SEVFRABILITY- If any of the
Provisions of this Ordinance are for any
reason declared illegal or void, then the
lawful provisions of this Ordinance, which
are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION M, EFFECTIVE DATE. This
Ordinance shall be in force and effect from
and after its final passage and publication
as by law provided.
Passed and approved this 16th day of
May; 1989. may/ Q
ATTEST:
C?T1gCLfERK
Approved as to Form
C a(��Depart&t�>Z* i
It was moved by Larson and seconded by Ambrisco that
the Ordinance as rea e a opte ,and upon roll call Were 'were.�
AYES: NAYS: ABSENT:
EI
First Consideration
Vote for passage:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
Second Consideration 5/2/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 5/24/89
Moved by Horowitz, seconded by Courtney, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco. Nays: None. Absent: None.
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It was moved by Larson and seconded by Ambrisco that
the Ordinance as rea e a opte ,and upon roll call Were 'were.�
AYES: NAYS: ABSENT:
EI
First Consideration
Vote for passage:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
Second Consideration 5/2/89
Vote for passage: Ayes: Courtney, Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer. Nays: None. Absent: None.
Date published 5/24/89
Moved by Horowitz, seconded by Courtney, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be waived
and the ordinance be given second consideration at this time.
Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald,
Ambrisco. Nays: None. Absent: None.
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ORDINANCE NO. 89-3411
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY CHANGING THE ZONING CLASSIFICATION OF A
19,800 SQUARE FOOT PARCEL ON THE WEST SIDE
OF BROADWAY STREET AT 2105 BROADWAY STREET.
WHEREAS, the City has acquired a parcel
of land at 2105 Broadway Street; and
WHEREAS, the Iowa City Zoning Ordinance
provides that all land owned or controlled
by governmental entities shall be zoned P
(Public) and that any private use of the
same publicly -owned land shall acquire an
appropriate overlay zone with the
underlying Public designation retained; and
WHEREAS, the City intends to lease the
parcel of -land at 2105 Broadway Street to Ii
the Willow Creek Neighborhood Center
Corporation for development of the Broadway
Neighborhood Center; and
WHEREAS, neighborhood centers are a use
permitted in the RM -12 zone by special
exception.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. AMENDMENT. The Zoning Map of
the City of Iowa City is hereby amended to
change the land use designation of 2105
Broadway Street from RM -12 to P/RM-12.
M'
ZONING MAP. The Building
Inspector IN II. is hereby authorized and directed
to change the Zoning Map of the City of
Iowa City, Iowa, to conform to this
amendment upon final passage, approval and
publication of this ordinance as provided
by law.
SECTION III. CERTIFICATION. R!IF,1,C8 N. City
Clerk is hereby authorized
to
The certify this
ordinance and record same at the office of
the Johnson County Recorder.
SECTION IV. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION SEVERABILITY. If any section,
provision
i on oF part
of the Ordinance shall
be adjudged to be invalid or
unconstitutional, such adjudication shall
not affect the validity of the Ordinance
as a whole or any section, provision or
part thereof not adjudged invalid or
unconstitutional.
Approved as to Form
,Legal Department
Ordinance No. 89-3411
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Page 2
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SECTION VI. EFFECTIVE DATE. This
Ordinance shall be in effect after its
final passage, approval and publication as
required by law.
1'.
Passed and approved this 16th day of
I.
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Nty, 1989.
OR
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ATTEST:m:� J
CITY, CLERK _
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F
Approved as to Form
,Legal Department
It was moved by Balmer and seconded by Ambrisco that
the Ordinance as read be adopted, and upon roll call tFere were..
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
x Courtney
_x Horowitz
x Kubby
x Larson
McDonald
First Consideration ---------
Vote for passage:
Second Consideration 5/2/89
Vote for passage' Ayes: Kubby, Larson, McDonald, Ambrisco,
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Moved by Balmer, seconded by Kubby, that the rule requiring
ordinances to be considered and - voted on for passage at two
council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be
waived and the ordinances be given second consideration at
this time. Ayes: Larson, McDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
S 1 3.
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ORDINANCE NO. 89-3412
AN ORDINANCE AMENDING CHAPTER 36, ENTITLED
"ZONING ORDINANCE" OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA,
BY AMENDING SECTIONS 364(n), 36-9(d), 36-
10(d), 36-11(d), 36-12(c), 36-13(c), 36-
14(b), 36-15(b), 36-55(k.1) THEREIN TO
PERMIT NEIGHBORHOOD CENTERS IN RESIDENTIAL
ZONES.
WHEREAS, neighborhood centers provide a
service to residential areas in the form of
supervised recreation for young people,
child care, and counseling and support for
adults and children; and
WHEREAS, the provision of such services
can enhance the quality of life for people
living in the center's service area; and
WHEREAS, the City Council finds it to be Ij
in the public interest to encourage the
establishment of non-profit neighborhood
centers in the City, where appropriate; and �I
WHEREAS, the existing Zoning Ordinance
has no provisions for neighborhood centers
and would thereby prohibit the i -
establishment of such a use.
NOW,THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY, a
IOWA:
•SECTION I. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the ) .r
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
4(n)(1) and enacting in lieu thereof a new
section to be codified the same to read as II
follows: I
Section 36-4(n)(1). Neighborhood I
Center. A use owned and operated by a
non-profit organization, as defined by
Section 501(c)(3) of the Internal Revenue
Code, providing a place for social services
such as the care of children, supervised
recreation, counseling referral for
children and adults, and/or support groups
for children and adults and in which such
services are intended primarily, though not
exclusively, for those persons within a
mile radius of the center.
j Section 36-4(n)(1.1). Non -conforming
lot. A lot which does not conform to the
provisions of this Chapter relative to lot
frontage, width or area for the zone in
which it is located by reason of the
adoption of this Chapter or subsequent
amendments thereto.
na
Ordinance No. 89.3412
Page 2
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SECTION II. That Chapter 36, "Zoning
i
Ordinance" of the Code of Ordinances of the
l
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
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9(d), and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-9(d). Special Exceptions.
(1) Child care facilities subject to
the requirements of Section 36-55.
(2) Neighborhood Centers subject to
the requirements of Section 36-55.
(3) Public Utilities.
(4) Religious institutions subject to
the requirements of Section 36-55.
(5) Schools - generalized private
instruction.
SECTION 111. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City; Iowa, be, and the same
is hereby amended by repealing Section 36-
10(d) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-10(d). Special Exceptions.
(1) Child care facilities subject to
the requirements of Sec. 36-55.
(2) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(3) Public Utilities.
(4) Religious institutions subject to
the requirements of Sec. 36-55.
(5) Schools - generalized private
instruction.
SECTION IV. That Chapter 36, "Zoning
Ordinance".of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
11(d) ,and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-11(d). Special exceptions.
(1) Cemeteries and mausoleums subject
to the requirements of Sec. 36-55.
1
(2) Child care facilities subject to
the requirements of Sec. 36-55.
(3) Funeral home subject to the
requirements of Sec. 36-55.
(4) Group care facilities provided
'
that there is at least 750 square
feet of lot area for each
occupant.
(5) Neighborhood Centers subject to
+-
the requirements of Sec. 36-55.
(6) Public Utilities.
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Ordinance No. 89-3412
Page 3
(7) Religious institutions subject to
the requirements of Sec. 36-55.
(8) Schools - generalized private
instruction.
(9) Schools .- specialized private
instruction subject to the
provisions of Section 36-11(g)(2).
(10) Transient housing provided that
there is at least 750 square feet
Of lot area for each permanent
resident and 200 square feet for
each temporary resident.
SECTION V. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
12(c) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-12(c). provisional uses.
(1) Detached single family dwellings
subject to the dimensional
requirements of the RS -12 zone.
(2) Dwellings allowed in this zone
with a maximum of three (3)
roomers in each dwelling unit
provided that for single family
dwellings and duplexes, additional
off-street parking spaces shall be
furnished at the ratio of one-half
(i) space per roomer.
(3) Duplexes provided they shall be
developed in accordance with the
dimensional requirements of the
RM -12 zone, except that the
minimum lot area shall be 3600
square feet and the minimum lot
area per unit 1800 square feet.
(4) Family care facilities provided
they shall not be located within
one-quarter (1) mile of each
other.
(5) Fraternity/sorority houses,
provided there shall be 545 square
feet of lot area for each person
residing on the premises.
(6) Neighborhood Centers subject to
the requirements of Sec. 36-55.
(7) Nursing homes subject to the
requirements of Sec. 36-55.
(8) Religious institutions subject to
the requirements of Sec. 36-55.
(9) Rooming houses, provided that the
total floor area shall not exceed
330 square feet for each 1800
square feet of lot area and that
o
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Ordinance No. 89-3412
Page 4
S�3
there shall be at least 100 square
feet of floor area for each
(10)
roomer.
Townhouses and zero lot line
dwellings subject to the
requirements of Sec. 36-55,
provided ' they are developed in
accordance with the dimensional
requirements of the RM -12 Zone,
except that each unit shall have
a minimum lot area of 1800 square
feet.
(11)
Accessory apartments, subject to
the requirements of Section 36-55.
SECTION
VI. That Chapter 36, "Zoning
Ordinance of the Code of Ordinances of the
City of
Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
13(c) and enacting in lieu thereof a new
section
to be codified the same to read as
follows:
Section
36-13(c). Provisional uses.
(1)
Dwellings allowed in this zone
with a maximum of three (3)
roomers in each dwelling unit
tle family
for �9additional
dwellingsprovided
andduplexes,
off-street parking spaces shall be
furnished at the ratio of one-half
(2)
(1) space per roomer.
Family care facilities provided
they shall not be located within
one-quarter (1) mile of each
other.
(3)
Fraternity/sorority houses,
provided there shall be 545 square
feet of lot area for each person
residing on the premises.
(4)
Neighborhood Centers subject to
the requirements of Sec. 36-55.
(5)
Nursing homes subject to the
requirements of Sec. 36-55.
(6)
Religious institutions subject to
the requirements of Sec. 36-55.
(7)
Rooming houses, provided that the
total floor area shall not exceed
330 square feet for each 1800
square feet of lot area and that
there shall be at least 100 square
feet of floor area for each
(8)
roomer.
Accessory apartments, subject to
the requirements of Section 36-55.
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Ordinance No. 89-3412
Page 5
SECTION VII. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
14(b) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-14(b). Permitted uses.
(1) Dwellings allowed in this zone
with a maximum of three (3)
roomers residing in each dwelling
unit. Single and two family
dwelling, which exist as
nonconforming uses, shall be
permitted three (3) roomers per
dwelling unit.
(2) Neighborhood Centers.
(3) Multi -family dwellings.
SECTION VIII. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by repealing Section 36-
15(b) and enacting in lieu thereof a new
section to be codified the same to read as
follows:
Section 36-15(b). Permitted uses.
(1) Dwellings allowed in this zone
with a maximum of three (3)
roomers residing in each dwelling
unit. Single and two family
dwelling, which exist as
nonconforming uses, shall be
permitted three (3) roomers per
dwelling unit.
(2) Fraternity/sorority houses.
(3) High-rise multi -family dwellings.
(4) Neighborhood Centers.
SECTION IX. That Chapter 36, "Zoning
Ordinance" of the Code of Ordinances of the
City of Iowa City, Iowa, be, and the same
is hereby amended by adding Section 36-
55(k.1) as follows:
Section 36-55(k.1). Neighborhood
Centers.
(1) Neighborhood centers shall be
located with access to arterial or
collector streets.
(2) All centers engaged in child care
shall meet the requirements of
Section 36-55(c).
(3) The hours of operation of
neighborhood centers and outdoor
activities on the site shall be
limited to from 7:00 AM to 10:00
PM.
Ordinance No. 89-3412
Page 6
(4) Screening shall be provided
between any parking areas abutting
residential uses which require
four or fewer parking spaces, in
accordance with Section 36-76(j).
SECTION X. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this ordinance are hereby
repealed.
SECTION XI. SEVERABILITY: If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional,
such adjudication shall not affect the
validity of the Ordinance as a whole or any
section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION XII. EFFECTIVE DATE: This
Ordinance shall be in effect after its
final passage,, approval and publication as
required by law.
Passed and approved this 16th day of
May, 1989:
1,4 >�
OR
ATTEST:TI
�FCLERK
Approved as to Form
CC�.7 %
L gal Department
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It was moved by Ambrisco and seconded by Balmer that
the Ordinance as read be adopte and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Ambrisco
i
Balmer
x
Courtney
x
Horowitz
x
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x
— Larson
AYES:
NAYS: ABSENT:
x
Ambrisco
x
Balmer
x
Courtney
x
Horowitz
x
Kubby
x
— Larson
McDonald
First Consideration --------
Vote for passage:
Second Consideration 5/2/89
Vote for passage: Ayes: McDonald, Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson. Nays: None. Absent: None.
Date published 5/24/89
Moved by Balmer, seconded by Kubby, that the rule requiring
ordinances to be considered and voted on for passage at two
council meetings prior to the meeting at which it is to be
finally passed be suspended, the first consideration be
waived and the ordinance be given second consideration at
this time. Ayes: McDonald, Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson. Nays: None. Absent: None.
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ORDINANCE NO. 89-3413
AN ORDINANCE AMENDING CHAPTER 15 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, BY REPEALING SECTION 15-66
THEREOF, AND ENACTING IN LIEU THEREOF A NEW
CODE SECTION TO BE CODIFIED THE SAME,
PROVIDING FOR THE ESTABLISHMENT OF A
DELINQUENCY DEPOSIT FOR COMBINED WATER
AND/OR SEWER AND/OR SOLID WASTE COLLECTION
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
SECTION I. That Chapter 15 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 15-66, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 15-66. Deposit upon establishment
of account; Deposit upon delinquency of
account.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
a service agreement and make a
combined account deposit before
commencement of the city's service.
The amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-55. The deposit shall
be held either until three (3) years
after establishment of the account or
until service is terminated and the
account closed, whichever occurs
first. At that time, the amount of
the deposit shall be credited to the
customer's account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deoosit which is equal to the average
93
Ordinance No. 89-3413
Page 2
two-month billing for their account.
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
- occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account.
SECTION II. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: Ordinance No. 87-
3336, §3, 9-8-87.
SECTION III. SEVERABILITY CLAUSE: If any
of the provisions of this Ordinance are for
f, any reason declared illegal or void, then
the, lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
force and effect, the same as if the
Ordinance contained no illegal or void
provisions.
SECTION IV. EFFECTIVE DATE: This
Ordinance shall be in full force and effect
'i from and after its final passage and
i publication as by law provided.
Passed and approved this 16th day of
iMay, 989.
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OR
ATTEST:. ."e ..J
CITY -CLERK
ALoedLalo orm
JA A?
Legal Department
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It was moved by Balmer and seconded by Kubby that
the Ordinance as read be adopted, and upon roll call there were:
{
AYES: NAYS: ABSENT:
i
X Ambrisco
X Balmer
X Courtney
X Horowitz
Kubby
X Larson
X McDonald
First Consideration 5/2/89 j
Vote for passage: Ayes: Horowitz, Kubby, Larson, McDonald,
Ambrisco, Balmer, Courtney. Nays: None. Absent: None.
II
Second Consideration ------- i .I
Vote for passage: "
Date published 5/24/89 I ^`
Moved by Balmer, seconded by Ambrisco, that.the rule requiring I)
ordinances to be considered and voted on for passage at two
Council meetings prior to .the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Balmer, Courtney, Horowitz,
Kubby, Larson, McDonald, Ambrisco. Nays: None,
Absent: None.
837
ORDINANCE NO. 89-3414
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE
OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND
32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE
FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY
DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-55, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-55. Fee or Charges Authorized in Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee,
Penalty: Charge, Fine, or Penalty: Charge: i
Sec. 15-31 Fee for annual solid waste One dollar ($1.00) per
collection permit collection vehicle per .
Sec. 15-65(a) Residential solid waste
collection fee
Rates effective for bills on
or after:
per dwelling unit, per month
per two rooming units, per month
Sec. 15-65(b) Landfill use fee
Rates Effective:
City fee
State fee
Total fee
Minimum
Sec. 15-66(a) Deposit fee for combined city
water and/or sewer and/or
solid waste collection accounts.
Sec. 15-66(b) Delinquency deposit for com-
bined water and/or sewer and/or
waste collection accounts.
A
year
Sept. 1
Sept. 1
1988
1989
$5.25
$5.50
$5.25
$5.50
July I
July 1
1988
1989
$7.75
$8.00
$1.50
$2.00
$9.25
$10.00
$1.25
$1.35
Residential account:
$50.00 per combined resi
dential service for city
water and/or sewer and/or
solid waste collection
service.
In an amount equal to the
average two-month billing
for the delinquent account.
838
Ordinance No. 89-3414
Page 2
SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-73, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-73. Fees and Charges Authorized in Chapter 33.
Municipal Code
Description of Fee,
Charge, Fine, or Penalty
Sewer Service Charges:
Minimum monthly charge (includes
the first 200 cu. ft. of water
used)
Monthly charge for each addi-
tional 100 cu. ft. of water
used.
Monthly surcharge
BOD (per pound)
SS (per pound)
Eff. Eff. Eff.
9/1/86 9/1/87 9/1/88
$3.00 $4.75 $5.75
$.66 $1.04 $1.26
Eff. Eff.
9186 9/1/88
$.06 5.10
$.06 $.06
The user charge will be effective with the billing sent after
the effective dates listed in the preceding chart.
Fee for delinquent sewer service
account
Deposit fee for combined city
water and/or sewer and/or solid
waste collection accounts.
Three dollars ($3.00) for
each water service account
not paid within 30 days of
billing date. Fee is waived
for first occurrence in each
calendar year.
Residential account -
$50.00 per combined resi-
dential service for
city water and/or sewer
and/or solid waste collec-
tion service.
Commercial account - an
amount equal to the two-
month billing for commercial
service for city water and/or
sewer service.
Delinquency deposit fee for com- In an amount equal to the
bined city water and/or sewer average two-month billing
and/or solid waste collection for the delinquent account.
accounts.
83 �'
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Section
Authorizing Fee
Charge, Fine or
Penalty:
(a)
Sec. 33-45
.21
Seca 33-46(h)
i
(c)
r
Sec. 33-48(a)
i
t
Sec. 33-48(b)
Description of Fee,
Charge, Fine, or Penalty
Sewer Service Charges:
Minimum monthly charge (includes
the first 200 cu. ft. of water
used)
Monthly charge for each addi-
tional 100 cu. ft. of water
used.
Monthly surcharge
BOD (per pound)
SS (per pound)
Eff. Eff. Eff.
9/1/86 9/1/87 9/1/88
$3.00 $4.75 $5.75
$.66 $1.04 $1.26
Eff. Eff.
9186 9/1/88
$.06 5.10
$.06 $.06
The user charge will be effective with the billing sent after
the effective dates listed in the preceding chart.
Fee for delinquent sewer service
account
Deposit fee for combined city
water and/or sewer and/or solid
waste collection accounts.
Three dollars ($3.00) for
each water service account
not paid within 30 days of
billing date. Fee is waived
for first occurrence in each
calendar year.
Residential account -
$50.00 per combined resi-
dential service for
city water and/or sewer
and/or solid waste collec-
tion service.
Commercial account - an
amount equal to the two-
month billing for commercial
service for city water and/or
sewer service.
Delinquency deposit fee for com- In an amount equal to the
bined city water and/or sewer average two-month billing
and/or solid waste collection for the delinquent account.
accounts.
83 �'
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Ordinance No. 89-3414
Page 3
(d)
Sec. 33-149(a) Meter deposit.
a) Deposit fee for new meter $60.00
and outside meter reader.
b) Refund for each new meter, $75.00
outside meter reader, and
wiring correctly installed.
Sec. 33-149(b) Second meter fee $65.00
(non-refundable)
(e)
Sec. 33-163 Nater Service Charges:
Monthly user charges for METER
water service for the first SIZE Eff. Eff. Eff.
two hundred (200) feet or Inches 9/l/86 9 1 88 9/1/88
less of water used, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/2 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15
4 37.95 41.75 43.85
6 76.40 84.00 88.20
The minimum user charges for larger meters will be based on
comparative costs to a 6" meter. The minimum user charge for a
customer who furnishes the meter at their own costs will be based
on the minimum for a 5/8" meter, regardless of the size.
There will be no minimum monthly charge for the second water
meter from November to March for those months during which no
water is used.
Monthly user charges for MONTHLY
water in excess of 200 USAGE Eff. Eff. Eff.
cubic feet per month. Cu. t 9/1/86 9/l/88 9/1/88
Next 2,800 $ .75 $ .83 $ .87
Next 17,000 .45 .50 .53
Over 20,000 .40 .44 .46
(f)
Sec. 33-164 Fee for temporary water use during
construction for the first 60 days
from the date of the service tap for
a new service or for a maximum of
60 days for reconstruction:
X38
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Ordinance No. 89-3414
Page 3
(d)
Sec. 33-149(a) Meter deposit.
a) Deposit fee for new meter $60.00
and outside meter reader.
b) Refund for each new meter, $75.00
outside meter reader, and
wiring correctly installed.
Sec. 33-149(b) Second meter fee $65.00
(non-refundable)
(e)
Sec. 33-163 Nater Service Charges:
Monthly user charges for METER
water service for the first SIZE Eff. Eff. Eff.
two hundred (200) feet or Inches 9/l/86 9 1 88 9/1/88
less of water used, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/2 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15
4 37.95 41.75 43.85
6 76.40 84.00 88.20
The minimum user charges for larger meters will be based on
comparative costs to a 6" meter. The minimum user charge for a
customer who furnishes the meter at their own costs will be based
on the minimum for a 5/8" meter, regardless of the size.
There will be no minimum monthly charge for the second water
meter from November to March for those months during which no
water is used.
Monthly user charges for MONTHLY
water in excess of 200 USAGE Eff. Eff. Eff.
cubic feet per month. Cu. t 9/1/86 9/l/88 9/1/88
Next 2,800 $ .75 $ .83 $ .87
Next 17,000 .45 .50 .53
Over 20,000 .40 .44 .46
(f)
Sec. 33-164 Fee for temporary water use during
construction for the first 60 days
from the date of the service tap for
a new service or for a maximum of
60 days for reconstruction:
X38
Ordinance No. 89-3414
Page 4
(g)
Sec. 33-165
(h)
Sec. 33-167
(i)
Sec. 33-169(a)
(3)
Sec. 33-169(b)
Single and two (2) family residences
Multi -family residences
Commercial structures
Fee for temporary water use after
60 days for any structure shall be
$100.00 per month until the meter
is installed.
Fee for direct purchase of water
per two hundred gallons or fraction
thereof.
Fee for delinquent water service
account.
Deposit fee for combined city water
and/or sewer and/or solid waste
collection accounts.
Delinquency deposit fee for combined
water and/or sewer and/or solid
waste collection accounts.
Ten dollars ($10.00)
per month.
Ten dollars ($10.00)
per month.
Twenty dollars
($20.00) per month.
One dollar ($1.00)
Three dollars ($3.00)
for each water service
account not paid with-
in 30 days of billing
date. Fee is waived
for first occurrence
in each calendar year.
Residential account
$50.00 per combined
residential service for
city water and/or
sewer and/or solid
waste collection
service.
Commercial account -
an amount equal to
the two-month billing
for commercial service
for city water and/or
sewer service.
In an amount equal to
the average two-month
billing for the delin-
quent account.
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Ordinance No. 89-3414
Page 5 -
(k)
Sec. 33-169(c)
(1)
Sec. 33-169(c)
a)
b)
C)
d)
e)
f)
Fees and charges for various consumer
services
Tap Fees:
Size
192
Coros
I
Boxes
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$18.30
$24.05
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Ordinance No. 89-3414
Page 5 -
(k)
Sec. 33-169(c)
(1)
Sec. 33-169(c)
a)
b)
C)
d)
e)
f)
Fees and charges for various consumer
services
Tap Fees:
Size
192
Coros
Curbs
Boxes
I"
11"
$18.30
$24.05
$18.35
534.90
35.10
1}"
2"
$29.40
$48.25
$
S 58.10
$ 77.40
$40$29.75
540.75
$40.75
$33.10
$78.15
$115.50
$40.75
11", IV
the City's
and 2" will require saddles which are
cost plus a stocking fee.
to be charged at
Installation
and connection
fees:
Size
Cost
6"
8"
$15.00
per linear
foot
10"
$18.80
per linear
foot
12"
$24.00
per linear
foot
16"
$29.70
per linear
foot
$39.40
per linear
foot
Service Fees
Service
Reconnection of discontinued
service
Removal fee for disconnecting
and removing a second meter
Service fee for resetting
or reading meter, or for
restarting service
Carding fee for shutting off
in collection procedure
Check leaky meters
Frozen meters
g) Shut-off service at curb b
check for exterior leaks
h) Broken hydrant
Fee
During Normal
Working Hours
$15.00
Fee
After Normal
Working Hours
$30.00
$25.00 Not done after
normal working hours
$15.00 $30.00
$15.00 $30.00
No Charge No Charge
$15.00 + cost $30.00 + cost
of meter repair of meter repair
No Charge $30.00 + hourly
rate for time
over 2 hours
Repair Cost $30.00 + repair
838
Ordinance No. 89-3414
Page 6
i) Location of water main for No Charge No Charge
other utilities
j) Location of water main for No Charge $30.00 + hourly
private enterprise rate for time
over 2 hours
k) Meter accuracy check at $30.00 Not done after
consumer's request normal working
hours
1) Fire hydrant fee for inspection $50.00 Not done after
and operation of fire hydrants normal working
which are privately owned or hours
owned by other governmental
agencies.
If service is requested outside normal working hours, a $30.00
after -hour fee shall be charged in addition to the normal working
hour fee. In addition, when service time after hours exceed two
hours, an additional charge will be.added to cover equipment
expense and actual employee wages, including overtime. The water
service division's normal working hours are 8:00 a.m. to 4:00
p.m. daily.
SECTION 3. SEVERABILITY: If any of the provisions of this Ordinance are for any
reason declared illegal or void, then the lawful provisions of this Ordinance
which are severable from said unlawful provisions, shall be and remain in full
force and effect, the same as if the Ordinance contained no illegal or void
provisions.
SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. These are:
(1) Ordinance No. 87-3342, §1 (part), 9/8/87.
(2) Ordinance No. 88-3371, §2, 4/5/88.
(3) Ordinance No. 88-3380, §1, 5/17/88.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect from
and after its final passage and publication as by law.
P sled and approved this 16th day of May, 1989.
OR
ATTEST: EZ
CI 'WCLERK
W
oForment
M
It was moved by Balmer and seconded by Ambrisco
the Ordinance as rea be adopted, and upon roll call there were: that
AYES: NAYS: ABSENT:
x Ambrisco
x Balmer
x Courtney
x Horowitz
x Kubby
x Larson
McDonald
First Consideration 5/2/89
Vote for passage: Ayes: uFy, arson, McDonald, Ambrisco
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Second Consideration -------
Vote
_ __ _Vote for passage:
Date published _ 5/24/89
Moved by Balmer, seconded by Larson, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetin s r'
g p for to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Horowitz ,' Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
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1
It was moved by Balmer and seconded by Ambrisco
the Ordinance as rea be adopted, and upon roll call there were: that
AYES: NAYS: ABSENT:
x Ambrisco
x Balmer
x Courtney
x Horowitz
x Kubby
x Larson
McDonald
First Consideration 5/2/89
Vote for passage: Ayes: uFy, arson, McDonald, Ambrisco
Balmer, Courtney, Horowitz. Nays: None. Absent: None.
Second Consideration -------
Vote
_ __ _Vote for passage:
Date published _ 5/24/89
Moved by Balmer, seconded by Larson, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetin s r'
g p for to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Horowitz ,' Kubby, Larson,
McDonald, Ambrisco, Balmer, Courtney. Nays: None.
Absent: None.
Ordinance No.
Page 5
(k)
Sec. 33-169(c)
(1)
Sec. 33-169(c)
Fees and charges for various consumer
services
Tap Fees:
Sin in Coros Ud, Boxes
1" $18.30 $18.35 $ 35.70 $29.15
11" $24.05 $34.90 $ 58.10 $40.75
1+" $29.40 $48.25 $ 77.40 $40.75
2" $33.10 $78.15 $115.50 $40.75
1!", 11" and 2" will require saddles which are to be charged
at the City's cost plus a stocking fee.
Installation and connection fees:
Size Cost
6" $15.00 per linear foot
8- $18.80 per linear foot
10' $24.00 per linear foot
12" $29.70 per linear foot
16" $39.40 per linear foot
Service Fees
Service
a) Reconnection of discontinued
service
b) Removal fee for disconnecting
and removing a second meter
c) Connection fee for resetting
meter or restarting service
d) Carding fee for shutting off
in collection procedure
e) Check leaky meters
f) Frozen meters
g) Shut-off service at curb 6
check for exterior leaks
Fee
During Normal
Working Hours
$15.00
Fee
After Normal
Working Hours
$30.00
$25.00 Not done after
normal working
$15.00 $30.00
$15.00 $30.00
No Charge No Charge
$15.00 + cost $30.00 + cost
of meter repair of meter repair
No Charge $30.00 + hourly
rate for time
over 2 hours
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Ordinance No.
Page 5
(k)
Sec. 33-169(c)
(1)
Sec. 33-169(c)
Fees and charges for various consumer
services
Tap Fees:
Sin in Coros Ud, Boxes
1" $18.30 $18.35 $ 35.70 $29.15
11" $24.05 $34.90 $ 58.10 $40.75
1+" $29.40 $48.25 $ 77.40 $40.75
2" $33.10 $78.15 $115.50 $40.75
1!", 11" and 2" will require saddles which are to be charged
at the City's cost plus a stocking fee.
Installation and connection fees:
Size Cost
6" $15.00 per linear foot
8- $18.80 per linear foot
10' $24.00 per linear foot
12" $29.70 per linear foot
16" $39.40 per linear foot
Service Fees
Service
a) Reconnection of discontinued
service
b) Removal fee for disconnecting
and removing a second meter
c) Connection fee for resetting
meter or restarting service
d) Carding fee for shutting off
in collection procedure
e) Check leaky meters
f) Frozen meters
g) Shut-off service at curb 6
check for exterior leaks
Fee
During Normal
Working Hours
$15.00
Fee
After Normal
Working Hours
$30.00
$25.00 Not done after
normal working
$15.00 $30.00
$15.00 $30.00
No Charge No Charge
$15.00 + cost $30.00 + cost
of meter repair of meter repair
No Charge $30.00 + hourly
rate for time
over 2 hours
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Ordinance No.
Page 5
(k)
Sec. 33-169(c)
(1)
Sec. 33-169(c)
Fees and charges for various consumer
services
Tap Fees:
Sin in Coros Ud, Boxes
1" $18.30 $18.35 $ 35.70 $29.15
11" $24.05 $34.90 $ 58.10 $40.75
1+" $29.40 $48.25 $ 77.40 $40.75
2" $33.10 $78.15 $115.50 $40.75
1!", 11" and 2" will require saddles which are to be charged
at the City's cost plus a stocking fee.
Installation and connection fees:
Size Cost
6" $15.00 per linear foot
8- $18.80 per linear foot
10' $24.00 per linear foot
12" $29.70 per linear foot
16" $39.40 per linear foot
Service Fees
Service
a) Reconnection of discontinued
service
b) Removal fee for disconnecting
and removing a second meter
c) Connection fee for resetting
meter or restarting service
d) Carding fee for shutting off
in collection procedure
e) Check leaky meters
f) Frozen meters
g) Shut-off service at curb 6
check for exterior leaks
Fee
During Normal
Working Hours
$15.00
Fee
After Normal
Working Hours
$30.00
$25.00 Not done after
normal working
$15.00 $30.00
$15.00 $30.00
No Charge No Charge
$15.00 + cost $30.00 + cost
of meter repair of meter repair
No Charge $30.00 + hourly
rate for time
over 2 hours
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.irdinance No.
Page 5
(k)
Sec. 33-169(c) Fees and charges for various consumer
services
Tap Fees:
I9p -CM lark Boxes
1" $18.30 $18.35 S 35.70
1}" $24.05 $34.90 $ 58.10 f29.15
1)" $29.40 548.25 $ 77.40 $40.75
$33.10
$78.15 $115.50 40.75
340.75
1l", IV and 2" will require saddles which are to be charged at
the City's cost plus a stocking fee.
Installation and connection fees:
Size L
6" $15.00 per linear foot
8" $18.80 per linear foot
10" $24.00 per linear foot
12" $29.70 per linear foot
16" $39.40 per linear foot
Sec. 33-169(c) Service Fees
Fee Fee
Service During Normal After Normal
Working Working Hours
a) Reconnection of discontinued $15.00
service $30.00
b) Removal fee for disconnecting 225.00 Not done after
and removing a second meter
normal working hours
c) Service fee for resetting SIS.00
or reading meter, or for $30.00
restarting service
d) Carding fee for shutting off $15.00
in collection procedure $30.00
e) Check 1
ea k
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y meters No Charge No Charge
i
f) Frozen meters S15 00
+ cost $30.00 + cost
of meter repair of meter repair
9) Shut-off service aticur 3 No Charge $30.00 + hourly
rate for time
over 2 hours
h) Broken hydrant Repair Cost
$30.00 + repair
838
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUES" OF THE CODE
OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND
32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE CHARGES AND FEES, INCREASE
FEE FOR TEMPORARY WATER USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY
DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE COLLECTION
ACCOUNTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
SECTION 1. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinance of
the City of Io City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-55, nd enacting in lieu thereof a new section to be codified the
same to read as fo lows:
Sec. 32.1-55. Fee or harges Authorized in Chapter 15.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Descri tion of Fee,
Penalty: Charge, Fi e, or Penalty: Charge:
Sec. 15-31 Fee for annu solid waste One dollar ($1.00) per
collection pe it collection vehicle per
year
Sec. 15-65(a)
Sec. 15-65(b)
Sec. 15-66(a)
Sec. 15-66(b)
ResFm
al soli wast
coln fee
Ratctive for
or
per ng uni per
per oming nits,
Landse ee
Ratec ive:
City
Stat
TotaM
is on
month
sit fee for combined city
er and/or sewer and/or
id waste collection accounts
Delinquency deposit for com-
bined water and/or sewer and/or
waste collection accounts.
Sept. 1
Sept. 1
1988
1989
$5.25
$5.50
$5.25
$5.50
July 1 July 1
1988 1989
$7.75 $8.00
$1.50 $2.00
$9.25 $10.00
$1.25 $1.35
Resi ntial account:
$50.00 er combined resi-
dential service for city
water and/or sewer and/or
solid waste collection
service.
In an amount equal to the
average two-month billing
for the delinquent account
838
Ordinance No.
Page 2
SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-73, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-73. Fees and Charges Authorized in Chapter 33.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee, Eff. Eff. Eff.
Penalty: Charge, Fi%e,r Penalty 9 1 86 9 1 87 9 1 88
(a)
Sec. 33-45 Sewer Sprvharnpc•
Sec. 33-46(h)
(c)
Sec. 33-48(a)
Sec. 33-48(b)
the first 200
used)
Monthly charge
tional 100 cu.
used.
Monthly surcharge
rge (includes
ft. of water
$3.00
each addi-
of water
BOD (per pound) 1
SS Iper pound)
The user charge will
the effective dates 1
$4.75 $5.75
/theprecedi
$1.04 $1.26
Eff.
1 88
5.10
5.06
efe billing sent after
Wng chart.
Fee for deliAeetce
account
Deposit fee water and/ordwaste collec
bi
uency deposit fee for com-
city water and/or sewer
solide waste collection
ts.
Three dollars ($3.00) for
each water service account
not paid within 30 days of
billing date. Fee is
waived for first occurrence
in each calendar year.
Residential account -
$50.00 per combined resi-
dential service for
city water and/or sewer
and/or solid waste collec-
on service.
C mmercial account - an
amaunt equal to the two-
month billing for commer-
cial''service for city water
and/or sewer service.
In an amount equal to the
average two-month billing
for the delinquent account.
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Ordinance No.
Page 2
SECTION 2. That Chapter 32.1, "Taxation and Revenues" of the Code of Ordinances
of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing
Section 32.1-73, and enacting in lieu thereof a new section to be codified the
same to read as follows:
Sec. 32.1-73. Fees and Charges Authorized in Chapter 33.
Municipal Code
Section
Authorizing Fee
Charge, Fine or Description of Fee, Eff. Eff. Eff.
Penalty: Charge, Fi%e,r Penalty 9 1 86 9 1 87 9 1 88
(a)
Sec. 33-45 Sewer Sprvharnpc•
Sec. 33-46(h)
(c)
Sec. 33-48(a)
Sec. 33-48(b)
the first 200
used)
Monthly charge
tional 100 cu.
used.
Monthly surcharge
rge (includes
ft. of water
$3.00
each addi-
of water
BOD (per pound) 1
SS Iper pound)
The user charge will
the effective dates 1
$4.75 $5.75
/theprecedi
$1.04 $1.26
Eff.
1 88
5.10
5.06
efe billing sent after
Wng chart.
Fee for deliAeetce
account
Deposit fee water and/ordwaste collec
bi
uency deposit fee for com-
city water and/or sewer
solide waste collection
ts.
Three dollars ($3.00) for
each water service account
not paid within 30 days of
billing date. Fee is
waived for first occurrence
in each calendar year.
Residential account -
$50.00 per combined resi-
dential service for
city water and/or sewer
and/or solid waste collec-
on service.
C mmercial account - an
amaunt equal to the two-
month billing for commer-
cial''service for city water
and/or sewer service.
In an amount equal to the
average two-month billing
for the delinquent account.
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Ordinance No. _
Page 3
(d)
Sec. 33-149(a)
Sec. 33-149(b)
(e)
Sec. 33-163
(f)
Sec. 33-164
Meter deposit.
a) Deposit fee for new meter $60.00 j
and outside meter reader.
b) Refund for each new meter, $75.00
outside meter reader, and
wiring correctly installed.
Secondmeter fee $65.00
(non-refu able)
Water Service ha es:
I
Monthly user ch rges for METER
water service f r the first SIZE f. Eff. Eff.
two hundred (20 feet or Inches 9 86 9/1/88 9 1 88
less of water us d, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/ 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15 I
4 37.95 41.75 43.85
76.40 84.00 88.20 I
The minimum user cha ges f r larger meters will be based on
comparative costs to 6 eter. The minimum user charge for
a customer who furnis es he meter at their own costs will be
based on the minimum f r a 5/8" meter, regardless of the size. i
There will be no min monthly charge for the second water II'
meter from November o rch for those months during which no
water is used.
Monthly user char es for MONTHLY
water in excess f 200 USAGE Eff. Eff. Eff.
cubic feet per onth. Cu. Ft. 9/1/86 9 1 88 9/l/88
Next ,800 $ .75 $ .83 S .87
Next 1 000 .45 .50 .53 '
Over 20, 00 .40 .44 .46 ;
Fee for/temporary water use during N
constr4ttion for the first 60 days
from Oe date of the service tap for
a new service or for a maximum of
60 d ys for reconstruction:
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Ordinance No. _
Page 3
(d)
Sec. 33-149(a)
Sec. 33-149(b)
(e)
Sec. 33-163
(f)
Sec. 33-164
Meter deposit.
a) Deposit fee for new meter $60.00 j
and outside meter reader.
b) Refund for each new meter, $75.00
outside meter reader, and
wiring correctly installed.
Secondmeter fee $65.00
(non-refu able)
Water Service ha es:
I
Monthly user ch rges for METER
water service f r the first SIZE f. Eff. Eff.
two hundred (20 feet or Inches 9 86 9/1/88 9 1 88
less of water us d, based
on meter size. 5/8 $ 3.25 $ 3.60 $ 3.80
3/4 3.75 4.15 4.35
1 4.40 4.85 5.10
1-1/ 8.75 9.65 10.15
2 11.75 12.95 13.60
3 21.75 23.95 25.15 I
4 37.95 41.75 43.85
76.40 84.00 88.20 I
The minimum user cha ges f r larger meters will be based on
comparative costs to 6 eter. The minimum user charge for
a customer who furnis es he meter at their own costs will be
based on the minimum f r a 5/8" meter, regardless of the size. i
There will be no min monthly charge for the second water II'
meter from November o rch for those months during which no
water is used.
Monthly user char es for MONTHLY
water in excess f 200 USAGE Eff. Eff. Eff.
cubic feet per onth. Cu. Ft. 9/1/86 9 1 88 9/l/88
Next ,800 $ .75 $ .83 S .87
Next 1 000 .45 .50 .53 '
Over 20, 00 .40 .44 .46 ;
Fee for/temporary water use during N
constr4ttion for the first 60 days
from Oe date of the service tap for
a new service or for a maximum of
60 d ys for reconstruction:
83�
Ordinance No.
Page 4
Single and two (2) family residences Ten dollars ($10.00)
per month.
Multi -family residences Ten dollars ($10.00)
per month.
Commercial structures Twenty dollars
($20.00) per month.
Fee for temp orar water use after
60 days for any structure shall be
$100.00 per mon h until the meter /
is installed.
Sec. 33-165 Fee for direct puVwaterOne dollar (51.00)
per two hundred gthereof.
(h)
Sec. 33-167 Fee for delinquenThree dollars ($3.00)
account.for each water service
ccount not paid with -
n 30 days of billing
ate. Fee is waived
or first occurrence
n each calendar year.
(i)
r comb ned c ty water
Sec. 33-169(a) Dep/deposit
Residential account -
andd/or solid aste
$50.00 per combined
collount .
residential service
for city water and/or
sewer and/or solid
waste collection
service.
Commercial account
an amount equal to the
two-month billing for
commercial service for
city water and/or
sewer service.
(J)
Sec. 33-169(b) Deliosit fee for combine
In an amount equal to
watewer and/or solid
the average two-month
wasn accounts.
billing for the delin-
quent account.
838
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Ordinance No. _
Page 5
(k)
Sec. 33-169(c) Fees and charges for various consumer
services
Tap Fees:
Size
a
Corps
Curbs
Boxes
1"
E 8.30
$18.35
$ 35.70
29.15
1}"
$2 .05
$34.90
$ 58.10
540.75
11"
$2 .40
$48.25
$ 77.40
$40.75
2"
$33 10
$78.15
$115.50
$40.75
11", 1}° and " will require sadd s which are to be charged
at the City's st plus a stockin fee.
Installation an connection fe
Size Cost
6"$15.00 per linear foot
8" $18. per linear foot
10" $24 0 per linear foot
12" 2 .70 per linear foot
16" .40 per linear foot
Sec. 33-169(c) Service Fees
Fee
During Normal
Service Working Hours
a) Reconnectio of disconti ued $15.00
service
b) Removal f e for disconnect ng $25.00
and remo ing a second meter
C) Conne tion fee for resetting
mete or restarting service
d) Car ing fee for shutting off
in collection procedure
e) eck leaky meters P
f) Frozen meters $15.
of n
$15.00
$15.00
g)I Shut-off service at -curb & No
Fee
After Normal
Working Hours
$30.00
Not done after
normal working
hours.
$30.00
$30.00
Charge No Charge
\+ cost $30.00 + cost
e \repair of meter repair
Charge $30.00 + hourly
rate for time
over 2 hours
i
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Ordinance No.
Page 6
h) Broken hydrant Repair Cost $30.00 + repair
cost
i) Location of water main for No Charge No Charge
other utilities
J) Location of water main for No Charge $30.00 + hourly
private enterprise rate for time
over 2 hours
k) Meter accuracy check at $30.00 Not done after
consumer'Vne
est normal working
hours
1) Fire hydrfar inspection $5 .00 Not done after
and operaf fire hydrants normal working
which aretely owned or hours
owned by overnmentalagencies.
If service iss ed outside normal working hours, a $30.00
after -hour feecharged n addition to the normal working
hour fee. Inio when rvice time after hours exceed two
hours, an addl harge will be added to cover equipment
expense and acmpl ee ages, including overtime. The water
service divisirma w king hours are 8:00 a.m. to 4:OO p.m.
daily.
SECTION 3. SEVERABILITY: If any of he ovisions of this Ordinance are for any
reason declared illegal or void, ten th lawful provisions of this Ordinance
which are severable from said unl ful pr visions, shall be and remain in full
force and effect, the same as i the Ordnance contained no illegal or void
provisions.
SECTION 4. REPEALER. All ord antes or par\Thes'e
in conflict with the
provisions of this Ordinance a e hereby repea(1) Ordinance No. 87-3342, 1 (part), 9/8/87(2) Ordinance No. 88-3371, §2, 4/5/88.
(3) Ordinance No. 88-3380 §1, 5/17/88.
SEC IO 5 1 D This Ordinance sforce and effect from
and after its final pasge and publication ad.
Passed and approve this
ATTEST:
CITY CLERK
Form
3099A8y
939
ORDINANCE NO. U-3415
AN ORDINANCE AMENDING CHAPTER 33 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA
CITY, IOWA, (1) BY REPEALING SECTIONS 33-
149, 33-163, 33-164, 33-165, AND 33-169
THEREOF, AND ENACTING IN LIEU THEREOF NEW
SECTIONS TO BE CODIFIED THE SAME, PROVIDING
FOR (A) REVISIONS IN PROCEDURES FOR THE
INSTALLATION OF PRIMARY AND SECOND WATER
METERS, AND (B) REVISIONS TO FEES FOR
SECOND WATER METERS, FOR WATER USE DURING
CONSTRUCTION, AND FOR DIRECT WATER
PURCHASE; (2) BY ENACTING THREE NEW
SECTIONS TO BE CODIFIED AS SECTIONS 33-48,
33-156 AND 33-167, PROVIDING FOR (A) THE
ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR
COMBINED WATER AND/OR SEWER AND/OR SOLID
WASTE COLLECTION ACCOUNTS, (B) CHANGES IN
THE PROCEDURES FOR REMOVAL OF WATER METERS,
AND (C) SETTING FORTH THE FEES AND BILLING
PROCEDURE UPON CHANGE IN TENANT ACCOUNT IN
A SEPARATE CODE SECTION; AND (3) BY
DELETING SUBSECTIONS (d) AND (e) FROM
SECTION 33-154 DUE TO THE INCLUSION OF
THOSE PROVISIONS IN OTHER SECTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
same is herrby
epeal ing and the Section 33-149eb ther of amended and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sect. 33-149. Required metering of
water use.
(a) Requirements for Installation of
Water Meters. All water furnished to
the consumers shall be metered unless
provided otherwise by ordinance. All
meters and remote meter readers shall
be furnished by the department of
Public works, but owner must provide
a suitable location and piping system
for same. The owner shall be
responsible for procuring the
installation of each meter furnished
by the on all new construction
or remodel ywork, which installation
shall be performed by a licensed
Plumber under a plumbing permit
issued pursuant to Chapter 8 of the
839
Ordinance No. 89-3415
Page 2
Code of Ordinances of the City of
Iowa City, Iowa. On new
construction, the meter(s) shall be
installed at the same time as, or no
later than the installation of, the
plumbing fixtures. The meter(s)
shall be installed in a location
which provides the same access and
working space which as required for
water heaters, as provided in Chapter
8 of the Code of Ordinances of the
City of Iowa City, Iowa. The supply
or "in" side of the piping and
valving shall be marked with a tag at
the meter location.. The owner shall
Provide and install conduit (I inch
minimum size) and wire for a remote
meter reader. For multiple meter
settings, the owner shall label the
individual wires to correspond to the
proper meter inside. The meter and
wire installation must comply with
City specifications.
Upon completion of the
installation of the meter(s) and
related piping, the owner, or the
owner's plumbing contractor or
authorized agent, shall arrange, by
appointment, for a field test and
verification that each meter and
meter reader is operating properly.
The public works department (water
division) will meet with the owner,
or the owner's plumbing contractor or
authorized agent to verify that the
installation is correct and to
install the account number.
Piping systems shall be so
constructed and the meters so placed
that all water to be used in or about
the premises shall pass through the
water meter(s). The owner shall be
responsible for compliance with this
provision and shall be liable for
payment of water used in violation
hereof.
A meter deposit, in the amount set
forth in the schedule of fees,
Section 32.1-73, will be required for
each meter provided by the City.
Upon proper completion of the
installation of the meter, a refund
t
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Ordinance No. 89-3415
Page 2
Code of Ordinances of the City of
Iowa City, Iowa. On new
construction, the meter(s) shall be
installed at the same time as, or no
later than the installation of, the
plumbing fixtures. The meter(s)
shall be installed in a location
which provides the same access and
working space which as required for
water heaters, as provided in Chapter
8 of the Code of Ordinances of the
City of Iowa City, Iowa. The supply
or "in" side of the piping and
valving shall be marked with a tag at
the meter location.. The owner shall
Provide and install conduit (I inch
minimum size) and wire for a remote
meter reader. For multiple meter
settings, the owner shall label the
individual wires to correspond to the
proper meter inside. The meter and
wire installation must comply with
City specifications.
Upon completion of the
installation of the meter(s) and
related piping, the owner, or the
owner's plumbing contractor or
authorized agent, shall arrange, by
appointment, for a field test and
verification that each meter and
meter reader is operating properly.
The public works department (water
division) will meet with the owner,
or the owner's plumbing contractor or
authorized agent to verify that the
installation is correct and to
install the account number.
Piping systems shall be so
constructed and the meters so placed
that all water to be used in or about
the premises shall pass through the
water meter(s). The owner shall be
responsible for compliance with this
provision and shall be liable for
payment of water used in violation
hereof.
A meter deposit, in the amount set
forth in the schedule of fees,
Section 32.1-73, will be required for
each meter provided by the City.
Upon proper completion of the
installation of the meter, a refund
Ordinance No. 89-3415
Page 3
will be given to the person making
the deposit.
(b) Requirements for Installation of a
Second Meter. A second meter is any
meter which measures water use which
does not discharge into the City's
sanitary sewer system or require
treatment at the sewage treatment
plant, such as irrigation, air
conditioning, swimming pools or the
like.
A property owner with an existing
water service account may apply to
the public works department (water
division) for a second meter. If the
finance department determines that
such property is eligible for
installation of a second meter, the
meter will be provided to the
property owner, or the owner's
plumbing contractor or authorized
agent, upon payment of a non-
refundable second meter fee, as set
forth in the schedule of fees,
Section 32.1-73, and upon payment of
the meter deposit as provided in (a)
above.
A second meter, like the primary
meter, must be valved on both the
inlet and outlet sides. The second
meter shall be installed with a
backflow preventer valve on the
outlet if the plumbing does not
already include these valves on all
hose bibs connected to the meter. A
second meter must be installed in
compliance with all other
requirements set forth in (a) above.
A second meter shall not be
removed temporarily from service
during winter months. To properly
remove a second meter, the plumbing
must be physically restored so that
no jumper may be installed.
SECTION II. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
repealing Section 33-163, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-163. Rates.
(a) All users of city water service shall
be charged:
839
Ordinance No. 89-3415
Page 4
(1) A minimum monthly charge for
the first two hundred (200)
cubic feet, or less, of water
usage, based on meter size, and
(2) A monthly charge on all water
used in excess of two hundred
i (200) cubic feet per month, and
(3) There will be no minimum
monthly bill for a second water
meter from November through
March of each year for those
months during which no water is
used.
Said charges shall be for the
quantities of water used and shall he
in the amount set forth in the
schedule of fees, Section 32.1-13.
(b) The rates and charges herein
established and set forth in the
schedule of fees shall apply only to
properties located within the
corporate limits of the City of Iowa
City. Where another municipal
corporation has entered into a
contract with the City of Iowa City,
the rates provided for in such
contract shall prevail. For all
areas outside the corporate limits of
the City of Iowa City for which there
is no prevailing contract, the rate
shall be established as fifty (50)
percent above those provided in the
schedule of fees.
(c) The water rates and charges herein
established will be effective with
the billings sent after the effective
dates listed in the schedule of fees.
SECTION III. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
j Iowa, be, and the same is hereby amended by
repealing Section 33-164, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-164. Temporary use during
construction.
(a) When temporary water service is
requested for a structure under
construction, the owner or contractor
shall pay a temporary fee based upon
the type of structure under
construction and the length of time
temporary water service is utilized,
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Ordinance No. 89-3415
Page 5
as set forth in the schedule of fees,
Section 32.1-73.
(b) If such rates are inadequate for the
amount of water to be used, the
department of public works may
establish higher rates for a
particular premises.
(c) The water used under this provision
may not be used to settle ditches or
irrigate lawns or gardens; and the
department of public works may
discontinue service to any owner or
contractor who has failed to pay for
water supplied or used contrary to
the provisions of this section.
SECTION IV. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 33-165, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-165. Direct purchase rates. _
Water can be purchased at the water
Pumping plant or at any other location that
may be designated by the department of
public works for that purpose. Water
purchased in tanks furnished by the
purchaser will be charged at the rate j
provided therefore in the schedule of fees,
Section 32.1-73. The department of public
works will not be responsible for the
purity of water after it leaves the supply it
line when it is delivered to the
purchaser's container.
SECTION V. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
repealing Section 33-169, thereof, and
enacting in lieu thereof a new section to
be codified the same to read as follows:
Sec. 33-169. Deposit upon establishment
of account; Deposit upon delinquency of
account; Fees and charges for consumer
services.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
8'3'
Ordinance No. 89-3415
Page 6
a service agreement and make a
combined account deposit before
commencement of city's service. The
amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-73.
Upon initial establishment of a
commercial water service account, or
a commercial sewer service account,
or either of these, with the city,
the person establishing the account
shall be required to execute a
service agreement and make a combined
account deposit before commencement
Of the City's service. The amount of
the deposit shall be as provided in
the schedule of fees, Section 32.1-
73.
Deposit shall be held either until
three years after establishment of
the account, or until service is
terminated and the account closed,
whichever occurs first. At that
time, the amount of the deposit shall
be credited to the customer's
account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
two-month billing for their account.
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
8'39
Ordinance No. 89-3415
Page 7
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account, or refunded if the account
is then paid up.
(c) Fees and charges for various consumer
services, including water main taps,
water main installation and
connection fees, and routine water
service procedures are hereby
established. Such fees and charges
shall be as set forth in the schedule
of fees, Section 32.1-73.
SECTION VI. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
enacting a new section to be codified as
Section 33-48 to read as follows:
Sec. 33-48. Deposit upon establishment
of account; deposit upon delinquency of
account.
(a) Upon initial establishment of a
residential water service account, a
residential sewer service account,
i and a residential solid waste
collection account, or any of these,
with the city, or upon re-
establishment of such accounts with
the city, the person establishing the
account shall be required to execute
a service agreement and make a
combined account deposit before
commencement of city's service. The
amount of the deposit shall be as
provided in the schedule of fees,
Section 32.1-73.
Upon initial establishment of a
commercial water service account, or
a commercial sewer service account,
or either of these, with the city,
the person establishing the account
shall be required to execute a
service agreement and make a combined
account deposit before commencement
of the City's service. The amount of
the deposit shall be as provided in
the schedule of fees, Section 32.1-
73.
Deposit shall be held either until
three years after establishment of
the account, or until service is
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Ordinance No. 89-3415
Page 8
i
terminated and the account closed,
whichever occurs first. At that
time, the amount of the deposit shall
be credited to the customer's
account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
two-month billing for their account.'
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account.
SECTION VII. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
enacting a new section, Section 33-156, to
read as follows:
Sec. 33-156. Removal of meters.
(a) Whenever a water meter is located in
premises that are to be remodeled,
removed, or destroyed, or where the
service is to be discontinued, the
owner of such premises shall give
notice in writing to the department
of public works requesting removal of
such meters and granting access
thereto to city personnel for that
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Ordinance No. 89-3415
Page 8
i
terminated and the account closed,
whichever occurs first. At that
time, the amount of the deposit shall
be credited to the customer's
account.
(b) A delinquency deposit may be charged
upon repeated delinquency of any
water service account, sewer service
account, and/or residential solid
waste collection account. Upon the
occurrence of a delinquent water
service account, sewer service
account and/or residential solid
waste collection account resulting in
a second delinquency charge in a
calendar year, the consumer shall be
required to make a combined account
deposit which is equal to the average
two-month billing for their account.'
The average two-month billing shall
be based upon the actual billings
during the prior twelve-month period.
If the consumer already has a
combined deposit being held, that
deposit amount shall be increased to
the proper amount for a delinquency
deposit.
Delinquency deposits shall be held
either one year after the
establishment date or one year after
the last occurrence of a charge for
a delinquent account, whichever
occurs last. The deposit shall be
released when service is terminated
and the account is closed. At that
time, the amount of the deposit shall
be credited to the customer's
account.
SECTION VII. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
enacting a new section, Section 33-156, to
read as follows:
Sec. 33-156. Removal of meters.
(a) Whenever a water meter is located in
premises that are to be remodeled,
removed, or destroyed, or where the
service is to be discontinued, the
owner of such premises shall give
notice in writing to the department
of public works requesting removal of
such meters and granting access
thereto to city personnel for that
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Ordinance No. 89-3415
Page 9
purpose. The owner, or the owner's
authorized agent, shall be
responsible for the meter until such
written notice is given and the meter
is recovered. If the meter is
damaged, buried, or lost, the owner
shall be required to pay for the same
at cost less depreciation, and such
amount shall be charged to the
owner's water service account for
that property, or any other active
water service account in the owner's
name.
(b) Prior to removal of a second meter,
the plumbing shall be inspected by
the public works department (water
division) to verify that said
plumbing has been physically altered
so as to thereafter direct all water
through the primary meter.
SECTION VIII. That Chapter 33 of the Code
of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by
enacting a new section, Section 33-167, to
read as follows:
Sec. 33-167. Fees and billing procedure
upon change in tenant account.
When a tenant notifies the city that
he/she is moving and no one has authorized
service to start for a new tenant, the city
shall automatically place the account into
the name of the owner/manager. Billings
generated during the first fifteen (15)
days, after which a rental property account
has been put into the owner's/manager's
name, shall include charges for actual
water usage only; no minimum charges or
refuse charges will be included. In such
instances, the meter(s) need not be
removed, and no reading fee shall be
charged on the automatic return to the
owner's/manager's name. When an
owner/manager receives a bill for water
usage, for the interim period between
tenants, he/she may determine that the bill
should be paid by the tenant and inform the
tenant of his/her responsibility to pay the
bill. Upon written notification from the
owner/agent, the city will transfer the
billed amount to the tenant's account.
SECTION IX. That Chapter 33 of the Code of
Ordinances of the City of Iowa City, Iowa,
be, and the same is hereby amended by
839
Ordinance No. 89-3415
Page 10
repealing subsections (d) and (e) of
Section 33-154, and by renaming said
Section as "Protection of Meters."
SECTION X. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed. These are: (1) Ordinance No.
83-3142, §2D, 8-30-83; (2) Ordinance No.
87-3341, §§2, 3, 4 & 6, 9-8-87.
SECTION XI. SEVERABILITY CLAUSE: If any
of the provisions of this Ordinance are for
any reason declared illegal or void, then
the lawful provisions of this Ordinance,
which are severable from said unlawful
provisions, shall be and remain in full
- force and effect, the same as if the
Ordinance contained no illegal or void
.provisions.
SECTION XII. EFFECTIVE DATE: This
Ordinance shall be in full force and effect
from and after its final passage and
publication as by law provided.
Passed and approved this 16th day of
May, 1989.
kO—RA
ATTEST: 7e 4a,4)
CITY LERK
App
�W)Form
c3/a9/8y
Legal Department
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I
11
i
,
It was moved by Balmer and seconded by Courtney that
the Ordinance as read e—adopted and upon roll call there —were.-
AYES:
ere:
AYES: NAYS: ABSENT:
x
Ambrisco
t.
Balmer
x
Courtney
x
Horowitz
X
Kubby
x
Larson
x
McDonald
I
It was moved by Balmer and seconded by Courtney that
the Ordinance as read e—adopted and upon roll call there —were.-
AYES:
ere:
AYES: NAYS: ABSENT:
x
Ambrisco
x
Balmer
x
Courtney
x
Horowitz
X
Kubby
x
Larson
x
McDonald
First Consideration 5/2/89
Vote for passage: Ayes: Larson, DicDonald, Ambrisco, Balmer,
Courtney, Horowitz, Kubby. Nays: None. Absent: None.
Second Consideration -
Vote for passage:
Date published 5/24/89 —
Moved by Balmer, seconded by Larson, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. Ayes: Larson, McDonald, Ambrisco,
Balmer, Courtney, Hormaitz, Kubby. Nays: None.
Absent: None.
G
I