HomeMy WebLinkAbout1985-01-29 OrdinanceORDINANCE NO.
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED SOUTH AND EAST OF
UNIVERSITY HEIGHTS, WEST OF WOODSIDE DRIVE
EXTENDED, AND NORTH OF MARIETTA AVENUE
EXTENDED EASTERLY TO THE FORMER CRI&P
RAILROAD TRACKS FROM RM -12 AND RM -44 TO
RS -8.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
e ow is hereby reclassified from its
present classification of RM -44 to RS -8,
and the boundaries of -the RS -8 zone as
indicated on the zoning map of the City of
Iowa City, Iowa, shall be enlarged to
include:
All of Lakewood Addition; an Addition
to the City of Iowa City, Iowa,
I according to the plat thereof recorded
in Plat Book 7, Page 18, Plat Records
ilE of Johnson County, Iowa; and
Commencing at the Northwest Corner
of the Southwest Quarter, Section 16 T
79 N, R 6 W of the 5th P.M.; thence
north 1,275.00 feet; thence east
2,636.00 feet to aniron pipe, said
pipe being the N E Cor. of Part One,
Terrace Hill Addition to the City of
Iowa City; thence 586026'00"E, 475.20
feet to the point of beginning, said
point being the NW Cor. of Lot 14,
Part Two, Terrace Hill Addition to the
City of Iowa City; thence north
3034100"E, 75.00 feet; thence
N16032125"W, 146.51 feet; thence
southeasterly 332.39 feet, along a
1,960 foot radius curve concave
northeasterly; thence N86026100"W,
204.65 feet to the point of begin-
ning;
SECTION II. That the property described
be oTw {s hereby reclassified from its
present classification of RM -12 to RS -8,
and the boundaries of the RS -8 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be enlarged to
include:
The property bounded on the north
and west by University Heights, on the
east by the tracks of the former
C.R.I.&P. Ry., and on the south by
Tower Addition to Iowa City and
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Lakewood Addition to Iowa City, such
property being more particularly
described as follows:
The southwest quarter of the
northeast quarter of the northwest
quarter of Section 16, in Township 79
North, Range 6 West of the 5th P.M.
and
Commencing at the Northwest corner
of the Northeast Quarter of Section
16, Township 79 North, Range 6 West of
the 5th Principal Meridian; Thence
N87045'39"W, along the centerline of
Melrose Avenue, 656.58 feet; Thence
S1057'43"E, along the West line of the
East half (1/2) of the -Northwest
Quarter (1/4) of the Northeast Quarter
(1/4) of the Northwest Quarter (1/4),
of said Section 16, 662.71 feet to the
Point of Beginning; Thence
588018'58"E, 606.83 feet to the
Southwesterly Right -of -Way line of the
Chicago, Rock Island, and Pacific
Railroad; Thence S44055 48"E, along
said Railroad Right -of -Way line,
314.93 feet; Thence 55005110016W,
221.97 feet to the Northeast corner of
Lot 5, Lakewood Addition, an addition
to the City of Iowa City, Iowa; Thence
N86026'0011W, 141.30 feet; Thence
551038'00"W, along the Northerly line
of said Lakewood Addition, 75.00 feet;
Thence N66016'00"W, 71.00 feet; Thence
S53012 00"W, 98.80 feet; Thence
553033'00"W, 168.28 feet; Thence
549010'00"W, 98.60 feet; Thence
S47009'00"W, 66.10 feet to the South-
west corner of Lot 1 of said Lakewood
Addition; Thence N87026'00"W, 32.01
feet; Thence N1057'43"W, 657.66 feet
to the Point of Beginning.
SECTION III. The Building Inspector is
hereby au prized and directed t0 change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION IV. The City •Clerk is hereby
authorized and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION V.REPEALER. All ordinances and
pars o or finances in conflict with the
provision of this ordinance are hereby
repealed.
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SECTION VI. SEVERABILITY. If any
section, provision or part of the Ordi-
nance 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 s a e in of ect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Reeeh�rd P. Approved
R. c•. i•. -i J•ne�tnnent
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: Marianne Milkman
Item: Z-8420. Oakcrest Street and Date: December 6, 1984
Woodside Drive
GENERAL INFORMATION
Applicant: Craig Alexander
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
45 -day limitation:
Melrose Lake Community Association
871 Woodside Drive, B-1
Iowa City, IA 52240
Rezoning of RM -12 and RM -44 areas
to RS -8 or appropriate zone.
To reduce traffic congestion and
population density, provide needed
open space and preserve an
environmentally sensitive area.
Area bounded by University Heights
city limits to the north and west,
CRI&P railroad tracks to the east,
and Marietta Street extended
easterly along the southern
boundaries of RM -44 and RM -12
zones north of Woodside Drive and
Tower Court.
21 acres (approx.)
8-16 dwelling units/acre
Undeveloped, multi -family - duplex
single family residential;
RM -12, RM -44
North - single family residential;
University Heights
East - railroad tracks, single
family residential, park;
RS -5, P
South - single family residential,
duplex, multi -family
residential; RS -5, RM -44
West - single family residential;
University Heights
12/31/84
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ANALYSIS
The area for which rezoning is requested is part of the west central
district of Iowa City which is already quite densely populated. The area
includes both single- and multi -family housing and there is a paucity of
open space. It has not been feasible for the City to acquire additional
parkland in the area to date.
The area for which rezoning is requested is best analyzed as three
separate tracts, each of which has distinctive features. As shown in
Attachment 2, Tract A comprises the western part of the request area and
is largely undeveloped, Tract B to the east of A is the Melrose Lake
Apartments Large Scale Residential Development, which is a partially
developed area and includes Melrose Lake; Tract C which makes up the
southeast portion of the request area is a fully developed multi -family
residential area.
Tract A
This area of approximately 8.8 acres, also known as the "Neuzil tract,
includes a ten -unit apartment building, two single family homes and a
is
duplex at the northeast corner of the tract (see Attachment 2).
also a single family home towards the center of the tract. The remainder
of the property is undeveloped and is divided by two large, partially
wooded ravines, and also contains a pond which drains into Melrose Lake.
The tract, currently zoned RM -12, is surrounded on three sides by single
1 family residential areas (zoned RS -5 in Iowa City, single family residen-
tial in University Heights), while the Melrose Lake Apartments (RM -12) and
an RM -44 area are adjacent to the east.
With RM -12 zoning there is a potential for 126 multi -family units in
I addition to the fifteen existing units on Tract A. If the tract is
! multi -family units ineaniareaiwh ch lids alreadyrdenselylpopulated number of
� The issue of access to this tract and of traffic circulation have been
raised several times during the past twenty years, and until the owners of
Tract A determine how this tract will be developed, these issues are
unlikely to be resolved. Iio Iowa City streets provide access to Tract A,
and in previous years University Heights has expressed concern about
traffic congestion if access were to be provided to this tract via
Marietta Avenue, olive Court or Leamer Court. Legally, University Heights
may be required to allow such access; however, regardless of the eventual
access riad(s) to this property, such access is likely to be through one
or more single family residential areas. The result would be the routing
of a considerable amount of traffic (a possible maximum of 1550 trips per
week day distributed on two or more access streets) through single family
areas whose streets currently carry 50-200 trips per day. This is not a
desirable situation.
A reduction in the residential density of this area may increase the
private open space of the area and accommodate development which is
environmentally sensitive to the topography and terrain of the tract. In
addition, because access must be provided through single family areas and
the fact that the tract is surrounded on three sides by single family
residential dwellings, downzoning of most of this tract to RS -8 would be
appropriate. Because of the existing apartment building in the northeast
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corner of the tract (see Attachment 2), this portion of Tract A should
retain the RM -12 zoning. RS -8 zoning for Tract A would be consistent with
the Comprehensive Plan.
Tract B
The current (1984) Large Scale Residential Development (LSRD) plan
amendment for Melrose Lake Apartments shows a total of 68 units on this
tract of 7.4 acres, for an effective density of 9 dwelling units/acre. Of
these units, 30 have been constructed, and two additional buildings with
19 units each are planned. However, the Department of !•later, Air and
Waste Management has determined that one of the additional buildings
cannot be constructed as planned, since it would be located on the dam for
Melrose Lake. At this time, it is not known how many of the 19 units in
the second proposed building can actually be constructed, but it seems
likely that the total additional number of units will be reduced from 38.
The applicants for the rezoning maintain that the potential increase of 38
dwelling units will result in severe traffic congestion and safety hazards
in the area, but no evidence to this effect is presented. In a memo dated
October 31, 1984, which is attached, the Traffic Engineer states that the
additional traffic generated by the proposed Melrose Lake Apartment
development should not create significant traffic problems. The proposed
LSRD plan for Tract B maintains Melrose Lake at virtually its current
size, thus providing approximately three acres of open space on the site.
Construction near the lake would be on areas that are currently mowed
lawns and should not interfere much with the wildlife habitat at the
shores of the lake, except insofar as the increased population density may
scare away the wildlife.
Tract B is bounded by a single family residential area to the north, the
railroad and single family areas to the east, a small high density
multi -family area (Tract C) to the south, and an undeveloped area (Tract
A -proposed RS -8) to the west. The current zoning of RM -12 thus provides
some transition between the single family areas and the high density
multi -family area. Reduction of the zoning density to RS -8, would result
in the existing 30 unit apartment building being nonconforming, and
depending on the size of the dam, would probably permit only six addi-
tional units on this site.
In view of the fact that the retention of the lake and the existing dam
already severely restrict development on this site, and that the effective
density with RM -12 zoning would be 8-9 dwelling units/acre, it is appro-
priate to maintain the RM -12 zoning for Tract Band retain the existing 30
unit apartment building as conforming.
Tract C
This area of approximately 4.6 acres is completely developed with 141
units of multi -family housing at an effective density of 30 dwelling
units/acre. The RM -44 zoning for this area is consistent with its
existing density but is inconsistent with the Comprehensive Plan which
shows a density of 8-16 dwelling units/acre. The Comprehensive Plan
density is appropriate considering the surrounding densities of the RS -5,
RS -8 and RM -12 zones. In order to bring Tract C into closer conformity
with the Comprehensive Plan, it is recommended that this tract be rezoned
to RNC -20. This zoning will retain the conformity of all uses and
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buildings in the zone, and will also ensure that any future reconstruction
will be at or below the existing density which cannot be increased to the
maximum density permitted under the RM -44 zone.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends that Tract A be rezoned from
RM -12 to RS -8 with the exception of the northeast corner which should
remain at RM -12, Tract B retain its RM -12 zoning, and Tract C be rezoned
from RM -44 to RNC -20.
ATTACHMENTS
1. Location map
2. Existing Zoning Map
3. Proposed Zoning Map
4. Statement from applicant
5. Letters from residents %
! 6. Memo from Traffic Engineer. j
Approved by:
60 l Sctmei ser, Director
i Department of Planning and
Program Development
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Z-8420 EXISTING ZONING
- r-) f) e) q. r. r r 1 -r
L
RM
T
The Melrose Lake Area is currently zoned RM -12 and RM -44. RN -12
is the maximum density allowable under the 1983 Comprehensive Plan;
RM -44 is in violation of this plan. This tract is bounded on the
north and west by University Heights. The southern border is
bounded by RS -5 and RS -8 (Tower Court and Woodside Drive
neighborhoods), and the eastern border is bounded by RS -5 (Brookland
Park neighborhood). The only access is through the Woodside Drive
neighborhood (RS -8).
Briefly, our major concerns are:
1) Traffic Congestion
Traffic congestion and the inadequate street system in this area
have been recognized as major concerns for the city. In the 1970's, city
planner Richard Royce stated in the Iowa City Press Citizen that the
Melrose take and Neuzil properties are ill-suited for multi -family deve-
lopments. The city planner additionally stated that traffic circulation
patterns are improper for this type of use. Yet for reasons unclear, the
properties were zoned for multi -family in 1962. That was "an inappro-
priate zoning classification for the area." This problem is further
compounded by the fact that there is only one access to the tract. An
early developer, Bob Thompson, would have been required to provide a
second access by re -connecting Woodside Drive to Oakcrest had he deve-
loped the property. This street plan was demanded "to prevent further
congestion on an admittedly inadequate street system." Iowa City Press
Citize , July 5, 1982. Today, due to the increased density and develop-
ment in the area, single access presents even greater traffic problems
than those previously recognized by City Council in 1972.
These streets serve duplex and single-family dwellings. Roosevelt
Elementary School, Beverly Manor Nursing Hone, and Oaknoll Nursing Hone
are located in this neighborhood. The increased traffic that would be
forced to travel these roads due to the limited access presents a tremen-
dous safety hazard for the small children, the elderly, and other
neighbors in the area.
2) Current Density Allowances Have Created a Lack of Open Space
According to the 1984 Neighborhood Open Space Plan, the Melrose Iake
district suffers from an 11.26 acre deficit of open space. The concern
for retaining open space in this area dates back to the early 701s:
Page Two
The Parks and Recreation Commission recognized "the desirabil-
ity of retaining open space in the densely populated apartment
district where the lake is located." Iowa c f.. Press Citizen,
May 15, 1972.
Johnson Co. Regional Planning Director, Robert Hilgenberg,
sated "There is a 'oompelling need for open space contiguous
to this densely populated area. Iowa
v Press Citizen,
June 1, 1972.
Lower density zoning would help alleviate this problem.
3) This Is An Environmentally Sensitive Area
Erosion, drainage and flooding are long standing problems of this
Lake itselfisuned ique to the city ent can and isdato thesevaluablproblems.
ornmunity asset.
Decreased density would help preserve the character of the lake and
local wildlife. This would also decrease added expenses to the city for
electrical, sewer and water service, and prevent future flooding and
drainage problems for Brookland Park and Benton Street neighborhoods.
4) Demand For Multi -Family Housing Has Substantially Declined.
There are currently several vacant apartments in this area. This is
due to the recent boon in Iowa City apartment construction. Furthermore,
recent studies suggest that University of Iowa enrollment will decline in
the near future. Therefore, there is no longer a demand for multi -family
housing in this area.
5) Further construction of Multi -Family Dwellings Will Decrease Local
Property values.
Due to the above problems created by additional multi -family
development local property values can be expected to decline.
rh,r Recuea
To alleviate these problems and bring this area into conformity with
the
property rtehorato awe iloorr aszoningcto meet=theseineeds.reone this
&rat"itm
To allow adequate time for consideration of our request, vie indepen-
dently ask that a moratorium on any further building in this area be
declared as soon as possible.
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Page Two
The Parks and Recreation Commission recognized "the desirabil-
ity of retaining open space in the densely populated apartment
district where the lake is located." Iowa c f.. Press Citizen,
May 15, 1972.
Johnson Co. Regional Planning Director, Robert Hilgenberg,
sated "There is a 'oompelling need for open space contiguous
to this densely populated area. Iowa
v Press Citizen,
June 1, 1972.
Lower density zoning would help alleviate this problem.
3) This Is An Environmentally Sensitive Area
Erosion, drainage and flooding are long standing problems of this
Lake itselfisuned ique to the city ent can and isdato thesevaluablproblems.
ornmunity asset.
Decreased density would help preserve the character of the lake and
local wildlife. This would also decrease added expenses to the city for
electrical, sewer and water service, and prevent future flooding and
drainage problems for Brookland Park and Benton Street neighborhoods.
4) Demand For Multi -Family Housing Has Substantially Declined.
There are currently several vacant apartments in this area. This is
due to the recent boon in Iowa City apartment construction. Furthermore,
recent studies suggest that University of Iowa enrollment will decline in
the near future. Therefore, there is no longer a demand for multi -family
housing in this area.
5) Further construction of Multi -Family Dwellings Will Decrease Local
Property values.
Due to the above problems created by additional multi -family
development local property values can be expected to decline.
rh,r Recuea
To alleviate these problems and bring this area into conformity with
the
property rtehorato awe iloorr aszoningcto meet=theseineeds.reone this
&rat"itm
To allow adequate time for consideration of our request, vie indepen-
dently ask that a moratorium on any further building in this area be
declared as soon as possible.
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"Ity of Iowa City
MEMORANDUM
Date: October 31, 1984
To: Marianne Milkman, Associate Planner
From: James Brachtel, Traffic Engineer
Re: Melrose Lake Apartments
This is to respond to your request for an evaluation of the situation at
the Melrose Lake Apartments. The Institute of Transportation Engineers
has developed estimates for the amount of trips generated by different
types of land use. In their listing for apartments, they would suggest
that the average apartment would generate 6.1 trips per weekday, with a
maximum of 12.3 trips per day. Using the average number, it would suggest
that an additional 232 trips will be generated by the proposed 38
additional units. An upward limit for this development would be 468
additional trips per average weekday. It is my opinion that the addition
of 468 vehicles per weekday will not create a significant problem at the
intersection of Greenwood Drive and Woodside Drive. This number would be
the maximum that would be estimated based on this land use. It is quite
possible that the number of trips generated on an average weekday would be
less in the proximity to the medical and sports complexes of the
University.
Should you have additional questions or comments regarding this, please
don't hesitate to contact me.
bc3
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CONCERNS OF MELROSE LAKE AREA RESIDENTS:
1. Traffic Congestion
The proposed additional apartment units would create a traffic flow too
great for the existing street system as there is only one access road,
Woodside Drive, into the Melrose Lake area. Traffic congestion and the
inadequate street system in this area have been recognized as major
concerns for the city since the first plan for Melrose Lake Apartments was
submitted in 1971, calling for the construction of 90 units. Newspaper
articles indicate that the final street plan approved by City Council in
1972 would have required a second access by re -connecting Woodside Drive to
Oakcrest. This street plan was demanded "to prevent further congestion on
an admittedly inadequate street system". Iowa City Press Citizen, July 5,
1962.
Today, due to the increased density and development in the area, single
access presents even greater traffic problems than those previously
recognized by City Council in 1972.
2. Preservation of the Environmentally -Sensitive Lake Area
To protect the quality of life and the character of the community by
preserving the lake area and the surrounding open space. Further
development will have detrimental effects on the wildlife. According to
the Neighborhood Open Space Plan, the Melrose Lake area district suffers
from an 11.26 acre deficit of open space. The concern for retaining open
space in this area dates back to the early 70's:
The Parks and Recreation Commission recognized "the desirability of
retaining open space in the densely populated apartment district where the
lake is located." Iowa City Press Citizen, May 15, 1972.
Johnson Co. Regional Planning Director, Robert Hilgenberg, Stated "There is
a 'compelling need for open space contiguous to this densely populated
area"'. Iowa City Press Citizen, June 1, 1972.
3. n number of issues need to he discussed concerning drainage in and around
Melrose Lake.
First, there are the Problems associated with the actual draining or
lowering of the lake. The increased water flow will cause a number of
flooding problems. In Brookland Park, a great deal of damage will probably
be caused to grass, shrubs, and trees. The last time the lake was drained
a great deal of re -sodding and planting had to take place.
In addition, the sidewalk that traverses the park was covered with mud,
and the bridge over the creek had to be replaced. The current culvert
through which the creek passes under the sidewalk is Questionable as to its
ability to handle the water flow. This means that the sidewalk, a major
pedestrian corridor, will be blocked.
In addition, there will be a cost to the city for cleanup and repair
of the park.
Downstream, the increased water flow will present a number of problems.
First, the flow of water though the inadequate drainage system in this area
will present a hazard to children in the area. Residents of this neighbor-
hood have expressed concern that higher water flow will endanger the lives
+ of children playing adjacent to the drainage system.
In addition, as clippings from the Iowa City Press -Citizen of that era will
attest to, draining the lake caused a great deal of flooding to homes and
f businesses in the lower Benton Street area, causing a great deal of damage
and cost to owners of property and businesses in the area.
If the developer is allowed to drain the lake in any manner, arrangements
should be made that the property owner shall reimburse any costs to the city
I and property owners downstream caused by development of his property, Melrose
Lake.
In addition to the flooding that will occur if the lake is drained, there
are a number of environmental issues that must be addressed. f.
The lake and surrounding environs, much of which is owned by other property
owners, are home to a large number of animals, including a stable population
of muskrats, beavers which winter 1n the area, and game fish which are stocked
by private individuals. There are also a number of additional species found '
in this ecosystem such as frogs, additional fish species, snakes, numerous
varieties of protozoa and algae.
Migratory waterfowl also visit the lake in small numbers during the fall
minration patterns.
When the lake was originally drained, the wildlife was severely impacted,
and example of which was the small population of hawks and owls that lived
in the area prior to draining of the lake. After draining, these animals
j disappeared and have never reestablished themselves in the area.
Naturally, all marine life was devastated when drainage occurred and it
is only in recent years that some species, such as the muskrats, have been
able to stabilize their populations.
In addition to the aesthetic value received by the lake and its wildlife,
the city has indicated through its desire that the lake should remain an
entity, that Melrose lake has some value and contributes to the well-being of
the city. An injury suffered by the late affects the value of the lake to
the city.
If the lake is drained and refilled and the area is developed there are
a number of run-off issues that must be addressed.
Each time you erect a building you replace green space, which has a
capacity to absorb rain and run-off with roof and concrete which have no
absorptive capacities, and in fact have the opposite effect.
Water flowing off roofs and concrete areas is pushed immediately into the ..
drainage system, dramatically decreasing the amount of time it takes run-off
to arrive downstream.
This has several ramifications for the Melrose Lake drainage basin and
areas downstream from it.
of the approximately 67 acres comprising the Melrose Lake drainage area,
most is already composed of large areas of roof and concrete areas, such as
roads, parking lots, etc.
Most of the run-off produced is immediately pushed downstream arriving
there within an extremely short period of time.
An increase in roof and concrete surfaces will severely exacerbate the
drainage problems in this area. A significant increase in run-off will be
generated with a shortened arrival time downstream.
The effect of this can be observed in the lower Benton Street area during
or immediately after a heavy rainfall. While the lake does have some storm
water holding capacity, it is very limited, as the lake automatically drains
itself once it reaches a certain level. An increase in run-off into the lake
will shorten the amount of time it takes for the lake to reach its overflow
Point.
Any filling of the lake will decrease the storm water holding capacity
of the lake, which means an increase in the amount of run-off received
downstream, and a shortened arrival time of that run-off.
Residents of the lower Benton Street area have expressed concern over
run-off from Melrose Lake on two points.
First is the increased flooding that has occurred. While some members
of the city staff may not concur, residents say there has been an increase
in run-off since the lake was drained and partially filled.
Secondly, since the lake has been equipped with an automatic overflow
valve, there have been constant, periodic flows of water apparently originating
at Melrose Lake.' These bursts of run-off while occurring constantly over a
number of years, are unpredictable as to their exact time.
As expressed earlier, these water surges present a hazard to residents
of this area, especially small children who play in the area.
While the city has expressed a desire to remodel the culvert system in
this area, it is several years in the future before this will occur.
In the meantime an increased hazard will have been created, with remedy
a number of years in the future.
AP_
A
RESIDENTS REQUEST:
A. The area is presently zoned at the maximum density allowed by the
Comprehensive Plan. The area should be down -zoned to the least
permissible density allowed by the Comprehensive Plan for the
following reasons:
1. Additional apartment units would increase the traffic traveling
the already inadequate streets.
2. The area is bordered by RS -5 and RS -8 zoning.
3. To retain needed open space in an admittedly deficient area.
4. A down -zoning would still allow for development potential by the
property owner.
5. In the 1970's, city planner, Richard Royce, stated in the Iowa
City Press Citizen that the Melrose Lake and Neuzil properties are
ill-suited for multi -family developments. Yet for reasons
unclear, the properties were zoned for multi -family in 1962. That
was "an inappropriate zoning classification for the area".
B. Alternatively, the surface area of the lake should not be used for
density calculations:
1. Melrose Lake is spring fed and serves as a natural drainage area.
It is unrealistic that a developer would find it economically
feasible to drain the lake and use it as a building site.
2. This begs the question of why a developer who creates a lake must
exclude the surface area from his density calculation when a
pre-existing lake must be included in the calculation.
3. Presently the access road is also included in the density
calculations when future development in the area may necessitate
this road becoming a public street.
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ORDINANCE NO. _
ORDINANCE AMENDING THE ZONING ORDINANCE BY
CHANGING THE USE REGULATIONS OF CERTAIN
PROPERTY LOCATED IN THE 1500 BLOCK ON THE
EAST SIDE OF SOUTH GILBERT STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
SECTION I. That the property described
below is hereby reclassified from its
present classification of CI -1 to CC -2 and
the boundaries of the CC -2 zone as
indicated upon the zoning map of the City
of Iowa City, Iowa, shall be changed to
include the property located in the 1500
block on the east side of South Gilbert
Strept:
Commencing as a point of reference at
the Northeast Corner ofthe Southwest
Quarter of Section 15, Township 79
North, Range 6 West of the Fifth
Principal Meridian, Johnson County,
Iowa; Thence South 0021'20" East along
the Easterly line of Government Lot 4
extended 1,329.6 feet to the Northeast
Corner of Government Lot 4 (this is an
assumed bearing for purposes of this
description only); Thence continuing
South 0021'20" East, 759.00 feet along
the Easterly line of said Government
Lot 4 to a point; Thence South
89034110" West, 332.00 feet to the
Point of Beginning; Thence South
89034110" West, 345.70 feet on the
North line of Sand Lake Addition, Iowa
City, Iowa, as recorded in Plat Book
10, page 23, Johnson County Recorder's
Office, Johnson County, Iowa; to the
Easterly Right -of -Nay line of South
Gilbert Street; Thence Northeasterly
259.66 feet on a 1,015.83 foot radius
curve concave Southeasterly, whose
258.95 foot chord bears North
21041112" East, and along the Easterly
Right -of -Nay line of South Gilbert
Street; Thence North 89058149" East,
248.64 feet; Thence South 0021'20"
East, 238.12 feet parallel with the
Easterly line of said Government Lot
4, to the Point of Beginning.
/,0
2
SECTION H. The Building Inspector is
hereby authorized and directed to change
the zoning map of the City of Iowa City,
Iowa, to conform to this amendment upon
the final passage, approval and publica-
tion of this ordinance as provided by law.
SECTION III. The City Clerk is hereby
au orize and directed to certify a copy
of this ordinance to the County Recorder
of Johnson County, Iowa, upon final
passage and publication as provided by
law.
SECTION IV. REPEALER. All ordinances and
parts of or finances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any section,
provision or part 0 t e Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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
Or mance sha be in effect after its
final passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
i
i
Recofvpri P, ApPrav,�d
STAFF REPORT
To: Planning and Zoning Commission
Item: Z-8421. W.A. Gay & Company
1500 Block South Gilbert St.
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Comprehensive Plan:
Existing land use and zoning:
Surrounding land use and zoning:
Prepared by: Marianne Milkman
Date: December 20, 1984
W.A. Gay & Company
1421 Waterfront Drive
Iowa City, Iowa 52240
Rezoning from CI -1 to CC -2.
Construction of Aldi Food Store.
1500 block on east side of South
Gilbert Street.
1.66 acres.
Intensive commercial.
Undeveloped; CI -1.
North - commercial; CC -2.
East - commercial; CI -1, CC -2.
South - commercial, multi -family
residential; CI -1.
West - commercial; CI -1, CC -2.
45 -day limitation period: 1/21/85
ANALYSIS
The applicant wishes to have the property rezoned from CI -1 to CC -2 in order
to construct an Aldi grocery store. Most of the property for which rezoning
is requested is located in the 100 -year flood plain of the Iowa River. The
property is undeveloped and very low-lying; surrounding properties and the
road are built up 3-4 feet above the subject property.
The intent of the CI -1 zone is to provide areas for sales and service
functions and businesses where operations are typically characterized by
outdoor display, storage, and/or sale of merchandise, motor vehicle repair
and operations in buildings or structures not completely enclosed. However,
permitted uses also include offices, restaurants, furniture stores, etc. The
CC -2 zone is intended as a major business district for retail uses and large
traffic generators requiring access from major thoroughfares.
The subject property is at the boundary of the CI -1 and CC -2 zones (see
Attachment 1). A grocery store would be compatible with the surrounding uses
of the CI -1 and CC -2 zones. These uses are: to the west - a furniture
store, travel agent, realtor, bank; to the north - two restaurants; to the
east - a food locker and restaurant; and south - office, multi -family
N
residential, auto service and appliance center uses. Gilbert Street is a
major thoroughfare, and provides adequate access for a use such as a grocery
store which is heavily auto -oriented.
The construction of almost any use on this site will require considerable
fill or flood -proofing because of the floodplain location. The proposed
grocery store will be approximately 9,600 square feet in size which leaves
adequate parking space on this lot. A use which requires a large amount of
parking is appropriate in a floodplain location since less fill and/or
flood -proofing will be required.
Because of the location on a major thoroughfare, the nature of the surround-
ing uses in both the CI -1 and CC -2 zones, and the proximity to CC -2 zoning
and uses, rezoning of the subject property from CI -1 to CC -2 would be
appropriate. An amendment to the Comprehensive Plan would not be required,
since the lot is at the border of the CI -1 and CC -2 zones whose boundaries
are considered to be somewhat flexible. However, the food locker immediately
east of the property should remain at CI -1 in order to be conforming (See
Attachment 3).
STAFF RECOMMENDATION
Based on the above analysis, staff recommends that rezoning of the property
in the 1500 block of South Gilbert Street from CI -1 to CC -2 be approved.
ATTACHMENTS
1. Location map.
2. Site plan.
3. Map of proposed zoning.
4. Applicant's petition.
I
Approved by: T /�
nald hmeiser, Director
Department of Planning
and Program Development
I
AM
i
ATTACH14ENT 1
Z 8�tzl �OCf11 Ort MRP
S1rE PLAN
ATTACHMENT 2
R
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ATTACHMENT 3
2--8421 Pi?oeost:jb Zotj,,l,
Area for proposed rezoning
CI -1 to CC -2
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a.
ATTACHMENT 3
2--8421 Pi?oeost:jb Zotj,,l,
Area for proposed rezoning
CI -1 to CC -2
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ATTACHMENT 4
PETITION
TO: Honorable Mayor, City Council and Planning 6 Zoning Commission
of the City of Iowa City, Iowa.
COMES NOW the undersigned, W. A. Gay d Company, by and trhough
their attorneys, Honohan, Epley, Haymond S Braddock, and for Petition
j to the City Council and Planning 6 Zoning Commission of the City of
i
i
1 j Iowa City, Iowa, respectfully states as follows:
1. That they are the owners of the following described real
i
estate located in Iowa City, to -wit:
Commencing as a point of reference at the Northeast
Corner of the Southwest Quarter of Section 15, Township
79 North, Range 6 West of the Fifth Principal Meridian,
Johnson County, Iowa; Thence South 021'20" East along
the Easterly line of Government Lot 4 extended 1,329.6
feet to the Northeast Corner of Government Lot 4 (This
i is an assumed bearing for purposes of this description
only); Thence continuing South 0'21'20" East, 759.00
feet along the Easterly line of said Government Lot 4 to
a point; Thence South 89834'10" West, 332.00 feet to the
Point of Beginning; Thence South 89'34'10" West, 345.70
feet on the North line of Sand Lake Addition, Iowa City,
Iowa as Recorded in Plat Book 10, Page 23, Johnson County
Recorder's Office, Johnson County, Iowa, to the Easterly
Right -of -Way line of South Gilbert Street; Thence
Northeasterly 259.66 feet on a 1,015.83 foot radius curve
concave Southeasterly, whose 258.95 foot chord bears
North 21'41'12" East, and along the Easterly Right -of -Way
line of South Gilbert Street; Thence North 89 58'49"
East, 248.64 feet; Thence South 0'21'20" East, 238.12
feet parallel with the Easterly line of said Government
Lot 4, to the Point of Beginning. Said tract containing
72,490 square feet more or less and is subject to
easements and restrictions of record.
2. That pursuant to the Municipal Code of the City of Iowa City,
I
Iowa, the Petitioners submit this Application for Rezoning from the
present zone of CII to CC2 zoning.
3. In support of said Petition, Petitioners state that the real
estate is to be used as the site of a grocery store. Said grokeVry P R E D i
��UUjj'' i
DFC 5 ]984
MARIAN K. KARR
CITY CLERK (3)
Page Two
store use in compatible with the other uses in the neighborhood which
include a grocery store, a locker plant, restaurants, a bank and other
service related businesses. That said property is suitable for CC2
zoning because of its location and that the said zoning would be
beneficial to the neighborhood and would be the extension of the
existing CC2 zone approximately 258 feet to the south along Gilbert
Street.
4. That the names and addresses of all abutting property owners
are:
City of Iowa City
Schintler Bros.
Civic Center
1550 S. Gilbert Ct.
Iowa City, IA
Iowa City, IA
Duane Riggenback
State U of I Foundation
20 Arbor Hill Circle
University of Iowa
Iowa City, IA
i
Iowa City, IA
David Braverman
John Stevens, Jr.
334 Hutchison
2017 Rochester Ct.
Iowa City, IA
Iowa City, IA
Pat Moore
Kenneth Dreusicke
152 Bowling Green P1.
2011 Rochester Ct.
Iowa City, IA
Iowa City, IA
B'nai B'rith Hillel Foundation
H 6 C Investment Partnership
122 R. Market
1519 S. Gilbert St.
Iowa City, IA
Iowa City, IA
5. That attached to this Petition are
copies of the following
plats:
a. A plat showing the real estate
i
proposed to be rezoned
outlined.
I
b. A location map generally showing the area as related to
the overall layout of the City of Iowa
City.
Oj
DEC 5 ]984
MARIAN K. KARR
CITY CLERK
(3)
I
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Page Three
WHEREFORE, the Petitioners respectfully request of the City
Council and Planning 6 Zoning Commission of the City of Iowa City,
Iowa, to set this matter on their agendas and give the matter their
consideration, prescribe the necessary hearings thereon, make all
appropriate studies and after due consideration, adopt an Ordinance
rezoning said real estate as requested.
Respectfully submitted,
J
EPLEY, HAYMOND 6 BRADDOCK
HONORANCourt Street
ty, Iowa 52240
ATTORNEYS FOR PETITIONERS
I
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i DEC 51984
MARIAN K. KARR
CITY CLERK (3)
AW
/ P-
/gY
I
ORDINANCE NO.
AN ORDINANCE VACATING THE ALLEY ABUTTING
THE NORTH LINE OF BLOCK 4, LYON'S FIRST
ADDITION.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY:
SECTION 1. VACATION. That the platted
alley abutting the north line of Lots 1-4
in Block 4, Lyon's First Addition to Iowa
City, Johnson County, Iowa, is hereby
vacated for street purposes with existing
storm sewer and sanitary sewer easements
maintained.
SECTION 2. REPEALER: All ordinances and
pars of or inances in conflict with the
provision of this ordinance are hereby
repealed.
SECTION 3. SEVERABILITY: If any section,
provision or part of the Ordinance shall
be adjudged to be invalid or unconstitu-
tional, 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 4. EFFECTIVE DATE: This Ordi-
nance shall be in effect after its final
passage, approval and publication as
required by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
that the Ordinance as read be adopted and upon ro t—T1�T�>Fere
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
_ MCOONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
i
It was moved by and seconded by
that the Ordinance as read be adopted and upon ro t—T1�T�>Fere
were:
AYES: NAYS: ABSENT:
AMBRISCO
BAKER
DICKSON
ERDAHL
_ MCOONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
i
a
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My of Iowa City"
MEMORANDUM
Date: January 10, 1985
To: Planning 8 Zoning Commission
From: Marianne Milkman, Planner 9
Re: V-8405. Corrective Ordinance to Vacate the North Alley of
Block 4, Lyon's First Addition
According to a Quit Claim Deed dated 12/26/13, the City disposed of
certain property, including Maiden Lane right-of-way and some additional
property not required for the reconstruction of Gilbert Street, to Capitol
Implement Company, Inc. This Quit Claim Deed includes disposal of "the
Fplatted ally
irstAdditio�
n has Dtwo allock leyso(see FAttachment irst �A), and �the QuitkClaim yDeed
does not specify the northern or southern alley, Mr. Michael Kennedy,
acting for Capitol Implement Company, Inc., has requested that the Deed be
corrected to specify the northerly platted alley.
Although an agreement with the Capitol Implement Company, Inc. for
purchase of this property refers to the northerly alley, there are no
records in the City or Courthouse offices indicating that this northern
alley was ever vacated by the City. The City therefore needs to vacate
this alley, which in effect is already the property of Capitol Implement
Company, Inc., prior to amending the Quit Claim Deed as requested by Mr.
Kennedy.
Staff recommends that the corrective ordinance vacating the northerly
platted alley of Block 4, Lyon's Firstddition., be approv
Approved by:4Don
Schm 1serDirectorment of Planning and
Program Development
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-VYACATED ALLEY 100
EXISTING ELECTRIC �� fi'i,
TRANSMISSION LINE I 107
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DATE 7"8'82 PROPOSED LOCA
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'Ity of Iowa City
MEMORANDUM
Date: January 10, 1985
To: Planning & Zoning Commission
From: Marianne Milkman, Associate Planner I"
Re: CZ -6501. Rezoning of 5.0 acres from Al to A2 in Johnson County
The County has received a request from Barbara J. Yoder for the rezoning of
of 5.0 acres northeast of Iowa City from Al (Rural) to A2 (Resort). The
property consists of a 5.0 acre tract located on the north side of Rapid
Creek Road approximately 0.7 miles east of the intersection with Highway 1.
The property in question is included in Area 4 of the Johnson County/Iowa
City Fringe Area Policy Agreement.
Section IIA.3 of the Agreement states "Each request for zoning of property
within areas specified in this Agreement will be forwarded to the City for
review and comment prior to the public hearing before the County Zoning
Commission. Any zoning change will conform with the policies identified for
the area in which the requested changes is located." The policy for Area 4
is that "Residential development in this area should be discouraged, and
encouraged to take place in Area 3 and other parts of the County zoned for
residential development. Residential uses for farm family purposes will be
considered depending on soil and site conditions."
Since the requested rezoning is not for a residential use for farm family
purposes, the staff finds that the requested zoning is inconsistent with the
policy stated for Area 4.
=�
Approved by: d
PepA
Sc meiser, Director
artment of Planning and
Program Development
bdw3/2
i
I
'Ity of Iowa City
MEMORANDUM
Date: January 10, 1985
To: Planning & Zoning Commission
From: Marianne Milkman, Associate Planner I"
Re: CZ -6501. Rezoning of 5.0 acres from Al to A2 in Johnson County
The County has received a request from Barbara J. Yoder for the rezoning of
of 5.0 acres northeast of Iowa City from Al (Rural) to A2 (Resort). The
property consists of a 5.0 acre tract located on the north side of Rapid
Creek Road approximately 0.7 miles east of the intersection with Highway 1.
The property in question is included in Area 4 of the Johnson County/Iowa
City Fringe Area Policy Agreement.
Section IIA.3 of the Agreement states "Each request for zoning of property
within areas specified in this Agreement will be forwarded to the City for
review and comment prior to the public hearing before the County Zoning
Commission. Any zoning change will conform with the policies identified for
the area in which the requested changes is located." The policy for Area 4
is that "Residential development in this area should be discouraged, and
encouraged to take place in Area 3 and other parts of the County zoned for
residential development. Residential uses for farm family purposes will be
considered depending on soil and site conditions."
Since the requested rezoning is not for a residential use for farm family
purposes, the staff finds that the requested zoning is inconsistent with the
policy stated for Area 4.
=�
Approved by: d
PepA
Sc meiser, Director
artment of Planning and
Program Development
bdw3/2
:ity of Iowa City
MEMORANDUM
Date: January 23, 1985
To: City Council
From: Marianne Milkman, Planner vtt
Re: CZ -8501. Request for Rezoning Property from A-1 to A-2 in Area 4 of
the Iowa City/Johnson County Fringe Area
This is to provide you with some additional information relating to the
original request from Ms. Yoder to -rezone five acres north of Rapid Creek
Road and approximately 0.7 mile east of Highway 1 from A-1 (Rural) to A-2
(Resort).
1. The Johnson County Zoning Commission recommended denial of this request
on January 14, 1985.
2. Ms. Yoder has now changed her application to request the rezoning for
only one acre instead of five acres, and the Johnson County Zoning
Commission will reconsider the request on February 11, 1985.
3. The Planning and Zoning Commission found the original request to rezone
five acres from A-1 to A72 not inconsistent with the Johnson County/Iowa
City Fringe Area Policy Agreement for Area 4 for the following reasons:
a. The rezoning would not "encourage residential development", rather it
would permit a reasonable use (as a health resort) of a very large
existing single-family home.
b. The land in question has not been. in agricultural use for many
years.
c. Ms. Yoder indicated that the proposed use would not increase the
residential use of the property; i.e. the number of persons and
traffic generated by the proposed use would be approximately equiva-
lent to that of a large family residing in an eight bedroom house.
bj3/3
Y7
I
i
i
I
I�y
)
I
I
I
�
I'
:ity of Iowa City
MEMORANDUM
Date: January 23, 1985
To: City Council
From: Marianne Milkman, Planner vtt
Re: CZ -8501. Request for Rezoning Property from A-1 to A-2 in Area 4 of
the Iowa City/Johnson County Fringe Area
This is to provide you with some additional information relating to the
original request from Ms. Yoder to -rezone five acres north of Rapid Creek
Road and approximately 0.7 mile east of Highway 1 from A-1 (Rural) to A-2
(Resort).
1. The Johnson County Zoning Commission recommended denial of this request
on January 14, 1985.
2. Ms. Yoder has now changed her application to request the rezoning for
only one acre instead of five acres, and the Johnson County Zoning
Commission will reconsider the request on February 11, 1985.
3. The Planning and Zoning Commission found the original request to rezone
five acres from A-1 to A72 not inconsistent with the Johnson County/Iowa
City Fringe Area Policy Agreement for Area 4 for the following reasons:
a. The rezoning would not "encourage residential development", rather it
would permit a reasonable use (as a health resort) of a very large
existing single-family home.
b. The land in question has not been. in agricultural use for many
years.
c. Ms. Yoder indicated that the proposed use would not increase the
residential use of the property; i.e. the number of persons and
traffic generated by the proposed use would be approximately equiva-
lent to that of a large family residing in an eight bedroom house.
bj3/3
Y7
ORDINANCE NO. 85.3223
AN ORDINANCE AMENDING ORDINANCE NO.
84-3166, THE IOWA CITY PLUMBING CODE, BY
ADOPTING APPENDIX C OF THE UNIFORM
PLUMBING CODE, 1982 ADDITION, AND AMENDING
CERTAIN SECTIONS OF THE IOWA CITY PLUMBING
CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF IOWA
CITY, IOWA:
SECTION I. PURPOSE. The purpose of
this ordinance is to amend the 1982
Edition of the Uniform Plumbing Code
previously adopted as the Iowa City
Plumbing Code (Ordinance No. 84-3166) in
order to provide for more effective
enforcement of the Plumbing Code.
SECTION II. ADOPTION. Section II of
Ordinance No. is hereby deleted
and the following is adopted in lieu
thereof: Subject to the amendments
described in Section III, below, and in
Section III of Ordinance No. 84-3166,
Chapters 1 through 13, and Appendix C, of
the 1982 Edition of the Uniform Plumbing
Code promulgated by the International As-
sociation of Plumbing and Mechanical
Officials are hereby adopted, and shall be
known as the Iowa City Plumbing Code, or
the Plumbing Code.
SECTION III. AMENDMENTS. The Plumbing
Coe is hereby amen a as ollows:
1. Section 401(a) is amended by deleting
subsection (2) and adding a new
subsection (2) reading in its entirety
as follows:
(2) ABS and PVC pipes and fittings
shall be marked to show confor-
mance with the standards in the
code. ABS and PVC installations
are limited to construction not
exceeding the following condi-
tions:
(A) No vertical stack shall exceed
thirty-five feet in height. No
horizontal branch shall exceed
fifteen feet in length.
(B) All installations shall be made
in accordance with the manufac-
turer's recommendations.
(C) Installations shall not be made
in any space where the surround-
ing temperature will exceed 1400
or in any construction or space
where combustible materials are
ao�
Ord in, a No. 89_3223
Page 2
prohibited by any applicable
building code or regulation or in
any licensed institutional
occupancy except where special
conditions require other than
metal pipe, i.e., in acid waste
or deionized water systems,
plastic pipe and other materials
may be approved by the adminis-
trative authority.
(0) No plastic pipe shall be installed
underground.
NOTE: Installation of ABS and PVC
piping beyond the limits of (A) may be
approved by the administrative
authority for a particular case when
certified by a professional engineer.
2. Table 4-3 is amended 'by deleting
reference to footnote 3 for vent
piping maximum units of 1-1/2 inch
(38.1 nm) pipe size.
3. Section 502 is amended by deleting
subsection (a) and adding new subsec-
tions (a), (c) and (d) as follows:
(a) No vent will be required on a
three-inch basement floor drain
provided its drain branches into
the house drain on the sewer side
at a distance of five feet or
more from the base of the stack
and the branch line to such floor
drain is not more than 12 feet in
length.
(c) In single- and two-family
dwellings no vent will be
required on a two-inch basement P
trap, provided the drain branches
into a properly vented house
drain or branch three inches or
larger, on the sewer side at a
distance of five feet or more
from the base of the stack and
the branch to such P trap is not
more than eight feet in length.
In buildings of one interval,
where only a lavatory, sink or
urinal empties into the stack,
the five foot distance from the
base of the stack does not
apply.
Ordin a No. 85-3223
Page 3
(d) Where permitted by the Adminis-
trative Authority, vent piping
may be omitted on basement water
closets in remodeling of existing
construction only.
4. Section 503(a) is amended by deleting
subsection (2) and adding a new
subsection (2) reading in its entirety
as follows:
(2) ABS and PVC pipes and fittings
shall be marked to show confor-
mance with the standards in the
Code. ABS and PVC installations
are limited to construction not
exceeding the following condi-
tions:
(a) No vertical stack shall
exceed thirty-five feet in
height. No horizontal branch
shall exceed fifteen feet in
length.
(b) All installations shall be
made in accordance with the
manufacturer's recommenda-
tions.
(c) Installations shall not be
made in any space where the
surrounding temperature will
exceed 1400 or in any con-
struction or space where
combustible materials are
prohibited by any applicable
building code or fire
regulation or in any
licensed institutional
occupancy except where
special conditions require
other than metal pipe, i.e.
in acid waste or deionized
water systems, plastic pipe
or other materials may be
approved by the administra-
tive authority.
(d) No plastic pipe shall be in-
stalled underground.
NOTE: Installation of ABS and PVC
piping beyond the limits of (a) may be
approved by the administrative
authority for a particular case when
certified by a professional engineer.
5. Section 613 is amended by adding a new
subsection (d) to read as follows:
020
Ordin, a No. 8S-3223
Page 4
(d) The following wet venting
conditions are given as examples
of common conditions used in
residential construction which
are allowed under this code,
provided the piping sizes are
maintained as required by other
sections of this code and the wet
vented section is vertical.
(1) Single bathroom groups. A
group of fixtures located on
the same floor level may be
group vented but such in-
stallations shall be subject
to the following limita-
tions:
(a) Two fixtures with a
combined total of four
fixture units may drain
into the vent of a three
inch closet branch.
(b) One fixture of two or
less units may drain
Into a vent of a one and
one-half inch bathtub
waste pipe.
(c) Two fixtures of two or
less units each may
drain into the vent of a
two-inch bathtub waste
serving two or less tubs
providing that they
drain into the vent at
the same location.
(2) A single bathroom group of
fixtures on the top floor
may be installed with the
drain from a back -vented
lavatory serving as a wet
vent for a bathtub or shower
stall and for the water
closet, provided that:
(a) Not more than one
fixture unit is drained
into a one and one-half
inch diameter wet vent
or not more than four
fixture units drain
into a two-inch
diameter wet vent.
(b) The horizontal branch
shall be a minimum of
two inches and connect
to the stack at the
aos�
Ordit,.. ce No. 85-3223
Page 5
same level as the water
closet drain or below
the water closet drain
when installed on the
top floor. It may also
connect to the water
closet arm.
(3) Common vent. A common vent
may be used for two fixtures
set on the same floor level
but connecting at different
levels in the stack provid-
ing the vertical drain is
one pipe size larger than
the upper fixture drain but
in no case smaller than the
lower fixture drain.
(4) Double bathroom group. Where
bathrooms or water closets
or other fixtures are
located on opposite sides of
a wall or partition or are
adjacent to each other
within the prescribed
distance such fixtures may
have a common soil or waste
pipe and common vent. Water
closets having a common soil
and vent stack shall drain
into the stack at the same
level.
(5) Basement closets. Basement
closets or floor drain in
one -and two-family dwellings
may be vented by the waste
line from a first floor sink
or lavatory having a one and
one-half inch waste and vent
pipe.
Section XI of Ordinance No. 84-3166 is
deleted and the following is inserted
in lieu thereof:
Renewals. Every license which has
not previously been revoked shall
expire on December 31st of each
year. Renewal fees shall be as
established by Council. Any
license that has expired may be
reinstated within sixty days after
the expiration date upon payment of
an additional ten dollar reinstate-
ment fee. After the expiration of
Ordinance No, 85.3223
Page 6
the aforementioned sixty-day period
no license shall be renewed except
upon recommendation of the board.
SECTION IV. REPEALER. All ordinances
and pars o or finances in conflict with
the provision of this ordinance are hereby
repealed.
SECTION V. SEVERABILITY. If any
section, provision or par of the Ordi-
nance shall be adjudged to be the
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 Or-
dinance shall e in effect after its final
passage, approval and publication as
required by law.
Passed and aroved this 29th. day of
pp
January, 1985. 7 ,, ^ �
ATTEST:
Received A Approved
By The 10901 Deper mont
�o�
It was moved byAm, ,sco and seconded by Dickson
, that the OrPin'as rea adopted and upon ro ca ere
were:
AYES: NAYS:
X _
R _
X
X
z -_
X
First consideration
Vote for passage:
Second consideration
Vote for passage
ABSENT:
ANBRISCO
BAKER
DICKSON
X ERDAHL
MCDONALD
STRAIT
ZUBER
Date published February 6, 1985
Moved by Ambrisco, seconded by Dickson, 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 and
second consideration and vote be waived and the ordinance be voted upon for
final passage at this time. Ayes: trait, Zuber, Ambrisco, Baker, Dickson,
Nays: None
Absent: Brdahl
B
d