Loading...
HomeMy WebLinkAbout1984-07-17 Ordinance1_ ORDINANCE NO. ORDINANCE TO AMEND THE TREE REGULATIONS OF THE ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Division 2, Sections 36-72., 36-73, be deleted from the Zoning r�dinance and the following be inserted in lieu thereof: DIVISION 2. TREE REGULATIONS Sec. 36-72 General. (a)Pur -and The purpose of these regulations shall be to assure that trees are p a -i need and/or preserved with the development or redevelopment of buildings and parking areas for other than single-family uses and with the establishment o^ conversion of uses, other than single-family uses, in accordance with the best ecological concepts, environmental objectives and site planning principles so the well-being of the residents of the City is protected and enhanced. (b) General Applicability. No building permit shall be issued for the con- struction, reconstruction or structural alteration of a building and its parking area nor shall any use be established or converted nor shall a certifi- cate of occu anc be ranted for a use without conformity with the provisions of the tree regulations . egu ations. However, the following shall be exempt from these regulations: (1) Property in the CB -10 and ID zones. (2) Property developed with insufficient yards such that the tree regula- tions cannot be met: a trees w ich can a provided in compliance with the requirements of this Division shall be provided. (3) Any individual lot occupied by a single family dwelling except for townhouses. Refer to Chapter 34 of the Iowa City Municipal Code for other regulations pertaining to vegetation. (c) Recommended S ecies of Trees. The varieties of trees permitted by this ordinance for the use indicated, are specified in the "List of Recommended Trees for Iowa City" as updated and amended from time to time and available as a supplement to and made a part of the tree regulations. The "List of Recom- mended Trees for Iowa City" may be obtained from the office of the City Forester or the Department of Planning and Program Development, Trees no (d) Installation. All tree plantings required by this section shall be instal a pid rip o occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Official violation and grant a delay of tree installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the City shall /J,?/ (e) Planting Sizes. The following specifications shall be met at the time of planting: (I) Large Deciduous Trees. This type of tree shall have a minimum trunk diameter of 1.5 inches at a point six (6) inches above ground level, and demonstrate the growth capabilities, branch formation, and crown balance that is indigenous to the particular variety. The tree shall be straight of trunk with the main leader intact. (2) Small Deciduous Trees. This type of tree shall have a single stem and a minimum trunk diameter of 1.5 inches, and demonstrate the growth capabilities, branching formation and crown balance that is indigenous to the particular variety. The.tr.ee shal.l.be straight.of trunk with the main header intact. (3) Coniferous Trees. This type of tree shall have a minimum height of 3 feet measured from the planted level to the top of the tree. The needle color and branching habits shall be normal for the species and the overall appearance shall be indicative of previous care in pruning and development. (f) Maintenance. It shall be the responsibility of the owner of a lot to maintain an rep ace, if necessary, trees required by these provisions after their planting; anv trees on orivate orooerty which nvprhann the mihlir (g) General Provisions. (1) The distances required herein for the location of a tree shall mean the distance to the center of the tree. (2) Where fractional numbers of trees result, the number of trees required shall be rounded to the closest whole number. (3) Evergreen trees, required for screening purposes in accordance with the provisions of Sec. 36 -76(j) -Screening and Sec. 36 -58(e) -Off- street Parking Requirements, may be used to satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in the above supplement, and are allowed to grow to their mature height. /A1 Defennnroe ♦. .17-...,,.n __ .1-11.0 a ---- J_ __________ ----- (h) Site Plan. When provisions of the tree regulations are applicable, a site ("plot�an shall be submitted with the request for a building permit and shall, in addition to the information normally required, include: (1) the size and location of required planting areas; (2) the mature height (small or large), location and type (evergreen or deciduous) of existing and proposed tree plantings; and (33) the location of existing trees within the right-of-way. /3a7 3 ^ Sec. 36-73 Requirements. (a) Trees adjacent to and within street ri hts-of-way_. The following provi- sions sha regu ate t e planting 3T trees aTJacent to and within street rights-of-way. (1) Applicability. a. Whenever there is a conversion or a new use established, the requirements of this subsection shall be applicable to the entire lot. b. Whenever a principal building(s) is constructed, reconstructed or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) percent, the requirements of this subsection shall be applicable to the entire lot. c. If any provision of this Chapter would preclude the planting of one or more trees adjacent to the right-of-way, the trees unable to be planted adjacent to the right-of-way shall be planted within the right-of-way according to the provisions of paragraph (3). However, trees excluded by the provisions of paragraph (3) may be omitted. d. If trees presently exist within the right-of-way, trees need not be planted adjacent to the right-of-way provided that the required number of trees exists. Additional trees required shall be planted adjacent to the right-of-way except as provided in subparagraph c above. (2) Required tree planting adjacent to street rights-of-way. Trees shall be planted adjacent to street rights-of-way and meet the following conditions: a. Large size trees shall be planted at a minimum ratio of one tree for every 40 feet of lot frontage or for small size trees, every 30 feet of lot frontage. In the case of a corner lot, only one (1) tree for every 60 feet of lot frontage shall be required. b. Trees shall be planted adjacent to street rights-of-way within fourteen (14) feet of the right-of-way line for large trees and within eight (8) feet of the right-of-way line for small trees but not closer than four (4) feet to a public sidewalk or the anticipated location of a future public sidewalk where one does not now exist. c. Small size trees shall not be located closer than eight (8) feet to a building and large size trees shall not be located closer than 14 feet to a building. d. Large size trees shall be spaced no closer than 30 feet apart, or for small size trees, no closer than 16 feet apart, except along streets where screening is appropriate or required. In the latter case, trees shall be planted in accordance with the I -W% 4 provisions of Sec. 36-76(j) and be of a variety suitable for screening purposes as designated in the "List of Recommended Trees for Iowa City." e. Trees shall be located within planting areas and separated from parking areas pursuant to the requirements of -paragraph (b)(2). I f. At street intersections, triangular area, two (2) length measured along the intersection. trees shall not be located within a sides of which shall be 30 feet in right-of-way lines from the point of g. Trees shall be placed to avoid interference with the construc- tion, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer. (3) Placement of trees within street all meet a. A tree planting permit shall be obtained from the City Forester. b. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. Trees shall not be located within five (5) feet of the curb. No trees shall be planted in the area c. At street intersections, trees shall not be located within 70 feet of the intersection of curb lines along arterial streets, within 50 feet along collector streets, or within 30 feet of the intersection of curb lines along residential streets. d. At the intersection of a street and an aisle or a drive and at the intersection of a street and an alley, trees shall not be located within -11 feet of the drive, aisle or the right-of-way line of the alley. 1,3.77 5 e. Large size trees shall be placed no closer than 30 feet apart or located closer than 14 feet to a building. Small size trees shall be located no closer than 16 feet apart but may be located to within eight (8) feet of a building. f. Trees shall be placed to avoid interference with the construc- tion, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer. (b) Trees on rivate ro ert for arkin areas. The following provisions s a regu a e e pan ing otrees for parking areas on private property: (1) Applicability. a. New parking areas. Whenever the total number of parking spaces required or provided on a lot exceeds 18 parking spaces, the re- quirements of this subsection shall be applicable. Screening of recuiremen b. Existing parking areas. This subsection shall apply to an existing parking area under the following conditions: 1. If the number of parking spaces in an existing parking area is increased to accommodate more than 18 parking spaces, the parking spaces in excess of 18 shall comply with the require- ments of this subsection. 2. If an existing parking area which provides more than 18 parking spaces is increased in area, the additional parking spaces shall comply with the requirements of this subsec- tion. 3. If an existing parking area does not have a permanent dust -free surface and is required to be surfaced or altered in any way, the provisions of this subsection shall apply as if the parking area had not previously existed. c. Parking ramps, covered parking areas, and parking areas that are an integral part of a building shall be exempt from the require- ments of this subsection. (2) Required tree planting for parking areas. Trees and planting areas shall be provided within and abutting the perimeter of parking area(s) and meet the following conditions: /.3a7 a. Planting area shall be located so every parking space or portion thereof is not more than 40 feet from a small size tree within a planting area or 60 feet from a large size tree within alap nting area. b. Planting area shall be separated from parking spaces, drives, and alleys by an unmountable curb or barrier a minimum of five (5) inches in height. The curb or barrier shall be constructed in such a manner that saltwater runoff will not damage the tree. c. Only small trees shall be allowed in small planting areas and a LeeLOT ing area. urge size trees shy n large planting area and shall be planted area. d. Small trees shall be located a minimum of four and a half (4 1/2) feet from the edge of a planting area and large trees shall be located a minimum of four and a half f4 1/21 feet from the edge of a planting area. e. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. (c) Trees on private property for residential uses. The following provisions shall regulate the planting of trees for residential uses, except for single-family residences. (1) Applicability. Whenever a building containing a residential use is constructed, reconstructed, or structurally altered by one or more additions, the total of which increases the floor area by more than ten (10) percent, the requirements of paragraph (2) shall be applicable to the entire lot. (2) Required tree planting for residential uses. Trees shall be planted on a lot with a residential use and meet the following conditions: a. Trees shall be planted at the minimum ratio of one tree for 550 square feet of total building coverage of the lot. I. coverage of the lot, where residential uses are combined with other uses, the building coverage shall be determined on the basis of the greatest amount of residential floor area of any floor that is wholly or partially devoted to a residential use. Trees Dlanted to fulfill the requirements of Section 36-73(a) richt-of-way traps. an sprtinn - 17h - narH nn Aron free. 193 ?7 7 c. Trees shall not be located within four (4) feet of a public sidewalk or the anticipated location of a future public sidewalk where one does not exist. d. At street intersections, trees shall not be located within a triangular area, two (2) sides of which shall be 30 feet in length measured along the right-of-way lines from the point of intersection. SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approva an pub kation as required by law. Passed and approved this ATTEST: CITY CLERK /3.?7 B It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Baker n;rLe�nn LIST OF RECOMMENDED TREES FOR IOWA CIT;=* LIST 0r -RECOMMENDED TREES FOR IOWA CIT='-* a, IA VI N � N C C wt rn � to o x a+ nCIAIDVC CN G LIST OF RECOMMENDED TREES FOR IOWA CITr* LIST OF RECOMMENDED TREES FOR IOWA CITY** VI UI VI J V 0 N O 1� C a.J CJ X aJ 6J •� N L N p my of Iowa Cite MEMORANDUM Date: July 12, 1984 To: City Council From: Karin Franklin, Associate Planner Re: Tree Regulations - Project GREEN Comments The letters submitted to the Council by Emilie Rubright and Jim Maynard in response to the proposed tree regulations are included in your packets again for your convenience. Also included are excerpted relevant sections of the tree regulations. Please refer to the specific parts of the letters and the sections of the regulations as they are addressed below. Letter from Emilie Rubright General applicability - Section 36 -72(b)(2) - The rationale behind this provision is based on the idea that zoning should determine the density or size of a development and that the tree regulations should not, indirectly, decrease the density or extent of buildings or use on a site. When a lot is built upon, the required yards determine the buildable portion of the lot. The building and required parking may consume that buildable portion. The tree regulations should not forcea decrease in the density or amount of land consumed by a use permitted under the zone, by forcing a smaller building or a fewer number of dwelling units on the lot. The intent of this section of the tree regulations is to permit the full development of lots, particularly in the CB -2 and RM -145 zones where high-density development is desirable. In these zones, a buildingma be built to the lot line to achieve a maximum density in those areas Fe 9- nated as appropriate for high-density development. Compliance with all provisions of the tree ordinance, particularly building coverage trees for residential development, could mean that the building line would have to be recessed to allow sufficient room for a tree or trees, and the intent of the zoning to provide a place for high-density development would not be met. If a structure does not cover the lot in these zones but is built with yards or outside parking, trees will be required to the extent possible. Site plan - Section 36-72(h): A site plan has been required prior to the issuance of a building permit for some time. Since the spring of 1983, the planning staff has assisted the. Housing and Inspection Services Department in the review of building permit applications for all new construction, except single family and duplexes, for compliance with the zoning ordinance, including the tree and off-street parking requirements. Sufficient distances between trees and buildings, sidewalks, and utilities is checked at that time, as dictated by the ordinance. The City can only require, however, that which is /'3�?7 Page 2 mandated by ordinance; there is no discretion in the issuance of a building permit. The only provision which permits a waiver of a amo�rt of the requirements is under the right-of-way trees provision. slsually, compliance is obtained for all three types of trees - right-of-way, parking area, and building coverage trees. A building permit is not issued until compliance is shown on the site plan. Few, if any, variances to the tree regulations have been sought or granted in recent years. Variances to the off-street parking requirements have been sought and some have been granted. Inspection: On-site inspection of construction for compliance with the approved site plan is done by the City Forester for the trees required, or by the Building Inspectors who also inspect for compliance with building code requirements. Letter from Jim Maynard Section 36-72(b)(2): Refer to the comment in response to Ms. Rubright's letter under this section heading. The essence of Mr. Maynard's comment appears to be a desire that the minimum yard requirements be increased. The yards are a function of another part of the zoning ordinance and are not regulated by provisions of the tree regulations. Section 36-72(c): The City Forester reviewed the existing List of Recommended Trees. The list attached to the ordinance reflects his revisions. Trees not mentioned on the list may be used if approved by the City Forester. Section 36-72(d): The proposed amendment sets out more clearly in the ordinance the adminis- trative practice. Establishment of an escrow account was suggested by the Chamber of Commerce committee as an incentive for compliance. It would be administered in the same way that escrow accounts for sidewalks or erosion control are handled; no interest is paid. The City would have the _o tion of selecting the trees and planting them if the developer did not do so, with the costs covered by the escrow account. Section 36-72(h)(2): Requiring specificity as to tree species with submission of the building permit application is possible. The size of the tree at planting is mandated by the ordinance, Section 36-72(e). Showing the location of the tree is also required. Section 36-72(h)(3): This information could also be required. Permission of the City Forester is required for the removal of any tree from the street right-of-way. 1.3-77 Page 3 Section 36-73(a)(3): The intent of this provision was to more clearly indicate to users of the ordinance that the city wished to have as many trees as possible on private property and that only when this was not possible could trees be planted in the public right-of-way by private individuals. All trees within the public right-of-way are the responsibility of the City to maintain. I Section 36-73(b)(1)a.: This suggestion also relates to other sections of the zoning ordinance which the Council may wish to address at some other time. Section 36-73(c)(2)b.: The statement that this provision effectively eliminates plantings in the side yard is true. In multi -family, commercial and industrial zones where these regulations apply, there often is a five foot or zero side yard e size of devAgain, elopment by te ard requthis irements lates oodensity control of rementsofspecific zonesaa and nd to the tree regulations per se. Mr. Maynard's final comments address, as he states, a larger issue than the tree regulations and will require further discussion with Mr. Maynard and the Council to reach some resolution of these concerns. bc4 cc Don Schmeiser Emilie Rubright Jim Maynard /3 -?J GROW TO REACH ENVIRONMENTAL � EXCELLENCE NOW PR OJ ECT GREEN Civic Cent", lows City, Iowa 52240 June 27, 1984 Mayor and City Council City of Iowa City Civic Center Iowa City, Iowa Dear Mayor M:Donald and Council, In response to a letter from Karin Franklin of the Planning Department asking for Project GREEN's Steering Committee comments on the revised t"e regulations, we would like to make the following comments. General Applicability. The language of thea exemption H2 is not clear. Does the property seeking a building permit have insufficient yaW to accomodate trees before the planned remodeling or expansion�or will the construction called for in the building permit cause the lack of open space for trees? h Site Plan It is very good to ask for a plot plan, site plan, to be submitted with the building plans when a building permit is requested. However, the words landscape plan for trees required in the City's Ordinance should be included for clarification. It is our recommendation that the planning department carefully review the building plan as it relates to owner's ability to carry out the parking and tree ordinances. Once a building is started and the owner;or builder finds out he cannot comply with the tree or parking ordinances he than seeks a variance. Careful coordination of building, parking and landscaping plans and supervision by the planning staff would would eliminate a lot of variance requests. Elements of a building such as sidewalks, bike racks, airconditioner units, overhanging balconys, window wells, retainibg walls, transformers and such often make compliance with the tree ordinance difficult. These elements of design for a building need to be part of the site plan and the landscape plan so that planning staff could show a builder or owner how his building plan may be heading into trouble with the parking or tree ordinance. Again, this type of consultation before the building permit is issued may reduce vari nce requests. 13,77 Project GREEN page 2 The final point may cause more work for staff but it seems that the City Forester needs help in inspecting building sites to see that the tree ordinance provisions are met by the builder/owner. The Forester has great demands on his time to maintain the street and park trees of the city. But inspection is an important part of this ordinance. He would need help in determining tree placement, caliber, variety etc. to make sure, as the building inspector does, that the provisions of the ordinance are carried out. Perhaps a part-time person is needed. Respectfully submitted, Emilie Rubright, Co-chairman Project GREEN 1.3 -?7 June 28, 1984 Karin Franklin, Planner City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Karin: Thank you for sending the copy of the revised tree regulations. I offer the following comments and will be glad to elaborate further on these items if it seems appropriate to do so. Sec. 36-72: (b)-(2). It would seem that the zoning ordinance should require sufficient yards to permit the tree regulations to be met. Unfortunately, as evidenced by much recent construction, this is not so. The ordinance�does not seem to recognize the need for a reasonable amount of unobstructed open ground space to permit landscape plantings, tree plantings and screen plantings in conjunction with a building project. Rather, such plantings are left to compete for space in the minimal yards prescribed with sidewalks, driveways, vehicle parking areas, bicycle rack pads, window wells steps, ramps, landings, electric transformers, air condi- tioning condensers, telephone terminals, overhead balconies, garbage can storage pads, area lighting fixtures, signs, retaining walls, stormwater intakes, and underground gas, water, electric, sanitary sewer, telephone and cable TV lines. It is possible, on an interior lot, to comply with the yard requirements and have no place left to meet the tree regulations after accomodating all of these other essential elements. On a corner lot, as little as 30/ of yards along the street frontages may be useable for plantings. I recently encountered a situation on a SF residential lot where it was impossible to place trees in the most desireable locations becaVSe of the maze of underground utilities in the front yard area. (c). This list needs a comprehensive review and updating as soon as possible. Many desireable varieties are not mentioned. A number of those listed are no longer con- sidered desireable due performance or disease suscepti- bility observed since their introduction and some are no longer readily available. (d). Administrative costs? Interest paid on escrowed amounts? Who selects trees and installs if escrow funds must be used to obtain compliance? June 28, 1984 Tree Regulation Comments Page 2 (h)-(2). Why not specify the actual botanical and common name and the size at time of planting for proposed trees and the accurate identification and size of existing trees. It wouldn't hurt anyone to do a little advance thinking about the selection and placement of these trees. Permit designation of an "acceptable alternate"if a little flexibility is needed. (h)-(3). Suggset: "the location, type and size (caliper) of existing trees within the right of way and on the site." Designate "to remain" or " to be removed". How else can it be determined from the plan whether existing trees will fulfill part of the tree requirement? Also whether public trees are being removed that should be replaced? Sec- 36-73- (3) Suggest:"Placement of trees within street rights -Of -way. Frontage trees may be planted within the right-of-way in those cases in which trees meet the following conditions:" This wording provides much more flexibility in the place- ment of trees and the design of the most appropriate landscaping treatment for the site. The negative wording in the proposed change unnecessarily takes away an option that may be desireable in the limited number of cases where it exists. (3)-(b)-(1)a:"Sec.36-58(e)-Off-street parking requirements" refered to here needs major revisions to permit more flexibility and the use of imaginative design solutions for large scale parking areas and for all other parking areas as well. Arborvitae are not a panacea for, a permanent solu- tion to or the most creative design tool available for screening parking areas. (3) -(c) -(2)b: This would require 16' to 28' between buildings to allow trees to be placed in the side yards which is substantially more the the zoning ordinance requires. Present zoning and building practices essentially eliminate any tree planting in side yards. Likewise these clearances in combination with the elements mentioned in the first comment above can effectively eliminate tree planting in front, rear and street -side yards in many cases. The solution, however, is not to reduce these clearance s. I have mixed feelings about the 1.5" caliper minimum size but think it is worth a try since the previous requirement was rarely, if ever, enforced. The incentive to use 2.5" caliper trees as provided in Sec. 36-73, (3)-(c)(2)a. is a good idea. 13 -?7 June 28, 1984 Tree Regulation Comments Page 3 Revising the tree regulations, however, merely addresses a relatively minor symptom of what has been for some time and continues, even under the new zoning ordinance to be a major problem. That problem is: The lack of sound, detailed, accurate, functional, comprehensive, aesthetically pleasing site plans for the majority of new constuction projects and the failure to use such site plans as the primary determinate of the density of development that the site will accomodate. Refer a gain to my first paragraph of comments. Most of the elements mentioned rarely appear accurately, if at all, on site plans submitted for building permits,zoning change request or Board of Adjustment appeals. Likewise, detailed grading plans are seldom worked out in advance of obtaining building permits. Many of the elements mentioned appear on the site as afterthoughts or become oversights that are inherited by new owners or occupants. And then someone wonders why there is no place for children to play, no place for a,garden or swimming pool, no place for a lawn party or no place for a picnic shelter. Sometimes the parking lot doesn't seem to work, some of the parking spaces that were on the "site plan" seem to be imaginary. Sometimes water doesn't drain away or drains to the wrong place. Re -grading and constructing retaining walls are expensive but not uncommon "post construction adjustments" in Iowa City. A properly planned development does not have to be forced onto the site. A properly planned development will accomodate all of the aforementioned elements compatibly, functionally and aesthetically. A properly planned development will have a reasonably proportioned amount of unobstrcted open space relative to the mass of the structures and the paved areas. A properly planned development does not destroy the natural environment from which it seeks to benefit. A properly planned development does not pass on a legacy of problems and unnecessary expenses: to future owners, occupants and the general public. It is time to consider ways and means of encouraging comprehensive and competent site planning as a prerequisite to any new building development including even two and four unit condominium structures and perhaps even for single family structures on sites of irregular topography or in heavily wooded areas. With proper site planning, we could have greater variety, more compatible inter -mixing of land uses, higher densities, more attrac- tive and functional developments and fewer problems and we wouldn't hayeAQ_,Worry about having enough room left for a few trees. 1909 Winst Iowa City, 13,71 EXCERPTS: Relevant sections of the Tree Regulations Section 36-72(b) thru (d) 1 (b) General Applicability. No building permit shall be issued for the con- struction, reconstruction or structural alteration of a building and its parkino area nor shall any use be established or converted nor shall a certifi- cate of occupant be ranted for a use without conformity with the provisions of the tree regu ations. However, the following shall be exempt from these raaulations: (1) Property in the CB -10 and ID zones. (3) Any individual lot occupied by a single family dwelling except for townhouses. Refer to Chatter 34 of the Iowa City Municipal Code for other reaulations pertaining to vegetation. (c) Recommended Species of Trees. The varieties of trees permitted by this ordinance for the use indicated, are specified in the "List of Recommended Trees for Iowa City" as updated and amended from time to time and available as a supplement to and made a part of the tree regulations. The "List of Recom- mended Trees for Iowa City" may be obtained from the office of the City Forester or the Deoartment of Planning and Proaram Develooment. Trees not r, (d) Installation. All tree plantings required by this section shall be instal ed pl rior Lo occupancy or commencement of a use. If the plantings cannot be installed prior to occupancy or commencement of a use, the Building Official shall issue a temoorary certificate of occupancy accompanied by a letter of violation and grant a delay of tree installation until the seasonal calendar dates of June 1 or November 1, whichever occurs first, and the City shall establish an escrow account in an amount which shall cover the anticipated Section 36-72(h) (h) Site Plan. When provisions of the tree regulations are applicable, a site ("plot") plan shall be subnitted with the request for a building permit and shall, in addition to the information normally required, include: (1) the size and location of required planting areas; (2) the mature height (small or large), location and type (evergreen or ; deciduous) of existing and proposed tree plantings; and j S (3) the location of existing trees within the richt-of-way. �3�1 EXCERPTS: Tree Regulations 1 it Section 36-73(a)(3) (3) Placement of trees within street rights-of-way. Trees shall b lanted within the richt-of-wa onl in those cases in which ree cannot be planted adiacent to the street richt-of-way and shall III= i the following conditions: Section 36-73(b)(1)a a. New parkins areas. Whenever the total number of parking spaces required or provided on a lot exceeds 18 parking spaces, the re- quirements of this subsection shall be applicable. Screening of s Section 36-73(c)(2)b i 1 trees shall /9-?% ORDINANCE NO. ORDINANCE TO AMEND THE OFF-STREET PARKING REQUIREMENTS OF THE ZONING ORDINANCE TO INCLUDE PROVISIONS FOR TRAFFIC ISLANDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. y deleted from following be That Section 36-58(c)(2)h be the Zoning Ordinance and the inserted in lieu thereof: h. Parking spaces along lot lines and alleys shall be provided with car stops or curbing so no part of a parked vehicle can extend beyond the lot line or into the alley. In addition, traffic islands of pervious or impervious material shall be located in a manner which separates parking spaces from drives and alleys as in the illustration below: D Iw.n .w SECTION II. This ordinance shall be in full force and effect when published by law. SECTION III. REPEALER. All ordinances and parts of or finances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. 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 un- constitutional. 13,28 ORDINANCE NO. ORDINANCE TO AMEND THE ZONING ORDINANCE TO INCLUDE A DEFINITON OF PLANTING AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Section 36-4(t)(4) be ee e3�trom the Zoning Ordinance and the following be inserted. Section 36-4(p)(7.1) Planting Area. An unpaved pervious area intended or used for the placement of a tree. SECTION II. This ordinance shall be in full force and effect when published by law. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or par 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 V. EFFECTIVE DATE: This Ordi- nance shall be in of ect after its final passage, approval and publication as required by law. Passed and approved this MAYOR 0-6 ME xi.1 Received & Approved By The Legal Dep;rhnent 1,3a9 It was moved by and seconded by , that the Ordinance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: ORDINANCE NO. 84-3194 AN ORDINANCE VACATING A PORTION OF THE MELROSE AVENUE RIGHT-OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. That the following -described right-of-way in Iowa City, Iowa, is hereby vacated for use as a street: The entire right-of-way of Melrose Avenue from the east right-of-way line of Byington Road, said line being 1858.60 feet east of the northwest corner of the northeast quarter of Section 16, Township 79 North, Range 6 West, of the 5th Principal Meridian, thence easterly to the west right-of-way line of Riverside Drive, also known as Highway 6 and 218. SECTION II. The above-described piece of a_nU_W —be subject to an easement for the purpose of access to utilities in the vacated right-of-way for repair or replacement of said utilities. SECTION III. This ordinance shall be in full force effect when published by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision 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 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 Ordi- nance shall a in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of July, 1984. ATTEST: PA Alred & Approved jiw Ugal D parhrrenf 1,333 It was moved by Zuberand seconded by Dickson that the Ordinance as rea a adopted and upon ro c-1�aTl� were: ABSTAINING: AYES: NAYS: ABSENT: g AMBRISCO X BAKER X DICKSON X ERDAHL MCDONALD X STRAIT X ZUBER First consideration 6/19/84 Vote for passage: Ayes: Ambrisco, Baker, Dickson, Erdahl, McDonald, Zuber. Nays: None. Abstaining: Strait. Second consideration 7/3/84 Vote for passage Ayes: Dickson, Ambrisco, Baker, Erdahl, McDonald, Zuber. Nays: None. Absent: Strait. Date published 7/25/84 /,333