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HomeMy WebLinkAbout1984-12-04 OrdinanceCity of Iowa Cit MEMORANDUM Date: August 10, 1984 To: Planning & Zoning Commission From: Bruce A. Knight, Associate Planner Re: 5-8424. Ty'n Cae Subdivision, Part 4, Addendum to Staff Report As was stated in the staff report for the above item, dated August 2, 1984, Ty'n Cae Subdivision Part 3 was approved as a planned development plan in August, 1983. The applicant is now proposing to vacate a portion of the subdivision and resubdivide that area into 22 lots for zero lot line development. This action will also require amendment of the planned area development plan. However, this item has now been submitted to include an amendment to the planned his plan. The proposed amendment consists of resubdividing lots 96A -96E, 97 and 98 of Ty'n Cae Subdivision, Part 3, to create 22 zero lot line lots. This resubdivision results in a decrease in the density of the overall planned development plan and staff sees no major problem with this change. However, approval of the proposed amendment will result in a variation from the dimensional requirements of the RS -8 zone. Specifically, lots in the RS -8 zone are required to have a minimum lot width of 45 feet. By definition, lot width is measured at the front yard line, which in this case is 20 feet back from the street. However, because of the narrow frontage for the lots on the Bryn Court cul-de-sac, a 45 foot lot width is not possible 20 feet back from the street. The ap- plicant is, therefore, proposing as part of the planned development plan to move the front yard line back to 25 feet from the street for those lots affected. This change will create a front yard requirement for lots 106, 107, 108, 109, 110 and 111 of 25 feet. Staff sees no problem with this variation and would recommend approval of the amended planned development plan. STAFF RECOMMENDATION Staff recommends that the amended planned area development plan for lots 96A -96E, 97 and 98 of Ty'n Cae Subdivision, Part 3, be approved in conjunction with the resubdivision of the same area as Ty'n Cae Subdivi- sion, Part 4. Approved by: ona Clme ser, rec or Department of Planning and Program Development bc5 STAFF REPORT To: Planning & Zoning Commission Item: S-8424. Ty'n Cae Subdivision, Part 4 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: Prepared by: Bruce Knight Date: August 2, 1984 Dynevor Inc. 1201 S. Gilbert St. Iowa City, Iowa 52240 Preliminary plat approval. Development of 22 lots for zero lot line dwellings. The northwest quadrant of the intersection of Mormon Trek Boulevard and Gryn Drive in Ty'n Cae Subdivision, Part 3. 3.93 acres Undeveloped and PDH -8. North - residential and PDH -8. West - undeveloped and PDH -8. South - single family residential and County RS. West - undeveloped and County R1A Provisions of the subdivision regulations and zoning ordi- nance. August 31, 1984 Sewer and water services are available. Police and fire protection are available. Vehicular access is proposed via Gryn Drive to Mormon Trek Boulevard. The topography is moderate to steeply sloping (5-15%). ANALYSIS The applicant, Dynevor Inc., is requesting approval of a preliminary plat subdividing a 3.93 acre tract into 22 lots for zero lot line development. The proposed plat represents a resubdivision of Lots 96A -96E, 97 and 98 of Ty'n Cae Subdivision, Part 3, the same area of the original plat for which the applicant has requested the City's consent to vacate. The 3.93 acre tract also includes a 1.30 acre parcel of Mormon Trek Boulevard right-of-way which the applicant has requested the City to vacate. Because this plat includes some land newly proposed for subdivision, staff recommends that it be retitled "Ty'n Cae Subdivision, Part 4, a resubdivision of Lots 96A, 96B, 96C, 96D, 96E, 97 and 98 of Ty'n Cae Subdivision, Part 3." Ty'n Cae Subdivision, Part 3 was originally approved as a planned development plan in August, 1983. Through that process, the applicant was permitted a mix of residential unit types including zero lot line dwellings, townhouse units and multi -family units with an average density for the whole subdivi- sion (30.65 acres) which did not exceed the 6000 square feet per lot required in the RIB zoning existing at that time. In December, 1983, a new zoning ordinance was adopted which rezoned this property to PDH -8 (with underlying zoning of RS -8). In addition, adoption of the new zoning ordinance permitted development of zero lot line dwellings as a provisional use. Prior to that time, such units could only be approved by ordinance as part of a planned area development plan (PAD). The applicant is now proposing to resubdivide a total of seven lots. Lots 97 and 98 were originally designed for zero lot line dwellings and are only undergoing slight modification at this time. Lots 96A -96E were originally approved for the construction of 38 townhouse units (see attachment #2). Concurrent with requesting approval of this subdivision, the applicant has requested the vacation of all existing lots and the resubdivision of the land area (along with the Mormon Trek Boulevard right-of-way proposed for vaca- tion) into 22 single family lots. Under RS -8 zoning, this will permit development of either zero lot line dwellings or detached single family dwellings. This change represents an overall density reduction of 16 dwelling units. Because this action also results in an amendment of the approved planned development plan, it will also be necessary to amend that plan in order to approve the proposed resubdivision. Staff sees no major problems with the proposed change. It will result in less variety in the type of dwelling units than originally proposed since the major change is to replace the townhouse lots with lots for zero lot line dwellings. Whether this is negative or positive depends on one's view toward homogeneous residential development. It will, however, be necessary to amend the planned development plan for this portion of the subdivision in order to vacate the plat and approve the proposed subdivision. STAFF RECOMMENDATION Staff recommends that the preliminary plat of Ty'n Cae Subdivision, Part 4, be deferred. Upon resolution of the concerns expressed above, and the deficiencies and discrepancies listed below, staff would recommend approval. as7,f 3 DEFICIENCIES AND DISCREPANCIES 1. Lots 106, 107, 108, 109, 110 and 111 do not have the required 45 feet of frontage on a public street. ATTACHMENTS 1. Location map. 2. Existing planned development plan for Lots 96A -96E, 97 and 98 of Ty'n Cae Subdivision, Part 3. ACCOMPANIMENTS 1. Proposed preliminary plat of Ty'n Cae Subdivision, Part 4, a resub- division of Lots 96A -96E, 97 and 98 of Ty'n Cae Subdivision, Part 3. Approved by m — na cieiser, it cion epartment of Planning and Program Development VACAT EO elWT-OF•W, 15U901VISION LOCATION LOCATION MAP SCALE' 1x 2400' MI inal Plat, P.A.D. and L.S.R.D. .n Ty'n Cae Subdivision Part 3 tows Cay. 1m I I 1:�'rj', ^ ,r i °� 'run Iwm �'r u w •1 v .,� r>,larrr FYr'I M i y i •♦ I rr 120 31 r� j I •. urf�'♦Yr ' ' { SeClCIYt ' � '• 1' ' ofn PeYMrO /LG°NN°M Nm m+ mu uo' nN uu Orr N.r urr nm .•••' nr mw ,.m Nv m m ..m wm Imr u • ! M-1 I... .. 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M I N1a—L'0 PI' "irit7154:; =Kk£! , IILY FII, r.X11N. r11n 1, N:N.N ' \ �' /\ ••. • � �� ;...w .� u\eealnul 9 VIII — lfl� 'gB;JIN1111-11:0q] Ir..9 I n! X•'X• , O Fl,nlrb�n, W. rrinwl Yr++�4MM� l(�-:♦J/L' ' � J�.lryliili� • nll Ir ���♦.Xr IY.�w�IrM � .I �i ... -�' .r�-�N..« M�:1 .�n fir{/ Tri i�i'ii'riii%it!;��I;3:•i:i'�; � EF I ..e.w = ,^"•• r •. i'Slt „xL.11141n, Iwl\ ui �an�nl''.'•r " 't1.aT„i. r.r .nl ilk nnlr \3 �l I::'• • •.n .:I ...:7 1 1 23 Sw 1/, 'I• i°o re'viiai:'�.r:11 L•R"Idr''+:'G'. ,v.nro•n•, •nr \ - •r'� Nerro'Lr•m waw' 11. "; �a7F ORDINANCE NO. ORDINANCE APPROVING THE AMENDED PLANNED DEVELOPMENT HOUSING (POH) PLAN OF TY'N CAE SUBDIVISION, PART THREE, IOWA CITY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. The amended POH plan of Ty'n Tae Subdivision, Part Three, submitted by Dynevor Inc., is hereby approved, and the amended portion is legally described as follows: A resubdivision of Lots 96A, 96B, 96C, 96D, 96E, 9.7 and 98 of Ty'n Cae Subdivision Part 3, as shown on the Final Plat, P.A.D. and L.S.R.D. Plan recorded in Plat Book 24, at page 18, of the Records of the Johnson County Recorder's Office, and a portion of the adjacent excess Right -of -Way of Mormon Trek Boulevard. Said excess Right -of -Way being more particularly described as follows: All that portion of the Right -of -Way of Mormon Trek Boulevard between Centerline Station 5123+25 and Center- line Station 5130+00, which is bounded on the Northeast by the present Right -of -Way line of said Mormon Trek Boulevard and on the Southwest by a line, 40 feet normally and/or radially distant Northeasterly of and parallel and/or concentric with the centerline of said Mormon Trek Boulevard, and which portion is more particularly described as follows: Commencing at an Iron Right -of -Way Pin with Tablet, found at a point on the Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 60 feet normally distant Northeasterly of Centerline Station 5123+00; thence S 55046155" W, 20 feet, to a point which is 40 feet normally distant North- easterly of said Centerline Station 5123+00; thence N 34013'05" W, 25.00 feet, to a paint on the Northwesterly line of platted Gryn Drive in accor- dance with the plat of Subdivision Recorded in Plat Book 24 at page 18, of the Records of the Johnson County Recorder's Office and which point is 40 .;2a 7f Ordinance No. Page 2 feet normally distant Northeasterly of said Centerline of Mormon Trek Boule- vard, and is the Point of Beginning; thence N 34013'05" W. 13.0.60 feet, to a point which is 40 feet normally distant Northeasterly of Centerline P.C. Station 5124+55.6; thence North- easterly, 481.1 feet along a line 40 feet radially distant Northeasterly of and concentric with said Centerline, on a 2824.8 foot radius curve, concave Northeasterly, whose 480.5 foot chord bears •N 29020'20" W, to a point which is 40 feet radially distant North- easterly of Centerline P.T. Station 5129+43.6; thence N 24027'35" W, 56.4 feet to an Iron Right -of -Way Pin with Tablet, found on said Northeasterly Right -of -Way line of Mormon Trek Boulevard, which is 40 feet normally distant Northeasterly of Centerline Station 5130+00; thence S 38026'50" E, along said Northeasterly Right -of -Way line, 387.40 feet, to an Iron Right -of -Way Pin with Tablet found, which is 115 feet radially distant Northeasterly of Centerline Station 5126+10; thence S 23013'50" E, along said Northeasterly Right -of -Way line, 283.93 feet, to a point on said Northwesterly Right -of -Nay Line of Platted Gryn Drive; thence S 55046155" W, 24.85 feet, to the Point of Begin- ning. Said tract of land contains 0.70 acres more or less, and is subject to easements and restrictions of record. Said tracts of land containing 3.93 acres more or less, and are subject to easements and restrictions of record. SECTION II. Variances from the RS -8 zon ng requirement approved as part of the amended PDH plan include those variances cited in the original POH plan outlined in Ordinance d83-3130 and as follows: I. Lots 96A -E, Lot 97 and Lot 98 will be developed as 22 lots for zero lot line dwellings. 2. The frontage on Lots 106, 107, 108, 109, 110, and 111 of the resubdivisidn of Lots 96A -E, Lot 97 and Lot 98 is reduced from the required 45 feet to between 30 feet and 36 feet. .�A7d Ordinance No. Page 3 SECTION III. This ordinance shall be in full force and effect when published by law. SECTION IV. REPEALER: All ordinances and pars ot 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 ORDINANCE NO. 84-3214 ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED AT 1220 AND 1228 THIRD AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE . CITY OF IOWA CITY, IOWA: SECTION I. That the property described e ob-i w is hereby reclassified from its present classification of RS -5 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 located at 1220 and 1228 Third Avenue: Lots 5 and 6 in Block 12 in east Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. SECTION II. The Building Inspector is Fe--a-uthorized 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 aut or z and directed to certify acopy of this ordinance to the County Recorder of Johnson County, Iowa, upon final 4assage and publication as provided by aw. SECTION IV. REPEALER: All ordinances and parts of or nances in conflict with the provision of this ordinance are hereby repealed. SECTION V. SEVERABILITY: If any section, provision or par o 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 Ordi- nance shall e n c ec a ter its final passage, approval and publication as required by law. Passed andpproved this 4th clay of Decembor, 1913 ATTEST: Received 8 Approved By The Legal Dopartment —o--� It was moved by Baker'and seconded by Strait that the r finance as reade and and upon ro ca ere were: AYES: NAYS: ABSENT: x AMBRISCO X BAKER i x DICKSON X ERDAHL X MCDONALD X STRAIT z ZUBER First consideration 11/6/84 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker Nays: None Absent: None Second consideration xnooxxxoocnoc Vote for passage Date published 12/12/84 Moved by Baker, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, McDonald, Strait, Ambrisco, Baker, Dickson. Nays: None. Absent: Zuber. ORDINANCE NO. 84-321S ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF APPROXI- MATELY 6.3 ACRES LYING SOUTH OF HIGHWAY 1 WEST AND NORTH OF THE IOWA CITY MUNICIPAL AIRPORT FROM I-1 TO CI -1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That the property described below is hereby reclassified from its present classification of I-1 to CI -1, and the zoning map of the City of Iowa City, Iowa, shall be amended to show such property in the CI -1 zone, to -wit: Commencing at the southeast corner of the southwest quarter of Section 16, Township 79 North, Range 6 West of the 5th Principal Meridian; thence north 00051123" east, (an assumed bearing), along the east line of said Southwest Quarter, 1657.17 feet to a point on the southerly right-of-way line of Iowa Primary Road M1; thence south 74057'52" west, along said southerly right-of-way line, 62.38 feet to a point which is 60.0 feet normally distant west of said east line of the southwest quarter of Section 16 and which point is also the point of beginning; thence south 00051123" west, 616.61 feet; thence north 89008137" west, 503.31 feet; thence north 00051'23" east, 465.33 feet; thence northeasterly 51.80 feet, along a 2727.58 foot radius non -tangent curve concave southeasterly, whose 51.80 foot chord bears north 66026108" east, to a point on the southerly right-of-way line of said Primary Road N1; thence north 74057152" east, 474.28 feet, along said right-of-way line, to the point of beginning. Said tract of land contains 6.29 acres more or less, and is subject to easements and restrictions of record. SECTION 2. The Building Inspector is ere y au horized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. aa1?/ Oi iance No. 84-3215 Page 2 SECTION 3. 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 4. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 5. 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 6. EFFECTIVE DATE: This Ordi- nance sha be in effect after its final passage, approval and publication as required by law. Passed andapproved this 4th day of December, 1984 1 n ATTEST: Receiver! A Approved By T M LnOal Dep rtment a178/ It was moved by Baker and seconded by Strait that the r finance as read be adopted and upon ro ca ere were: AYES: NAYS: ABSENT: x AMBRISCO X BAKER x DICKSON x ERDAHL x MCDONALD X STRAIT x ZUBER First consideration I,/qn/gd Vote for passage: Ayes: McDonald, Strait, Zuber, Ambrisco, Baker, Dickson Nays: None Absent: Brdahl Second consideration xxxxxxxxx Vote for passage Date published 12/12/84 Moved by Baker, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote waived and the ordinance be voted upon for final passage at this time. Ayes: Strait, Ambrisco, Baker, Dickson, Brdahl, PUonald. Nays: None. Absent: Zuber. ORDINANCE NO. _ AN ORDINANCE CORRECTING ORDINANCE NO. 83-3144 VACATING A FORTY FOOT PORTION OF THE ALLEY RIGHT-OF-WAY IN BLOCK 9 OF COUNTY SEAT ADDITION, RUNNING NORTH -SOUTH BETWEEN HARRISON AND PRENTISS STREETS. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. AMENDMENT TO ORDINANCE NO. 83-3144. That Section I of Ordinance No. E3=3M is hereby repealed and the following is adopted in lieu thereof: That a 40 foot segment of the north -south alley right-of-way between Harrison and Prentiss Streets in Iowa. City, Iowa, is hereby vacated for alley purposes, said portion of right-of-way being describedas follows: Beginning at the northeast corner of Lot 6, Block 9, County Seat Addition, according to the recorded plat thereof, thence south 40 feet, thence east 20 feet, thence north 40 feet, thence west 20 feet to the point of beginning. SECTION II. REPEALER. That all ordi- nances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any sec ion, 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 un- constitutional. SECTION IV.' 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 S !•:nproveu Ly Tito Lo.%; De^artment 1//6//Fy a�00 I` ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15-48 AND 15-62(A) OF THE CITY CODE OF ORDINANCES, RELATING TO REFUSE COLLECTION, TO LIMIT PLACEMENT OF REFUSE CONTAINERS 18 AND TO CLARIFY THAT ONLY COMBINA- TIONS OF FOUR OR FEWER DWELLING UNITS WILL RECEIVE REFUSE PICKUP SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF/IOWA CITY, IOWA: SECTION I. PURPOSE. The pur ' Os e of this Ordinance is to prohibit coercial solid waste containers (e.g., d mpsters) in front of buildings, and to c arify the ity's refuse collection requ 2ments to ovide that the City's reside tial refuse c llection service will only be provided to aggregations containing our or fewer dwe ing units; S TION II. AMENDMENTS Chapter 15 of the I a City Mu mcipa Code entitled "Garbag Trash and Re use" is hereby amended a follows: A. Sec 'on 15-48 i hereby repealed and a follow ng is adopted in lieu th reof: Secti 15- 8. Same - location. Residentia s lid waste containers shall be tored upon private property. mmercial solid waste containers sh 11 be stored upon private pr pert unless the owner shall hav been granted written permissio from a City to use public pr perty for such purposes. The stor ge site s 11 be well - drained; fully ac essible to collect'on equipment, p blit health personn 1 and fire inspection person el. Except as pr vided in Sectio 15-62(d), commerce 1 solid waste containers shall of b place in the so, cont finers located within fifty (50) feet of a street right -0 -way must be screened from view rom suc right-of-way. B. Sub ection 15-62(a) is her by rep aled and the following is adopted in lieu thereof: (a) Residential: four or ewer we !ng um s. Once per week, as reasona- bly possible, the City shall collect all resi- 0?307 Orc—'mce No. Page 2 dential solid waste resulting from the opera- tion and maintenance of four (4) or fewer dwelling units. For purposes of this Chapter, (1) two (2) rooming units shall be deemed the equivalent of one dwelling unit. (2) any aggregation of more than four (4) apartment, townhouse, condominium or cooper- ative dwell/ing units on one 1 t, or on contiguous lots, shall be deeme to be a multiple housing facility with more than our dwelling units, regardless of wheth or not such units are under one roof or are jointly owne , operated or i tained. This esidential solid waste c llection shall be mandato y, and private collet ion shall not be allowe . The city may establish a easonaVe fee for this ervice by resol tion. Nome busi- ness s otherwi a meeting the requirements of this sub ection shal also rec ive residentia solid wa to collection ervice pr vided that the re iden- ti 1 use is the pr'mary u e, and further prov'ded t at there shall be no s'gn o the premises concerns g e business use larg han one square foot i rea. The director may xempt qualifying dwellings rom the operation of this ubsection if he/she finds hat the solid waste from he dwelling is being c llected along with commercial solid waste from an abutting establishment, 43x9 M Orc nce No. Page 3 when the dwelling and the establishment are part of one complex of buildings serving a unified purpose. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the pr vision of this ordinance are hereby repeale . SECTI N IV. SEVERABILITY: If any section, revision r part of the Ordi- nance shat be adj dged to be invalid or unconstituti nal, uch adjudication shall not affect t e v lidity of the Ordinance as a whole or a y section, provision or part thereof t adjudged invalid or unconstitutiona . SECTION V. F CTIVE DATE: This Ordi- nance shall e in ect after its final passage, appy val and publication as required by 1a . Passed and ;Drove this ATTEST: Awlved A Appraved OY The Legal Dtp3rttrsnt 0 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15-48 AND 15-62(A) OF THE CITY CODE OF ORDINANCES, RELATING TO REFUSE COLLECTION, TO LIMIT PLACEMENT OF REFUSE CONTAINERS IN FRONT OF BUILDINGS AND TO CLARIFY THAT ONLY COMBINATIONS OF FOUR OR FEWER DWELLING UNITS WILL RECEIVE REFUSE PICKUP SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpos of this Ordinance is to prohibit comm tial solid waste containers (e.g., du sters) in front of buildings, and to cl ify the City's refuse collection requi ements to Ov ide that the City's reside sal refuse C o Se ctio ction service will only be provided to gregations containing our or fewer dwells g units; SECT N II. AMENDMENTS. Chapter 15 of the Iowa City Mun1cip Code entitled "Garbage, rash and fuse" is hereby amended as ,lows: A. Section 15-48 is hereby repealed and the foll ing is adopted in lieu there : Section 1 48. Same - location. Residential o 'd waste containers shall be stor upon private property. Commer ' 1 solid waste container shall be stored upon private operty unles the owner shall h ve been grante written permissi n from the City use public roperty for such purp s. The s rage site shall be we - draine fully accessible to colle tion equipment, public health perso nel and fire inspection pers nnel. Except as provided in Sec ion 15-62(d), commercial solid was a containers shall not be pla ed in the front yard. Also, containers located within fifty (50) feet of a street right-of-way must be screened from view from such right-of-way. a3o9 _- t. i_1� Or lance No. Page 2 Subsection 15-62(a) is hereby repealed and the following is adopted in lieu thereof: (a) Residential: four or fewer dwelling units. Once per week, as reasona- bly possible, the City shall collect all resi- dential solid waste resulting from the opera- tion and maintenance of four (4) or fewer dwelling units. For purposes of this Chapter, (1) two (2) rooming units shall be deemed the equivalentf one ell dweng u t. (2) any ag egation of more tan four (4) apartm nt, townhouse, Gond inium or cooper- ativ dwelling units on one lot, or on c ntiguous lots, shall e deemed to be a ltiple housing fa ility with more tha four dwelling units regardless of whethe or not such units a e under one roof or re jointly owned, op rated or maintained. This residential solid waste collection sh 1 be mandatory, and private collection shall not Abe allowed. The city may establish a reasonable fee for this service by resolution. Home busi- nesses otherwise meeting the requirements of this subsection shall also receive residential solid waste collection service provided that the residen- tial use is the primary use, and further provided that there shall be no sign on the premises concerning the business use larger than one square foot in area. The director may ,?,3 d'9 11-1 0, lance No. Page 3 the exempt qualifying dwellings from the operation of this subsection if he/she finds that the solid waste from the dwelling is being collected along with commercial solid waste from an abutting establishment, when the dwelling and the establishment are part of one complex of buildings serving a unified purpose. ON III. REPEALER: All Vdinances s o or finances in co lict with ision of this ordinance are hereby IV. nance shall be a unconstitutional, not affect the as a whole or a part thereof n unconstitutional. SEVERABI ITY: If any m or p t of the Ordi- \judge to be invalid or such adjudication shall valla ty of the Ordinance ny ection, provision or of adjb ged invalid or ECTIVE DA This Ordi- ne ec a e its final passage, appy val and public tion as required by 1 Passed an approved this MAYOR ATTEST: CITY CLERK Received 8, Approved By Th- 1.e9^VI Dep m nt "?3e9 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15-48 AND 15-62(A) OF THE CITY CODE OF ORDINANCES, RELATING TO REFUSE COLLECTION, TO LIMIT PLACEMENT OF REFUSE CONTAINERS IN FRONT OF BUILDINGS AND TO CLARIFY THAT ONLY COMBINATIONS OF FOUR OR FEWER DWELLING UNITS WILL RECEIVE REFUSE PICKUP SERVICE IT ORDAINED BY THE CITY COUNCIL OF'IOWA Y. IOWA: this \Ordinance is to proh solid waste containers (e in front.. of buildings, and City's refuse collection provide that the City's res collection service will o to aggregations containin dwelling units;'., SECTION II. AMENDMEN S. the Iowa City Mui "Garbage, Trash ai amended as follows: A. Section 15-1 and the fol lieu thereof Section 5-48. Sa - location. Residentia solid wast containers shall be stored upo private property. Commercial so 'd waste containe s shall be stor upon private property unless the owner shall ave been granted written permis ion from the City to se public property for such purpose . The torage site shall be well drai ed; fully accessible to co11 ction equipment, public health per onnel and fire inspection per onnel. Except as provided in Se tion 15-62(d), in (R) zones, as de fined in Chapter 36, commercial s lid waste containers shall not be p aced in front of a building or ithin fifty (50) feet of a street ight-of-way unless screened from iew from such right-of-way. B. Subsection 15-62(a) is hereby ealed and the following is adopted in lieu thereof: (a) Residential: four or fewer we n uq nits. nce per wee as reasona bly possible, the City shall collect all resi- The pu pose of i b i t ommercial .g., dumpsters) to clarify the re irements to ' ential refuse y be provided four or fewer Chapter 15 of Code entitled e" is hereby hereby repealed ,,is adopted in a 309 Ord ^nce No. Page dential solid waste resulting from the opera- tion and maintenance of four (4) or fewer dwelling units. For purposes of this Chapter, (1) two (2) rooming units shall be deemed the equivalent of one dwelling unit. (2) any aggregation of more than four (4) apartment, townhouse, condominium or cooper- ative dwelling units on one lot, or on contiguous lots, shall be deemed to be multiple hous'ng facility with ore than four dw ling units, regardl ss of t such der one jointly ted or mainta'ne . This resi tial solid waste colle n shall be mandatory, an private collection shal not be allowed. The ity may establish a reason le fee for t is servic by resolut'an. Home usi- r or are or a' nesses otherwise mee ing the r quirements of t is subse tion shall al rete' a residential soli wast collection service pro ided that the residen- ti use is the primary us and further provided t t there shall be no sign o the premises concerning t e business use larger an one square foot in rea, The director may xempt qualifying dwellings r m the operation of this s section if he/she finds hat the solid waste from the dwelling is being collected along with commercial solid waste from an abutting establishment, ". L9 Ord mice No. Page s when the dwelling and the establishment are part of onecomplex of buildings serving a unified purpose. 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 part or the Ordi- nance shal be adjudged to be invalid or unconstituti al, such adjudication shall not affect the validity of the Ordinance ORDINANCE NO. 84-3216 ORDINANCE AMENDING CHAPTER 9.1-2 DEFINI- TION OF CITY PLAZA OF THE CODE OF ORDI- NANCES FOR THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this amendment is to amend the legal boundaries of City Plaza by deleting a portion of property which is now incorporated in Urban Renewal Parcel 64-1b (hotel) and by adding Urban Renewal Parcel 65-2a to the City Plaza. SECTION I1. AMENDMENT. 1. Chapter 9.1-2 Definition of City Plaza contained in the Code of Ordinances of the City of Iowa City, Iowa, is hereby repealed and substituted in its place is a new legal definition of the boundaries of City Plaza: City Plaza: That part of City property extending from the northern right-of-way line to the southern right-of-way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Dubuque Street from the southern right-of-way line of Washington Street to the southern right-of-way line of College Street. Also, Urban Renewal Parcel 65-2a, described as follows: Beginning at the northwest corner of Lot 4, Block 65, of the Original Town of Iowa City, Iowa, according to the recorded plat thereof, thence along the southerly right-of-way line of Washington Street, 60.28 feet; then South 00003102" W, 110.26 feet; then South 89043136" West, 59.93 feet to a point on the easterly right-of-way line of Dubuque Street, thence North 00007139" West, along said easterly right-of-way line, 110.65 feet to the Point of Beginning. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. a.3/i Ordinance No. 84-3216 Page 2 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 part or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordi- nance s a a to effect after its final passage, approval and publication as required by law. Passedand approved this 4th day of December, 1984.1 _ ATTEST: bmh*d & Approved By The legal De a mM - a 311 It was moved by Ambrisco and seconded by fi , that the Or nance as reada and and upon rol I call there were: AYES: NAYS: ABSENT: x AMBRISCO x BAKER x DICKSON x ERDAHL x MCDONALD x STRAIT x ZUBER First consideration 11/6/R4 Vote for passage: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco, Baker. Nays: Nope Absent: None Second consideration 11/20/R4 Vote for passage Ayes: Ambrisco, Baker, Dickson, McDonald, Strait, Zuber Nays: None Absent: Erdahl Date published 12/12/84