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Home My WebLink About1980-06-17 OrdinanceORDINANCE NO. 80-2997 AN ORDINANCE AMENDING SECTION 8.10.23C3(b) OF THE APPENDIX OF THE CODE OF ORDINAIICES OF IOWA CITY BY REVISING THE PROVISIONS FOR ESTABLISHED YARD j REGULATIONS. SECTION 1. PURPOSE. The purpose of this amendment is to revise the provisions for established Yard Regulations by establishing the minimum front yard for interior lots as an average of the setbacks of the principal buildings on abutting lots. SECTION 2. AMENDMENT. Section 8.10.23C3(b) of the Appendix of the Code of Ordinances is hereby amended to read as follows: (b) Where (a) is not the case, and a lot is within 100 feet of a building on each side, then the front yard is the line drawn from the closest front corners of these two adjacent buildings. On curved streets the front yard shall be established as an average of the setbacks of the principal buildings on the abutting lots. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 17th day of June, 1980. ATTEST: 1,,,n, 7Y 71�ia) ITY CLERK MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES MAYOR 9 Ordinance No. 80-2997 Page 2 It was moved by Neuhauser and seconded by Perrot mai t e r nonce be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch )j— Neuhauser x Perret _ Roberts x Vevera W=1F1iil9WftVjg%U VSiid< nlix 8R—" bgk%Amd*xaoc=x �IQt�E�fnxmaas+E¢ac Moved by Neuhauser, seconded by Vevera, 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:Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: None. Absent: Erdahl. Date of publication June 25, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received $ Approved By The Legal Department --136 M I Ordinance No. 80-2997 Page 2 It was moved by Neuhauser and seconded by Perrot mai t e r nonce be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch )j— Neuhauser x Perret _ Roberts x Vevera W=1F1iil9WftVjg%U VSiid< nlix 8R—" bgk%Amd*xaoc=x �IQt�E�fnxmaas+E¢ac Moved by Neuhauser, seconded by Vevera, 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:Lynch, Neuhauser, Perret, Roberts, Vevera, Balmer. Nays: None. Absent: Erdahl. Date of publication June 25, 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received $ Approved By The Legal Department --136 M ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.10.23C3(b) OF THE APPENDIX OF THE CODE OF ORDINANCES OF IOWA CITY BY REVISING THE PROVISIONS FOR ESTABLISHED YARD REGULATIONS. SECTION 1. PURPOSE. The purpose of this amendment is to revise the provisions for established Yard Regulations by establishing the minimum front yard for interior lots as an average of the setbacks of the principal buildings on abutting lots. SECTION 2. AMENDMENT. Section 8.10.23C3(b) of the Appendix of the Code of Ordinances is hereby amended to read as follows: (b) Where (a) is not the case, and a lot is within 100 feet of a building on each side, then the front yard is the line drawn from the closest front corners of these two adjacent buildings. On curved streets the front yard shall be established as an average of the setbacks Of the principal buildings on the abutting lots. SECTION 3, REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision Part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and Publication as required by law. Passed and approved this ATTEST: CITY CLERK :11CROFILME.D BY JORM MICRE/LAB CCPR RAPIDS - DES :40PIES MAYOR Recelvod & Approval By The Legal Doparhnel 1136 ltq STAFF REPORT To: Planning & Zoning Commission Prepared by: Doug Boothroy Item: 5-8008. Resubdivision of portions Date: June 5, 1980 Of Blocks 5 and 6 - Braverman Center Parts 1 and 2 I , GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: _ Surrounding land use and zoning: Comprehensive Plan: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: i ,r l Public services: i I Southgate Development Co. 1902 Broadway Iowa City, Iowa 52240 Preliminary and final plat approval A resubdivision of portions of Blocks 5 and 6 - Braverman Center Parts 1 and 2 West of Keokuk Street and north of Southgate Avenue 10.20 acres Undeveloped and M1, C2 South - undeveloped, commercial and C2 East - commercial and C2 North - commercial and CH, M1 West - undeveloped and M1 Area is designated as land consumptive commercial Provisions of the Stormwater Management and Subdivision Ordinances 6/6/80 6/21/80 Adequate water and sewer service are available, Sanitation service and police and fire protection are available. MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES //37 M U 9 Transportation: Physical characteristics: ANALYSIS: 2 " Automobile access is provided via Southgate Avenue. The topography is nearly level to gently sloping (0-5 percent). The applicant proposes to resubdivide portions of Blocks 5 and 6 Braverman Center Parts 1 and 2 primarily to provide for the extension of Boyrum Street south from Highway 6 Bypass to Southgate Avenue. As presently platted, the subdivision does not allow access from the north because Olympic Circle is a loop street accessing only Southgate Avenue. The extension of Boyrum Street through this subdivision is considered to be desirable by staff as it will provide an alternative to Keokuk Street. To accomplish the resubdivision of Braverman Center Parts 1 and 2 it will be necessary for the applicant to vacate portions of said subdivision according to procedures detailed in Chapter 409 of the Code of Iowa. If the City of Iowa City consents to the plat vacation it acts to divest all public rights in the streets described therein. Therefore, the vacation of the plat also acts as the vacation of existing rights-of-way previously dedicated to the City. Boyrum Street is presently constructed to arterial street standards (i.e., pavement width of 45 feet back of curb to back of curb) in front of the Hy -Vee Food/Drugtown Development. The applicant proposes to provide for the extension of Boyrum Street matching the existing widths of both the right-of-way and pavement. PPD staff questions the need to construct Boyrum Street 45 feet wide. A minimum pavement width of 36 feet back of curb to back of curb provides space (by prohibiting curb parking) for two moving lanes, with provision of turn lanes at points where required, and on -street emergency parking lanes. The Engineering Division does not concur and recommends Boyrum Street be constructed as proposed. Attached to this report please find a memo from Engineering explaining their recommendation. Engineering is recommending that stormwater management be waived due to the availability of adequate downstream channel capacity (see attached memo). RECOMMENDATION Staff recommends that the preliminary and final plat be deferred. Upon revision of the plat correcting the deficiencies and discrepancies noted below and the resolution of the concerns mentioned above, it is the staff's recommendation that the plat be approved. DEFICIENCIES AND DISCREPANCIES 1. The legal papers are not in order and should be revised. 2. The signatures of the utility companies and the registered land surveyor should be provided. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1/37 3. The lot line should intersect with street lines between 80 and 100 degrees. ATTACHMENTS 1. Location map. 2. Memo from Engineering regarding stormwater management. 3. Memo from Engineering regarding pavement width for Boyrum Street. ACCOMPANIMENTS Preliminary and final plat. Approved by: 0�,�ZAgz l � UorhaIdSch e75er, Acting Director Dept. of Tanning & Program Development MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES S-8008 JRIMWL MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES location map 11V I ORDINANCE NO. SECTION II. AMENDMENT. Sections 8.10.3A, 8.10.8.1 rand E and 8.10.90 of Appendix A of the Code of Ordinances is hereby amended to read as follows: i 46• Living Unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. 46c. Roomer. An occupant of a rooming house who is not a member of the family of the rooming house or operator of the rooming house. A roomer Shall also mean an occupant of a living unit who is not a member of the family occupying the living unit. 64d. Rooming/lodging house. Any dwelling, or that part of any dwelling, containing one 1 or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 64e. Rooming unit. Any room or group of rooms forming a single habitable unit in a rooming house, used or intended to be used for living and sleeping, but not for cooking or eating of meals. 8.10.8 R2 Zone Use Regulations. The premises in the R2 Resident Zone may be used for the following purposes only: A. The uses set forth in 8.10.7 B. Two-family dwellings provided, however, that no more than two (2) i roomers may reside in each living unit. 8.10.8.1 R3 Zone Use Regulations C. Multiple dwellings provided, I however, that no more than two (2) roomers may reside in each living unit. E. Rooming houses provided that occupancy shall be limited to not more than eight (8) roomers per rooming unit and provided that not ' more than 30 roomers shall occupy the dwelling within which the rooming house is contained. 8.10.9 R3A Zone Use Regulations C. The uses set forth in 8.10.8.1 except that occupancy in a rooming house may exceed eight (8) roomers MICROFILMED BY JORM MIC R+LA6 CEDAR RAPIDS - DES MOINES n per rooming unit provided that not more than 30 roomers shall occupy the dwelling within which the rooming house is contained. In fraternities and sororities, occupancy may exceed this maximum limitation. SECTION I1I. 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 of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK MAYOR r 113 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: — BALMER — ERDAHL — LYNCH — NEUHAUSER — PERRET — ROBERTS — VEVERA First consideration Vote for passage: Second consideration Vote for passage: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Received & Approved By The Legal Department T AZl/ 3�