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HomeMy WebLinkAbout2000-06-20 Ordinance Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 00-3934 AN ORDINANCE AMENDING ZONING CHAPTER 14-6D-5G1 REGARDING THE NONCONFORMING PROVISIONS IN THE NEIGHBORHOOD CONSERVATION RESIDENTIAL ZONE (RNC-I 2) WHEREAS, Currently under the Special Provisions section of the Neighborhood Conservation Residential Zone (RNC-12), it specifies all uses or buildings conforming to the requirements of the RM-12 zone prior to January 1, 1993 shall be considered conforming under RNC-12 zoning; and WHEREAS, this provision fails to address areas which are zoned RNC-12 after January 1993 which have buildings or uses established after January 1993 that conform to the requirements of the RM-12 zone; and WHEREAS, this amendment will allow any conforming use in existence at the time the property is rezoned to RNC-12 to remain legally conforming, regardless of the date the use was established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6, entitled "Zoning," Article D, entitled "Residential Zones," Section 5, entitled "Neighborhood Conservation Residential Zone (RNC-12)" be rescinded and replaced with the following: 14-6D-5G1: All uses or buildings which were conforming to the requirements of Section 14- 6D-7 of this article, Low-Density Multi-Family Residential Zone (RM-12) at the time the property is rezoned to Neighborhood Conservation Residential Zone (RNC-12), shall be considered conforming under this chapter. Any building containing a conforming use may be torn down and rebuilt, provided it does not exceed its present density or the density of this zone, whichever is greater, and it conforms with all other provisions of this chapter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed.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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv publication, as provided b law. ATTEST: CITY CLE"'RK ppdadm/ord/nonconform.doc Ordinance No. 00-3934 Page 2 It was moved by O' Donne] ] and seconded by Pfab that the Ordinance as read be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 5/16/00 Vote for passage: AYES: Champ.ion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn. NAYS: None. ABSENT: None. Second Consideration 6/13/00 Vote for passage: AYES : O'Donnell, Pfab, Vanderhoef, W'i]burn, Champ'ion, Kanner, Lehman. NAYS: None. ABSENT: None. Date published 6/28/00 Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING DESIGNATION OF 19.6 ACRES OF LAND LOCATED SOUTH OF VILLAGE ROAD AND WEST OF SCOTT BOULEVARD FROM LOW-DENSITY SINGLE-FAMILY RESIDENTIAL (RS-5) AND PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) TO PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5), TO PERMIT A 10-LOT, 63-UNIT RESIDENTIAL DEVELOPMENT WITH ONE OUTLOT. WHEREAS, the applicant, Village Partners, has requested the City rezone 19.6 acres of land located south of Village Road and west of Scott Boulevard; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached housing; and WHEREAS, the proposed OPDH design includes 60 condominium units clustered around a proposed pond, and three single-family units fronting on Wintergreen Drive; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same, subject to: (1) the City conveying Outlot B, Village Green, Part 14, a 0.35-acre parcel, to Village Partners, and (2) City receipt of a temporary construction easement agreement from the property owner to the west and south of the proposed development to allow the off-site grading activity associated with Village Green Parts 18-20. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its present classification of Low-Density, Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) to permit a 10- lot, 63-unit residential subdivision: OUTLOT "B", VILLAGE GREEN - PART XIV, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 37, AT PAGE 41, RECORDS OF THE JOHNSON COUNTY RECORDER S OFFICE. AND ALSO; OUTLOT "B" AND C", VILLAGE GREEN PART XV, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 38, AT PAGE 97, RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND ALSO; OUTLOT "A", VILLAGE GREEN -- PART XVII, iOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 41, AT PAGE 21, RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND ALSO; BEGINNING AT THE NORTHWEST CORNER OF LOT 7, VILLAGE GREEN SOUTH - PART 3A, IOWA CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT IN BOOK 34, AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°06'07"E, ALONG THE WEST LINE OF SAID LOT Ordinance No. Page 2 7, A DISTANCE OF 70.43 FEET; THENCE S45°41'07"W, 72.50 FEET; THENCE S34°38'32"W, 121.53 FEET; THENCE S03°05'31"W, 138.52 FEET; THENCE S26°51'20"W, 133.52 FEET; THENCE NORTHWESTERLY 241.08 FEET, ALONG A 530.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 239.00 FOOT CHORD BEARS N76°10'31"W; THENCE N89°12'22"W, 111.29 FEET; THENCE NORTHWESTERLY, 75.46 FEET, ALONG A 465.47 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 75.38 FOOT CHORD BEARS N84°33'43"W; THENCE S10°04'57'W, 60.00 FEET; THENCE NORTHWESTERLY, 685.25 FEET, ALONG A 525.47 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 637.72 FOOT CHORD BEARS S42°33'30"E; THENCE N89'57'00"E, ALONG THE SOUTH LINE OF VILLAGE GREEN - PART XIV, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 37, AT. PAGE 41, RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. AND THE SOUTH LINE OF 0UTLOT "A", V1LLAGE GREEN - PART XVII, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK X, AT PAGE X, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 102.40 FEET; THENCE N89°53'53''. ALONG SAID SOUTH LINE, 946.46 FEET, TO THE POINT OF BEGINNING. SAID TRACT QF LAND CONTAINS 8.66 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. RESULTANT TRACT EQUALS 19.6 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. To encourage the development of 60 attached condominium units on 7 lots and 3 single-family units, with condominium units clustered around a pond, accessed by 22-foot wide private streets, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __day of ,20 MAYOR ATTEST: CITY CLERK Ordinance No. Page _. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 5/16/00 Voteforpassage:AYES: Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn, Champion. NAYS: None. ABSENT: None. Second Consideration 6/13/00 Voteforpassage: AYES: Pfab, Vanderhoef, Wilburn, Champion, Kanner, Lehman, O' Donnel 1. NAYS: None. ABSENT: None. Date published Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT HOUSING OVERLAY (OPDH-5) PLAN AND APPROVING A PRELIMINARY PLAN DEVELOPMENT HOUSING OVERLAY PLAN FOR VILLAGE GREEN SOUTH PART 5, A RESUBDIVISION OF A PORTION OF VILLAGE GREEN SOUTH PART 3A, A 12-LOT, 3.33-ACRE RESIDENTIAL DEVELOPMENT LOCATED AT WINTERGREEN DRIVE WEST OF SCOTT BOULEVARD. WHEREAS, the applicant Glasgow Willjams Real Estate has requested the City amend the Planned Development Housing Overlay (OPDH-5) Plan approved for Village Green South Part 3A to reconfigure North Jamie Lane as a cul-de-sac instead of a through-street, and to replat the lots accordingly; and WHEREAS, Village Green South Part 5 will include twelve single-family lots on 3.33 acres; and WHEREAS, the revised OPDH Plan will require the vacation and disposition of the northernmost portion of North Jamie Lane to allow it to become a cul-de-sac; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH Plan and it has recommended approval of the same subject to City approval of the vacation and disposition of the north portion of North Jamie Lane. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to City approval of the vacation and disposition of the north portion of North Jamie Lane, the property described below is hereby redesignated as Planned Development Housing Overlay (OPDH-5), to allow a 12-1ot, 3.33-acre, single-family residential development: BEGINNING AT THE SOUTHWEST CORNER OF VILLAGE GREEN SOUTH - PART 3A, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 34, AT PAGE 38, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE THENCE N63°08'40"E, ALONG THE NORTH LINE OF VILLAGE GREEN SOUTH - PART 4B, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN BOOK 34, AT PAGE 41, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, 271.56 FEET; THENCE N89°22'12"W. ALONG SAID NORTH LINE, 278.97 FEET; THENCE N10°4'57"E, 128.24 FEET; THENCE SOUTHEASTERLY, 80.32 FEET, ALONG A 495.47 FOOT RADIUS CURVE, CONCAVE, NORTHWESTERLY, WHOSE 80.24 FOOT CHORD BEARS S84°33'43"E; THENCE S89°12'22"E, 111.29 FEET; THENCE SOUTHEASTERLY 227.43 FEET, ALONG A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 225.48 FOOT CHORD BEARS, S76°10'31"E; THENCE N26°51'10"E, 163.52 FEET, TO A POINT ON THE WEST LINE OF VILLAGE GREEN SOUTH - PART 3A; THENCE N03°06'31"E, 138.25 FEET; THENCE N34°38'32"E, 121.53 FEET; THENCE N45°41'07"E, 72.50 FEET, TO THE NORTHWEST CORNER OF LOT 8 VILLAGE GREEN SOUTH - PART 3A; THENCE S44°18'53"E, ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 111.37 FEET; THENCE S45°41'07"W, ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 109.01 FEET; THENCE SOUTHWESTERLY, 78.55 FEET, ALONG A Ordinance No. Page 2 50.00 FOOT RADIUS CURVE, CONCAVE, NORTHEASTERLY, WHOSE 70.72 FOOT CHORD BEARS S00041'07"W; THENCE SOUTHEASTERLY 64.14 FEET, ALONG THE NORTH LINE OF LOT 10, VILLAGE GREEN SOUTH --PART 3A, AND A 402.98 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 64.08 FOOT CHORD BEARS S39°45'17"E; THENCE S54°48'19"W, ALONG THE EAST LINE OF SAID LOT 10, A DISTANCE OF 119.32 FEET; THENCE S47°58'19"E, ALONG THE SOUTH LINE OF LOT 11, A DISTANCE OF 84.35 FEET; THENCE S14042'07"W, ALONG THE WEST LINE OF LOT 12, A DISTANCE OF 84.96 FEET; THENCE NORTHWESTERLY 14.76 FEET, ALONG THE NORTHERLY RIGHT OF WAY LINE OF WINTERGREEN DRIVE AND A 471.66 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.75 FOOT CHORD BEARS N74°24'07"W; THENCE S16°29'39"W, ALONG THE WEST LINE OF LOT 13, VILLAGE GREEN SOUTH - PART 3A, A DISTANCE OF 195.90 FEET, TO THE POINT OF BEGINNING SAID TRACT OF LAND CONTAINS 3.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. VARIATIONS. To allow North Jamie Lane to a be a cul-de-sac, the Planning and Zoning Commission recommended approval of a 12-1ot single-family development in accordance with the OPDH Plan. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __day of ,20 MAYOR ATTEST: CITY CLERK A db Ordinance No. Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 5/16/00 Voteforpassage: AYES: Lehmnan, O'Donne]'l, Pfab, Vanderhoef, W'i'lburn, Champion, Kanner. NAYS: None. ABSENT: NOne. Second Consideration 6113/0(') Vote for passage: AyES : Vanderhoef, W'i]bur'n, Champ'ion, Kanner, Lehman, O'Donne]l, Pfab. NAYS: None. ABSENT: None. Date published 06-20-00 ] 5i Prepared by: Scott Kugler, Associate Planner 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WOODLAND RIDGE, PART THREE, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Jeff and Jennifer Maxwell, filed with the City Clerk the final plat of Woodland Ridge, Part Three, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Outlot "D" of Woodland Ridge Subdivision - Part One, to Johnson County, Iowa, in accordance with the Plat thereof Recorded in Plat 37, at Page 299, of the Records of the Johnson County Recorder's Office. Said Outlot "D" contains 22.32 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the conditional dedication of the streets, easements as provided by agreement and by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ,2000. ATTEST: MAYOR Cityr::e rney~ CITY CLERK It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadmin/res/woodland.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-0013. Woodland Ridge, Pad Three Date: June 1, 2000 Final Plat GENERAL INFORMATION: Applicant: Jeff and Jennifer Maxwell PO Box 1802 Iowa City, Iowa 52244 Phone: 354-5858 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Final plat approval Purpose: To create a 7-lot residential subdivision. Location: East end of Meadow View Lane SW Size: 22.32 acres Existing land use and zoning: Vacant, County RS Surrounding land use and zoning: North: Agricultural, County RS; East: Highway 218; South: Agricultural, County A1; West: Agricultural, RS. Comprehensive Plan: Fringe Area B - residential development is permitted at RS densities where zoning was in place prior to the adoption of the Fringe Area Agreement Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: May 11, 2000 45-day limitation period: June 26, 2000 60-day limitation period: July 10, 2000 BACKGROUND INFORMATION: The applicants, Jeff and Jennifer Maxwell, are requesting a final plat of Woodland Ridge, Part Three, a 22.32 acre, seven-lot residential subdivision located at the east end of Meadow View Drive SW. Part Three is to be located on property previously platted as Outlot D within Woodland Ridge, Part one. At the time, Outlot D was identified as a parcel reserved for future development. The preliminary plat for Part Three was approved earlier this year. This property is zoned Suburban Residential (RS) and is located within Fringe Area B, but outside of the City's adopted growth boundary. The Fringe Area Agreement for Area B states that residential development is appropriate on parcels zoned residential prior to the adoption of the agreement, which is the case for this parcel. Therefore, residential development under the provisions of the RS zone is appropriate for this property according to the agreement. ANALYSIS: The proposed final plat appears to be generally consistent with the approved preliminary plat and the City's subdivision regulations, Legal papers and construction drawings have been submitted and will have to be approved by staff prior to City Council consideration of the plat. Approval of this plat will result in the extension of Meadow View Lane and the construction of a new street, Nutwood Drive. The extension of Meadow View Lane will result in a very long cul-de- sac street situation and single access for the 26 lots that will be located within Woodland Ridge. Nutwood Drive, a stub street leading north to the property line, has been identified as a potential secondary access for this development. It will contain a temporary turn around at the north property line, which is to be removed if and when the street is extended to the north as the adjacent property develops. However, the legal papers as drafted contain no provisions to ensure that the extension of this street to the north will be possible in the future, nor do they provide for the removal of the temporary turn around should that extension occur. The legal papers should incorporate language to provide a public access easement over Nutwood Drive and Meadow View Lane, and address the extension of this street and removal of the turn around when the property to the north is developed. The plat contains easements to expand an existing storm water management easement and to create a new storm water management easement at the southeast corner of the property. Although easements are being provided at this time to allow storm' water management to be provided in the future, the County does not require storm water management. Therefore, the basins need not be built at this time. Provisions should be incorporated into the legal papers to provide for this to occur in the future should the property be annexed into the City. The legal papers currently do not address storm water management. STAFF RECOMMENDATION: Staff recommends that SUB00-0013, a request for a final plat of Woodland Ridge, Part Three, a 22.32 acre, seven-lot residential subdivision located at the east end of Meadow View Lane SW, be approved, subject to the approval of legal papers and construction drawings pdor to City Council approval of the final plat. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: ~ Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IO~A CITY · ~ BH P ~-- , ,~ ~ .... ~-~_~ 12 SITE LOCATIOn: ~oodland Ridge Subdivision, Pa~ 8SUBO0-O0018 Final Plat WOODLAND RIDGE SUBDIVISION, PART THREE Resubdivision of Outlot "D", Woodland Ridge Jo Iowa LEGEND AND NOTES 7 ~ ~ ,--""'/" '/"'~i ~'~ ,.--'.,,' ,~._..~....,.., ,...,_.,.. ---~-~ Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. 00-3935 AN ORDINANCE VACATING THE NORTHERNMOST PORTION OF NORTH JAMIE LANE LOCATED WEST OF SCOTT BOULEVARD. WHEREAS, a revised Planned Development Housing Overlay Plan for Village Green South Part 5 has been filed, which changes the configuration of North Jamie Lane from a through-street to a cul-de-sac; and WHEREAS, the northern 4,229 square feet of the North Jamie Lane right-of-way is no longer needed, and is proposed to be development lots; and WHEREAS, the utilities within the right-of-way will be relocated, and easements in the right-of- way no longer necessary will be released; and WHEREAS, approval of the vacation and disposition of the northernmost portion of North Jamie Lane will occur concurrent with or pdor to Council approval of the preliminary plat and preliminary OPDH plan for Village Green South Part 5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the disposition and conveyance of the right-of-way being approved concurrent with approval of the vacation, the City of Iowa City hereby vacates the right- of-way, legally described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 9, VILLAGE GREEN SOUTH, PART 3A, 10WA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 34, AT PAGE 38, OF THE REC. ORDS OF THE JOHNSON COUNTY RECORDER S OFFICE; THENCE N29°19' 15"E, ALONG THE WEST LINE OF SAID VILLAGE GREEN SOUTH, PART 3A, 50.00 FEET; THENCE SOUTHEASTERLY 66.24 FEET, ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF NORTH JAMIE LANE AND A 452.93 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 66.19 FOOT CHORD BEARS S56°29'21"E; THENCE NORTHEASTERLY 21.47 FEET, ALONG SAID RIGHT OF WAY LINE AND A 15.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE 19.68 FOOT CHOR0 BEARS N86°41' 36" E; THENCE S45°41 '07"W, 10.46 FEET; THENCE SOUTHWESTERLY, 78.54 FEET, ALONG A 50.00 FOOT RADIUS CURVE. CONCAVE NORTHEASTERLY, WHOSE 70.71 FOOT CHORD BEARS S00°41'07"W, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID NORTH JAMIE LANE; THENCE NORTHWESTERLY 115.08 FEET, ALONG SAID RIGHT OF WAY LINE AND A 402.93 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 114.69 FOOT CHORD BEARS N52°29'49"W, TO SAID POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 4,229 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, Ap b ppdadm/ord~amie.doc Ordinance No. 00-3935 Page 2 It was moved by 0 ' Donne] ] and seconded by Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 5/16/00 Vote for passage: AYES: 0'Donne]], Pfab, Vander'hoef, Wilbur'n, Champion, Kanner', .Lehman. NAYS: None. ABSENT: None. Second Consideration 6/13/00 Vote for passage: AYES: Wilbur'n, Champion, Kanne~', Lehman, 0'Donnell, Pfab, Vander'hoef. NAYS: None. ABSENT: None. Date published 6/28/00 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 ORDINANCE NO. 00-3936 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1999), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment facility system; and WHEREAS, wastewater rates, which were last increased in 1999, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 5% for billings on or after August 1, 2000 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: Ordinance No. 00-3936 Page 2 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference Minimum Monthly Charge (includes the First $ 6.84 14-3A-4 100 Cu. Ft. of Water Used) Monthly Charge for Each Additional 100 Cu. Ft. 3.35 14-3A-4 of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL* Included in charge for 100 14-3A-4 cu.ft. of water 3used BOD (per pound) from 301 MPL to 2000 MPL* .25 14-3A-4 BOD (per pound) greater than 2000 MPL* .375 14-3A-4 Suspended Solids (SS) (per pound) .20 14-3A-4 Monthly Minimum, Unmetered User 28.02 14-3A-4 Manufactured Housing Park, Monthly Minimum 28.02 14-3A-4 Per Lot Holding Tank Waste - plus landfill fees $.03 per gallon 14-3A-4 Holding Tank Waste Hauler - Annual Permit $800 per year 14-3A-4 Deposit and Delinquency Fee for Combined City Water 14-3A-7 and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined $ 0 residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant ascount, per combined resi- $80.00 dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquensy charge on current 5% current billed portion of the outstanding amount on billed portion combined water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date. Delinquency Deposit Fee for Combined City Water An amount 14-3A-5 and/or Sanitary Sewer and/or Solid Waste Collection equal to an aver- Accounts age two-month billing for the delinquent account *Milligrams per liter (MPL) Ordinance No. 00-3936 Page 3 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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, approval and publicatio be collected as set forth in § 14-3A-4, City Code. (MAYOR ATTEST:C~i~¢/) ,~- City Attorney's O~ffi~e~L' '~"' D - 0 O Date ~nadm\ord%sewedncOO.doc Ordinance No. 00-3936 Page 3 It was moved by Va nrlPrhnef and seconded by O' Donnel 1 that the Ordinance as read be adopted, and upon roll call there were: AYES:NAYS:ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 5/16/00 Vote for passage: AYES: Vande~'hoef, Wi]burn, Champi:on,Kanner, Lehman,O'Dohne11, Pfab. NAYS: None. ABSENT: None. Second Consideration 6/13/00 Vote for passage: AYES: Kanne~', Lehman, O'Donne'l], Pfab, Vande~'hoef, Wilbur'n, Champion. NAYS: None. ABSENT: None. Date published 6/28/00 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 ORDINANCE NO. 00-3937 ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1999), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, water rates, which were last increased in 1999, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and treatment system; and WHEREAS, the City of Iowa City is required to comply with federal safe drinking water standards, and is planning to construct a new water supply and treatment facility and distribution system; and WHEREAS, water rates for fees and charges will fund this major project over time; and WHEREAS, the Iowa City City Council proposes to increase water user fees by 10% for billings on or after August 1, 2000 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amended by: a. Repealing the subsection entitled "Water Service Charges" in Section 3-4-3 and substituting the following in lieu thereof: Amount of Fee, Charge, Bond, Fine or Penalty Water Service Charges (14-3A-4) Meter Size August 1, 2000 (Inches) Charge Minimum monthly user charges 5/e $7.47 for water service for the first 100 % 8.17 cubic feet or less of water used, 1 9.63 based on meter size 1 Y2 19.21 2 25.82 3 47.72 4 83.24 6 167.51 The minimum charges for larger meters will be based on comparative costs to a 6" meter. The minimum monthly charge for an account holder who furnishes and maintains the meter at the account holder's cost will be based on the minimum for a 5/8" meter, regardless of the size. There will be no minimum monthly charge for a single-purpose water meter from November to March for those months during which no water is used. Ordinance No. 00-3937 Page 2 Monthly August 1, 2000 Usage Charge (Cu. Ft.) Monthly user charges for water in 1 O0 to $3.49/100 cu. ft. excess of 100 cu. ft. per month for 3,000 dual purpose water meters cu.ft. Over 2.511100 cu. ~. 3,000 cu.ft. Single-purpose meter charges for water Over 100 $3.49/100 cu. ft. in excess of 100 cu. ft. per month Charge Returned check/automatic bank debit for $10.00 payment of water services Discount for combined accounts enrolled 1.00 in sure pay, per billing b. Repealing the subsection entitled "Direct Purchase of Water Fee, per 200 gallons or Fraction Thereof" in Section 3-4-3 and substituting the following in lieu thereof: Direct Purchase of Water Fee, Per 200 Gallons $.55 or Fraction Thereof (14-3A-4C) SECTION Ih REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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, approval and publication, to be collected as set forth in § 14-3A-4, City Code. RKCI r Ve f~ce Date finadm~or~waterin~.doc Ordinance No. 00-3937 Page 3 It was moved by Vanderhoef and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll call there were: AYES:NAYS:ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhcef X Wilbum First Consideration 5/16/00 Voteforpassage: AYES: Wilburn, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, NAYS: Champion. ABSENT: None, Second Consideration 6113100 Voteforpassage: AYES: Kanner, Lehman, 0'Donne]'l, Pfab, Vanderhoef, Wi]burn. NAYS: Champion. ABSENT: None. Date published 6 / 28/00