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HomeMy WebLinkAbout1977-04-26 ResolutionApril 26, 1977 Members Iowa City Council Iowa City, Iowa Dear Council Members: 0 The resolution of the airport commission regarding the vandalism of the airport memorial is appropriate. The culpable parties, both in city government and in PROJECT GREEN, must rectify their sarong. The plane, cut asunder over a lunch hour, must not just be returned to the airport grounds; it must not merely be patched up; it must be fully and neatly restored and without delay. Those at fault must demonstrate their sincerity by focusing their time, money, and resources on making the memorial better than it was. For example, it would be desirable to also place a bronze marker at the site. This is an opportunity to bring greater good out of a perverse act. I suggest that, by City Council resolution, the Mouiori.al Day weekend this year in Iowa City be specifically dedicated to reconsecration of the memorial with its restored aircraft. This could be highlighted by a short ceremony at the airport. That humble old jet has come to svmbolize Mow the voice of the people can yet prevail and how the democratic system, not cliques and cabals, will ultimately triumph. There can be no more magnificent monument to those of this city who gave their lives for our nation. Sincerely, cc : `Ira . Nancy St :bvi I i❑w, Pro lut t t:r, ,'I lows Clt`.', lowa $17 1 Kr.+us, Jr t�10111 1 l:!U Oakcrest Street 1 owa City, Iowa cc : `Ira . Nancy St :bvi I i❑w, Pro lut t t:r, ,'I lows Clt`.', lowa $17 0 Mr. John D. Kraus, Jr. 1220 Oakcres t St. Iowa City, IA 52240 Dear Mr. Kraus: 0 May 2, 1977 The City Council received and placed on file your letter concerning the removal of the plane from the Airport entrance at its regular meeting of April 26, 1977. We all regret the manner in which this airplane was removed from the Airport entrance. It is best to focus on the fact that Project Green has now announced that they will make efforts to either restore the plane to its previous location or assist the Airport Com- mission in locating a new plane. Indeed it is appropriate that this plane be identified as a memorial to those who lost their lives in action by placing a marker at its base. Thank.you for expressing your concerns to the City Council concerning the plane. Zf I can be of any additional assistance to you, please do not hesitate to let me know. Sincer ly yours, Neal G. Be City Manager CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319.354 1800 927 0 0 RESOLUTION NO. 77-1" RESOLUTION CONCERNING RETURN OF JET AIRPTAN FORMERLY LOCATED AT THE IOWA CITY, IaN4, MUNICIPAL AIRPORT. WIEREAS, an F-86 jet airplane was forrnerly located at the entrance to the Iowa City, Iowa, Municipal Airport, and WiEREAS, the airplane has been removed without proper authorization. NOW, TIE=- RE, BE IT RESOLVED BY TIE COUNCIL OF THE CITY OF IOM CITY, Iaik: 1. That the jet airplane be returned to the Iowa City Municipal Airport and restored to an acceptable condition, or that a suitable or Like replacement be put back at the Iowa City Municipal Airport, all at the expense of Project GREEN. 2. That the Mayor is hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by _ Vevera and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES. NAYS: ABSENT: Y— Balmer deProsse Ibster Neuhauser Perret Selzer X_ Vevera Passed and approved this 161 day of Anri t , 1977. i C if f._ ^i IJ (A Mayorr City Clerk DYiiF t?; e1�4L y zti 't � 9.211 On behalf of the Iowa City Airport Commission I would like to comment on two recent news items, apparently somewhat related: (1) regarding removal of the F-86 memorial at the Iowa City Airport: At the February 17th meeting of the Iowa City Airport Commission, three Project Green representatives presented plans for beautifying Highway 218 south, and solicited commission support for the project. The Airport Commission voted approval of the plantivoW and authorized some financial assistance. At that time Nancr Seiberling expressed a personal opinion about the desirability of having the F-86 removed, and having the circular concrete slab formerly used for flying string -controlled model airplanes removed. The pros and cons were briefly discussed. At that time the Project Green Cormi,tee G •Y.. loot. was informed by the airport manager, that the plane was a memorial to those killed in the Korean conflict , and the matter was dropped. No request was made to remove the r -8E, and I can state unequivocally that: no permission, either expressed or, implied, by the commission or bl,' an in%'ividual *gcn!,er of t}hc corr.isr,i^^, or by the airport manager was ever riven to Project Creen to remove the airplane. -1- 8K Some of the news media ha6 '4n -e . e._t1"y reported that the Iowa City Airport Commission "approved" the Project u zn.f y9„6 ,s Green plan which did not include the airplanes I would like to make it clear that the plan presented was on a highway right-of-way map (somewhat out-of-date) which was marked up and coded to show proposed plantings. It was not an airport plan and did not show features of the airport, nor the F-86. The commission gave approval to the proposed landscaping , not the airplane removal. Nevertheless the F-86 has been removed. Project Green has stated that it will take whatever steps are necessary to restore the memorial, and have requested that we help coordinate the various veter4s groups to accomplish this, and we as a commission plan to do this. I think all parties, whomever they may be, Brew regret tw-k Clri�i of Project Green is one of the organizations that has helped make Iowa Citv the finest community in Iowa, and we hope that the .ur}farinne airplane incident does not detract from their many fine -f �3rer-. haysent some of the hardest working People that we have, and thev are appreciated. 'Miev deserve our continued financial support and encouragement. 0 Ll (2) Regarding, discussion at Monday's informal council meeting clarifying_ city -airport contractual relationships and a referendum to eliminate the airport commission and place it under the control of the city staff: The airport commission was established by a vote of the people, and can be eliminated by the same process. It is an autonomous commission (somewhat different than other commissions, which are strictly advisery). The Iowa City Airport which the Airport Commission controls is one of the finest general aviation facilities in Iowa. Its continued presence and improvement is important to local industries, to University Hospitals, and to all the citizens of Iowa City. Memebers of the Airport Commission would vote against abolishing the airport commission for several reasons. We feel that the council and city staff have enough problems already. Transferrins responsibility for operating, the airport to the city staff would probably result in hiring+ additional people, which would require additional tax monies_ Commission mernhers are appointed by the Council and serve without nay. T"ev grrv, cnr a ner'n.+ � c ns rp. 0 0 Since 1970 the Iowa City Airport has operated in the black; i.e. has had more income than outgo requiring no tax monies for its operation. This is possible because the airport has two sources of income: it receives income from leasing physical facilities to the fixed -base operator, Iowa City Flying Service, and it farms the tillable land at the airport. It hires a part-time manager, K.K. Jones, who also operates Iowa City Flying Service. Mr, Jones is paid $5,000 per year for operating the airport. P" T/'r /+ -'r 2 vt'gac presented some questions to the city about 4 CGv.:lad h --YalL " /+A...//-_J,�:-/d /.'<czye'4 receipts which -1,e � . -� + p to the airport I commission, sasA compensation from the right-of-wav sold to the state when Highway 218 was widened; we found -that this money had improperly gone into the k e r -rel,, re &,� _ city's general fund, and ked this mistake changed to «1t , comply with _tea.,. We believe that keeping the airport commission autonomous keeps the city more y,h0",,.1,. accountable, and discourapesO4"Pal accounting practices quargtierrew /,A" C/,; n/t?, t rleW dt The Commission apparently haP teen rpitizec :or seeking long-terpi lease of rc :rmnt:: at t6r. Sometime in the loure F;7;:ar:•1e expenditures ui11 be required to resurface runways and further exp—and physical facilities. In anticipation of Chese exnendi• urMr, ?he pirpnrf rnmp�tPPlr�l'. I1Flr I,npur^ •r seek proposals from light industry who might be looking, for a site near a good airport. According to the last master plan, 34 acres of the airport could be logically used for such a purpose, "and the cr_•,,mission hopes that revenues derived therefrom might help keep the operation in the black in the futurP. ,.n •k,1 .•I;e %c- !/i./ ye .. ,, /w,ul wllF we believe in-ar contractual arrangements with they Qrra+� �s , .city should be formalized, and firmly believe in the principal of shared equipment, if the resultant cost is lower. Most of our problems in this area have been runways not being cleared immediately after snowstorms (an airplane can't wait) , and difficulty in interpreting the backcharges for city equipment and labor (some of these charges do not appear on computer printouts,,€),— Our problem here is one of communication TPF/ /S A.l,.J u1- aJn,,% u,(, liat< hive , 41 which we iwprs improve/,,.,/„ T:, .,v I, JA.r� Cr. �s,�..ns tc ya✓ We icela44-y appreciate the recent liasi.on that has been established between the Airport Commission and the City by having a staff membernattend all commission l.. meetings to help solve the above,,prob lems. I hope that the above information will hell) clarify s<rMe of 71..i the questions about the r-86, andjhP Airport Commission which nave recently been raised.610x_. C. L. Peterson , Chai rman Iowa rii,, Ai.rpori "o^" 4'1 }-n 0 0 RESOLUTION NO. 77-11R RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Securities Bldg. Corp. dba/ Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x _ deProsse x _ Foster x Neuhauser x _ Perret x Seller x Vevere x Passed and approved this .ctt, day of r,; ri] 19-77 932 0 RESOLUTION NO. 77-119 L-A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Sales Permit application is hereby approved ore ollowing named person or persons at the following described location: Securities Bldg. Corp. dba/Long John Silver's, 1940 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together With the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by m�ea m�er and seconded by deProsse that the Resolution as rube n op e , and upon roll ca ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret r Belzer x Nevera x Passed Shia :Et i. Gay of 9.32 a� Fr.' 0 0 RESOLUTION NO. 77-120 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZ' TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -for the following named person or persons at the following described location: Pershell Corp. dba Colonial Lanes, 2253 Highway 218 South Said approval shall be subject to any conditions tor re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Bal mar and seconded by deProsse that the Resolution as read -5e adopted, and upon roil caII there were: AYES: NAYS: ABSENT: Balmer x deProsse x Poster Neuhauser Perret x Selzer x _ Passed and approved this 2ee11 day of Apr Il , 19 77 833 RESOLUTION NO. 77-121 F BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Sales Permit application is hereby approved o�Following named person or persons at the following described location: Pers hell Corp. dba/Colonial Lanes, 2253 Highway 218 South Said app naval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by deProsse that the Resolution as read be a op s , and upon roll ca ere were: AYES: HAYS: ABSENT: Balmer deProsse x Poster x 44euhauser x Ferret x Belzer Vevera x Passed this 24th day of April , 19 77 • C�jo_, t 0-b o� z RESOLUTION N0. 77-179 f tl L t RESOLUTION SETTING PUBLIC DARING UPON AN ORD IISKE TO VACATE A PART OP PARSONS AVENUE IN IO[A CITY, IOWA, NEAR WILLIAM WHITE DOULEVARD AND WASIMMON STREET PLACE. WHWM, a portion of Parsons Avenue in Iowa City, Iowa, has never been opened, and WHE \ , certain persons have long thought that the parcel was a part of theirpr9perty, and WHEREAS,' title objection has been raised concerning a small portion of Parsons A ue that is approximately 30 feet,wide and 62,1 feet long at its longest po' t, and W1EMNS, the ity has no need of this P Dowty. NOW, THEREFORE, - IT FXSOLVED BY THE,/COUNCIL OF TIS CITY OF IOWA CITY, IOWA: i 1. That a public aring be held;bn the IOth day ofMav 1977, at 7:30 P.M. in Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, 2240, on ;the question of whether the City should vacate the following descni�" property, to -wit: A portion of Paons Avenue described as follows: Cawencirng at a oint that lies South 89 de- grees, 48' East 191.5 eet of the northeast corner of Lot 19 Block a- Clark and Borland's Addition to Iowa City, Iowa„and at Southwest corner of Parsons Avenuefis extended- thence S 89 degrees 48' East 30 feet; thence no to the southerly line of William miite Boulevard, (Formerly the right of way of the CRI & R Railroad Ccngary; thence N 19 degrees 47' West along said Southerly line to a point north of the point of beginning; Thence ,9outh 62.1 feet to the point of beginning. It was that the Re AYES; by Balmer and seconded by dpPmc�e I in as read be adopted, and upon roll call there were NAYS; ABSIIVP• Balmer deProsse Foster Neuhauser Perret SP17er Vevera Passed and approved this _ yt,jhday of _------_....11uu1---.--' 1977. 1777: % U,FYT T ,. rh7yorRP PY vl ,, I;i 5_, 1;; 0 0 NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Iowa City proposes to vacate the following described property, to-wi t: A portion of Parsons Avenue described as follo'vf: Commencing at a point that lies South 89 degrees, 48' East 191.5 feet of the northeast corner' of Lot 19 Block 1 Clark and Borland's Addition to Iowa City, Iowa, and at the Southwest;Corner of Parsons Avenue as extended; thence S'89 degrees 48' East 30 feet; thence north to,the southerly line of William White Blvd., (�o'r merly the right- of-way of the CRI & P Railroad Company); thence N 49 degrees 47' West along/said Southerly line to a point north of the point of beginning; thence South 62.1 feet to the;pbint of beginning. Notice is further given that pursuant to Section 364.12.2a of the Code of Iowa that a hearing by the City Council of Iowa City, Iowa, on said proposed vacation of said property will be held in the Coun- cil Chambers,in the Civic Center of Iowa City, Iowa, at 7:30 P.M: DST on May 10, 1977, and any person having objections to said proposed action may appear/and file their objections at said hearing. Dated at Iowa City this 30th day of April, 1977. �. /4/30/77 ABBIE STOLFUS, CITY CLERK r RESOLUTION NO. 77- 123 RESOLUTION ESTABLISHING FIT: FOR RECEIVING DOGS AND CATS EMM NON-RESIDENTS OF IM CITY AT TIS IOWA CITY ANIMAL SHELTER. WHEREAS, Section 9.21 of the Code of Ordinances of Iowa City provides that the Council shall establish fees for the operation of the Iowa City Animal Shelter, and wHmEAS, considerable expense is incurred by the citizens of Iowa City in providing for animals brought in from outside of Iowa City, and WHEREAS, the Council deems it desirable to establish fees for aninals brought in from outside Iowa City. NGW, TIEREMRE, BE IT RESOLVED BY THE oDiNCLL OF THE CITY OF IOWA CITY, IOM: 1. That any non-resident of Iowa City bringing a dog or cat to the Iowa City Animal Shelter for adoption sha11 pay a fee of two dollars ($2.00) per animal, except that the maximum fee shall be ten dollars ($10.00). This provision shall also apply to any officer, employee, or agent of Johnson County, Iowa, if that person is acting in his or her official capacity. It was moved by Foster and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ten. f A A'iiulA / —i1 Mayor Caty clerk Balmer X deProsse X Foster X X Neuhauser —x Perret X Selzer Vevera X Passed and approved this 26thday of April 1977. ten. f A A'iiulA / —i1 Mayor Caty clerk • 'RF4ff1%'rD APR 18 1911 / JOHNSON COUNTY BOARD OF SUPERVISORS COURT HOUSE IOWA CITY, IOWA 52240 PHONE: (319) 338.6442 BOARD OF SUPERVISORS LORADA E. CILEK HAROLD M. DONNELLY DON SEHR April 15, 1977 Mr. Neil G. Berlin City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin: In response to your letter dated April 6, 1977 regarding the proposed resolution establishing fees for receiving dogs and cats from non-residents of Iowa City at the Iowa City Animal Shelter; the Board of Supervisors of Johnson County in action on April 14, 1977 voted to concur with your proposed resolution on a temporary basis until something further can be worked out. Perhaps the City Council and the Board of Supervieorrs could dis- cuss this at a joint meeting sometime in the near future. Sincerely, q Q Lorada E. Cilek Chairman Board of Supervisors LEC:mis F;" 0 I2E.SOL "ION NO. 77-124 11 RFSOL[IPION ACCEPTING SANITARY SDUZ IM1PROVEf, M'S IN VILLAGE GZ-FT,-7UU VI WEIEREAS, the Engineering Department has certified that the following inProvemnts have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Village Green, Part VI except Village Farm Apartment, as constructed by Knowling Bros. Contracting Co., Coralville, Iowa. AND WHEREAS, Maintenanoe Bonds for Knowling Bros. Contracting Co.ar-ve on file in the City Clerk's Office, MOA THEREMRE BE IT ROSMVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and seco[ded by Se I zer that the Resolution as be accepted, and upon roll call a were= AYES: NAYS: BAIM7R x doPRDSSE x FOSI1iR x MUMMER PEMILT SELZER a VEVERA passed and approved t?ii z " i, i n day of au, . I , 19_. Marx* � ' 0, - , City cid`—' Rvc-1w-d Dk i o Lc ZI 77 266 ENGINEER'S REPORT April 15, 1977 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayer and Councilpersons: I hereby certify that the construction of the Improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Village Green, Part VI except Village Farm Apartment Lot, as constructed by Knowling Bros. Contracting Co., Coralville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. RReees, n lly submitted, 4 Uel�W 4-/— Eugne A. Dietz, P.E. City Engineer Eo/jp �� iZESOLUTION N0. 77-125 RESOLUTION APPROVING PLAT OF H1024 SECOND ADDITION WHEREAS, the owners and proprietors, Merlin Hamm and Jerry Hilge nberg, have filed with the Clerk of t h e City of Iowa City, Iowa, a Plat Subdivision of Hamm Second Addition to the City of Iowa City, Iowa, covering the following described premises, located in Johnson County, Iowa, to -wit and Tract C of Towner est Addition Part IV to the City of Iowa City, Iowa, also described as follows: Commencing at a point 919.96 feet South and and 2329.99 feet East of the N14 corner SWy Section 13, T79N, R614, of the 5th P.M., said point being the point of beginning; Thence East 273.30 feet to the East line of the SA of said Section 13; thence S 0°39'00" W, 559.38 feet on the East line of the SWz of said Section 1.3; thence N 89021'00" W, 110.00 feet; thence N 0°39'00" E, 50.00 feet; thence N 89°21100" W, 269.91 feet; thence N 0°39'00" E, 84.45 feet; thence N 90°00'00" E, 110.00 feet; thence N 0.39'00" E, 60.00 feet; thence N 0' 07'00" E, 360.60 feet to the point of beginning. Said tract containing 3.50 acres more or less. WHEREAS, said property is owned by the above named parties and the dedication has been made with their free consent and the consent of their spouse, and in accordance with the desires of said owners, and WHEREAS, the Planning and Zoning Commission of the City of Iowa City, Iowa, has approved the plat and the plans for streets related thereto, and WHEREAS, said Plat and Subdivision is found to contorm with the requirements of Chnpter 409 of the Code of Iowa and all other statutory requirements for platting. NOW, THEREFORE, 8E 11' RESOLVED BY THE CITY Ct1UNC11, OF 1014A CITY, IOWA. ab followti: 1. That saJd ]'lift and Subdivit:ion of Hamm Second Addition to tthe City of Iowa City, low", be and ritw eamc is horeby approved and tilt. drdicotion of thr atreerb it: lu•n •f.v ".•.•r"�rd 2. That the CJori. nod Mnyot rltr im"i" Itn111"rtsrd and dlrectud to S tr+awed Z Apptov" I%y Tim t.•g*1 D"Part n*nt -2- certify a copy of this Resolution to the County Recorder of. Johnson County, Iowa. It was moved by deProsse and seconded by Selzer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: John Balmer x Carol deProsse x L. P. Foster x David Ferret _ Max Selzer X Mary Neuhauser x Robert Vevera f �1/��tl'A A1fI,1fl Maryary Neuhauser Mayor u ATTEST: Abbie Sto lfus, Clerk Passed and' approved this -26thday of Apr 11 1977 . CERTIFICATE We, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa do hereby certify that the foregoing Resolution is a true anE exact copy of the Resolution adopted by the Council of the City of Iowa City, Iowa, at a regular meeting held on the 2611 day of Apri I , 197 7. and that as shown in said Resolution, the Council of the City of Iowa City, Iowa, did on the 26th day of AprlI , 197 7 , ennet said Resolution approving the Plat of Hamm Second Addition to the City o1 Iowa City, Iowa. Mury Ne411Lu r, Muyor A1TES1': Abide Sto.l lue:, Clerl I STAIT R l'Old To: Planning and Zoning Commission Item: S-7716. :liarmn's Second Addition GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Si ze: aisting land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 611-duy limitation period: SPECIAL INFORMATION Public utilities: Public services: TrunspnrlAil ion: Phybicul churacteri ,tics: Prepared by: Doug Hoothroy [late: April 21, 1977 Marlin Hamm and .Jerry Hilgenberg 330 C. Court Street Approval of a final plat and a Planned Area Development Plan. To develop a Planned Area Develop- ment Plan which mixes single family residential and two—family dwellings. East of Dover Street and north of Parkview Avenue. 3.5 acres Undeveloped and R16 South - single family residential and R19 Rest - single family residential and III North - single family residential, multi -family residential, Village Green Commons and R19 East - undeveloped and RIR Zoning Ordinance, Subdivision Ordinance 4/29/77 5/13/77 Adequate water and se:weruge service art, availuhle. Sanitation service and police and fire protection ore aivuiluble. Vohionlur urccss wou 1d br provided trom 11urkttew Avenue - 'rhe topugruphy is gently bluping from north to south. -2- 0 ANALYSIS An analysis of the proposed development was submitted in Staff Report S-7611 dated May 20, 1976 (see attachment). A letter requesting a variance which will allow for a 25 -foot wide pavement for Esther Court rather than a 28 -foot wide pavement as shown on the preliminary plat and approved construction plans has been submitted. The variance was requested for the following reasons: 1. Esther Court will not be a "through" street now or in the future. 2. Parkview Avenue, Esther Street and Dover Street onto which Esther Court traffic will flow have only 25 -foot wide pavements. The City Engineer recommends the variance be granted (see attachments) . The Planning Staff concurs with the City Engineer's recommendation. RECONDIENDATI ON It is the Staff's recommendation that the final PAD be deferred until resolution of the deficiences and discrepancies noted below. DEFICIENCIES AND DISCREPANCIES 1. The boundary does not close within 1 ft. in 10,000 ft. as required . 2. The location of proposed duplexes and elevati.onsof such are not shown as required. ATTACI1t1DRTS 1. Staff Report S-7411. 2. Location map. 3. Letter requesting a variance for the street width of Esther Court. 4. letter to Planning and Zoning from the City Engineer recommending the variance be granted. ACCOMPANIMENT Final PAD plan and plat. Approved by Jr,140e;c Dennis k. krattr Dept, of Community Development 'it • STAFF REPORT Planning and Zoning Commission May 20, 1976 SUBJECT: S-7611, Towncrest Addition, Part 4 - Tract C. Preliminary plat of a Planned Area Development (PAD) proposed to be located in an area east of Dover Street and north of Parkview Avenue. Application by M. M. Enterprise; Tom Lyon, Attorney. Date filed: May 5, 1976; 45 -day limitation: June 19, 1976. EXISTING The proposed PAD is a 4.S7 acre CONDITIONS: tract zoned RIB, Single Family Residential. The area surrounding the subject request is zoned RIB. Present development around the proposed PAD is single family excepting a church directly east, Village Green Commons (condominiums) to the north- east, and Mercer Park to the west. STAFF The developer has proposed a ANALYSIS: plan to be approved as a PAD. The Commission is charged by Ordinance with the responsibility of reviewing PADS so that the variances and combinations of land uses permitted will be in the public interest and in harmony with other building regulations of the City and will not adversely affect nearby properties. Review of the proposed PAD should consider the past inter- pretation of its intent. The intent of a PAD is to provide for opportunity to be innovative and creative in site design; a product that is not always feasible under existing zone uses. Any PAD which does not accomplish this intent should be denied or substantially altered to comply (STAFF REPORT, May 6, 1976). An R2 Zone would allow single family and -two family residential mixing. The proposed PAD plan is not unlike development that could occur if the subject tract were to be zoned R2. Unlikc the R2 Zone, the PAD will give substantive review standards to the Commission. As proposed, the PAD does not meet the intent of Chapter 8 .10.20 in the Ordinance. Th -e Staff does not consider the mixing of single and two-family dwellings as undesirable. This type of use mixing presently exists in the City with no deleterious impact by duplexes in well designed neighborhoods. 771c 'PAD erdifWICt :s an appropriatt contrcl tool tt crtu=r hermor.iruf mixing of land uses in neighborhoods. Thr Staff, then, would recommend the following changes be made: That the duplex use he dispersed as evenly as possible throughout the propnsed plan; 0 -2- 0 2. That the livable area per unit be approximately that which exists if the lots were all developed as single family. The Staff would recommand that lots designated for duplex use be approximately HADD square feet in area (computed using a direct proportion of average square feet per single family dwelling over the lot area proposed to the average square feet per duplex over an unknown (X) lot area); 3. That a stipulation for adoption of an ordinance for the final PAD plan be -- that not more than two persons not members of the family may room in each living unit. In addition to the above conditions, the following deficiencies are noted and should be changed: 1. The proposed general arrangement of buildings and area of proposed open spaces (private or common) should be provided. 2. The inclusion of sketches indicating the general design of building types and overall character of the development should be provided. 3. The Schedule of Completion should be submitted. 4. The plat needs to be certified by a registered land surveyor. 5. The title should be changed to Planned Area Development Preliminary P1 an. STAFF The Staff finds the subject RECOWaNDATION: request unacceptable in meeting the requirements and intent of a PAD and recommends the request be denied unless substantially revised to the standards indicated in the above comments. ij MA r l �i3A 1 t i RE�UESi ;II�i.yilli '��i��;il�1 AREA ' w , 7(i. j] F-RCER !I �� 4 M"H P^ R. K Q 600 1200 1800 GR"HIC SCALE: i"* 660' rq l a NUMBER: I S-7116 0 0 CONSULTING ENGINEERS p_ 0. BOX 5600 4-17 loth AVENUE CORALVILLE, IOWA 52241 319.351.7150 April 6, 1977 Glenn D. Shoemaker, P. E. Mr. Gene A. Dietz, P.E. RECEIV City Engineer EpAPR Civic Center 1977 Iowa City, Iowa 52240 RE: Hamm Second Addition - A subdivision of a portion of Town - crest Addition, Part 4, Tract C Esther Court Paving. Dear Gene: I am writing on behalf of MH Enterprises, developers of Town - crest Addition, Part 4, Tract C. With the submittal of this letter, MH Enterprises would formal- ly request that they be granted a variance from City Code pro- visions requiring a 28 foot wide paving for Esther Court. The developers would ask that the variance permit a 25 foot wide pavement for Esther Court rather than the 28 foot wide street paving shown on the Preliminary Plat and Construction Plans. This variance is requested after further review of this parti- cular street by the developers, and in view of the facts that: 1. Esther Court will not be a "through" street now or in the future, but will only carry traffic from 19 family units. 2. Parkview Avenue, Esther Street and Dover Street onto which Esther Court traffic may flow, have only 25 foot wide concrete pavements now existing. Encouraged by informal discussion of this request with you and Mr. Schmieser, the developers have asked us to submit this letter seeking formal City approval of the variance. Please feel free to contact us or the developers, should you have any further questions regarding this matter. With the advent of the construction season near, we would hope that the City can act on this matter in the very near future. r Tr y Your U t 'f. a ghl.tn, P.E. S L/ka� cc: Merlin Hamm Jerry Hilgenberg OCIty o4 Iowa Cit* MEMORANDUM DATE: April 13, 1977 TO: Planning $ Zoning Commission FROM: Eugene A. Dietz, City Engineer RE: Hamm's Second Addition Attached is a request for a variance from the Developer's Engineer for.H amm's Second Addition, As requested, the variance will allow for a 25 ft. wide pavement for Esther Court rather than the 28 ft. wide pavement as shown on the preliminary plat, and approved con- struct ion plans. Although a 28 ft. wide pavement is a standard that should be adhered to in all instances where there is a potential of the street to eventually continue, in this instance with a short cul-de-sac I believe a 25 ft, wide pavement will function quite satisfactorily. The in formation as shown on the request for the variance is correct, and I therefore recommend the variance be granted. cc: Steven F. Laughlin