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HomeMy WebLinkAbout1977-06-28 Bd Comm. MinutesCOMMITTEE ON CG%WNITY NEEDS JUNE 7, 1977 -- 4:00 P.M. RECREATION CENTER -- MEETING ROOM A COMMITTEE MEMBERS PRESENT: Amidon, Bohlken, Braverman, Bonney, Cilek, Purington, Hall, Baschnagel, Hibbs, Pecina COMMITTEE MEMBERS ABSENT: Anderson, Bridgeman, Dennis, Rock CITY STAFF PRESENT: Vann SUMMARY OF ITEMS DISCUSSED: 1. The meeting was called to order at 4:10. Kent Braverman was introduced, followed by each member stating his/her name, occupation, and special interests. It was explained that there are currently fourteen members and that one vacancy would remain unfilled until fall. 2. It was the concensus that a letter be sent to Ira Bolnick expressing CCN members' appreciation for all the time and research he has contributed to committee activities during his 1's years of service before resigning. 3. The major meeting discussion centered on plans for collecting citizen input this coming fall in preparation for the 4th year Community Development Block Grant application, allocating $1,374,000 for program activities. Several methods were suggested: a. Tom Cilek suggested that Council members and CCN members meet jointly to discuss current program goals and objectives. It was suggested that this was a natural prerequisite to future years funding for current programs, and members thought it desirable to determine Council priorities before suggesting to the general public that new ideas were needed. b. Ron Bohlken did not want the fall's activities to exclude new program ideas. Citizen input in all areas of community development should be welcomed and then channelled to other sources if not funded with CDBG funds. c. Julie Vann reminded members that project boundaries had been established within which CDBG programs are to be concentrated in order to comprehensively improve living environments within older neighborhoods. The Department of Housing and Urban Development provides blocks of grant funds to be developed into a Community Development Plan. In Iowa City activities are concentrated in the central corridor of older neighborhoods. Ralston Creek watershed will be controlled; housing conditions will be improved through housing rehabilitation and minimum housing code enforcement; site improvements such as sidewalks, alleys and parks will be upgraded; and a Comprehensive Plan will guide future decisions impacting the neighborhood. HUD requires a package of related programs targeted at solving low and moderate income families' neighborhood problems comprehensively. Ms. Vann suggested a possibility: to list certain program areas to be con- centrated on FY 179, -- such as housing programs, site improvement programs, etc. -- and invite and encourage citizen input on those topics. She expressed 1a • Committee on Community Needs June 7, 1977 Page 2 concern about opening the doors to all community problems when the budget is so limited and ongoing projects would potentially use the majority of available funds. d. Bob Hibbs reminded the members that Ralston Creek projects would obligate 2/3 of the FY 179 funds, but that citizen input is very important and cannot be overlooked. Milo Pecina expressed concern and reminded members that the FY 178 application had been revised already diverting Ralston Creek funds into the Urban Renewal program. e. Sharon Bonney reminded members that many of the citizen proposals did not exceed $50,000. Several were funded and several groups and individuals were assisted. f. A schedule of activities was established: July -August Meet jointly with City Council to understand the community development priorities and goals. Review Ralston Creek Plan and expected funding demands. September Hold two public meetings and two neighborhood meetings to gather citizen input. October Compile a list of program possibilities utilizing infor- mation gathered through public meetings and neighborhood meetings, the Comprehensive Plan survey, Park and Rec and Housing Commission members, and City staff recommendations. Hold a public meeting to discuss the above list. November Prioritize projects and develop budget recommendations for Council. December Present FY 179 budget to the City Council. 4. Types of information dissemination were discussed. a. Kent Braverman added comments about using the radio for dissemination of information. Two types of broadcasts -- 4 hour interview talk shows and 30 second spot information briefs to hear on the way home in your car -- can be utilized depending on the committee's objectives. b. Newspaper ads were successful last year, so we should consider that media again. Bob Hibbs suggested that we might pay for radio advertising as well as newspaper ads. 0 0 Committee on Community Needs June 7, 1977 Page 3 5. Election of FY 178 officers was discussed. Tom Cilek nominated Curtis Purington but after mpch discussion, a nominating committee was established -- i.e., Sharon Bonney, Jim Hall and Curtis Purington -- to meet before the July meeting. Officers will be elected at that meeting. 6. Members requested that Dick Plastino and the Ralston Creek consultants attend the July meeting for a thorough briefing of the watershed plan. 7. The meeting was formally adjourned with a motion by Milo Pecina, which was seconded by Jim Hall. 8. Before people dispersed, Sharon Bonney read a letter from the Women's Resource and Action Center to the Committee. The letter announced a new program offering Aid and Alternatives to Victims of Spouse Abuse. It was pointed out that the program will not offer direct service immediately. The first phase will be an assessment of the scope of the problem in Iowa City and Johnson County and surveying existing services offered to victims. CCN will be contacted within the next two months for their input in the program. 9 The public housing controversy was explained by Bob Hibbs. Thirty-five counties are currently competing for 110 units. The Housing Commission has recommended that the City Council authorize Iowa City's application for 45 units. It would be a 40 year committment of federal funds to provide housing for low income families. The only expense to the City would be application costs. The committee informally supported this means for meeting the Housing Assistance Plan goals (which accompanied the CDBG application to HUD) with a 6 to 3 vote. Julie Vann. MINUTES • IOWA CITY PARKS & RECREATION COMMISSION RECREATION CENTER ROOM B JUNE 8, 1977 MEMBERS PRESENT: Crum, Mascher, McLaughlin, Moore, Stockman MEMBERS ABSENT: Boutelle, Cilek, Powell, Thayer STAFF PRESENT: Adams, Flowers, Hauber, Howell, Lee, Sheets, Showalter GUESTS: Don Parker, Anne Glenister, Kathi Henely, Donna Rasley RECOMMENDATIONS TO THE CITY COUNCIL: 1. That a fee of :1.00 be charged for a reservation permit for the tennis courts. RECOMMENDATIONS TO THE STAFF: 1. That tennis courts be reserved on the basis of three courts on weekdays and five courts on weekends during the trial period of this summer. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Parks and Recreation Commission met in Regular Session on. June 8, 1977, with Chairperson Stockman presiding. There was not a quorum present at the beginning of the meeting. Susan Sheets, Redevelopment Specialist, reported on park land acqui- sition under the H.C.D.A. Block Grant Program. She indicated that the appraisals had been received for the Happy Hollow addition (Hayek property) and that the Staff had recommended to the City Council that the project be deleted from the Ralston Creek project. Regarding the Hickory Hill expansion project (Schlaegel property), she reported that the appraisals had been received and that they were being reviewed. McLaughlin asked what the basis is on which the City Council decides what is just compensation for a parcel of land. Sheets replied that, under the H.C.D.A. Block Grant Program, the amount cannot be less than the review appraisal according to Federal regulations. Showalter indicated that the Hayeks were planning to fence their property adjacent to Happy Hollow Park in order to develop it. He stated that he would talk to Wayne Kempf once again regarding the possibility of building a path through his property to the park from the Social Services parking lot. He also reported that the money which had been allocated for the purchase of the Hayek property would go back to the City Council for re -allocation. There was a concensus that the Commission should discuss recommendations for re -allocation of the money at its August meeting. Upon the arrival of Moore, there was a quorum of the Commission. I Mascher moved and Crum seconded that the minutes of the May 11, 1977, meeting be approved as written. Unanimous. 3/23 I • Minutes Page 2 June 8, 1977 Bill Keating, Department of Community discussion of the parks and recreation Plan. He indicated that the proposed documents existing conditions and sets He also indicated that he would try to in order to get its input into the pl on the plan's progress. Showalter and Howell reported held for Pheasant Hill, Villa, Willow Creek Park is scheduled attending as the Commission's McLaughlin reported that canoed the upper portion Dam and the University of was not possible to canoe to the low water level of 0 • Development, was present for segment of the Comprehensive section on parks and recreation up standards for the future. work closely with the Commission an and keep the members updated that neighborhood meetings had been and Wetherby Parks. A meeting regarding for Monday, June, 14, with Crum representative. the Riverfront Commission and guests had. of the Iowa River between the Coralville Iowa canoe house on Saturday, June 4. It to the Izaac Walton League as planned due the river. Following discussion, there was a concensus that the Commission would not meet in July and would hold its August meeting on August 24 rather Than August 10. Regarding Ty'n Cae Addition, Showalter reported that Assistant City Attorney Angela Ryan had determined that storm water detention on public land from private development is probably illegal. On the basis of that determination, the developers of the addition decided to run a pipe under the park into Willow Creek instead of building a dam on the park site. Stockman reported that she had attended the opening of the Children's Museum on June 4. She also reported that she had attended the annual Council/Commission dinner and that she had indicated to the Council that the Commission would like it to review the Fees and Charges Policy. She also stated that Mayor Neuhauser had commented that the parks look very good. Stockman stated that th the placing of a war me removal of the airplane group had expressed an Terrell Mill Park or E1 the Commission did not the matter at this time ere was a group in Iowa City working towara morial in a park as at the Airport. Sh interest in putting m Grove Park. There want to make any rec compensation for the e indicated that the a monument in either was a concensus that ommendations regarding Showalter reported that it would not be possible for the Commission to make a trip to Des Moines on June 25 which had been tentatively scheduled for that date. It has been rescheduled for July 16. 0 Minutes •Page 3 June 8, 1977 Lee reported that tennis court reservations were up 45% at City Park and 34% at Mercer Park due to the University's new fee policy for use of their courts and that phone calls to reserve courts were taking much more time to handle. He suggested setting up a $1.00 fee per reservation to be paid in person at the Recreation Center, at which time a permit would be issued for up to two reservations per person per week. Under this proposal, no phone reservations would be taken. Following discussion, McLaughlin moved and Mascher seconded that the Parks and Recreation Commission recommend to the City Council that a fee of $1.00 per reservation for tennis courts be charged for reservable courts. There was a question about what "reservable courts" meant and McLaughlin and Mascher agreed to withdraw their motion. Following further discussion, McLaughlin * moved and Moore seconded that the Parks and Recreation Commission recommend that tennis courts be reserved on the basis of three courts on weekdays and five courts on weekends during the trial * period of this summer. Unanimous. McLaughlin moved and Mascher seconded that the Parks and Recreation Commission recommend that a fee of $1.00 be charged for a reservation permit for the tennis courts. Unanimous. •Showalter reported that the boiler at the Recreation Center was in the process of being repaired. He also reported that the Farmers' Market season had been extended by four Saturdays (two in June and two in October). McLaughlin reported that he and Attorney William Meardon had met with Showalter and Neal Berlin regarding McLaughlin's comments about the alleged illegality of the Ralston Creek Watershed Management Program. He indicated that he had been requested to put his objections to the project in writing and that he had done so. There being no further business, the meeting was adjourned at 9:40 p.m. Respectfully submitted, Ellen R. Flowers, Secretary E l • • MINUTES COMPREHENSIVE PLAN COORDINATING COMMIITEIi JUNE 9, 1977 -- 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Blum, Cain, deProsse, Jakobsen, Ogesen, Perret, Vetter MEMBERS ABSENT: Neuhauser STAFF PRESENT: Geshwiler, Kraft, Simpkins GUESTS PRESENT: Emil Brandt Chairman Blum called the meeting to order. Minutes for the March 28, May 20 and May 23 meetings were approved. The preliminary single-family residential zoning worksheets were discussed. Proposed RS -1 zone, Geshwiler suggested that the front setback be reduced from 30m to 10m because a 30m setback was not suitable for lots with steep topography. Ogesen commented that the purpose of setbacks was to preserve uniform development in an area. Committee members felt that this uniformity was not necessarily desirable in the RS -1 zone and that minimum setbacks only should be set. The minimum front, side and rear setbacks were changed to 10m each. Blum expressed concern about the limitations this zone would place on developing a large area of land. He suggested that the lot size was too large and that it shouldn't be imposed upon a person who didn't want to develop unsewered lots at this density. The committee recommended that the staff draft an RS -2 zone (in addition to RS -1) which would have a lot size of slightly larger than one acre, with minimum setbacks of front - 10m, side - Sm, and rear - 10m, and a maximum lot coverage of 10%. Emil Brandt asked if the zoning ordinance would require soil studies to ensure that an RS -1 lot was suitable for development of septic tank systems. The committee agreed that some soil performance standards should be set. Ogesen questioned the common open space requirement in the zone. Geshwiler explained that this was not a requirement, but an indicator of how much open space would remain if the lots in any of these zones were developed to maximum size. Proposed RS -5 zone. The minimum rear yard setback was changed to 10m. Committee members questioned the usefulness of this zone. It was stated that this zone is comparable to the present RIA zone which is rarely used by developers because the lot standards for RIA are difficult to meet. It was agreed that there should be an alternative zone with a lot size of between 8,000 and 8,500 square feet. The committee directed the staff to explore this alternative. Proposed RS -10 zone. Alternatives to the 2.Sm side setback were discussed. These included reducing the required minimum setback to 2m, or having one total side setback requirement with a minimum on any one side of hm. The consensus of the 3/2d/ 1;' committee was to leave the setback at 2.5m. The rear setback was changed to 7.5m. Proposed RS -20 zone. Geshwiler explained how garden homes would he arranged in this zone, and pointed out that any of these single-family lots (RS -20, RS -30, etc.) could be used in a lower density zone as long as the gross density was preserved in a given area. lie explained that one concern of the Iowa City Homebuilders Association was whether or not these garden homes could be developed as a cluster so that one area would have a similar style throughout. Committee members were concerned that developers might build all these homes exactly alike, creating unattractive developments. Ogesen asked if there should be standards for minimum or maximum total develop- ment size. Geshwiler suggested a minimum total development size of 2!1-5 acres and a maximum size of 40 acres. Blum pointed out that if an area included severe topography such as a stream, a restriction based on total development size might be inappropriate. He suggested that a more useful restriction might be the total number of contiguous units or lots allowed in one development area. The committee directed the staff to research this type of standard. Proposed RS -30 zone. Geshwiler explained that mobile homes would be allowed at the RS -20 density in the RS -30 zone. Mobile home development would be required at this lower density so that if mobile homes phased themselves out in one area, some other residential use could replace them. I Blum asked the committee to vote on the question of creating a zone where mobile home owners could own their own land. All members present voted in favor of such a zone. The committee discussed alternative zones for mobile homes including a special mobile home community zone, the RS -30 zone, and the possibility of having both these zones. Cain suggested that a special mobile home community zone be designed to allow either ownership by mobile home owners or a developer who owns the entire park and rents the lots. Committee members liked this idea because it would enable mobile home parks to be zoned residential. Concern was expressed that if developers were allowed in this zone, it would simply become a new zone for mobile home parks. Kraft suggested that density controls be used to prevent this. For example, if mobile homes were allowed in some areas at low densities only, developers would probably not choose these areas since they would want to maximize profit by developing mobile home parks in higher density zones. Ogesen suggested that mobile home park development be controlled by requiring anyone with a certain number of lots under the same ownership to come in and present a plan, and by setting performance standards for mobile home parks. Blum asked if committee members favored development of mobile homes in contiguous chunks as opposed to permitting them to be interspersed with other residential uses. A vote was taken and all members voted yes except deProsse who abstained because she was not sure she opposed well -landscaped planned area complexes. It was the consensus of the committee that the staff should do more research on mobile home zoning. Proposed RS -40 zone. Geshwiler explained that the Iowa City Ilomebuilders Association L -3- had requested that the lot width he reduced to 6m so that 20 -foot -wide townhouses could be built. The lot width was reduced to 6m. The rear setback was increased to 6m to allow cars t6 be parked at the rear of dwelling units. Multifamily housing. Geshwiler explained how to read the worksheet for multifamily housing. lie pointed out that the key concept of this worksheet was the usable open space requirement for each dwelling unit. Ile explained that this requirement was based on the theory that if apartment dwellers had their own individual open space, they would feel more a part of the apartment site. This feeling would create a desire to maintain the grounds and thereby make the apartment a better neighbor to other uses. Ogesen questioned the legality of requiring usable open space. Geshwiler said that he would research this question. Null landuse plan. Kraft explained to the committee that in place of a null landuse plan, the staff will compile a list of issues from the General Survey Questionnaire, neighborhood studies and topical reports. These issues will be presented to the committee along with alternative solutions. Meeting schedule. Because of the difficulty in coordinating weekly meetings, the committee decided to abandon the weekly meeting schedule and to revert to the original second and fourth Thursday meetings. A meeting was scheduled for Thursday, June 23 at 7:30 P.M. The meeting was adjourned. Prepared by: Debbe Simpkins, DCD Approved by: kt�-- Patt Cain Secretary, CPCC MINUTES •IOWA CITY RIVERFRONT COMMISSION CITY MANAGER'S CONFERENCE ROOM JUNE 15, 1977 MEMBERS PRESENT: Brandrup, Epley, Fahr, Fountain, Lindberg, McLaughlin MEMBERS ABSENT: Campbell, Horton, Neuzil, Vetter, Woodruff STAFF PRESENT: Flowers, Keating RECOMMENDATIONS TO THE PARKS AND RECREATION COMMISSION: 1. That, regarding reallocation of $50,000 of H.C.D.A. funds originally allocated for purchase of the Hayek property adjacent to Happy Hollow Park, the first priority be acquisition of Tract V of the Showers property as shown on the November, 1976, map, the second priority be Tract II, and that the third priority be Tract III. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: The Iowa City Riverfront Commission met in Regular Session on June 15, 1977, with Chairperson Fahr presiding. Brandrup moved and it was seconded that the minutes of the March 16 meeting be approved with the following correction: Page 1, paragraph 5 -- "Johnson County Open Space Committee" should be changed to "Johnson County Land Use and Water Resources Committee". * The corrected minutes were approved unanimously. Epley moved and Lindberg seconded that the minutes of the April 20 meeting be approved * as written. Unanimous. Epley then moved and McLaughlin seconded that the May 18 minutes be approved as written. Unanimous. Fahr reported on the canoe trip, held on June 4, indicating that there were representatives present from places other than the City. It was suggested that another trip be held in the fall to canoe the lower portion of the river and that a greater effort be made to contact people who are perhaps not in favor of the protection of the river corridor. Fahr suggested that a small, informal meal be served after the fall trip so that people could have a chance to talk about what they see on the trip. McLaughlin suggested having a picnic and some recreational activities after the trip so that people could have a chance to get to know each other. Epley commented that she felt more people would attend if the trip were only planned to last half a day. •Meetings with other governmental bodies were discussed and there was a concensus that the Commission should meet with the Coralville City Council and Planning and Zoning Commission at one time and with the Johnson County Board of Supervisors and Planning and Zoning Commission at one time. It was also decided to do preliminary contact work before the August meeting; Epley will contact the Coralville groups 3/zS 1' 0 Minutes Page 2 June 15, 1977 L.J and Fahr will contact Shirley Sixt, with Fountain contacting the Board of Supervisors and Lindberg contacting Dick Gibson of the University's Campus Planning Committee. The purpose of the meetings, which will be held at the end of the summer, will be to inform the various groups about the Riverfront Commission., its goals, and what things have been done to date by the Commission. Brandrup reported that he had done some research on Federal funding through Community Development Block Grants, LAWCON funds, Resource Conservation and Development Loans, Watershed Improvement Loans, and Historic Preservation funds. He suggested that the Commission should further investigate the use of H.C.D.A. funds and LAWCON funds as possible sources of funding and that is should also look into the possibility of forming a private, non-profit corporation. Fahr read a letter from the Hardin County Conservation Commission inviting the Riverfront Commission to visit and view the county's greenbelt along the Iowa River. There was a concensus that the Commission should visit Hardin County at the end of August. Fahr will also see if it would be possible to have Hardin County invite the Johnson County Conservation Commission, also. • *'Following discussion, Epley moved and McLaughlin seconded that there • be no July Commission meeting. Unanimous. There was a concensus that the next meeting of the Commission should be held on August 24. Fahr reported that Dennis Showalter, Director of Parks and Recreation, had indicated that the City was not going to purchase the Hayek property adjacent to Happy Hollow Park and that the $50,000 of H.C.D.A. funds allocated for that purpose might become available for purchase of another tract of land. Following discussion, Brandrup moved and McLaughlin seconded that, regarding reallocation of $50,000 of H.C.D.A. funds originally allocated for purchase of the Hayek property adjacent to Happy Hollow Park, the first priority be acquisition of Tract V of the Showers property as shown on the November, 1976, map. Following further discussion, the motion was amended to include, "the second priority be Tract II, and that the third priority be Tract III". The motion carried unanimously. There being no further business, the meeting was adjourned at 5:15 p.m. Respectfully submitted, &,eoy. �� Ellen R. Flowers, Secretary • MINUTES RESOURCES L17NSUIVATION CDZIISSION JUNE 15, 1977 4:30 P.M. ENGINURING ODNF17MM' IMI MEMERS PRESINT: Rolnick, Ikmniger, IloLka, Ilouck, Stager. MEM MS ABSENT: liagur„ ]side. PRESENT: Schreiber, Tinklenberg. Schreiber left 4:50. REOMUMMATIONS TO THE CITY COUNCIL That the City Council provide funds to contract a competent engineer to conduct a computer study, of the Civic Center building, using data provided by the City, dealing with the current and the required illumination, the dynamic loading of the building, and the solar admitted by the windows, in addition to the study of the various mechanical systems; to be carried out in connection with contract studies. REQUEST FOR STAFF ASSISTANCE 1. Contact Portland, Oregon and Davis, California to find out how they are enforcing their energy codes. 2. Contact ERDA to find out if funding is available for the reconstruc- tion of residential, commercial, industrial, and/or institutional buildings in compliance with energy codes. SUi1MARY OF DISCUSSION AND FORMAL ACTIONS TAHI24 Denniger called the meeting to order. The May 24 minutes were amended on page 2, section 3 of the priorities presented by Neal Berlin, to read: Building Codes - Deaniger reported that EIR-75 will become law January 1, 1978. The state law requires the State Building Code Office to adopt an energy code. ERDA is in the process of adopting energy requirements for existing buildings. The State will be required to adopt an energy code at least as stringent as the Federal Code. Bolnick moved, Hotka seconded, the minutes approved as amended. Approved. BOlnick abstaining. Action concerning the by-laws was delayed until. the next meeting because of the absence of Eide. Houck roved, Stager seconded, the Commission meet bi-monthly. Approved unanimously. Presentation of the Ames Resource Recovery report was delayed until the next meeting because Dague was absent. Civic Center Bruce Bingham was not present to explain th and Associates Air Conditioning System Study. Stager questioned Bingham's recommendation of the heat pump system because of the problems the University was having with their heat pumps at East Hall. Hotka pointed out that a heat pump system cannot be set back at night. At night no heat is generated by lights or people and therefore the supplemental heat system would have to kick in when the heat pump could not handle it. Hotka also criticized the gas and electric cost figures used in estimating the costs of the systems. The arbitrary assign- ment of cost figures can favor one system over another. Denninger pointed out that this was simply a preliminary study and that a detailed study must be made before any one system can be chosen. The Comnissioners felt that the present system is not a viable alternative because the single cone system cannot handle the solar caning in the windows, the duct work is inadequate, and the air conditioning units are over ten years old and after running for twelve months a year are at the end of their mechanical life. Denniger moved, Stager seconded, that the Commission recommend to the City Council that it provide funds to contract a competent engineer to conduct a computer study, of the Civic Center buildings, using data provided by the City, dealing with the current and the required illumination, the dynamic loading of. the building, and the solar adnitted by the windows, in addition to the study of the various mechanical systems, to be carried out in connection with contract studies. Approved unanimously. The Commissioners felt that the study should not be limited to only these three areas, however. ASHRAE 90-75: Denniger reported that although the code is not a stringent standard and will not alter lifestyle, it does try to limit the waste of energy. Some "experts" claim that its adoption would 'save 20% of the energy used. Also it applies to new construction over 100,000 square feet only. The Commissioners plan on studying this and recommending it or something more stringent for Council adoption before the January 1, 1978, deadline. The enforcement of a code for new buildings is no problem. But two problems arise in dealing with existing buildings; how to enforce the code, and how to fund reconstruction necessitated by the code. It was pointed out that bottomline standards are not adequate because each building is individual and cannot be compared to -3- another. 3 another. 'llierefore the enorgy code wi11 have to be a performance standard. Discussion followed concerning the desirability of an energy audit, the University's flyover thermogram study, and methods of forcing compliance to the energy code. It was felt that fines will be the biggest doterront. The next meeting was scheduled for June 28, 1977. The meeting was adjourned at 6:50 P.M. Respectfully submitted, Roger Tinklenberg. John Houck, Secretary. I MINUTES IOWA CITY PLANNING AND ZONING COMMISSION JUNE 16, 1977 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blum, Kammermeyer, Jakobsen, Lehman, Ogesen MEMBERS ABSENT: Cain, Vetter STAFF PRESENT: Kraft, Schmeiser, Ryan, Brachtel, Child RECOMMENDATIONS TO THE CITY COUNCIL: 1. To recommend a policy establishing the status of Highway 6 as a limited access arterial road with new accesses allowed where considered to be desirable and beneficial. 2. To approve S-7721, final plat of Makada Subdivision located one-half mile south of the City limits and east of the southerly extension of Sycamore Street, subject to (1) review of the legal papers by the Legal Staff, and (2) signatures of the utility companies. 3. To approve S-7723, preliminary and final Large Scale Non -Residential Development plan of Lot 2 of BDI First Addition located west of Heinz Road, subject to submission of an agreement for the installation of public improvements and signatures of the utility companies. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: That Legal Staff assistance be given in determining possible methods to secure limited access onto Gilbert Street at such time as this becomes part of the City. LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION: 1. P-7317. Creation of a University Zone (U). 2. P-7410. Creation of a Mobile Home Residential Zone (RMH). 3. P-7403. Revision of M1 and M2 Zones. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Vice Chairman Blum called the meeting to order and asked if anyone wished to discuss items not included on the agenda. No one responded. The Commission unanimously approved as written the minutes of the meeting held on June 2, 1977. Consideration of a or000sed street Blum explained that since HyVee Food Stores, Inc. was seeking access onto Highway 6, the Commission had requested the Staff study the possibility of a policy concerning the future status of the highway. Blum noted that a statement had been received from Chairperson Patt Cain expressing opposition to additional 3/271 • -2- street cuts onto Highway 6 cast of Highway 218 these minutes.) 11 (The statement is attached to Dennis Kraft, Director of Community Development, outlined Staff recommendations from the Departments of Public Works and Community Development. The following alternatives were discussed: (1) A realignment of Gilbert Street at the point of intersection with Highway 6; (2) A traffic flow change affecting the intersection of Keokuk Street and Highway 6 (rerouting Hollywood Boulevard); (3) The closure of Taylor Drive, thereby eliminating the intersection of this street with U.S. Highway 6; and (4) Two possible additional intersections with Highway 6. Bob Downer, attorney, appearing as Vice President of the Iowa City Chamber of Commerce, stated that the Chamber's Board of Directors had unanimously endorsed the proposal for an access onto Highway 6 for such reasons as: (1) Because of changes in the community which have occurred since Highway 6 was constructed, the highway is no longer a limited access arterial; (2) It would be logical to permit commercial development in an area where other commercial development already exists; and (3) The Commission has recently endorsed new development at the western end of the Bypass. Harry Dunlap, Dunlap's Motor Sales, Inc., 1911 Keokuk, suggested that a right turn light at the Keokuk-Ilighway 6 intersection would relieve traffic congestion. W. Richard Summerwill, executive vice president of Iowa State Bank and Trust Company, stated that the proposal to reroute Hollywood Boulevard to the southwest and west in an alignment between the Iowa State Bank Drive-in facility and the Iowa State Liquor Store was "literally crazy, would ruin the landscaping and would be totally unacceptable". Ted Rittenmeyer, 1119 E. Court, explained that he owns a business in the M1 Zone south of Highway 6 Bypass and requested that there be no right hand turn on red at the intersection of Keokuk and Highway 6 when traveling east on Highway 6. Larry Schnittjer, MMS Consultants Inc., stated that lie has been working with HyVee and he felt there "should be more points to get cars off Highway 6". Bruce Glasgow, 834 N. Johnson, expressed support for a third access point off Highway 6 and stated that the City should take advantage of the proposal submitted by HyVee. He also suggested that the Legal Staff should be consulted to determine the length of time and money involved in condemnation proceedings against existing buildings should such action become necessary. Mr. Glasgow said he owns no property in the subject area. Commissioner Kammermeyer stated that he felt there was some merit in the realignment of Gilbert Street, the closure of Taylor Drive, and the realignment of Hollywood Boulevard. however, he expressed support for a third curb cut along Highway 6 and thought there should be some better "on and off access". "I don't envision Highway 6 Bypass as a limited access highway", lie said. A motion was made by Jakobsen, seconded by Kammermeyer, to recommend to the City Council approval of a new intersection with Highway 6, the realignment 0 0 -3- of Gilbert Street at the point of intersection with Highway 6, that consideration be given to the possible closure of Taylor Drive, and that HyVee food Stores, Inc. pay for left-hand turns and stack lanes. Commissioner Ogesen stated that he would prefer to defer consideration because the Staff's written report was just received at the meeting, and more opportunity should be given for public input. A decision should be made on whether or not to consider Highway 6 as a limited access facility before any plans can be made for other closures and/or changes, he said. Lehman concurred and stated that street plans require more time and input from people affected. Blum suggested that the Commission may wish to set a formal public hearing on the matter, and post and publish notice of the public hearing in the newspaper, etc. He expressed concern about the high cost of any possible realignments in the subject area and questioned whether the City Council would give priority to the future status of the Highway 6 Bypass. Ogesen moved that the original motion be tabled to a later time. The motion died for lack of a second. Blum expressed preference for holding a public hearing before addressing the possibility of a curb cut. Lehman stated that the idea of a curb cut was presented three or four months ago and that a public hearing could have been held then. IL behooves the Commission to take some action now, he said. Ogesen agreed that the City Council should establish a policy on the status of Highway 6 Bypass and stated that people would have an opportunity to be heard by the City Council. A vote on the original motion failed 2-3. (Jakobsen and Kammermeyer voted yes; Ogesen, Blum and Lehman voted no.) Ogesen moved to recommend to the City Council that until such time as a limited access arterial facility can be constructed in a further south location, that Highway 6 be maintained as a limited access facility. The motion died for lack of a second. A motion was made by Lehman, seconded by Jakobsen, that the Planning and Zoning Commission recommend a policy establishing the status of Highway 6 as a limited access arterial road with new accesses allowed where considered to be desirable and beneficial. Blum felt there should be given an opportunity for public input and stated that it would have been premature to have scheduled a public hearing earlier since HyVee only came in with their proposal one week ago. A "pre -preliminary plan" was discussed some weeks ago, he said. Don Schmeiser, Senior Planner, suggested that a notice of public discussion be scheduled in lieu of a public hearing. Blum stated that he would be willing to act on the above motion if consideration could be given to scheduling a public discussion. Ogesen stated that it would be presumptous to tell the City Council how to conduct their business. A new curb cut is definitely a change and people should have an opportunity to add their input to such discussion, Lehman said, however, the motion addresses a policy rather than a specific curb cut. 0 0 -4- The motion carried 4-I. (Ogesen voted no.) Commissioner Jakobsen suggested that at the next regular 118Z Commission meeting, July 7th, a public discussion he scheduled regarding curt) cuts along Highway 6 Bypass and the HyVice proposal. glum requested copies of the memo from Dennis Kraft concerning the transportation network be made available to the public. S-7721. Final plat of Makada Subdivision located one-half mile south of City limits and east of southerly extension of Sycamore Street. Mr. Schmeiser stated that the legal papers had just been received a few hours prior to the meeting and the Staff recommended approval subject to Legal Staff review of the papers. The Commission unanimously recommended to the City Council approval of S-7721, final plat of Makada Subdivision located one-half mile south of the City limits and east of the southerly extension of Sycamore Street, subject to (1) review of the legal papers by the Legal Staff, and (2) signatures of the utility companies. t of od: Mr. Schmeiser stated that all deficiencies and discrepancies had been corrected, however, the Staff recommended that public access be provided to the rear of the lots fronting on Sand Road in lieu of their present access. Ogesen stated that the subject area may someday be annexed to the City and he would object to any proposal where residential lots would access onto Sand Road (future Gilbert Street). If accesses onto Sand Road are allowed now, they would not be eliminated when the land would be annexed into the City. The function of planning is to think ahead and eliminate undesirable situations, lie said. Don Schmeiser questioned whether it is legally possible to close off an access if there is an alternate access. A motion was made by Kammermeyer, seconded by Ogeson, to defer consideration of S-7722, preliminary plat of [lull's Country Estates Addition, and to request Legal Staff assistance in determining possible methods to secure limited access onto Gilbert Street at such time as this becomes part of the City. The motion carried unanimously. Blum suggested that the Commission communicate their concerns to the ,Johnson County Zoning Commission or possibly hold a joint meeting. Schmeiser stated that the Staff has been working on a policy study on public improvements in county subdivisions and he suggested a joint meeting with the Johnson County Zoning Commission and P$Z Commission when the study has been completed. N 0 0 -5- Don Schmeiser noted that a memo had been received from Chuck Schmadeke, Engineering Division, indicating that the proposed plan and construction plans comply with all the requirements of the Engineering Division. With the exception of signatures of the utility companies and an agreement for the installation of public improvements, all other revisions have been made, Schmeiser said. The Commission unanimously recommended to the City Council approval of S-7723, preliminary and final Large Scale Non -Residential Development plan of Lot 2 of BDI First Addition located west of Heinz Road; subject to submission of an agreement for the installation of public improvements and signatures of the utility companies. Commissioners planned a field trip to the new town development of Jonathon in Chaska, Minnesota on Saturday, June 25th. Commissioners Blum, Lehman, Jakobsen, and one Staff member will attend. The next informal meeting of the Commission was scheduled for Tuesday, July 5th, at 7:30 p.m. in the Engineering Conference Coom. Blum gave a brief report on the June 14th City Council meeting. The meeting adjourned. Prepared by: Sherry Chilo, DCD Secretary Approved by: J e Jak,6bsen for .Juanita Vetter, P$Z Secretary 0) 'l • • MINU'T'ES 1.01VA CITY BOARD 01: ADJUS'P14LN,T JUNIi 8, 1977 -- 3:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Nii,m lilts piwsii T: Gocdken, Mckens, Conli.n, McBride MIiMBER. ABSENT: Fowles STAFF PRESENT: Schmei ser, Mclean, Bowl in, Rdherg, Chi. id POiDIAL ACTIONS 'TAKEN: To approve V-7701, application submitted by Mr. William J. Steinbrech, Jr. for a variance in Section 8.10.2313.2 of the Zoning Ordinance to reduce the required 'front yard setback on a lot at 404 Magowan Avenue, and cited Section 414.12(3) of the .Iowa Code as justification for granting the varionce: the variance "will not be contrary to public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice clone." The Board noted that Ste:i.nbrech's situation was Unique in the Manville llcights Addition and also noted that no objections were expressed by adjacent property owners. RGQUE51'S TO Till: CITY MNNAGER FOR 1NFOIL]MIJON OR STAFF ASSIS'T'ANCE: 'fhat title Legal Staff provide assistance !.it determining the legality of the "public J.ntorost" aspect of granting Board of Adjustment variances. SUMMARY OF DISCUSSION AND PORI -AL AC'T'ION TAKEN: Chairman Gocdken called the meeting to order and asked if there were any corrections or additions to the minutes of: the May 26, 1977 Board of. Adjustment naeet.i.ng. A motion was made by Dickens, seconded by Conlin, to approve the minutes as written. 'Fhe moti.on carried Unanimously. V-7705 Public hearing on an application submitted by Mr. John J. Ilcningr.r for a variance in Section 8.10.3A.48 of the Zoning Ordinance to establish '1'rxanlcgl'lnc and the north 25' of. Lot 10 of Triangle Place Addition as an offici.ally approved Mr. John J.' Dellinger, 2025 D Street, stated that Lots 9 and 10 were acquired in 1952 and Lot 9 was acquired in 194S. The land has been used as a free nei.ghboyhood playground, he said. Taxes on the property last year were over $400 and Mr. Dellinger appealed to the Board to alleviate his personal hardship. Tho pul•posc of the application is to permit development of two lots fronting upon Triangle place, Mr. Dcninger said. Mr. John F. Ramsey, 5 'rrianplo Place, expressed concern about diminished property values for his property if the applicant's request for it variance is granted. One OF the reasons for purchasing his property in June of 1975 was because of 1:110 largo open area, he said. Construction of two or three residences in the subject area would be much too crowded, Mr. Ramsey said, incl lie expr0ssed dissatisfaction 3/.28 1 0 \7 `, ,l • • MINU'T'ES 1.01VA CITY BOARD 01: ADJUS'P14LN,T JUNIi 8, 1977 -- 3:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Nii,m lilts piwsii T: Gocdken, Mckens, Conli.n, McBride MIiMBER. ABSENT: Fowles STAFF PRESENT: Schmei ser, Mclean, Bowl in, Rdherg, Chi. id POiDIAL ACTIONS 'TAKEN: To approve V-7701, application submitted by Mr. William J. Steinbrech, Jr. for a variance in Section 8.10.2313.2 of the Zoning Ordinance to reduce the required 'front yard setback on a lot at 40.1 Magowan Avenue, and cited Section 414.12(3) of the .Iowa Code as justification for granting the varionce: the variance "will not be contrary to public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice clone." The Board noted that Ste:i.nbrech's situation was Unique in the Manville llcights Addition and also noted that no objections were expressed by adjacent property owners. RGQUE51'S TO Till: CITY MNNAGER FOR 1NFOIL]MIJON OR STAFF ASSIS'T'ANCE: 'fhat title Legal Staff provide assistance !.it determining the legality of the "public J.ntorost" aspect of granting Board of Adjustment variances. SUMMARY OF DISCUSSION AND PORI -AL AC'T'ION TAKEN: Chairman Gocdken called the meeting to order and asked if there were any corrections or additions to the minutes of: the May 26, 1977 Board of. Adjustment naeet.i.ng. A motion was made by Dickens, seconded by Conlin, to approve the minutes as written. 'Fhe moti.on carried Unanimously. V-7705 Public hearing on an application submitted by Mr. John J. Ilcningr.r for a variance in Section 8.10.3A.48 of the Zoning Ordinance to establish '1'rxanlcgl'lnc and the north 25' of. Lot 10 of Triangle Place Addition as an offici.ally approved Mr. John J.' Dellinger, 2025 D Street, stated that Lots 9 and 10 were acquired in 1952 and Lot 9 was acquired in 194S. The land has been used as a free nei.ghboyhood playground, he said. Taxes on the property last year were over $400 and Mr. Dellinger appealed to the Board to alleviate his personal hardship. Tho pul•posc of the application is to permit development of two lots fronting upon Triangle place, Mr. Dcninger said. Mr. John F. Ramsey, 5 'rrianplo Place, expressed concern about diminished property values for his property if the applicant's request for it variance is granted. One OF the reasons for purchasing his property in June of 1975 was because of 1:110 largo open area, he said. Construction of two or three residences in the subject area would be much too crowded, Mr. Ramsey said, incl lie expr0ssed dissatisfaction 3/.28 1 0 • -2_ • with the disruption of the arca during rbc construction period. Ile questioned whether rho street could adequately h:nidle more vohicular u•offi.: and expressed concern about safety hazards to young chi lchon in the neighborhood. Mr. Ramsey noted that Mr. Doninger has reali.zed :income from his property by parking cars there during University of Iowa football g:uncs. Ile suggested the: possibility of the City acquiring this land for a park. Mr. Edward G. Norris, G 'I'r.ianglc Place, objected to the proposed variance request. Additional residences would cause overcrowded conditions, parking problems and traffic congestion on the street. Mr. Norris noted Mr. Derringer's refusal to help pay for blacktopping the private road; the cost was borne by other neighborhood residents. Mr. Norris also noted the absence of: fire hydrants along the private road. Mr. David Duncan, 2709 li. Court, reprosonti.ns; his father, P. C. Duncan who owns property located at 4 'Triangle Place, stated that if the private chive were to become a public street, it would have to be widened substantially. Widening the drive would destroy the utility of Lots 9 and 10 for building purposes, he said, and would substantially alter the character of the neighborhood. Mr. Duncan stated that property owners in the area would be happy to prepare a written pro- scntation, if time would pormit. Mr. Randy D. Roach, s 'rriangle Place, stated that lie and his mother purchased the property at S 'rriangle Place in .lune, 1.975, and were told by Gilbert Realty and the staff at the Johnson County Court (louse that the subject undeveloped property (Lots 9 and 10) could not be built upon because the lots were too small.. Ito stated that the property might not have been purchased by his mother and himself had -'they known there was a possibility that the undeveloped property might someday be developed. Mr. Carl 1. Orgren, 5 Melrose Place, questioned what kind of development was being considered for the subject property. Don Schmeiscr, Sonloi Planner, explained that the area is zoned R.1D and only single family residences can be constructed. Ile also pointed out that whether or not the chive is designated as an officially approved place does not change the status of the street. The vari.;ncC :is only applicable for six months after the building permit is issued, he said, and A may be necessary for housing to start within six months after the granting of a variance. Mr. Vernon Scandrot•t, 7 Triangle Place, stated that he Js routing the property and was asked to.oppear at the meeting on behalf of the owner, Mr. Cecil Altma:ier. Mr. Scandre'tt stated that he has lived at the above -noted location for several years and has enjoyed the use of the playground. lie expressed opposition to tlae rcquestod variance and noted problems with regard to the narrow street. lie felt property values for other property owners would he decreased. Andy McKean, legal intern, suggested that the people present submit o written statement of their objections. Ile noted the number of people speaking in opposition to the proposal would have a hearing on whether or not the granting of a variance would be contrary to the public interest. lie also questioned whether whether the private drive, if established as an officially approved place, would be accessible for fire fighting equipment, ambulance service, garbage pickup, etc. Mr. Schmeiscr stated that the drive would be accessible for fire fighting equipment and for ambulance service, however, garbage pickup may he a private matter. �0. Chairman Goodken called for a motion For deferral and a written statement from the people expressing their objections to Ulu proposed request. Board member McBride felt that ucti.on could he taken on the request unless au ;Wgunumt could he madu that the essential character of the locality could be maintained. Mcftr.do noted that the follwong three factors must exist in order to grant approval of tile. variance: (1) reasonable return, (2) unicluencs:;, and (3) essential character of the locality. Ile noted that both the applicant and thu property owners could demonstrate that prop::rty values would be dhBin:i.r:hed. Granting the variance mould substantially alter the character of the locality, he said. Conlin disaurccd and stated that "essontlal character" means "single fiuni.ly character". Cori LLII felt that all the criterLa could he met for granting approval of the variiwco. 'llic app l.:ican t has the right to derive benefits for tho highest and best use of his land which the zone allows, he said. McBri.do agrood that the, applicant has the right to derive such benefits, however, he questioned whether the proximity of new residences would d:imi.nish property values of neighhorhood rc:r dent:, and, therefore, substantially alter the character of the nci.ghborhood. A motion was made by Dickens, seconded by Conlin, to approve V-7705, rippli.catiun submitted by Mr. John J. Deni.nger for a variance in Soction 8.10.3:1.46 of the Zoning Ordinance to establish 'Triangle Place and Lire north 25' of I,ot 10 of Triangle Place Addition as an officially approved place. Dickens moved to amend the motion to approve the variance with the stipulation that the drive would be accessible at all times during the construction por:i.od. Conlin seconded the motion. Mr. Schmeiser stated that of the three requisites required for approval of a variance, the Staff was most concerned about the public interest aspect. lie suggested the matter be deferred to the next meeting and referred to the Legal Staff for review. McKean concurred. A vote on the amendment was taken: Conlin-ycs; Dickens -yes; Goodken-yes; McB ridc- abstained. 'rhe motion carried. Dickens questioned whether it was legally acceptable for the applicant to rent his property to pari: cars during University of Iowa football games. Ife should not be denied proper use of his property, Dickens said, and it seems somewhat unreasonable for Jilin to provide a recreational area for other people. Conlin poLotod out that hall the applicant desired, residences could have been built on 11.1 three lots in the 1950's which was prior to the time the Comprehensive Plan was adopted in 1962. After further discussion, a motion was mado by Conlin, seconded by McBride, to defer consideration of V-7705, public hcar:ing on an application sl}hmit.t.ed by Mr. .John J. Dellinger, and to refer the question of "public inturest" to the Logal Staff for further study and subsequent report to the Board of Adjustment at the next regular mooting, July 1.3, 1977. maride cautioned against ucti.ng on the variance without cons 1doring all the present: requirements of the Zoning Ordinance. h'hen an ordinance :is passed, that: changes things, he said. A vote was taken: Conlin -yes; Dickens -nu; Goodken-yes; McBride -no. 'file motion faiIoil. I McBri.do indicated that reasons for granting the varianco must' he stated in a motion and if additional material could be presented at the nest meoti.nl;, he t:'001d be w:illi.ng to change his vote. Gocdl<cn felt the Legal Staff should be given ❑n Opportunity to respond to the request and cautioned against: the Board acting too hastily. Mcl;f1de reversed his veto. Tho motion for deferral alit referral to the Legal staff carried. John i:immamon, attorney front Cellan Rapids, stated that lie r:ould lilac to w01'k with the City Staff to help resolve problems. Board members asked that people attcnd.Lng the meeting be notified of the July 13th Board of Adjustment meeting. -7701. Review of an arml.icat.ion submitted by i•h•. I'"'ill iam J. Steinbrech,_Jr. c on a lot at 404 Idugowan Avenue; date Mr. Dan Boyle, attorney representing Mr. 17:i11iam J. Stcinbrech, Jr., t.haaked the Board for reconsidering their action taken at the May l2th meeting concerning Mr. Ste:inbrech's application for a variance in the front yard setback. lie slated that a screened -.in porch would enhance the appearance of the property and vould not violate the intent of the ordinance. Many lots :in Manvi.11o Heights Addition do not have lots GO' wide, lie said, and Mr. Stcinbrech has to meet the requironnents for two front yards since his property is on a corner lot. Mr. Boyle stated that he had checked the County Auditor's plat: hoot: and found there were approximately 180 separate lots In a L2 -block arca of Manville Ilcighls Addition. of those 180 lots, only G arc on the curncr of a GO -foot wide lot, he said. 'Therefore, Mr. Steinbrcch's situation is somewhat unique to the nci,hbor- hood. Unless the variance is granted, Steinbrech's are notalloaed to use their property to its full potential under the uses allowed :in an RIA Zone, Mr. BoyJc said. Mr. Boyle pointed out that the addition of a screened -in porch would not alter the character of the neighborhood and no one would be adversely affected hp it. 'there is a hardship involved, Mr. Boyle said, and the property next door could he -considered more valuable because i.f something should happen to the exi,L in;; porch on that property, it could be rebuilt. As it stands now, Mr. Stcinbrech is denied that privilege. McBride noted that because of the corner lot, the side of the yard is also defined as the front: yard and the building is too close to Lhc street to be a conforming, structure. Goedken pointed out that the property was non -conforming whon purchased by the Stcinbrech':; .in 1974. Boyle indicated that Steinbrech's prrv.iously owned the property north of the subject propel t:y and it never occurred to them that the structure was non -conforming. (:oil] in suggostcd the possibility of nnovinl; the porch to a slightly different location. Don Schmaiser informed the Board that the building is non -conforming becout:c it doesn't comply with the front yard requirements of the Zoning Ordinance and, therefore, no structural alterations can he made without the grant of a variance. It is not n case where the porch call he moved to a slightly different location, Mr. Schmciso• said, the porch can't he built al all without a variance being granted. Chairman Gocdken noted that the house is 11011-confor1111 ng because it is not set hack 30' from Melena Street. Andy l4cKcan, nutltor of the Staff Report regarding the subject application, allroed that building a screened -.in porch would not be a hindrance, ho1•:ever, he did not feel that hardship had been demonstrated, particularly in relation to anignunesS of the situation. The hardship in this case :is not unique to the proporl.y but, rather, is a hardship shared by other property owners, he ::aid. Ile cautivaed tile Board against granting rlic rarlNilce as it special privilege. Mr. Boyle commented that Mr. Stci,nl)rccll's situati.nn may not be uu-iquu to Iowa City, but is unique to his particular neighborhood. McKant gUestiolled whothor the Situation was unique in the Manville Heights neighborhood. Tony Kushnir, Assistant City Attorney, suggested that the Board tale int -o con- siderntion other :factors relating to the caro, i.e., 1•:huther the Spirit of tine ordinance would be met, reasonable return, etc. McBride indicated that if all the properties in the :area have the sank problem, then the zoning should be changed. if only one. of the properties have the problem, then a. variance would be allowable. McBride stated that the essonti.al character of the locality would not. 11e threatened by the addition of the porch and ha felt the property owner should be allowed to enjoy his property :in a manner he found ncceptablc. "1 think we would be closer to Observing the Spirit of tide ordinance by. allowing the variance rather than denying it," McBride sai.d. Board member Conlin questioned whether the requi.remcnt,s for the Front yard on both sides of a cornor lot should possibly be changed in the Zoning Ordinance. Schm¢:.iser responded that the reasons for having front yards set bnck 301 from the street should be equally applicable to all streets that abut property. A mgtion was made by Conlin, seconded by McBride, to approve V-7701, application submitted by Mr. William J. Steinbrcch, Jr. for it vnrionce in Section 8.1.0.2313.2 of the Zoning Ordinance to reduce the required front: yard sotback on a lot at: 404 Magowan Avenue. Mr. latshnir pointed out that the motion should address reasons why the variance was being granted. It would not he proper to grant approval of a variance on the basis of a need to change the Zoning Ordinance, he sai.d. Conlin and McBride withdrow their motion. A motion was made by McBride, seconded by Conlin, to approve V-7701, application submitted liy Mr. William... Steinbroch, It,. for a variance .in Section S.10.23B.2 of the Zoning Ordinance to reduce the regnirod front yard setback on a lot at 404 Magowan Avenue, and clLed Suction 414.1?.(3) or the Lown Code as justification for granting the variance: the variance "will not be contrary to pubri,c l.nterost, where owing, to special conditions n literal onforeenent of: the provisions of the crdinanc:e will result in unnecessary hardship, and so that the spirit: of the ordimanco shall be observed and substantial justice done." Tho hoard noted that Stei.nbrech's situation was unique i.n the Manville Heights Addition, and also noted tlant no objections wore expressed by ndjncent: property owners. Conlin staged that granting the varinncecould possibly set a precedent 1701, grinning similar requests for variances. Andy McKean stated that it is because of tile • existence or similar properties: that he would advocate a changr in the Zoning Ordinance rather than grant the variance. A vote was taken: Conl:inocs; Gocdkewyes; hkliridugvs. Thu motion carried. The variance was granted. (Dickens tens not present when tite vote was taken.) 'lTac mect.ing adjourned. Prepared by Sherry chi.ldlI DCD Secretary C� STAFF REPORT \, To: Planning and Zoning Commission Item No.: 5-7721 Makada Subdivision • Prepared by: Doug 800throy Date: 6/16/77 GENERAL INFORMATION Applicant: Edward J. Gatens 2010 Glendale Road Iowa City, Iowa 52240 Requested Action: Final plat approval // Purpose: To establish 11 lots f4 single family residences and 16 lots for multi -family residential use Location: Approximately one-half mile south of city limits in Johnson County and east of county road which extends south from Sycamore Street Size: 15.83 acres Existing Land Use: Partially undeveloped and two multi -family residential buildings Surrounding Land Use: North - undeveloped East - undeveloped South - farmstead and undeveloped West (across county road) - undeveloped Applicable Regulations: Subdivision requirements of Chapter 9.50 of the Municipal Code and provisions of the Storm Water Detention Ordinance Limitation Period: 7/11/77 SPECIAL INFORMATION Public Utilities: Sanitary sewers and water mains will be privately owned and maintained. Public Services: Police and fire protection will be provided by Johnson County. 0 -2- Transportation: Physical Characteristics: 0 Adequate access is available from the county road on the west. The topography is gentle with a slope range from 0 to 2 percent. An analysis of the proposed development was submitted in Staff Report 3-7642 dated January 6, 1977. RECOMMENDATION It is the staff's recommendation that the final plat be approved subject to submittal of all necessary legal papers. ATTACHMENTS Location map ACCOMPANIMENT Final plat Awl— Approved by: Dennis R. Kraft, Dire for Department of Community Development 10."A CIiT :.:ii •..:::. .. .. i� IUI:ICiNt. • u \1 nJ •I0'7h'A CITY c 1- SCALE I"12000' o ' CQAp LLND�RY T- I 'rl 1. AST 1.0 J GATI'NS IAAKADA_ 1 LUCAS SUBDIV IS ION TWP. I 11 LOCATION MAP S -17o2 / STAFF REPORT • To: Planning and Zoning Commission Prepared by: Don Schmeiser Item: 5-7723, LSNRD plan of Lot 2, Date: June 16, 1977 BDI First Addition GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive plan: Zoning history: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: 0 W. M. & R. L. Bywater 2501 Potomac Iowa City, Iowa 52240 Approval of a preliminary and final Large Scale Non -Residential Development plan of Lot 2 of BDI First Addition. Te construct a building for a screen process printing firm (Hawkeye Industries, Inc.) West of Heinz Road and north of Highway 6 Bypass 3.08 acres Undeveloped and M1 North - undeveloped and Ml East (across Heinz Road) - warehouse and Ml South - warehouse and Ml West - undeveloped and M1 Area is designated for industrial development Area was zoned M1 shortly after annexation in mid -1960. 7/23/77 Adequate water and sewerage service are available and will be extended to the site. Police and fire protection are available and public sanitation service will not be provided. Vehicular access would be provided from Heinz Road. 3^0 1 0 -2- Physical characteristics: ANALYSIS 0 The topography is gentle to rolling with a slope of less than 10 percent. An existing drainage way runs north- northeast through the rear portion of the site. The applicant proposes to construct a 6000 -square foot building for the screen process printing firm, Hawkeye Industries, Inc. (see attached letter) and for another tenant not yet determined. There are no major constraints in the development of the site. RECOMMENDATIONS It is the Staff's recommendation that consideration of the subject preliminary and final LSNRD plan be deferred. Subject to revision and correction of the plan incorporating the deficiencies and discrepancies noted below, and review by the Engineering Division, it is the Staff's recommendation that the plan be approved. DEFICIENCIES AND DISCREPANCIES 1. Signatures of the utility companies should be provided on the plan. 2. The type of commercial use proposed should be included on the plan, e.g., printing firm. 3. The height of the building should be indicated on the plan. 4. The parking lot and drive should be composed of a "permanent dust free surface" and preferably of four -inch p.c.c, paving or asphaltic concrete. S. One additional 1.2 -inch diameter tree should be located between the parking area and building. 6. The limits of the storm water detention basin should be shown, described, and referenced to property lines or corners. 7. The 1140 -foot drainage easement" should be noted as existing. S. Utilities should be shown as extended to the northerly property line extended. ATTACHMENTS 1. Location map. 2. Letter from the applicant. '4� 1,911111 - Approved by: Dennis Kraft, D re or Dept. of Community Development I LOCA?ION MAP IOWA Cf1Y 10•MA NO SCALE s-7723 a J • _ bt:'L -•�� ' �� •Bou uowa I SITE I . i1i • LOCA?ION MAP IOWA Cf1Y 10•MA NO SCALE s-7723 a