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HomeMy WebLinkAbout1983-06-21 Bd Comm. minutesI 4 6 7�-- , MINUTES RESOURCES CONSERVATION COMMISSION MAY 17, 1983 7:30 PM CIVIC CENTER - LAW LIBRARY MEMBERS PRESENT: Singerman, Sheehan, Levy, Cox, Gartland MEMBERS ABSENT: McPeak STAFF PRESENT: Webb APPROVAL OF MINUTES The minutes of the meeting of March 29, 1983, were approved by consensus as presented. FRANCHISE RENEWAL DISCUSSION/CORRESPONDENCE TO COUNCIL Minimal discussion was offered on the redraft of the correspondence to the City Council concerning the need for a local conservation strategies study. Members stressed the point that such a study would be useful for long-term municipal goals, and if it positively impacted the future gas/electric franchise, then all the more reason to undertake it. There upon the motion was made by Cox, seconded by Gartland, that the energy study statement be submitted to Council as drafted. Ayes: Singerman, Cox, Gartland. Nays: None. Abstentions: Levy, Sheehan. Motion carried. OTHER BUSINESS Singerman suggested that the next meeting date not be set until the Council fills the present Commission vacancy which is on their agenda for the meeting of May 24th. Levy suggested that if the Commission anticipates coordinating an energy fair this fall, planning should begin soon. Meeting adjournment at 8:15 PM. Tom Gartland - Secretary Minutes prepared by, Richard Webb, Energy Coordinator MICROFILMED BY I IJORM MICRO_ LAB y .CEDAR RAPIDS -DES MOINES-.(- _.__ _J `-1 1 ■ I i MINUTES HISTORIC PRESERVATION COMMISSION MAY 11, 1983- 6:30 P.M. IOWA CITY PUBLIC LIBRARY - MEETING ROOM B MEMBERS PRESENT: Greg Duffey, Howard Jones, Chuck Skaugstad, Larry Baker, Margaret Nowysz, Steven Vander Woude, James Hayes STAFF PRESENT: Pat Keller RESIDENTS PRESENT: George McCormick CALL TO ORDER: The meeting was called to order by Margaret Nowysz at 6:34 PM. MINUTES: James Hayes moved that the minutes from the April 27, 1983 meeting of the Historic Preservation Commission be accepted by the Commission. This motion was seconded by Larry Baker. The motion passed unanimously. REVIEW OF BY-LAWS: , Margaret opened the discussion by asking members of the Commission if they had any suggestions regarding changes to the by-laws for the Historic Preservation Commission. Jim Hayes brought up the point Article II: Section 1. Membership and Section 3. Terms were in conflict regar ing 5ielength of terms versus t e s orte� Initial terms. Howard Jones suggested that this conflict could be resolved if the first sentence was expanded to include the wording "except for the shortened initial terms that provide for staggered membership." Howard then asked the Commission if they wanted to vote on each individual change to the by-laws or the final amended version. It was agreed by the Commission that the final amended version of the by-laws would be voted on by the Commission. Howard also added that Article IV. Section 3. should be expanded so that the minutes could be rev ewe and approved by the Commission prior to being sent to the City Council. Larry Baker added that although staff worked quite diligently, it would be impossible to send minutes of the meeting to City Council within one week. The first sentence was then amended to read "Minutes of all regular and special meetings are to be prepared and distributed to Commission members and approved by the Commission prior to being sent..." Larry also pointed out that Article I. Section 7. stipulated that a period of public discussion shoul3Tie m -de a v a f TATe on the agenda. Larry explained that the Planning and Zoning Commission included time at the beginning of their meetings for public discussion as well as time at the end of their meetings for Commission members to relate items of interest or importance to the other Commission members. It was agreed that time periods would be set aside to accommodate these requirements. Howard suggested that the flexibility of the agenda should be maintained or possibly the agenda could be amended by the Commission at meetings so that additional items might be included. C MICROFILMED BY '.JORM MICROLAB i It!y CEDAR RAPIDS -DES -MOINES r //(,.S MINUTES HISTORIC PRESERVATION COMMISSION MAY 11, 1983 PAGE 2 Various grammatical corrections were included in the revision of the by- laws. Howard Jones pointed out that Article Sect 2, Membership, was unclear regarding the election of the Chair and Vice -Chair. fhis sentence was amended to read "Annually the Chairperson and Vice - Chairperson will be elected by the Commission members." Jim Hayes presented a motion to accept the by-laws as amended. This motion was seconded by Steve Vander Woude. The motion passed unanimously. ELECTION OF CHAIR AND VICE -CHAIRPERSON - Howard Jones presented a motion to accept Margaret Nowyz as Chairperson of the Historic Preservation Commission. This motion was seconded by Steve Vander Woude. No discussion followed and the motion passed unanimously. Chuck Skaugstad made a motion to accept Howard Jones as Vice -Chairperson of the Historic Preservation Commission. Jim Hayes seconded this motion. No discussion followed and the motion passed unanimously. JOBS BILL PROPOSAL Margaret Nowysz opened the discussion by reviewing the program guidelines I and projects that had been presented to the Committee on Community Needs. Howard Jones then read the goals and objectives of the program. The Jobs Bill proposal was then passed to members of the Commission and Margaret reviewed the form and request that was to be submitted to CCN with the Commission. Margaret then explained the proposed project to the Historic Preservation Commission. Steve Vander Woude opened the discussion by asking who would in fact retain title to the house, and wanted to know if the Commission had the ability to obligate the City in such a matter. Jim Hayes responded that according to the proposal as written by the Commission to the CCN, the City would retain title to the property. Margaret requested that staff would have to ascertain the answer to this question. Steve asked where and how a house would be selected for this project. He suggested looking at the sandstone house on North Johnson St. and the two older homes located on the west end of the Mercy Hospital block. These houses might be targeted for fundingGeorge McCormick added that the sandstone house was presently in recievership and that obtaining title to this property would be very complicated and difficult. Chuck asked if the amount of funding requested by the Commission was reasonable. Chuck also asked what other projects would be competing with the Historic Preservation Commission's project. Pat Keller then explained the main proposals that had to date been submitted to CCN. In response to the legal question regarding ownership, Steve suggested that a private group might be better equipped to deal with a project of this nature. Larry Baker asked what private groups in the community were available to handle this project. Margaret explained that private groups do not have the expertise or energy to handle such a project. She stated //Gs- Gi MICROFILMED BY I +fi` :JORM MICRO_ LAB I i CEDAR RAPIDS -DES MOINES J MINUTES HISTORIC PRESERVATION COMMISSION MAY 11, 1983 PAGE 3 that the project was meritorious and had value to the community. Larry added that the project would be non-profit. Chuck stated that the educational components would also be very important. Howard Jones asked how the funds for the purchase of the home and consequent resale would be recycled. Margaret responded by discussing the Possibilities of creating a salvage bank or undertaking another rehabilitation project. Steve expressed concern that in order for this project to make an impression on the community, the structure would have to be quite unique. Greg added that the neighborhood in which the project was located would determine its resale value, thus impacting on the amount of money which could be recycled. George stated that the project should be kept small, such as the sandstone house on N. Johnson Street. Thus the cost could be kept at a minimum. Margaret discussed some other buildings that she had discovered which theShaw House oona College Street, tect of this hebrickhouse llocated adja adjacent to Ralston Creek Village at Burlington and Gilbert Streets, and the sandstone house on N. Johnson Street and a duplex on Summit Street. Jim Hayes said that the duplex on Summit Street was owned by Jeff Langston and was currently selling for $150,000 and needed a lot of work. Steve asked about the possibility of just doing exterior work and improving more homes With the money. Margaret responded by stating that interior work is just as important and should not be ignored. An educational program should cover all aspects of renovation, the interior as well as the exterior. Greg reminded the Commission that the intent of the Jobs Bill is to create jobs. Could the renovation of a public property be covered through a brick project at he one the kstreetsbeconsidered aCommission worthwhilerthwhile project? Steveuasked eirepair work on low income houses and repair of exterior structures of low income Properties would enhance the position of the Commission's project. Margaret asked the Commission if the amount requested for this project was reasonable. Margaret also stated that a wide range of projects could be considered with the recycling funds. She also asked the Commission range of proposals should be submitted to CCN. if a Greg added that the old railroad depot in Iowa City was again up for sale. Margaret stated that this building had a lot of appeal but the location and price were not right. Chuck said that the Commission should pursue oneproject and not diversify. Margaret wondered if a project should be limited to a historic district. Steve stated that the location should be kept open and not limited to any one area. Greg added that it would be difficult to find a house with locational restraints attached to the project so the Commission should not limit itself to certain areas. Margaret asked if the tasks listed to be completed by this project would be understood by CCN. Chuck brought up the point that under "Tasks" an additional No. 6 should be added to include education. Howard asked if this hadn't already been stated in Section 3.a. of the outline. The MICROFILMED BY '.JORM MICROLAB CEDAR RAPIDS-bES-MOINES r J MINUTES HISTORIC PRESERVATION COMMISSION MAY 11, 1983 PAGE 4 Commission, agreed to restate the educational aspects under a new No. 6 of the section "Tasks to be completed". Larry Baker asked if there were any programs regarding historic restoration that had already been filmed on video and could be shown over the cable tv network. Larry stated that cable tv had been used quite successfully in relation to the noise ordinance. Chuck added that the inclusion of cable tv as a medium for presenting the project would indeed reach a much larger audience. It was decided that various preservation groups could be contacted to investigate the availability of video shows to use on the Iowa City access channel. Margaret then reminded the Commission that the 7:30 PM deadline for a proposal submission had arrived and that the amount of funding to be requested needed to be formulated. Chuck suggested a figure of $125,000 and the Commission agreed that this figure would be used. Ad.iournment The Commission then adjourned about 7:45 PM to attend the CCN Jobs Bill public hearing. 51 �, MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS• -DES MOiNES -f 1 MINUTES PLANNING & ZONING COMMISSION APRIL 21, 1983 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blank, Horton, Seward, Scott, Jakobsen, Baker MEMBERS ABSENT: Jordan STAFF PRESENT: Boothroy, Jansen, Boyle, Schmeiser, Franklin, Behrman RECOMMENDATIONS TO CITY COUNCIL: j } 1• 5-8306. That the application submitted by Gregory Downes for approval of the final plat of the replat of a portion of Block 4, Page's Addition to Iowa City, Iowa, located in the northeast quadrant of the intersection of Dodge and Page streets be approved subject to a waiver of the preliminary Plat requirements as requested. 2. S-8307 Me amended final LSRD plan of University Lake Apartments, located on Melrose Lake off of Woodside Drive extended, a private drive, be approved i subject to the signatures of the utilities. 3. The appointment of Larry Baker as Planning & Zoning Commission representative to the Historic Preservation Commission was confirmed. SUMMARY OF DISCUSSION: j Scott called the'meeting to order. Public Hearin on the 1983 Zonin Ordinance and Ma : i The following persons spoke in opposition to the 1983 proposed zoning ordinance and map. I. Vic Edwards, 821 E. Jefferson, urged an expansion of the RM44 area or the zoning of his property to c0-1. i 2• Larry Rigler, 2727 Rochester, representing Glenn Jacobsen, urged that the proposed RM20 zoning for 708 Oakcrest and 415 Woodside Drive be changed to RM44. 3• Marcie Roggow, 304 E. Burlington, representing the University Relations Committee of the Iowa City Chamber of Commerce, asked that sororities and fraternities be classified as something other than rooming houses. Roggow presented a petition. 4• Tom Brcka, 303 Ellis Avenue, asked that fraternities and sororities be classified as dormitory living rather than rooming houses. 5• Mark McConnell, Rural Route 2, representing the Homebuilders Association of Iowa City, expressed concern at the downzoning of the medical area in //6 G ,(i j MICROFILMED By !JORM MICRO CEDAR RAPIDS•DES_ LAB MOINES �. (IJ PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 2 Towncrest, the restrictive nature of the proposed CHI zone and its impact on the homes in the area south of Home Town Dairies, the restrictions on fraternities and sororities and the creation of a large number of non- conforming properties. McConnell argued that proper notice concerning the creation of these non -conformities was not being served. 6. Anthony Frey, 15 Caroline Court, stated concern at the status of duplexes in the RIB and RS8 zones. Frey further urged that a zero lot line ordinance be considered which would include duplex developments. 7. John Cruise, speaking an behalf of the Homebuilders Association, addressed the ambiguities in the OPOH Overlay Zone provisions. He stated that the biggest concern was the disallowance of commercial uses. Cruise stated a preference for the current PAD provisions. 8. Ralph Staffer, 1902 Broadway, agreed with Cruise's comments. Staffer further asked that the RM12 special exceptions be reclassified as provisional uses. 9. Loren Hershberger, 912 Juniper Drive, also representing the Homebuilders Association, addressed the serious problems encountered in the AG zone. Hershberger commented that a May 24th moratorium could not have come at a worse time in the construction season and urged that more time be allowed to work out discrepancies in the proposed zoning ordinance and map. 10. Al Leff, 222 South Linn, expressed concern at the large number of non - conformities created by the proposed zoning ordinance and the lack of proper notice to affected property owners. 11. William Sueppel, 122 South Linn, spoke on behalf of the Homebuilders Association, expressing concern at the lack of notice to affected property owners, the impending moratorium and its legality and the large number of non -conforming properties created by the proposed zoning ordinance. Sueppel questioned how many protestors to the proposed zoning ordinance would trigger a "super majority" by the City Council to pass the proposed zoning ordinance. 12. Mark Hamer, 119 Washington Park Road, representing the Greater Iowa City Apartment Association, stated that the proposed ordinance revisions to the Human Rights Ordinance in the area of housing must be addressed and further, urged that attention be given to the impact on rental housing of these and the proposed zoning ordinance changes. 13. David Doering, 1016 Diana Street, urged that property at 521 Kirkwood Avenue be zoned RS8 rather than RM20. 14. Dale Sanderson, Rural Route 1, asked that 22,000 square feet of his property be included in the OPOH-5 zone rather than the proposed zone of agricultural. 15. Larry Schnittjer, 465 Highway 1 West, suggested a provision for the zero lot line ordinance be included in the proposed zoning ordinance. l j MICROFILMED BY '.JORM MICROLAB CEDAR RAPIDS -DES I40111ES I' I r PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 3 16. Scott Barker, representing Old Brick Associates, requested a CN1 classification rather than C01 for Old Brick. 17. Mickie Wiegand, 907 South Dodge, expressed concern at allowing any high density apartments at 521 Kirkwood and in the Page and Dodge streets areas. 18. Glenn Jacobsen, 375 Mormon Trek Road, urged that all property owners who will be affected by the new zoning ordinance receive proper notice. 19. John Kammermeyer, 116 Ferson Avenue, expressed concern at the large number of nonconforming properties which would be created by the new zoning ordinance and mentioned.the current non -conforming property at 117 Ferson and its problems. 20. Bruce Glasgow, 834 North Johnson Street, pointed out errors in the new i zoning map. Glasgow stated that the map needed to be updated and questioned the need for the new zoning ordinance. Glasgow also asked that a tract of land located 200 feet north of the Mayflower be zoned R3A. t 21. Allen Wolfe, 1210 Grant Court, objected to the highway commercial zoning at the corner of North Dodge and St. Clements streets. C 22. Ernie Stoppelmoor, 2405 Towncrest Drive, asked that the zoning in the Towncrest area remain as present. Stoppelmoor further urged that letters be sent to all affected property owners. 23. Lyle Miller, 7 Princeton Court, questioned the necessity of the maximum lot size in the RS5 and RS8 areas. Miller requested that maximum limits be deleted and that parking requirements be reviewed as he found them unreasonable. 24. Mitchell Ruffcorn, 15 Heather Drive, expressed concern at the downzoning of the Towncrest medical area. 25. Mike Furman, 2305 Cae Drive, urged that the adoption of the proposed zoning ordinance be deferred until all discrepancies and deficiencies could be worked out. I 26. John Wakefield, 656 South Governor, stated that the proposed zoning ordinance was poorly written, used an outdated map and was difficult to understand. Wakefield expressed concern at the downzoning of his and others whose properties were currently zoned R3A. Wakefield also questioned how many protestors would be needed before forcing the City Council to take action as a super majority. 27. Marcie Roggow spoke again, stating that parts of the College Hill neighborhood were rezoned again without further notice from RNC -20 to RM - 12. Roggow referred to property owned by Lorna Mathes. Roggow stated that Lorna Mathes had been guaranteed that her property would not be rezoned from commercial. Scott commented that the Commission had made no guarantees to Mathes that the property would not be rezoned; however, that would not deny any 1w MICROFILMED BY '.JORM MICROLAB {� CEDAR RAPIDS -DES -MOINES r r V PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 4 legitimate concerns she might have. Scott commented that the issue was not how long the Commission had worked on the proposed zoning ordinance nor whether the public had been adequately informed, but rather the issue was the proposed zoning ordinance and accompanying map. Scott pointed out that the City Council, rather than the Planning & Zoning Commission, had set the time schedule. He assured those in attendance that their views would be considered before the Commission sends the document to Council. He thanked them for their input. The following persons spoke in favor of the proposed zoning ordinance: Merle Trummel, 314 West Benton Street, expressed his thanks to the Planning & Zoning Commission for their effort on the proposed zoning ordinance and urged that it be adopted as judiciously as possible. Baker thanked the public for their comments. The public hearing was closed at 9:30 p.m. The meeting reconvened at 9:38 p.m. ZONING ITEMS: There was no public discussion of any item not on the agenda. Z-8�_ Public discussion of an application submitted by Richard Ziock for the i rezoning from R18 to R3A of property located at 223 South Riverside Court; 45 - day limitation period: 4-28-83. Franklin reviewed the staff report, stating that there was nothing further to report regarding the agreement question. 'It remained unsigned by Zioch. Michael Naccarato, 219 South Riverside Court, spoke on behalf of Hogan, who remains opposed to the rezoning. Naccarato presented a letter dated May 21, 1981, stating that the objections still stood. Richard Ziock, 207 Myrtle, requested a waiver of the 45 -day limitation period and urged deferral to the next meeting following May 9, 1983. Moved by Seward and seconded by Jakobsen to defer item Z-8306 until May 19, 1983. The motion carried unanimously. Z-8307. Public discussion of an application submitted by Max Selzer for the rezoning from C2 to R3A or CBS of property located at 624 South Gilbert Street; 45 -day limitation period: 4/29/83. Franklin mentioned that she had contacted the Department of Environmental Quality regarding the fuel oil spill at 624 South Gilbert Street. A letter had been received and more material was forthcoming relating to the nature of the health hazard. Franklin referred to a report prepared by the Fuel Recovery Company, Inc. Franklin stated that the staff's recommendation was changed from approval of this item to deferral until the problem was resolved or it was shown that the problem would be resolved. Scott stated for the record that a report from the Fuel Recovery Company, Inc., dated April 19, 1983, had been received. MICROFILMED V ',JORM MICROLAB i CEDAR RAPIDS -DES MOINES r PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 5 Max Selzer, 4 Wellesley Way, stated that he was not interested in building anything which was hazardous to the health, welfare or safety of the public. Selzer stated he would be disappointed if th Commission. e item was deferred and stated he had no idea that the spill condition existed prior to the first meeting with the David Whiting, 922 Walnut Street, stated that he was an employee of the DEQ. Whiting questioned the specific hazards as pointed out by the DEQ in their letter. Whiting stated that he hoped clean-up operations would be completed, pointing out that he would have no rezoning objections at that time. With regard to the zoning map, Whiting commented that he was glad to see that urban sprawl would be contained. Donald Gray, 101 Post Road, stated that he was unaware of the oil spill until ten days prior to the meeting. Gray stated that the Moore Oil Company would be going to great expense to meet the request of the DEQ. Jakobsen expressed preference to defer and asked if a waiver could be received. Moved by Jakobsen to recommend approval of item Z-8307. Seconded by Horton. Jakobsen pointed out that she would vote against this due to the problems presented but had no problem with the rezoning on its own merits. Baker stated that he did not feel the R3A zone was the appropriate use for the property and expressed a preference for a mixed residential and commercial use with access off Gilbert Street. Baker pointed out potential traffic problems in the area. Blank agreed with Baker's comments particularly with regard to access and 1 density. Seward urged that a waiver be requested of the applicant. Horton stated that he had no objection to the rezoning on its own merit but stated that he would vote against the item due to the present circumstances. Selzer pointed out that the initial request was for a CBS zone which would be mixed residential 'and commercial use. Franklin stated that the staff report had k focused on the request for the R3A rather than the CBS zone but that the Commission could choose to make a motion to rezone to CBS. Baker asked if CBS was the appropriate zone. Franklin stated that it could constitute spot zoning, since the property in question was surrounded by an R3A area. Selzer requested that this item be deferred to May 5th. Jakobsen withdrew the motion and Baker his second. Moved by Blank to defer item Z-8307 until May 5, 1983. Seconded by Horton. The motion carried unanimously. Z-8308. Public discussion of an application submitted by Hillcrest Family ery ces for an amendment to the zoning ordinance to permit group. care facilities in R3, R3A, and R3B zones; 45 -day limitation period: 5/9/83. Franklin stated that an amendment to the zoning ordinance would be discussed the following week and suggested deferral of this item to May 5th. Moved by Seward to defer Z-8308 to May 5, 1983. Seconded by Jakobsen. The motion carried unanimously. MICROFILMED BY :.JORM MICROLAB ! CEDAR RAPIDS -DES MOINES r PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 6 SUBDIVISION ITEMS: S-8306. Public hearing on an application submitted by Gregory Downes for approval of the final plat of the replat of a portion of Block 4, Page's Addition to Iowa City, Iowa, located in the northeast quadrant of the intersection of Dodge and Page streets; 45 -day limitation period: 5/6/83; 60 -day limitation period: 5/21/83. Franklin stated that the staff recommended that the waiver of the preliminary plat requirement be granted as requested and that this item be approved subject to a determination of the location of storm sewer and the showing of the storm sewer on the plat. Boyle asked that the Commission not condition approval on the location of the sewer. Moved by Jakobsen and seconded by Horton that item S-8306 be approved subject to the waiver of the preliminary plat requirements as requested. Seward expressed reluctance to vote on this item because it was on the agenda for the first time. Baker stated that he would vote in favor of the subdivision but opposed any RM -12 zoning in this area, stating that the appropriate zone was RS -8. The motion carried 5-1; Seward voted no. S-8307. Public discussion of an application submitted by Terence Williams for approval of an amended final LSRD plan of University Lake Apartments, located on Melrose Lake of of Woodside Drive extended, a private drive; 45 -day limitation: 5/9/83. Franklin stated that all deficiencies had been corrected and recommended approval subject to obtaining signatures from utilities. Herman Falsetti, 6 Melrose Place, expressed opposition to approval of the subdivision. Jakobsen asked if Falsetti was aware that the applicant could develop at this f density without applying to the Planning and Zoning Commission for revisions and Falsetti stated that he was. Carl Orgren, 5 Melrose Place, asked if the LSRD was a method of increasing the density. Jakobsen stated that this was a conforming use at this density but the characteristics of the initial development were being amended. Scott read from the staff report to clarify the density issue. Franklin explained the powers of the Commission under an LSRD review. Moved by Baker to approve S-8307 subject to signatures of the utilities. Seconded by Horton. Seward stated that he would abstain because he did not attend the informal meeting discussing this item. Baker expressed concern about density in the area but stated there was not much the Planning and Zoning Commission could do about that at this time. Baker stated that he would vote in favor of this item. ��101p j { MICRDFILMED BY 'JORM MICROLAB ' ..CEDAR RAPIDS -DES MDI NES J. 1. I —1 i1 PLANNING & ZONING COMMISSION APRIL 21, 1983 PAGE 7 The motion carried 5-0-1; Seward abstained. The minutes of March 10, 1983 were amended as follows: Page 6, second paragraph from the bottom of the page, should read as follows: . Blank moved and Jordan seconded a motion to approve the preliminary and final LSRO for Van Buren Village (S-8301); the motion carried 4-1 with Baker voting no. Moved by Blank and seconded by Baker to approve the minutes of March 10, 1983, as amended. The motion carried unanimously. The minutes of March 17, 1983, were deferred pending revisions on page 8 and 9. OTHER BUSINESS 1. Public discussion of appointment to the Historic Preservation Commission. The appointment of Larry Baker as Planning and Zoning Commission's ! representative to the Historic Preservation Commission was confirmed. The meeting adjourned at 10:39 PM. - Taken by: Sara Behr an ' Approved by: I '� orst ordan, ec etary i 1144 N .. `` MICROFILMED BY l i' !.JORM MICROLAB r .'CEDAR RAPiDS•DES.MOINES ., r• MINUTES PLANNING & ZONING COMMISSION MAY 5, 1983 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blank, Horton, Seward, Scott, Baker MEMBERS ABSENT: Jordan, Jakobsen STAFF PRESENT: Franklin, Boyle, Knight, Behrman RECOMMENDATIONS TO CITY COUNCIL: 1. Z-8306. That the application submitted by Richard Ziock for the rezoning from R18 to R3A of property located at 223 S. Riverside Court be approved. 2. 5-8308. That the application submitted by Plum Grove Acres, Inc. for approval of preliminary subdivision plat for approximately 6.12 acres between Scott Boulevard and Peterson Street extended be denied based on the i lack of adequate sewer capacity in the downstream system. 3. 5-8309. That the application submitted by Blooming Prairie Warehouse, { developmentpplan for six acresmin thinae B I Industrial Parkand final large lbenapprovedential i 4. 5-8310. That the application submitted by First National Bank of Muscatine j for approval of a preliminary and final subdivision plat, Aspen Lake Part' 2, for 4.75 acres at the intersection of Westwinds Drive and Roberts Road b be approved subject to the final approval of the legal papers. SUMMARY OF DISCUSSION: i- Seward called the meeting to order. Moved by Scott to approve the minutes of March 17, 1983 as printed. Seconded by Horton. The motion carried unanimously. There was no public discussion of any item not included on the agenda. ZONING Imo: Z-8306. Public discussion of an application submitted by Richard Ziock for the i rezon ng from R18 to R3A of property located at 223 S. Riverside Court; 45 -day limitation period: waived. Franklin reported that a signed agreement between Hogan and Ziock was in effect; Hogan's protest had been withdrawn. Richard Ziock, 207 Myrtle, spoke in favor of the rezoning. Ziock addressed the concern over increased density expressed by Baker at an earlier meeting. Moved by Scott to approve Z-8306. Seconded by Baker. Scott verified that the density of the area was still within the R3A limits. Horton questioned whether the frontage issue had been resolved. Franklin iSi - MICROFILMED BY f.JORM MICROLAB CEDAR RAPIDS- DES�MOINES - //6 G J `-1 I PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 2 explained that a variance or the designation Officially approved place" would be building Permit, of the private needed prior to the issuancet°ps an The motion carried 4- any 1; Baker voted no. Z 8307• Public discussion of an application submitted by Max Selzer for the rezontnq from C2 to R3A or CBS of propert day limitation period: waived, Y located at 624 S. Gilbert Street; 45- Franklin referred to a Don Gray and written by letter, dated April 29, 1983 was satisfied with thMerritt Van Lier received May recovery statement made of DEQ. Franklin stated that983, from thestaff action °Perations by June 1, 1989, in dtrhecletter regarding the completion of could o the merits of the rezoning Commission'Srd Of Seward that the Commission take concerns regarding the Cit asked Boyle if the Co when rezoning garding health y Council. Boyle stated that g and the City Council should be nd safety are two that the Informed, factors to consider Max Selzer, 4 Wellesley Wa Commission y, he spoke oninavor Of the rezoning. Selzer urged that date for Proceed with the completion of recovery operationsshouldt the anticipated June lst option. Scott stated not effect his purchase about approving that, while he approved it with the saty ssues pendia°ning to R3A, he was hesitant for delaying approval until the recovery operations if the motion could g he stated a preference suggested that such be contingent upon are completed. Seward suggested forwarding a separate could P the completion of recoveryasked final P constitute conditional zoning * Boyle final action on the rezoning only recommendation to the c Seward Boyle indicated that word!nsatisfacto Council recommending 9 would be completion of the recovery The members discussed their acceptable. the completion of recovery r concerns regarding g the rezoning Prior to Blank. Scott indicated that a rezoningfrom C2 to the City Council not a he wold °f in Z-8307 R3A. Seconded by clean-up o erations Were Completed, the rezoning euntilavorthe and further recommend that u P rezonin the DE completed, Q had certified that the The motion passed 3 - that 4 votes of the 2' Horton and Baker any rezoning, Commission voted no. Because motion to g' Baker moved to are required by Commission by-laws t was Pointed out reconsider carried unanimously the motion. for Seconded b action on Moved by Scott to defer item Z-8307 until the May y Horton. The by Horton. Y 19, 1983, meeting, Seconded Seward commented that he wished to see both the rezoning request kept active on the agenda and discucontamination issue and the ssed further. 1, MICROFILMED BY 1,q `JORM MICROLAB ; CEDAR RAPIDS -DES MOINES 1146 PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 3 The motion to defer carried 4-1; Baker voted no. Z-8308. Public discussion of an application submitted by Hillcrest Family Services for an amendment to the zoning ordinance to permit group care facilities in R3, R3A, and R38 zones; 45 day limitation period: 5/9/83. Seward referred to the Zoning Code Interpretation Panel's memo dated April 22, 1983. Seward stated that the applicant had waived the 45 day limitation and had asked for a deferral to May 19, 1983. Moved by Horton to defer item Z-8308 to the May 19, 1983 meeting. Seconded by Scott. Scott stated that he had problems with the conclusions reached by the Zoning Code Interpretation Panel, expressing concern with the lack of a public hearing process. Seward stated that the Commission could define group homes or request that the Board of Adjustment review the Zoning Code Interpretation Panel's interpretation. Lacking any Commission action, Scott stated that he might pursue this matter on his own. The motion carried 4-1; Scott voted no. SUBDIVISION ITEMS: S-8308. Public discussion of an application submitted by Plum Grove Acres for approval of a preliminary subdivision plat for approximately 6.12 acres between Scott Boulevard and Peterson Street extended; 45 -day limitation period: 5/23/83. Franklin reviewed the staff report, stating that all deficiencies except those pertaining to Peterson Street and the provision of stormwater detention calculations had been corrected. Staff recommended denial based on the lack of adequate sewer capacity downstream, on the subdivision plat design and on the potential for a request for access off of Scott Boulevard on Lot 9. Bruce Glasgow, 834 N. Johnson, representing Plum Grove Acres, Inc., spoke in support of the application. Glasgow argued that a developer has neither the right nor duty to improve a City street, referring to Peterson Street extended, and was not bound to provide stormwater detention calculations on a preliminary plat. And, Glasgow questioned why the subdivision application was not denied at the City Clerk's Office prior to a filing fee if it was going to be rejected automatically due to the east side sewer problems. Franklin concurred that the planning staff does not feel storm water calculations are required with the preliminary plat. Regarding Peterson Street, Franklin commented that an alternative plan submitted by the developer incorporating a loop street and 11 lots would be a more efficient use of the land, but would require the vacation of Peterson Street. Glasgow commented that he would be willing to pay $1.00 to the City for the Peterson Street right- of-way from Arbor Drive south to City property. $1.00 was the amount the City paid him for the land a number of years ago. Ki ! MICROFILMED BY k 'JORM MICROLAB ! CEDAR RAPIDS -DES MOINES J PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 4 Seward, Blank and Baker agreed that a better subdivision would result from the vacation of Peterson Street, and they would favor that. Scott stated that the Commission's recommendation either for or against the subdivision should address the sewer problems and additional development on the east side. Baker stated that he was comfortable denying this application based on reservations regarding access and the sewer problems. Blank stated that the City Council should be forced to formulate a policy regarding the sewer problem and east side development. Moved by Scott to approve 5-8308. Seconded by Baker. Scott stated that it was unfair to potential developers and to this Commission for the City Council to allow the sewer surcharge problem and its resulting impact on East Side Development to go unanswered. Scott said that he wanted his recommendation to the City Council to deny this subdivision to be based on the inability to sewer the east side adequately. And further, that such denial should be applied to other developments in the east side of Iowa City, excepting those covered by prior contractual agreements. Seward asked if the members could support the merits of this particular plat should a policy statement not be made by the City Council. Scott stated that he had fewer reservations about the merits of the plat. The motion to approve 5-8308 failed unanimously. Moved by Baker to deny 5-8308. Seconded by Horton. Scott requested that the minutes show that his intended vote to deny was based oCity n the sewer constraint issue. Blank agreed. Scott further stated that if the problem,Council set a or if they vote to apeither fas to prove this plat, policy feels nthey willehaver sentga message to the Planning and Zoning Commission. Seward reiterated his concerns With the design of the plat. He stated that his vote for denial will be based on these design considerations as well as on the sewer issue. Baker amended his motion as follows: Move to recommend denial based on the lack of adequate sewer capacity in the downstream system. Seconded by Horton. The amended motion carried unanimously. Baker left at this point. 5-8309. Public discussion of an application submitted by Blooming Prairie Warehouse, Inc. for approval of a preliminary and final large scale non- residential development plan for 6 acres in the BDI Industrial Park; 45 -day limitation period: 5/20/83. Knight referred to his memo dated May 5, 1983, concerning agreements with BDI regarding sewer and previously approved plats. Knight stated that all deficiencies and discrepancies had been corrected. The staff recommended approval. Seward asked if the agreements specified certain time limits for development and if the City was obligated to allow development. Knight explained the terms of the agreement noting that the agreement guaranteed BDI a certain proportion of 1; i MICROFILMED BY :JORM MICROLAB ` CEDAR RAPIDS -DES MOINES r _j 11 S PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 5 the capacity in the lift station. He also stressed the fact that this property was already platted. There was no public discussion. Moved by Scott to approve S-8309. Seconded by Blank. Seward commented an the difficulties created by the Commission's lack of knowledge of outstanding commitments by the City to developers on the east side. Franklin stated that a synopsis of these agreements has been compiled and would be distributed to the Commission. Scott questioned BDI's contractual agreement with the City and whether it had any time limitations. Franklin stated that it did not. The motion carried unanimously. S-8310. Public discussion of an application submitted by First National Bank of Muscatine for approval of a preliminary and final subdivision plat, Aspen Lake Part 2, for 4.75 acres at the intersection of Westwinds Drive and Roberts Road; 45 -day limitation period: 6/1/83. 1 Knight indicated that revised plans had been submitted and all deficiencies were corrected. Staff recommended approval subject to the final approval of legal papers. i The applicants attorney, Dell Richard of 150 E. Court Street spoke in favor of the application. Moved by Blan to approved S-8310 subject to final approval fo the legal papers. Seconded by Horton. The motion carried unanimously. S-8311. Public discusson of an application submitted ty Dynevor for approval of an amended preliminary and final subdivision plat and PAD/LSRD plan for 30.65 acres south of Ty'n Cate Parts 1 and 2; 45 -day Imitation period: 6/3/83. Knight stated that all deficiencies except those regarding legal papers and a question about design standards had been corrected. Larry Schnittjer, MMS Consultant, addressed staff's concern over the proposed zero lot line development portion. Scott stated a preference for deferring this item so that the design problems could be resolved prior to the Commission voting. Seward and Horton agreed. Moved by Scott to defer S-8311 to the May 19, 1983 meeting. Seconded by Horton. The motion carried unanimously. OTHER BUSINESS: Planning and Zoning Commission information. A letter was received from Larry Rigler, 2727 Rochester, requesting the rezoning of 521 Kirkwood from M1 to R3. G ( MICROFILMED BY j ?� 'JORM MICROLAB III CEDAR RAPIDS•DES*MOINES 7r i PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 6 Larry Rigler, 2727 Rochester, expressed a formal request to withdraw his RM20 rezoning request, stating that a new application for rezoning will be submitted. The meeting adjourned at 9:08 PM. Taken by: Sara ehr21%:LL Min Approved by: Horst Jordan, Secyletary r MICROFILMED BY I �JORM MICROLAB I r. 'CEDAR RAPIDS•'DES'MOINES*� I Vl PLANNING & ZONING COMMISSION MAY 5, 1983 PAGE 6 Larry Rigler, 2727 Rochester, expressed a formal request to withdraw his RM20 rezoning request, stating that a new application for rezoning will be submitted. The meeting adjourned at 9:08 PM. Taken by: Sara ehr21%:LL Min Approved by: Horst Jordan, Secyletary r MICROFILMED BY I �JORM MICROLAB I r. 'CEDAR RAPIDS•'DES'MOINES*� I Til o i MINUTES IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Scott, Jordan, Seward, Jakobsen, Blank MEMBERS ABSENT: Baker, Horton STAFF PRESENT: Knight, Boyle, Franklin RECOhM1ENDATIONS TO CITY COUNCIL: 1. V-8301. That an application submitted by Robert Bender for the vacation of an alley right-of-way from Highway 6 south to the alley between Valley Avenue and Lincoln Avenue be approved (5-0). 2. 5-8311. That an application submitted by Dynevor for approval of an j acreseknowo as Ty'n C efinal Part 3subdivision approved at and ubjectAtoLapprdlval for of legal papers (5-0). r 3. S-8312. That an application submitted by Green Lands Company for approval ' 1 of 'apreliminary and final subdivision plat approximately 1.33 acres be approved and that the preliminary platting requirements be waived (5-0). SUMMARY OF DISCUSSION: s The minutes of April 7 and • 14, 1983, were approved as submitted. There was no public discussion of any item not on the agenda. ZONING ITEMS: 2-8307. Public discussion of an application submitted by Max Selzer for the rezon ng of the property at 624 S. Gilbert Street from C2 to R3A; 45 -day ( limitation period: waived. had met with Moore Oil Company and realtors for the site on that afternoon. Franklin reported that officials from the Department of Environmental Quality i The regional director of DEQ had authorized a shut -down of the well since in his Judgment the pumping procedures had done as much as could ever possibly be done. It was his opinion that any further clean-up of the site would be the responsibility of the developer, whoat f excavation for the the time o foundation would need to evaluate the condition of the soil and replace the would be sending a l contaminated soil as appropriate. Franklin indicated that the regional director etter to the City within the next week stating his evaluation of the situation. i Seward stated that he would consider a motion to defer the item pending receipt of the information from the Department of Environmental Quality. He asked if there was anyone in the audience who wished to speak to the issue. Duane Lacina, real estate agent for Moore Oil Company, recounted the meeting between himself, Ron Moore, and the regional director of DEQ. MICROFILMED BY ?i �JORM MICROLAB I CEDAR RAPIDS•DES'MOINES r • J. IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 2 Seward questioned Franklin as to whether the DEQ would enter the scene again at some future date if a problem occurred. Franklin stated that the regional director of DEQ had indicated that the department had met its obligations to protect the public health and that there was no mechanism for the department to become involved again, aside from a complaint. Jakobsen moved to defer the item to a special meeting on May 26, at which time the Commission should have received a letter from DEQ. Jordan seconded the motion. The motion passed by a vote of 5-0. Z-8308. Public discussion of an application submitted by Hillcrest Family Sees for an amendment to the Zoning Ordinance to permit group care facilities in R3, RNC -20, and R3A zones; 45 -day limitation period: waived. Franklin explained that Hillcrest Family Services had an appeal to the parking regulations before the Board of Adjustment. They had submitted a building permit under the institutional designation and had been denied the permit based on insufficient parking being shown. Scott moved that the item be deferred to June 16; Jakobsen seconded. The motion passed by a vote of 5-0. Z-8309. Public discussion of an application submitted by Larry Rigler for the rezoning of property at 521 Kirkwood Avenue from M1 to R3. Knight presented the staff report pointing out, that the only issue before the Planning & Zoning Commission was whether to rezone the property from M1 to R3. He stated that the R2 zoning designation had been used in the report as a means Of comparison but that consideration here was not between R2 and R3 but between M1 and R3. In presenting an argument for the R3 zoning, he stated that this designation conformed to the comprehensive plan designation for the area of 8-16 dwelling units per acre, that R3 zoning provided an adequate transition between single- family uses to the east and the intensive commercial uses to the west, that the M1 zoning currently on the property was not compatible with the neighborhood, and that R3 zoning was more compatible than M1 zoning. In addressing some of the issues that had been raised by people in the neighborhood, Knight stated that any development of this property would result in some increase in traffic and that it was unreasonable to expect that the property would remain undeveloped. He pointed out that M1 zoning had a greater potential for traffic generation than the proposed R3 zoning. In comparison to R2 zoning, an R3 designation would generate roughly the same amount of traffic since the densities of the two zones are the same. Knight went on to point out that a comparison between R3A zoning and R3 zoning would show that R3 zoning was a far less intense zoning designation. Knight's final comments related to the provision of open space. He stated that the potential for less open space and more lot coverage was higher with R2 and M1 zoning than with R3 zoning. With R2, a road would be required on the lot and a greater amount of building coverage of the lot would necessarily occur. //G6 L'. I MICROFILMED BY 'I !JORM MICROLAB CEDAR RAPIDS•DES MOINES r J I r IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 3 Further, in M1 zoning the only limitations on coverage of the lot would be those of the five foot side, 25 foot rear, and 25 foot front yards. Knight also pointed out that the City's tree ordinance would not be applicable with R2 zoning but would be in effect under R3 zoning. Seward asked for comments from the audience. John Bennett, 909 Webster Street, pointed out the potential threat represented by the rezoning request. He stated that the neighborhood did not want apartment buildings there and that any rezoning of this property to allow apartment buildings would precipitate further rezonings of adjacent property in the neighborhood to multifamily residential use. Bennett felt that this opportunity should be taken to provide for open space in this neighborhood, and that the undeveloped site should be made into a park. David Doerring, 1016 Diana Street, stated that he wished to speak for some 300- 400 households which he had canvassed. He reiterated Bennett's comments relating to the precedent that rezoning to multi -family would set. He stated that the neighborhood provided some of the only low-cost housing in the city and that there was no replacement for this housing if it were to fall to apartments. In regard to any increase in traffic, Doerring felt that single-family and R2 development would generate less traffic. He also favored R2 zoning, stating that this sort of development was occupied by a different sort of people than those who live in apartment buildings, and that if there were problems such as noise and over -occupancy in a development, it was easier to determine the source of the problem in an R2 development than in a multiple structure where the residents were less spread out. Susan Horowitz, 1129 Kirkwood Avenue, reiterated the concern for neighborhood integrity. She expressed concern for the increate in traffic which would be felt on Kirkwood as a result of multi -family construction at this site and on j Dodge Street south of Bowery. She favored zoning the property as a park or single-family residential. Diana Robesky, 1103 Marcy, commented on the traffic problems on Kirkwood Avenue. She felt that this neighborhood provided a place within Iowa City for people with young children. Barbara Marland, 707 Walnut Street, expressed her concern over the traffic on Kirkwood and the negative effect apartments would have on the neighborhood. Jinx Davison, 924 Walnut Street, commented on some of the amenities of the neighborhood. She stated that she appreciated the mixed nature of the neighborhood and was concerned that changes were taking place. She observed an increase in the number of absentee landlords, which she felt made it easier for a transition to occur from single-family to multi -family. Elaine Broding, 721 Kirkwood, stated that she had chosen Kirkwood Avenue as a place to live because there were no apartment buildings there. Douglas Janes, 1136 Franklin Street, commented on the availability of low-cost single-family housing. He stated that this was one of the rare neighborhoods where there was such housing and where there was some character to the j MICROFILMED BY 1� ;JORM MICRO_ LAB I CEDAR RAPIDS- D ES I40INES r //o --1 IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 4 neighborhood and the quality of being a neighborhood. He stated that he did not feelthat commercial development would threaten the neighborhood as much as multi -family development. Pat Gilpin, 710 Diana Court, stated that he appreciated the decrease from RNC -20 to R3 but the change was not significant enough. His preference was for R2 or RS8. He felt this designation was consistent with the present zoning and land use and more compatible with the neighborhood. He stated that even if more trees were cut down a would prefer R2. Gilpin felt there were other places in town which were more appropriate for apartments and pointed out that this neighborhood had no apartments in it yet. Marie Ferguson, 618 Walnut Street, stated that she was a tenant and that her landlord had indicated that the properties he owned north of Kirkwood and south of the railroad tracks might be developed for multi -family residential, depending upon the outcome of this zoning decision. John Seward pointed out that the issue before the Commission was the rezoning of this property from M1 to R3. He also stated that theinance and the proposed zoning ordinance indicated single-family residential for the current zoning ord remainder of the neighborhood. He referred to the Comprehensive Plan Update in which the entire neighborhood was designated for single-family or duplex development and indicated that there designation. was no intention of changing this Knight pointed out the distinctions between the property at 521 Kirkwood Avenue and other properties in the neighborhood. He stated that 521 Kirkwood was noted currently zoned M1 and was being evaluated for downzoning to residential. He expressed concern ther were currently zoned forerties in the eaglower density residentiabout which al use had and that to make them multi -family would require zoning to a more intense use. He assured the people in the audience that the current staff and Commission would be opposed to such a rezoning. Seward reiterated the fact that the Commission and staff rely on the Comprehensive Plan to make decisions regarding zoning. David Doerring questioned the reliabilission and staff ity of these assurances since plans are change. Jaobsen briefly various nings which hade etaken Place inkthe past on he north iside and on Governor and Bowery Streets, and pointed out that these past decisions had been honored by subsequent Commissioners. Jinx Davison questioned what was happening on Page Street and requested assurance that the area would not be rezoned to multi -family residential. Knight stated that the area had already been subdividerd into individual lots for duplexes. Pat Gilpin admonished the Commission to remove any temptation for future bodies to rezone for apartments or for developers to build apartments by keeping out any apartments in the first place. 709 waslever8zonedtcommercialaanduWhy thestioned zoning couldthe notrjusttbe Knight responded that the M1 zoning was the starting point Commission had to work. r - 1, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES at 521 Kirkwood changed to R2. from which the //G6 IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 5 George Ruppert, 823 Webster Street (represented by Barbara Marland), expressed concern for the lack of park space in the neighborhood and the increase in use of Oak Grove Park by residents of multi -family dwellings north of the railroad tracks. Marland went on to request that the Commission consider recreational areas and reiterated the concern that this neighborhood provided one of the few affordable pockets of housing. Jim Grifhorst 1314 Carol Street, reiterated a concern for the integrity of the neighborhood. Margaret Nowysz, 1025 River Street, pointed out that at one point a park had been shown in the 1978 Comprehensive Plan on Johnson Street. She stated that this park had been lost by construction of apartment buildings in the inner city area. Nowysz felt that this was an appropriate time to look at a park in this area again. Joel Horowitz, 1129 Kirkwood Avenue, expressed reservations with the concept that a comprehensive plan and zoning ordinance could give any assurances. He requested that the Commission resist the change to multi -family now while the situation was still manageable. L David Ooerring for Evelyn Baumgartner, 516 Kirkwood, expressed concern over the possibility for further rezonings in the future. He noted that for this rezoning the sign and hadbeen knockeposted oproperty dinitially ddownseveraltimesandthatitwas incorrect to know what was going on. Seward asked if there were any more comments from the public. Seeing none he explained the question before the Commission was the rezoning from M1 to R3 and that the Commission's options were to act on the item or to defer it. He pointed out that the Commission usually considers rezonings for two meetings, but that this item had been before the Commission at two previous public meetings. Blank questioned what the options were for the developer under M1. It was pointed out that a range of uses from approximately 15 multi -family residential units to light industrial uses were possible. Jacobsen moved that the Commission recommend approval of the rezoning request from M1 to R3; Jordan seconded the motion. Barbara Marland requested that the item be deferred until Larry Baker and Loren Horton could listen to the tapes of the meeting. John Bennett asked how one could get R2 zoning. Knight explained that the oncouldlicant illconvince neighbors iloetition fzing or theneghborscoudtry do the CiyCouncltinitiate an R2 zoning request. Mr. Bennett requested that the rezoning be deferred until the neighbors had taken the issue of R2 zoning to the City Council. Jakobsen and Jordan withdrew their motion. Si MICROFILMED BY ..JORM MICROLAB t CEDAR RAPIDS•DES'I401NE5 1( J 11 IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 6 Blank moved to defer the item until June 2, 1983; Jacobsen seconded. Jacobsen expressed her reluctance to defer the item. Knight questioned Boyle regarding the legality of considering two rezonings at once. Boyle stated that this was a possible procedure. Blank stated that she felt that the public needed more education on the procedures which were necessary to make changes in zoning. Jakobsen pointed out that even if the Council sent a recommendation back to Planning & Zoning to look at R2 zoning and the Commission recommended to Council R2 zoning but the owner did not agree with the R2 zoning, the Council would need an extraordinary majority vote to approve that rezoning. The motion carried 5-0. The meeting recessed for five minutes. VACATION ITEMS: V-8301. Public discussion of an application submitted by Robert Bender for the vacat on of an alley right-of-way from Highway 6 south to the alley between Valley Avenue and Lincoln Avenue. Knight lained that staff recommended that the vacation be approvedrty owners had objected and. i Jakobsen recommended that the vacation item be approved; Scott seconded. There was no discussion and the motion carried 5-0. SUBDIVISION S-8311. Public discussion of an application submitted by Dynevor for approval 07 an amended preliminary and final subdivision plat and PAD/LSRD plan for 30.65 acres south of Ty'n Cae Parts 1 and 2; 45 -day limitation period: 6/3/83. Knight explained that the deficiencies and discrepancies noted in the staff report had been corrected. He stated that the issue of design standards was not resolved because no adequate means of putting the design concerns into writing had been found. He noted that it was in the developer's best interest to i carefully control development to insure the future marketability of remaining lots. Jakobsen questioned whether there was a minimum square footage in the covenants. Knight stated that there was not but that of course the zone densities held. Blank moved that the application be approved subject to approval of legal papers; Scott seconded. The motion carried 5-0. S-8312. Public discussion of an application submitted by Green Lands Company for approval of the preliminary and final subdivision plat of approximately 1.33 acres north of Court Street between Seventh Avenue and Morningside Drive; 45 -day limitation period 6/9/83; 60 -day limitation period: 6/24/83. I MICROFILMED BY 10' JORM MICROLAB CEDAR RAPIDS -DES 1401NES J 0 IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 7 Franklin explained that this subdivision was to clear title to three parcels of land owned by three different individuals. She pointed out that the applicant had requested a waiver of the preliminary plat requirements. Jakobsen moved that the application be approved subject to a waiver of the preliminary platting requirements; Jordan seconded. The motion carried 5-0. 5-8313. Public discussion of an application submitted by B&S Properties for approval of a preliminary and final subdivision plat for South Side Addition, .96 acres south of Highway 1 west; 45 -day limitation period: 6/19/83; 60 -day limitation period: 7/4/83. Knight explained that the development met all requirements of the Subdivision Code, but that several zoning issues existed. He stated that there was an appeal to the Zoning Code Interpretation Panel regarding the definition of a lot and the required frontage for commercial property by the owner of the propety labelled as "not in subdivision." He recommended that the item be deferred untot 3 theil the buildinpanel decision. iet on to Point out on building on the lot was otfarenoughfromthe property line; inta C2Lzone buildings were required to be either zero or five feet from the property line to allow for maintenance and proper fire protection. He stated that since these were existing property lines there was not much that could be done to rectify the situation. Scott questioned what use was on the lot to the south. Knight responded that it was Commercial Decorators. Seward asked whether that property had any frontage and Knight stated that it did not. Charles Mullen, attorney for Commercial Decorators, the property to the south, expressed his client's concern regarding this subdivision. He stated that the existing buildings were too close to the property line and imposed a limit on what Commercial Decorators could do with their property. He also explained that there was a drainage problem which occurred from the property to the north draining to the property to the south. Mullen requested that the Commission defer the application or require the property owner to comply with stormwater management detention. Mullen also stated that Butler Plumbing and Comercial Decorators were served by the same access easement. He felt that the solution to this issue was to designate the easement area as an officially approved place. Mullen went on to suggest that there might be insufficient parking on one of the lots being subdivided. John Sladek, attorney for B&S Properties, stated that Davis who owned the property had done everything to comply with City regulations. Sladek gave an explanation of the history of the conveyance of the properties. He went on to point out that the .99 feet between the building and the property line was as close as one could get during construction to the property line and that 4.65 feet was close enough to five feet to make little difference and indicated an intent to comply. In regard to the easement problem, he stated that Mr. Butler wished Mr. Davis to give Butler property rights so that Butler could meet zoning ordinance requirements. He pointed out that Butler wished a gift of Davis and did not offer to purchase the property. Sladek stated that his clients felt that the neighbors to the south were attempting to stop the development. He questioned whether the interpretation of the Zoning Code Interpretation Panel would change the status of the subdivision. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS- DES' MOINES I r• ■ IOWA CITY PLANNING & ZONING COMMISSION MAY 19, 1983 PAGE 8 Sladek went on to point out that any drainage problems were not the the Planning & Zoning Commission but should be taken care of in court. questioned the status of the easement. Sladek stated that it was purview of easement which would expire if the Cit Seward stated that the easement went all the way a 25 foot put in a street to the west. He Knight Y Commercial Decorators' property. Knight pointed thhat action on this item was an Option but that the He stated that at least one dlotl�n�thelsubon divisiion had an acriod so that cess problem Possible Is a zoning problem created by the subdivider and owner. Jakobsen questioned Boyle as to whether the Co subdivision which was substantially and had had the power otherto previously created problems. Boyle stated thatathe Co noems deny a power. Knight questioned whether access was mmission did not have that subdivision process. Boyle indicated a legitimate litigated in the Oakes Meadow case involvingtththe question under the upheld b access question had been y the courts. Y of Iowa City and had been Seward requested a motion to defer. Jordan moved to defer the item; Jakobsen seconded. The motion carried 5-0. Seward asked if any of the Commissioners had any information to relay. being none the meeting adjourned at 10:15 p.m. Minutes submitted by K There Approved by: Hors ordan, Secr 4i✓ MICROFILMED BY ,JORM MICROLAB CEDAR RAPIDS -DES .MOINES r //�G _J MINUTES PARKS AND RECREATION COMMISSION June 8, 1983 MEMBER -SENT: Crum, Jennings, Martin, Mitchell, Riddle, Willis, Wooldrik MEMBERS Dean STAFF PRESENT: Showalter, Howell, Ackerman, Crutchfield, Ray GUESTS PRESENT: Joan Bickel, Carol Bream, Bill Casey, Audrey Chanen, Gail A.tLakin,dGeorgeHall Nagle, AnneePi{nkerton,I Steve WietingJean RECOMMENDATIONS TO THE CITY COUNCIL Mov y Wool dri * elalsidigOrum ahny money tthe feouitmthe sae of CentrJunorHhShouldbeearmarkedfor aspeciiccomny recreation facility. Unanimous. RECOMMENDATIONS TO THE STAFF Moved by Mitchell, seconded by Martin to recommend to the staff a one-year trial change of Center pool hours for summer 1983, Monday- Swim Club Friday: 5:30-6:25 a.m.; early bird adult swim 6:30-8:00 a.m.; Swi Unanimous. m Club 4:30-6:00 C p.m. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN The minutes of the May 7, May 18, and May 26 Y meetings were approved as written. Several guests spoke to request additional adult hours at the Center pool this summer. The regular summer adult hours are 11:05 a.m. to 1:00 Friday and 9:00-10:00 P.M. Tuesday, Thursday, and Friday. adult hours during the fall, winter, and spring: 6:30-8:00 hemp Monare ay man d Wednesday; 9:00 a.m. to 1:00 There are many more Thursday, and Friday. With them additionalrnumbersnof9lap swimmers as well as the closing of the Fieldhouse pool, the Center pool has been quite over -crowded. A petition was circulated to add adult hours; about 85 persons signed. Swim Club now uses the pool 5:30-8:00 a.m. during the summer, plus morning hours at City Park pool. Martin suggested giving Swim Club the hours of 4:30-6:00 and p.m, use the p.m, ime.lswim 30This00wasmwellnreceivedab Swim Club could also , lap swimmers. After discussion it was moved oth Club and the y Mitchel to recommend to the staff a one-year trial change of Center pool hoursMforin summer 1983, Monday -Friday: 6:3rSwim Club 5:30-6:25 a.m.; early bird adult swim hoursBweekdays�fromSwimPC00bg4:30-66:0000-4:30 Unanimous. This will cut public swim reminded the Cormnission that they are an advisorynbody00and OthatanyWillis decision must come from the staff. A final decision regarding pool hour changes will 6e made by Neal Berlin. Darlene Henderson, Lakeside Apts. HACAP manager, requested aid in organizing a youth program at Lakeside. Funds for such a program were appropriated last MICROFILMED BY :.DORM MICROLAB CEDAR RAPIDS -DES 1401NES ff J - Parks and Recreation Commission June 8, 1983 Minutes, Page 2 summer, but were not used and may be lost if not used by June 30. said there are facilities as well as an Olympic -sized pool at Lakeside which Henderson they would like to utilize, and asked about the possibility of a Recreation staff person organizing and carrying out the program. Showalter replied that we need to consider whether we want to operate this type of program on private property. Wooldrik suggested that the children could attend the Grant Wood School playground program. After discussion, Showalter suggested that Henderson get definite information about the funds being available, and that she meet with him and the Recreation program supervisors on Friday, June 10, at 9:00 a.m, to see what might be offered. COMMITTEE REPORTS Willis reported that the Riverfront Commission had walked the proposed Napoleon Park trail. There were lots of bugs, and also some trash. The nature aspect of this park is very small: in some places the river is not visible from the trail, and the plant life is quite average. Willis felt he couldn't recomm spending funds there. end 1 Jennings reported that the committee on proposed policy directions for the Recreation Division had submitted their recommendations to Neal Berlin on June 3. Berlin will recommend that the Commission meet with Al Cassady shortly after he arrives. DIRECTOR'S j Showalter reported that the city was not chosen for funding of the Napoleon g Park restroom project by the Land and Water Conservation Fund. The entire state Of Iowa, including all municipalities and counties, received a total of only $488,000. Funding will be requested through the Optimist Clubs and possibly 5 other service organizations. CHAIR REPORT Riddle expressed his feelings that we need to let the Council and others know that we need money - that our facilities and programs are lacking because of shortage of funds. OTHER_ BUSINESS Willis asked about proceeds from the hotel/motel tax. Showalter stated that the tax went into effect April 1, and that state law requires that 50% of any proceeds weoshouldtoward considerrecreation requestingtourism $20,000 ofmtheseefunds foalso 99theed that Napoleon Park restroom project. The proposed sale of Central Junior High was discussed. Wooldrik suggested that any money that the city receives be channeled into a specific recreation facility, and not just put into the general fund. After discussion it was moved by Wooldrik, seconded by Crum that any money that the city derives from the sale of Central Junior High should be earmarked for a specific recreation facility. Unanimous. Wooldrik asked about progress on the golf tournament. Showalter responded that he had written a memo to Berlin requesting that he request a Saturday //G 6A G HICROFILMED BY I t? '.JORM MICROLAB ! CEDAR RAPIDS -DES :401NES r 4 Parks and Recreation Commission June 8, 1983 Minutes, Page 3 date for Finkbine, suggesting one-half day to be set aside for us. Crum asked about the condition of the Mercer Park ball diamonds, sa in it doesn't take much rain to cancel games. Ra is very Poor and that that there is a y responded that the soil there Of soil -sand mix was serious drainage problbm. Last fall 30 tons about putting chain link fencingdaround sthe diamonds. Showalter said that there were funds to do that in 1978, but the Council ,would of approve t has helped. nthe p asked New lighting for diamond d1 should be considered because of safety. project. Moved by Crum, seconded by Mitchell to adjourn, 8:55 p.m, MICROFILMED BY I :JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES' r I=