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Home My WebLink About1976-08-31 CorrespondenceAUG 2 0 1976 ;�BBIE STOLFUS evs V, ,c o«Yrr<Yy pen / �ti �'"" s ✓ 6 �P / 119 /r.✓✓ 4" / pu 1 Aho J6r�% lteLC �r O✓/ji a !Ac% cf tel tit✓v e��. �cd Ery � �.�✓l ct'f''-/'J✓` fC��-x-/ A,. ai w / 1 ✓Cf i� •✓r✓ Guy✓ y A f e -i •f �"� i✓ r + ma c b i N- n7 a iI'1 �eZ ✓� re �Je Al h7�k` %'vD ''��✓J�r�'�'� �" KJG�f 'i�-C- ma-�ai� ,.. VJ �� 1,J�rcd � �� .n ho✓ �t}e e C✓S mow.. y,_ D-lher Sh'tC 7r Yh DhA' • like � e d 7NIJ add,'c-d baa., y�w,cers Grp LSa �,tt- yo✓ �Qli' .(✓CN Deck DYI t bOVIC- ON CA//I' ��'�P� Oo✓Id re is lv✓ o ✓ � � H r ; ats...�'f� •o �. - 5 W I G Cr 74A. L' yj✓ y N s �; �w C �D14 s ...Loin � I l 'V�� n �, 11 ., • STAFF REPORT Planning and Zoning Commission August 5, 1976 SUBJECT: Z-7609. Application submitted by Bryn Mawr Heights and Company to rezone a tract of land from R1A to R2, R3, and Cl, lcated IB south of proposed subdivision Bryn Mawr Heights, PartR8, and immediately north of the south corporate limits of Iowa City. Date filed: 7/2/76. 45 -day limitation: 8/16/76. The request area of approximately 34.04 acres is undeveloped and zoned RIA. The main physical featu re of the area is the gently rolling topography. This area is highly suitable for urban development. The major land use in the surrounding area is predominantly residential and commercial in character. The proposed subdivision, Bryn Mawr Heights, Part 8 (20.3 acres) is located immediately north of the request area. The aforementioned subdivision has been requested for rezoning from R1A to RIB. The proposed addition is also an integral part of a large scale development plan, for the area. Existing single family residences zoned RIB are found to the east of the request area. Land presently occupied by commercial uses abuts the request area to the south. These commercial establishments, although located just outside the Iowa City limits, serve the general Iowa City community as well as the traveling public using Highway 1. There are two major constraints of the proposed rezoning request. The first major constraint is the location of proposed R2 and R3 residential zoned land adjacent to property to be designated in a Cl (commercial) category. Residential areas should not be located next to commercial areas without adequate controls providing for protection of adjacent residential areas. The proposed Cl zoning would allow for the development of a variety of general commercial uses suitable for convenience to the neighborhood. The location of these uses next to residential areas may be desirable provided that adequate guidelines are established for the develop- ment and placement of such activities. General zonal regulations do not provide this assurance. The Southwest Area Study prepared by staff in 1969 indicated that existing commercial areas -- including the potential commercial center planned for the 15 -acre area zoned CH near Benton Street and Mormon Trek Boulevard - are adequate to serve the ultimate anticipated population of the subject area and the general vicinity. The report also recommended that no additional land is needed for commercial use in or near the subject area. A major concern of the staff is whether commercial development is needed for the subject area, if the proposed location is desirable, and what type of commercial use should be allowed in the request area when it develops. Large commercial space in the area cannot be supported competitively if other proposed commercial areas are developed. A neighborhood convenience �ya3 0 -'- center providing for daily household needs may be desirable if development is sufficiently large enough to support such a use. This facility usually requires an area of about 1.5 to 4.0 acres. The most desirable location for convenience centers is on an arterial street at the intersection of a collector street. The proposed commercial sites as illustrated on the rezoning map is consistent with the previously mentioned size and location standards for neighborhood convenience centers. Residential areas should be protected from depreciation of property value resulting from commercial over -zoning and even from the intrusion of desirable commercial uses. In this regard, the City should allow for the development of only planned and integrated commercial areas. This can best be accomplished through the use of the planned commercial zone (PC Zone) as specified in Chapter 8.10 of the Iowa City Zoning Code or via a planned area development. The second major constraint of the rezoning request is that the proposed rezoning does not provide for the most desirable zoning pattern and develop- ment scheme. The rezoning proposals do provide for transitional or step- down zoning. This type of zoning is acceptable as a means for insulating sharp changes in land use. The use of transitional zoning for new large scale developments, however, may allow for random and unplanned development rather than a pattern of development thoughtfully formulated in the interest of the community. As mentioned before, traditional zonal regulations do not provide the City with development controls that will ensure that future development will occur in a desirable manner appropriate to community needs. The staff encourages the use of "Planned Area Development" for the planning and development of the subject area. The previously mentioned Southwest Development Study also recommended the use of PAD's for the development of the subject area and its immediate vicinity. The report further suggested that multi -family development be permitted in the aforementioned only through a PAD and at a density of RIB. STAFF RECOMMENDATION: Based upon the above analysis, the staff recommends that the rezoning request be denied. STAFF Proper zoning of commercial or COMMENT: business areas is a subject of considerable debate. Perhaps the worst fault of many early zoning ordinances was the practice of over -zoning for stores and other business uses. Property owners had the idea that if their land was so zoned, they would be developed for commercial purposes and would be more valuable as a consequence. City officials felt that the best use that could be made of the frontage of all major thoroughfares and some of the 0 -3- Is minor ones was for businesses; civic boosters urged that plenty of space be left for business expansion. The net effect was the creation of run down slum areas, since large areas were zoned for business and the adjacent land was sterilized, inhibiting productive use. No property owner would spend much to improve residential property in an area zoned for business, due to lack of protection against his neighborhood. Only about 2-5% of the total developed area of an average city is devoted to commercial uses. This amount is divided among the central business district, neighborhood shopping centers and other areas scattered throughout the city.while all off-street parking requirements for new commercial centers will raise the total space requirements somewhat, close examination should be given to any zoning ordinance that provides a markedly greater amount of land for commercial purposes than S% of the total. Possible the greatest problem in commercial zoning today is the location of neighborhood and community shopping centers. Due to the success of some of these centers a boom has developed and many real estate developers are eager to follow the trend. From a planning point of view, there is frequently no basis for choice between a number of locations for a shopping center. At the same time, it is obvious that even complete services of all natural trade area would not furnish enough business to support a center at every possible location. Several partially developed centers in fierce competition with one another will not be so desirable for the community as one or two thriving centers. It is difficult to designate in advance any specific location as the only shopping center district, because this amounts to giving the lucky property owner a monopoly. The city can resolve this dilemma by spelling out in its ordinance the conditions under which an area will be rezoned for shopping center purposes and by placing the burden on the applicant to demonstrate that his tract meets these conditions. LEGAL DESCIWIONS FOR PARCELS TO BE SONED IN BRYN MAVJR HEIGHTS, IOWA CITY, IOWA JUL6 1976 � rku51E STOLFI PARCEL #1 R1A to R-3 CITY CLERK Commencing at the southwest corner of Section 16, T79N, R6W of the 5w P.M., Johnson County, Iowa, thence N 47° 10' 21" E, 118.70 feet to the point of beginning; thence N 320 34' 40" W, 280.45 feet; thence N 630 85' 20" E, 128.81 feet; thence N 720 05' 20" E, 50.0 feet; thence S 30° 34' /+0" E, 223.60 feet; thence S 47° 10' 21" W, 171.37 feet to the point of beginning. Said parcel containing 1.01 acres more or less. PARCEL #2 R1A to C-1 Commencing at the southwest corner of Section 16, T79N, R6W of the 5th P.M., Johnson County, Iowa; thence N 470 10' 21" E, 46.10 feet to the point of beginning, thence N 871 28' 01" W, 676.56 feet; thence N 20 05' 20" E, 2�'V7n6.69 feet; thence S 87° 54' 40" E, 568.44 Y feet; thence S 320 34' " E, 280.45 feet; thence S 47* 10' 21" W, 72.60 feet to the point of beginning. Said parcel containing 4.22 acres more or less. PARCEL #3 R1A to R-3 Commencing at the southwest corner of Section 16, T79N9 R6W of the 5u P.M., Johnson County, Iowa; thence N 47° 10' 21" E, 46.10 feet; thence N 871 28' Ol" W, 676.56 feet to the point of beginning; thence N 870 28' O1" W, 685.91 feet; thence N 20 16' 34" E, 271.37 feet; thence S 87' 54' 40" E, 685.00 feet; thence S 21 05' 20" W, 276.69 feet to the point of beginning. Said parcel containing 4.31 acres more or less. PARCEL # 4 R1A to R-2 Commencing at the southwest corner of Section 162 T79N, R6W of the 5th P.M., Johnson County, Iowa; thence N 470 10' 21" E, 46.10 feet; thence N 87° 28' 01" W, 676.56 feet; thence N 2* 05' 20" E, 276.69 feet; thence N 870 54' 40" W to the point of beginning; thence N 870 54' 40" W, 605.33 feet; thence N 20 16' 34" E, 100.0 feet; thence S 870 54' 40" E, 605.0 feet; thence S 20 05' 20" W, 100.0 feet to the point of beginning. Said parcel containing 1.39 acres more or less. PARCEL #5 RlA to R-3 Commencing at the southwest corner of Section 16, T79N, R6W of the 5th P.M., Johnson County, Iowa; thence N 470 10' 21" E, 46.10 feet; thence N 870 28' O1" W, 676.56 feet; thence N 20 05' 20" E, 276.69 feet to the point of beginning; thence N 870 54' 40" W, 79.67 feet; thence N 2° 05' 20" E, 120.0 feet; thence S 870 54' 40" E, 593.0 feet; thence S 220 34' 40" E, 132.05 feet; thence N 870 54' 40" W, 648.11 feet to the point of beginning. Said tract containing 1.71 N acres more or less. 0 PARCEL #6 ------ R1A to R-2 Commencing at the southwest corner of Section 16, T79N, R6W of the 51' P.M., Johnson County, Iowa; thence N 470 10' 21" E, 118.70 feet; thence N 32° 34' 40" W, 2.80.45 feet to the point of beginning;thence N 220 34' 40" W, 198.0 feet; thence N 870 54' 40" W, 88.0 fe; thence N 20 05' 20" E, 120.0 feet; thence S 870 54' 40" E, 104.0 feet; thence S 260 54' 40" E, 113.0 feet; thence N 730 25' 20" E, 98.0 feet; thence S 8° 34' 40" E, 174.01 feet; thence S 630 35' 20" W, 128.81 feet to the point of beginning. Said parcel containing o.99 acres more or less. PARCEL #7 RlA to RIB Legal description is on preliminary plat, Part 8, Bryn Mawr Heights Addition. PARCEL #8 R1A to RIB Commencing at the southeast corner of Lot 237, Part 6 Bryn Mawr Heights Addition, Iowa 'City, Iowa; thence S 150 16' 10" W, 554.94 feet to the point of beginning; thence S 150 46' 10" W, 340.94 feet along the west line of Part 2, Bryn Mawr Heights Addition; thence 5 16 S60 13 13' 00" E, 110.00 feet along said west line, Part 2; thence 40 19 E, 368.44 feet to the southwest corner of Lot 89, Part 2, Bryn Mawr Heights Addition; thence N 310 09' 49" W, 214.00 feet; thence S 710 20' 21"W,50.00 feet; thence N 80 34' 4011 E, 174.01 feet; thence S 730 35' 20" W, 98.00 feet; thence N 260 54' 40" W, 113.00 feet; thence N 870 54' 40" W, 104.00 feet; thence S 20 05' 30" W, 120.00 feet; thence S 87° , 40" E, 88.00 feet; thence S 220 34' 40" E, 65.96 feet; thence N 87° 544' 40" W 20.00 feet; thence N 870 54' 40" W " , 593,00 feet; thence S 20 05' 20 W, , 605.00 feet; thence N 2° 16' 34" E, 650.00 feet; thence S 870 54' 40" E, 1195.99 feet; thence S 740 13' 50" E, 292.03 feet to the point of beginning. Said tract containing 20.41 acres more or less. . COMMERCE-, e �} c f 1� e • CIVIC CENTER. 410 E WASHINGTON ST. � t n �i t 1 t 4 W / IOWA CITY. IOWA 52240 s o 319J544000 e i •nww C1aR 10No1� . THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APpOIN,50;r TO THE FOLLOWING CONMITI'EE: 0MITTEE ON W MUNITY NEEDS One vacancy - Unexpired Term October S, 1976 - July 5, 1978 It is the duty of members of the Committee on Community Needs to coordinate communication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of Boards and Commissions must be qualified voters of the City of Iowa City. This appointment will be made at the October S, 1976, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. 02 Iowa City fA\ tj DATE: September 1, 1976 TO: Iowa City Housing Commission Attn: Chairperso FROMn Fredine Branson : Iowa City City Council RE: Ordinance Amending 9.30.2 of Municipal Code At their regular meeting on August 31, 1976, the Iowa City City Council received a proposed amendment to Chapter 9.30.2 of the Municipal Code. This ordinance was referred to the Housing Commission for recommendations. Abbie Stolfus City Clerk /y -As