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HomeMy WebLinkAbout1976-09-28 Bd Comm minutes�-v MINUTES IOWA CITY HOUSING COMMISSION SEPTEMBER 1, 1976 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT- Branson, Fountain, Bouschlicker, Hibbs, Retish, Lombardi MEMBERS ABSENT: Kamath CITY STAFF PRESENT: Seydel, Burke, Rodgers RECOMMENDATIONS TO THE CITY COUNCIL: Recommendation that the City Council defer action on the Ordinance referred to the Housing Commission Ordinance No. 2319, Pending Housing Commission amending SUMMARY OF DISCUSSION: action. order. Chairperson, Fredine Branson, called the meeting to 2. It was moved by Fountain and seconded b that the minutes of July 21, 1976 be approved. unanimously. Y Bouschlicker Motion passed 3• Ordinance referred to the Housing Commission b City Council was discussed. It was moved b seconded by Lombardi that Y Hibbs and y the City Council defer the Housing Commission Commission action on the ordinance recommend the action on the revision of the minimum minimum housining 4. Housing Maintenance 4 code. revision Ho and Occupancy revisionthe minimum housing code s Code. The second Of the Occupancy Code) was discussed thru (Housing Maintenance and remaining chapters is Chapter 9.30.5. Discussion (special meeting)scheduled for September not be distribued It was decided that this evion8sh has been reviewed outside the Housing Commission should draft will and drafted to their satisfactionnti�het then be made to to interested groups for discussion and input prior to resubmission City Council. Parties and to the NEXT MEETING - SEPTEMBER 8, 1976, 8:30 a.m. jl %2,2�-..�. �r�c.�t2sr /6a6 0 LIBRARY BOARD OF TRUSTEES MINUTES OF A SPECIAL MEETING SEPTEMBER 9, 1976 7:30 P.M. DIRECTOR'S OFFICE MEMBERS PRESENT: MEMBERS ABSENT: GUESTS PRESENT: STAFF PRESENT: U Buchan ,�BMooreon' Farber, Kirkman, Newsome Ostedgaard, Richerson Hyman Chamber of Commerce representatives, Keith Kafer, Don Hebert, Jack Ashby, Bob Downer Lolly Eggers The meeting convened at 7: at the request of 46 P.M. President Farber Commerce the executive committee explained, consultant the background of the site °f the Chamber of on Block ' and the reasons study the role of the 64. Discussion followedon ry Board requested a library. Kirkman outlined °n suitable site ing the needs some sites for a public buildin °f the library beforettheBoard's plans for bring - at 8:30 P.M. given for the Chamber membepublic. A tour of the Respectfully submitted, y1Vi�Buc�,ecr)-'_�""�eta-- s. Meeting adjourned FA v 0 MINuTES IOWA CITY PLANNING AND ZONING COMMISSION SEPTEMBER 16, 1976 -- 7:30 P.M. CIVIC CENTER COUNCIL. CIIMIRERS MEMBERS PRESENT: Ogescn, Jakobsen, Cain, Vetter, Blum, Kammermeyer, Lehman STAFF PRESENT: Schmeiser, Child RECOI-94E-NDATIONS TO "11111 CITY COUNCIL: To approve Z-7612, application submitted by American College Testing Program, Inc., for rezoning a tract of land, R1A to ORP, measuring about 48 acres located south of Old Dubuque Road and cast of Highway 01. 2. To approve Z-7615, application submitted by Frantz Construction Company, Inc. to rezone a tract of land located south of Highway 6Bypass and cast of Sycamore Street from an RIA Zone to an RIB and R2 Zone, with the understanding that the tract will not be subdivided for development that would cause.thc maximum allowable capacity of the ,existing :sanitary sewer to be exceeded. - 3. To approve S-7621, Court Hill -Scott Boulevard,,Part 5, preliminary plat, submitted by Plum Grove Acres, Inc., located.west of Scott Boulevard and north of an eastern extension of Washington Street." 4. To approve S-7623, Village Green South, preliminary plat located east of Dover Street and south of Parkview and extending south to the Rock " Island'Railroad.ROW subject to the following: (a) physical improvements being made to the lift station, and (b) dedication of the 40' strip of open space along the railroad tracks. s. To approve S-7625, Orchard Court Subdivision, preliminary Planned Area Development located west of a northern extension of Orchard 'Street and south of the Rock Island R.R. ROW subject to the followingcontingencies and waivers: (a) that additional right-of-way be purchased and dedicated for the uniform extension of Orchard Street, (b) that the fire hydrant be moved pursuant to the Fire Chief's recommendations; (c) that a schedule of completion be attached to the plat; (d) that a waiver be granted of the setback of the existing house to Orchard Court; and (e) that a waiver be granted of the frontage.requirementof Lots 6 and 7 since a common driveway is being provided to both lots. 6. To approve S-7627, Orchard Court Subdivision, final plat, subject to the following: (a) approval of the legal papers; (b) waiver of the setback of the existing house to Orchard Court; and (c) waiver of the frontage requirement of Lots 6 and 7 since a common driveway is being provided to both lots. /6a8 -2- 7. To approve 5-7629, Ken's, preliminary and final Large Scale Non -Residential Development (LSNRD) plan located at the northwest intersection of Orchard Street and Highway N1 West, with the understanding that: (a) any efforts to improve the planting design to meet the intent and spirit of the proposed Tree Ordinance will be encouraged; and (b) that a sidewalkwaiver be granted on the basis that a sidewalk agreement is submitted which would exclude the rights of the property owners to object to the amount of any sidewalk assessment. 8. To approve 5-7631, revised preliminary Planned Area Development (PAD) plan of Towncrest Addition, Part 4 - Tract C, except the west 110 -feet and north 420.6 feet which lies contiguous to the east side of Dover Street. 9. To approve 5-7630, a subdivision of the West 110 feet of Towncrest Addition, Part 4 - Tract C, final plat, located east of Dover Street and north of Parkview Avenue, subject to the following three contingencies: (a) changing the name of the development to Hamm's First Addition; (b) provision of a bar scale; and (c) signature of the utility companies. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. That an opinion be obtained from the Legal Staff regarding the legal procedure for rezoning areas which were not included in the 1962 Compre- hensive Plan and to determine whether such rezonings would constitute amendments to that Plan. 2. To refer to the Parks and Recreation Commission consideration of Z-7614, application submitted by Mr. and Mrs.'Will"7. Hayek for rezoning a tract of land R2 to R3 located north of Brown Street and east'of Dodge Street and adjoining Happy Hollow Playground, for the following information:' (a) review and comment to the P$Z Commission by October 7, 1976; (b) clarification of the recommendation regarding discontinuation of mowing the undeveloped portion of the Hayek tract; and (c) determination of the City's possible interest in purchasing the subject. property as an extension of Happy Hollow Park. LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: 1. 72-04. Board of Adjustment Appeal Amendments. 2. P-7317. Creation of a University Zone (U). 3. P-7410. Creation of a Mobile Home Residence Zone (RMH). 4. P-7403. Revision of M1 and M2 Zones. 0 -;- 0 SUMMARY 01 DISCIISSION AND POINAI, ACTIONS TAKEN: Chairman Ogesen called additions or the meeting to order :end asked if there were any corrections to the minutes of the meeting held on September 2, seconded A motion to approve the minutes as written was made b se— corded by Lehman, and carried unanimously, y Vetter, Z-7612• Application submitted by American College Testing Program, Inc. Robert W. .Jansen, Attorney, for rezoning about 48 acres. Located south of g tract of land Date filed: 8/17/76, 45. Old Dubuque Road and east of HRghwayaKlring day limitation: 10/1/76, A motion was made by Cain, seconded by Jakobsen, to recommend to the City Council approval of Z-7612, application submitted b Testing program, Inc., for 'rezoning about 48 acres located south of Old Dubuque Road and American College g a tract of land, RIA to ORP, measuring. Commissioner Blum yucstioned cast of Highway #1. proposed change to an ORP the legality of rezoning the area since the hensive Plan. He stated thateheawould s not includedthe exi a legal opinion could prefer todeferconsideration until62 e be obtained. Don Schmeiser, Senior Planner, informed the Commission that would be present at future Planning and Zoning Commission meetings legal assistance. the Legal Staff to provide Chairman Ogesen stated that he did not share the concern liver the legality Of the proposed rezoning because the precedent for recommending and admending the zoning map had been well established as a function of Planning and Zoning T"On O fgt Commission. the A motionwai made by Blum, seconded by Kammerme er, Of Z-7612,application submitted by American CollegetTesting prosrderation to a special meeting at the call of the Chairman and to re opinion from the Legal Staff. g le Inc quest a legal Commissioner Cain noted that an ORP Zone in the subject area was indicated by a study done by the Johnson County Regional Planning which the City Counci] reviewed as part of g Commission in 1972 P the Transportation Study` The motion for deferral failed 1-6. the motion.) (Commissioner Blum. voted in favor of A motion was made by Blum motion by recommending seconded by Kammermeyer, to amend the original" submitted b g to the City Council approval of Z_ Legal StaffYs opinion thatican esucherezoninrogram, Inc, 7612' a ting pplication' (1) changing ,.contingent upon the 8 g land use, and 2 8 would be an_rehens'iv p method of O amending the 1962" Comprehensive pian Commissioner Cain indicated that the above-mentioned considerable period of time. study might involve a • -4- A vote on the amended motion failed 1-G of the motion.) 0 (Commissioner Blum voted in favor Commissioner Vetter stated that she favored arca and it would berezoning the area from RIA to ORI' because (1) other similaraand facilities are already established in the n (3) proper use of the land; (2) an ORP Zone would remain busline which a low density arc, the area is presently served by the Dodge Street is a valuable aid for people working in the area. A vote on the original motion carried 5-2 with Blum and Ogesen dissenting. Chairman Ogesen's negative vote was based on concerns expressed in the Staff -Report dated September 2, 1976. A motion was made by Jakobsen, seconded by Vetter, to request an opinion from the Legal Staff regarding the le al procedure for rezoning areas which were not included in the 1962 Comprehensive Plan and to determine g such rezonings would constitute . The motion carried unanimously. whether amendments to that Plan Z-7614. Application submitted by Mr. and Mrs. Will J. Hayek, C. Peter'Hayek, Attorney, for rezoning a tract of land, R2 to R3. Located north of Brown Street and east of Dodge Street and adjoining Happy Hollow Playground. Date filed: 8/26/76; 45 -day limitation: 10/10/76. Peter Hayek, attorney representing his mother, Mrs. Will J. Hayek. e that the arca adjacent to the Happy Hollow Park has been mowed and used by the City for the last 16 Y explained said, Dennis Showalter, Director OfpParks�and yRecreation, recommended to the City Council the discontinuation of that relationship due to the cost two months ago Mr. of providing mowing service to the arca. less harmful Mr. Hayek stated that it would seem to the general character of the neighborhood to construct one building rather than six or seven duplexes. Mr. Wayne Begley, 804 Ronalds Street, opposed the proposed rezoning because R3 development of the property would be incompatible with'the'existing character Of the neighborhood. Mr. Begley submitted a petition bearing the signatures Of five people who object to the proposed rezonin regarding discontinuation of mowing the undevelo The recommendation tract was arrived at by mutual consent Ped The of the Hayek Mr. Begley said. Marsha Linder, 830 Ronalds Street, indicated that she would like to see a' plan showing the proposed development of the subject area. Ms. Terry Smothers, 712 Ronalds Street, expressed concern about safety hazards (e.g., traffic parking, etc.) the proposed development might present to , A motion was made by Blum, seconded b Young children. Z-7614, application submitted by Mr. and aMrsSeWill�Jdefer consideration of tract of land R2 to R3 located north of Brown Street aHaynd ek oofrezoninDodge Street and adjoining Happy Hollow Play round, refer the round, and to request to the Parks and Recreation Commission for: (1) review and comment to the ppZ C (2) clarification of the ' °mmtssion b mowing the undevelo Ped Portion re y October 7, 1976; (3) determination of P Portion of regarding discontinuation of subject Property clic Cit the Hayek tract; and Y s Possible interest in Purchasing Y as an extension of Happy Hollow Park. The 8 the motion -carried unanimously. A motion was made b----_ submitted b Y Cain, seconded b R2 to 113 located and Mrs. Will J. HayekBfor to refer Z-7614 Happy Hollow north of Brown rezoning a tract �Ofplandation Playground Street and east of Dodge Street R3A Study Area, and t° refer Professor Douglass Lec and ad' he the project area. to Professor Project Lea Joining Lee any subsequent rezoningstin Commissioner Jakobsen asked that a time quasi -Cit questioned whether limit be added to the motion. Commissioner Blum y organization. the above mentioned organization .is a- "voted 'he motion failed to carry by a 2_$ vote. in favor of the motion.) (Commissioners Vetter and Cain Z-7615. Application °f land to Application submitted by Frantz Construction Co. Bypass and known as Mt. Prospect P east of S Located for rezoning tract 45 -day limitation: ycamore Street, RlA to south of Hi 10/14/76, RIB and R2. Date ed: 3 filed: 8/30/76; A motion was mad° b Council approval OF Vetter, seconded b Com an Z-7615, applications Lehman, to recommend to the P" Y, Inc, to rezone a tract submitted b City and cast of Sycamore Street from° land Zone Y Frantz Construction the understandin south of Highway would cause the g that the tract will not be to an RIB and R2 Zone. Bypass to maximum allowable Subdivided for ' with be exceeded. capacity of the existingdevelopment that sanitary sewer Chairman Ogesen stated land use and a that the proposed rezoning what would a good lbocation for the use pr°posed would seem to be, desired appear to circumvention of , but he would proper zoning. Co�mnissioner the Zonin not condone Vetter concurred. g Ordinance to obtain the The motion carried unanimously. 5-7621. Court Plum Grove Hill -Scott Boulevard, and north Part s, Preliminary north of an Lucas, Attorney, Located west Of Scott 7/22/76; 45-daeastern extension Y limitation: waived. °f Washington Street. Date filed: Commissioner .Jakobsen complimented help with meeting the intent the developer Commissioner Blum stated of the Oil atte Ordnance would that becausethere Storm Water Detention obtain be implemented, there was some Ordinance. it was his understandgnestiat as to how the g that the proposed -6 - development would not be subject to the requirements of the Ordinance. Mr. Schmeiser stated that any preliminary.plat which has not, yetbeenconsidered by the City Council.for approval will be subject to the requirements of the Ordinanco.. Mr. Schmeiser noted that.all discrepancies with the subject plat had been corrected. A motion was made by Kammermeyer, seconded by Jakobsen, to recommend to the City Council approval of S-7621, Court Hill -Scott Boulevard, Part.5,_ preliminary plat, submitted by Plum Grove Acres, Inc., located west of Scott Boulevard and north of an eastern extension of Washington Street. The motion carried 6-1 with Cain dissenting. Commissioner Cain stated that she would like to be assured that the proposed development does meet the provisions of the Storm Water Detention Ordinance. S-7623. Village Green South, preliminary plat submitted by Village Green South, Inc., Charles A. Mullen, Attorney. Located east of Dover Street and south of Parkview and extends south to Rock Island R.R. ROW. .Referred to Parks and Recreation Commission. Date filed: 8/3/76; 45 -day limitation: 9/17/76. Mr. Schmeiser explained that the Parks and Recreation Commission voted in favor of a 40' strip of open space along the railroad tracks as long as there were protuberances of triangular areas at the ends of cul-de-sacs. The Parks and Recreation Commission would accept this property and would prefer that it be dedicated to the City. A motion was made by Vetter, seconded by Kammermeyer, to recommend to the City Council approval of S-7623, Village Green South, preliminary.plat located east of Dover Street and south of Parkview and extending south to the Rock Island Railroad ROW subject to the following: (1) physical improvements being made to the lift station, and. (2) dedication of the 40, strip of open space along the railroad tracks. The motion carried unanimously. Commissioner Blum expressed concern regarding control over future development. S-7625. Orchard Court Subdivision, preliminary Planned Area Development (PAD), submitted by Mary and Alvin Streb, Robert M. Downer, Attorney. Located west of a northern extension of Orchard Street and south of Rock Island R.R. ROW. Date filed: 8/18/76; 45 -day limitation: 10/2/76. After discussion, a motion was made by Blum, seconded by Vetter, to recommend to the City Council approval of;S-7625, Orchard Court Subdivision, preliminary Planned Area Development located west of a northern,extension of Orchard. Street and south of the Rock Island R.R. ROW subject to -the following contingencies and waivers: (1) that additional right-of-way be purchased and dedicated for the uniform extension of Orchard Street, 0 - 7- (3) that the fire hydrant be moved pursuant to the Fire chi (3) that a schedule of completion he attached to (4) that a waiver he% ef s recommendations; Orchard granted of the s• the plat; Court; and setback the. existin (5) that n waiver he g,house•to since a common dr vew y of the frontage requirement of Lots 6 and 7 Y is being provided to both lots. "-he motion carried unanimously. 5-7627• Orchard Court Subdivision, final plat. Sec filed: 8/19/76, 45 -day limitation: 10/3/76 5-7625 above. Date q motion was;made b Council a Y .lakobsOn, seconded by Vetter, pproval of S-7627 Orchard to recommend to the City to the following: Court Subdivision, Plat, subject (1) apweral.of the legal papers; final lot of the setback of the (3) waiver of the fronto existing house to Orchard Court way is being providedetoebothelots of Lots 6 and 7 command on since a l'he motion carried unanimously. drive - Commissioner Blum fin stated that he usually would not favor approval of a final plat with contingencies worked hard to meet the requirements suggested recommending however, the developer,.has , llgesen stated that the revised develo entwil by the Commission. life for residents in the arca. development will add to a Chairman better,quality of 5-7629. Ken's,, ,.Preliminary and final Large Scale Non -Res idential;Ucvclopmcnt ). submitted by Sherkin at northwest intersection , Inc- ,:William sueppel gttore 8/30/76; 45 -da of Orchard Street and Highway 1 West, -Located y limitation: 10/14/76, hwa q Dat e. filed: Commissioners suggested that the applicant attempt to meet the proposed Tree Council. prior to submittal of the intent of the request to .the City., Chairman Ogesen questioned whether request on the basis that the it would be proper to den Proposed Tree Ordinance, development Tt er y the subject CommissionereBlum es not meet the provisions of the creativeoblems with the subject develo meat stated that creative Pdeveloper because there are in order to comply as much as the .develo er °f the. Tree Ordinance. Possible a will need to. be with the spirit and intent A motion was made by Blum, - °f 5-7629, Ken's, preliminary seconded by Kammermeyer, to defer'considOration ment, to :]low the developer and final Large Scale with er an Opportunity Non -Residential Develop_ the spirit and P y to co m 1 in tell the Tree Ordinance. P y as muchas possible , William Sueppel� Attorney, questioned how it would be faith effort at meeting the provisions of the poree Ordinance a. good Proposed Tree Ordinance when -8 - it has not yet been implemented. tie explained that the property owners adjacent to the subject property do not want trees and a protective covenant was signed that no trees would be planted for twenty years. The property owners want the space for gardens, he said. Commissioners suggested that the applicant meet with Rick Geshwiler, Senior Planner of Advance Planning, for suggestions of how the intent and spirit of the proposed Tree Ordinance can be met. Commissioners Blum and Kammermeyer withdrew the motion for deferral. A motion was made by Lehman, seconded by Kammermeyer, to recommend to the City Council approval of S-7629, Ken's, preliminary and final Large Scale Non -Residential Development (LSNRD) plan located at the northwest inter- section of Orchard Street and Highway Nl West,'with the understanding that (1) any efforts to improve the planting design to meet the intent and - spirit of the proposed Tree Ordinance will be encouraged; and (2) that a sidewalk waiver be granted on the basis that'a sidewalk agreement is submitted which would exclude the rights of the property owners to object to the amount of any sidewalk assessment. The motion carried unanimously. S-7631. Revised preliminary Planned Area Development (PAD) plan of Towncrest Addition, Part 4 - Tract C, except the west 110 feet and north 420.6 feet which lies contiguous to the east side of Dover Street. Date filed: 9/10/76. 45 -day limitation: 10/25/76. Mr. Schmeiser indicated that the name of the development had been changed to Hamm's First Addition and he stated that the legal papers were correct. Commissioner'Cain noted that the subject development does not represent a real change in concept from the original Planned Area Development. Jay Honohan, attorney, explained that the`request'was submitted to alter the boundary line. A motion was made by Cain, seconded by Kammermeyer, to recommend to the City Council approval of S-7631, revised preliminary Planned Area Development (PAD) plan of Towncrest Addition, Part 4 - Tract C, except the west 110 feet and north 420.6 feet which lies contiguous to the east side of Dover Street. The motion carried unanimously. S-7630. A subdivision of the West 110 feet of Towncrest Addition, Part 4. - Tract C, final plat, located east of Dover Street and north of Parkview' Avenue. Submitted by Merlin Hamm and Jerry Hilgenberg (MH Enterprises), Jay H. Honohan, Attorney. Date filed: 9/10/76. 45 -day limitation: 10/25/76. A motion was made by Kammermeyer, seconded by Vetter, to recommend to the City Council approval of S-7630, a subdivision of the West 110 feet of Towncrest Addition, Part 4 - Tract C, final plat, located east of Dover Street and north of Parkview Avenue, subject to the following three contingencies: IM 0 (1) changing the name of the development to Hamm's First Addition; (Z) provision of a bar scale; and (3) signature of the utility companies. The motion carried unanimously. A motion was made by Blum, seconded by Jakobsen, that a policy be initiated whereby Planning and Zoning Commissioners would attend City Council meetings on a rotating basis. The responsibility of the Commissioner attending the meeting would be to represent the Commission's point of view rather than a personal point of view. The motion carried unanimously. Commissioners requested that consideration of the U (University) Zone be included on the agenda for the next informal P$Z meeting and that Sam Fahr and Dick Gibson be informed of the meeting. The meeting adjourned. -06, 5, ane al bsen, Secretary