HomeMy WebLinkAbout1976-12-28 Bd Comm minutesMINUTES •
IOWA CITY PLANNING AND ZONING COMMISSION
DECEMBER 16, 1976 -- 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT: Blum, Cain, Jakobsen, Y.ammermeyer, Vetter
MEMBERS ABSENT: Lehman, Ogesen
STAFF PRESENT: Schmeiser, Kushnir, Osborn, Oszman
RECOMMENDATIONS TO THE CITY COUNCIL:
1. To approve Z-7616, application submitted by Midwest Develop-
ment- CO., to rezone a tract of land located west of Taylor.
Drive and south of the K -Mart area from RIA to RIB, and
not to take a final vote on this matter until the prelimi-
nary plat has also been approved by the Planning and Zoning
Commission and submitted to the City Council for consideration
of both items at the same meeting.
2. To approve 5-7640, preliminary plat of Sturgis Corner Addition
located cast- of Riverside Drive and north of Highway 6 Bypass,
with the following stipulations, to be stated in a legal
agreement between the petitioners and the City:
(a) that the petitioners agree to amend the subdivision
plat before undertaking any development of Lot 2;
(b) that the sidewalks be shown on the plat, but that:
(1) they need not be installed until Lot 2 is amended,
and
(2) if they are not required on Lot 2, they will not
requiredbe t 1.
It was further recommendedthat:
(a) the rolled curb on the center island of Sturgis Corner
Road be shown; and
(b) the 50 -foot right-of-way be waived to 48 feet.
3. That final approval of the rezoning of the Mount Prospect
Addition be deferred until the final plat is received and
approved by the Planning and Zoning Commission, so that the
Council may vote on both the rezoning and the final plat
at the same meeting.
ne uests to the Cit Mana97er for Information or Staff Assistance:
That the staffo' an4n orinane
structural alterations of residences on lots with less width
than required.
List oi' Matters Pendin Commission -Council Disposition:
1- 72-04. Board of Adjustment Appeal Amendments.
University2- P-7317. Creation of a L
3• P-7410. Creation of a Mobile HomeResidence 'Zone ()u4H).
4. P-7403. Revision of M1 and 1,12. Zones.
229 L
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Summar of Discussion
and Formal Action Taken:
Vice Chairperson Cain
if there were any correcalled the meeting to order and asked
the meetin ctions or additions to the minutes of
g held on December 2, 1976. A motion was
Y.ne motion , seconded by Blum to
ine motion carried unanimously, approve the minutes as
by
as written.
PU°lic hearing on a proposed ordinance to amend the Zoning Ord-
mance by revising the procedures for amendingthe
Tnere was no discussion for or a Zoning Ordinance:
against the proposed ordinance.
The Puolic hearing closed.
A motion was made by Jakobsen, seconded by Vetter
the next Planning and Zoning Commission meeting
the proposed ordinance to amend the Zoning ' t. defer until
1977)
the procedures for amendin g Wan. 6, revising
carried unanimously.g the Zoning g Ordinance by revising
g Ordinance. The motion
Commissioner Jakobsen noted
that members of the Commissas a reason for deferral the fact
Of, the proposed ordinance. ion had just received the final copy
Z_" Application submitted by Midwest Development to
rezone a tract of land located west of Taylor Drive
of the K-M,art area from RlA to RIB date filed: Co.,
limitation: and south
12/2/76. waived; public hearing date: ll 1$ 76; deferred: red day
/ /76; deferred:
Commissioner Blum suggested that if the Commission were tore -
commend approval to the City Council of this a
should in so with the joint recommendation that the Council hold
off taking PPlication, it
g any action until the Commission has also a
Plat- Other Commissioners concurred.
pproved the
There was some discussion of whether the Commission
to see the final plat, or whether they could recommend
proval
on the basis of the prelim inar would need
Addition was cited as y Plat alone. The Mount Prospect
upon seeing a case 1'onwhere the Commission would insist
out that g the final plat.
this was done to avoid Possible Asst. City Attorneypointed
Prospect Addition. Commissionerp le mission
Commission was aware of Jakobsen later statedthat
the'. YOUnt
case the sewer facilitiesewer considerations and that the
had been judged adequate that in this
Commissioner Blum stated his
Co a significant difference h between
Plats was 'remote enough so feeling that the possibility
Of'Kammermeyer asked Mike gKaso it doesn t bothermme.,, inary and final
whether a simultaneous submissionsofvtheatwor & r Commissioner
Mr. Kammerer responded that this would be a y Associates,
Plats was feasible.
hardsnip for the
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developers because of certain time constraints.
A motion was made by Jakobsen, seconded by Kammermeyer, to
recommend to the City Council approval of Z-7616, applicatiol,
submitted by Midwest Development Co., to rezone a tract of
land located west of Taylor Drive and South of the K -Mart area
from RIA to IUB and to recommend that the Council not take a
final vote on this matter until the preliminary plat has also
been approved by the Planning and Zoning Commission and submitted
to the City Council for consideration of both items at the same
meeting. The motion carried unanimously.
Z-761"1. Reconsideration of an application submitted by HyVee
0o atores, Inc., to rezone a tract of land located at the
northwest corner of North Dodge Street and North Dubuque Road
from an R2 Zone and CH 'Zone to a PC Zone; date filed: 10 2
45 -day limitation: 12/9/76; public hearing date: 11/1$/76;
denied: 12/2/76; reconsideration requested: 12/3/76.
Commissioner Blum pointed out that technically a motion to
reconsider has to be made on the same day as the original vote
is taken and that therefore a motion to reconsider was not
in order at the time, unless the Commission wished to suspend
the rules. Blum suggested that a motion to recind would be
appropriate and recommended that such a motion be placed on the
agenda of the next regular meeting. Vice Chairperson Cain
said that this would be done.
Commissioner Blum told Kenneth Pickens, representative of HyVee
Stores, Inc., that the petitioner would need to tender a waiver
of the 45 -day limitation before the next meeting, in order to
expedite any motion to recind. Blum said that this could be done
by means of a simple letter.
Z -75U1. Commission to set a public hearing for January 20, 1977
in consideration of an application submitted by Dean and Evelyn
Oakes to rezone a lot and a portion of an abutting lot located
north of Burlington Street and east of Van Buren Street from
a C2 and R3A Zone to an R33 Zone; date filed: 2/4/75; 45 -day
limitation: waived; deferred: 2/13/75; consideration requested:
11/17/76.
A motion was made by Blum, seconded by Vetter, that a public
hearing be set for January 20, 1077 in consideration of an
application submitted by Dean and Evelyn Oakes to rezone a lot
and a portion of an abutting lot located north of Burlington
Street and east of Van Buren Street from a C2 and R3A Zone to
an R38 Zone. The motion carried unanimously.
5-7640. Preliminary plat of Sturgis Corner Addition located
east of Riverside Drive and north of Highway 6 Bypass; date filed:
12/3/76; 45 -day limitation: 1/17/77.
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Mike Kammerer, ;;hive -Ha U ery & Associates, told the Commission
that the new plat showed some changes regarding the right of*
way and that the changes had been approved by the Highway De-
partment.
'cony Usborn, Associate Planner, explained that the new plat
snowed one minor discrepancy. He said that the cross-section
should snow a roll-over curb I -or Lhe center island 01' Sturgis
Corner Road. He added that the Commission would need to grant
a variance for waiving the provisionof sidewalks and the
around on Sturgis Corner Road. turn -
A motion was made by Blum, seconded by Jakobsen, to defer
consideration of S-7640, preliminary plat of Sturgis Corner
Addition located east of Riverside Drive and north of Highway
6 Bypass until the next meeting.
Blum said that he felt it important for the Commission to seek
assistance f'rom the Legal Staff in order to avoid the many prob-
lems associated with Lot 2. He stated that the Commission did
not feel it was important that the petitioner show improvements
I'or Lot 2, and that the Legal Staff might help the Commission
proceed to approve the plat without such improvements being shown.
Mr. Kushnir said that he had been in contact with John Hayek,
City Attorney, about this matter. Mr. Kusnir explained that
both of them were of the opinion that the Commission could
aphrove the plat iE the petitioners were to sign an agree-
ment_ stating that they would either amend the subdivision plat
prior to any construction on Lot 2 or submit an LSNRD.
Commissioner Blum said he felt an amended subdivision plat would
be preferable to the submission of an LSNRD.
CommissionerBlumwithdrew his motion.
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A motion was made by Blum, seconded by Kammermeyer, to recommend
approval to the City Council of S-7640, preliminary plat of Sturgis
Corner Addition located east of Riverside Drive and north of
Highway 6 Bypass, with the following stipulations, to be stated
in a legal agreement between the petitioners and the City:
(a) that the petitioners agree to amend the subdivision plat
before undertaking any development of Lot 2;
(b) that the sidewalks be shown on the plat, but that:
(1) they need not be installed until Lot 2 is amended,
and
(2) if they are not required on Lot 2, they will not be
required on Lot 1.
It was further recommended that:
(a) the rolled curb on the center island of Sturgis Corner
Road be shown; and
(b) the 50 -foot right-of-way be waived to 48 feet.
The motion carried unanimously.
Heyue-t for staff assistance: -5
A motion was made b
Sion request Y Blum, seconded b
amendment staff assistance Y Vetter, that the
structuraltalteratiSectioons o1'24C of preparation oi' Commis
Of Zoninga study in
than required. residences °n lotsC it relative to
The motion carried unanimously. less
width
Consideration of adoption
final plat of Mount Prospect the
of the p esL: one
dure of
approval Simultaneously the
rezoning request; Y with the
A motion
recommends made by Kammer
to the City Cmmerm yer, Seconded by Jakobsen, to
Of the Mount Prospect Addition final approval
is received and a untilof the rezoning
so that the pproved by the Planninged until the final
Plat at Council may vote on both the rezoninln plat
the same meeting.g Commission,
The motion carried g and the final
vice Chairperson Cain said that a unanimously.
Mr. Phillip Le!'f, Attorney
this matter.Law, z2ztter would be sent to
at S.
Linn Street, regarding
Consideration of a request from a Council
Zoning Ordinance to permit to
nsigns"
oi' trre City; person to amend the
within specific zones
The Commission discussed
which item- were the weaknesses
Cain exced
pressed herlfeelinn Its a °f the procedures b
should g that Benda. Vice Chair
either officially representmtheer Of person y
ue make the
eq t or Council in Council
she felt that the request as a private making a
neither entirelyway In which this citizen. She said
official nor entirely equest had been made was
Commissioner unofficial.
which a Blum disagreed, saying that he felt
itself request is made is less important
and that the Commission should than thehrequest;e way In
on Its own merits,
consider the request
It was agreed
cerning the that the Commission had
the agenda. way In which requests AO Official Policy favor a statementCommlofioner Blum saiduthatsheh e Y con -
and made a such per re on
policy of the a policy only il' it were broughtlu
Commission by vote. P
vice Chairperson Cain and
they thought the a Commissioner Jakobsen stated that
quest would be appropriate time For considering
relatingwhen the Commission was considerin
to the Sign Ordinance. g such a re -
A motion was g other matters
the Council made by Blum
secmadonded by Kammermeyer,
member who
the request, Mr. Balmer, to
to an
P
informal meeting to discuss the Planning and Zoning Commission's
reasons for not considering the matter at this time. The motion
failed to carry by a 1-4 vote. (Commissioner Blum voted in favor
of the motion.)
A motion was made by Blum, seconded by Kammermeyer, to set Januar•
20, 1977 as a public hearing date for the request.
Vice Chairperson Cain and Commissioner Jakobsen stated that
they would vote against the motion because they preferred to
consider a request for an amendment concerning signs when they
considered the Sign Ordinance as a whole.
The motion failed to carry by a 1-4 vote. (Commissioner Blum
voted in favor of the motion.)
A motion was made by Kammermeyer, seconded by Vetter, to send
a letter to Mr. Balmer stating that the Commission had decided
not to hold a public hearing at this time and also stating that
if' Mr. Balmer wished to discuss it further, he was welcome to
meet with the Commission. The motion carried with 4 in favor
and 1 abstaining. (Commissioner Blum abstained.)
The Commission discussed the resolution approving auditor's
plat No. 32 submitted by R. M. Boggs, Co., Inc.; Business
Development, Inc.; Capitol Propane Gas, Co., Inc.; Drug Fair;
L. L. Pelling Co. and Wolf Construction, Inc.
Commissioner Jakobsen briefly explained the essence of the
resolution.
Commissioner Blum said that the Commission, though it was aware
of the problem with which the resolution deals, felt that such
a resolution did not relate to zoning considerations. Other
Commissioners concurred.
With the Commission's concurrence, Juanita Vetter was appointed
to the Riverfront Commission.
Commissioner Kammermeyer gave a brief report on recent City
Council meetings.
The meeting adjourned.
Prepared by: L ,.� uv�i, s•. /..
Ellen Oszman, DCD
Approved by: �Gli�✓
ane J kobsen, P & Z
Commission Secretary