HomeMy WebLinkAbout1979-11-13 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that the
Ctyf Iowa City
propises to rezone from iio rd:he following
described property to -wit'
Commencing at the Southwest Corner of the Northeast quarter of Section 17,
Township 79 North, Range 6 Wast of the 5th Principal Meridien; Thence N1049' -
29"E, 35.00 fast to the North line of West Benton Street; Thence S87054150"E,
711.07 feet an said North line of Benton Street to the East line of Westgate
Street; Thence N0058'55"E, 300.07 feat on said lest line of Westgate Street
to the Point of Beginning; Thence continuing NOe58155"E, 181.00 Peet1 Thence
S89001 105'-E, 375.48 feet; Thence 50059'35"W, 181.00 feet; Thence N89001 105"W,
335.44 feet to the Point of Onginning. Said tract containing 1.394 acres.
(north 181 feet of a parcel of land located
at the northeast corner of the intersection
of West Benton Street and Westgate Street.)
as requested by
Notice is further given that pursuant to Section
414.4 of the 1977 Code of Iowa, a hearing by the
City Council of Iowa City, Iowa, on the said pro-
posed rezoning will be held at the Council Chambers
at the Civic Center of Iowa City, Iowa, at 1:20 1.m.
on December 4, , 1979, and any person having
object ons to said propRed action may appear and
. file objections at said hearing.
Dated at Iowa City, Iowa, this l�thday of
November , 197 9.
ABBIE STOLFUS, CITY CLERK
BEST NT
�pC��yE
�pvA1
RECFIVFD % irPROM
AY .7$g LirdI DEk'489�,
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES Ido INES
A4915
Is ,
NOTICE OF PUBLIC NEARING
Notice is hereby given that the City of Iowa City
proposes to rezone from R1A to R3zop Ethe following
described property to -wit:
Commencing at the Southwest Corner of the Northeast Quarter of Section 17,
Township 79 North, Range 6 West of the 5th Principal Meridian; Thence N10491 -
29"E, 35.00 feet to the North line of West Benton Street; Thence S87054150"E,
711.07 feet on ;aid North line of Benton Street to the East line of Weetgete
Street; Thence N0058155"E, 700.07 feet on said East line of Westgate Street
t0 the Point of Beginning; Thence continuing N0058155"E, 181.00 feet; Thence
58900110511E, 335.48 feet; Thence 50059135"W, 181.00 feet; Thence N8900110511W,
335.44 feet to the Point of Beginning. Said tract containing 1.394 acres.
(north 181 feet of a parcel of land located
at the northeast corner of the intersection
of West Benton Street and Westgate Street.)
as requested by
Notice is further given that pursuant to Section
414.4 of the 1977 Code of Iowa, a hearing by the
City Council of Iowa City, Iowa, on the said pro-
posed rezoning will be held at the Council Chambers
at the Civic Center of Iowa City, Iowa, at 7:3o E%m.
on December 4, , 1979, and any person having
object ons to std proposed action may appear and
file objections at said hearing.
Dated at Iowa City, Iowa, this 17thday of
November , 1979.
ABBIE STOLFUS, CITY CLERK
AWF.IVED R gppgpp�
BY .LEGAL DED A)yp) • :',.
IIICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
i;
H
PETITION
We, the undersigned, do hereby state that we are the owners of the
property directly opposite the property on Westgate Street, owned by
University Baptist Church, which is proposed for rezoning from RIA to R3.
In accordance with 5 414.5 of the Code of Iowa and S 8.10.32.B of the Code
of Ordinances of Iowa City, we hereby protest the proposed rezoning and
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
(14 �����A�
STATE OF IOWA )
) SS
JOHNSON COUNTY )
On this day of, 1979, before me, the
undersigned, a Not y Public }n and for said County and State, personally
appeared �j — � p Alpe o f pn , to me known to be the identical
persons Amed in and who executed the within and foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
Notar4anState
n an for said
County
CI i Y CLERK (3)
rte- - -- - _,----•
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•OES MOINES
alas
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19�7n
p.
ABBIF
:7�, i`'1
1.1 .•
.
CI i Y CLERK (3)
rte- - -- - _,----•
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•OES MOINES
alas
I
PETITION
We, the undersigned, do hereby state that we are the owners of the
property directly opposite the property on Westgate Street, owned by
University Baptist Church, which is proposed for rezoning from R1A to R3.
In accordance with 5 414.5 of the Code of Iowa and 5 8.10.32.B of the Code
of Ordinances of Iowa City, we hereby protest the proposed rezoning and
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
STATE OF IOWA 1
JOHNSON COUNTY SS
On this day of 1979, before me, the
undersigned a Notar Public in and for said County and State, personally
appeared , to me known to be the identical
persons named in and who execu d the within and foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
I.1_ci?t( ia)
Lg
Notary Publ' in and or said
County and ate
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS.DES MOINES
.x
PETITION
We, the undersigned, do hereby state that we are the owners of the
property directly opposite the property on Westgate Street, owned by
University Baptist Church, which is proposed for rezoning from R1A to R3.
In accordance with 5 414.5 of the Code of Iowa and 5 8.10.32.8 of the Code
of Ordinances of Iowa City, we hereby protest the proposed rezoning and
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
STATE OF IOWA )
SS
JOHNSON COUNTY )
On this day of 1979, before me, the
undersigned, a Notary Pu lic in and for said County and State, personally
appeared , to me known to be the identical
persons named ih and who executild the within and foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
Q r
r
CITY (:U_ RK (3)
No aryP lic in an for sa
County nd State
MICROFILMED BY
JORM MICROLAB
CEDAR RA^IDS•DES MOVIES
PETITION
We, the undersigned, do hereby state that we are the owners of the
property directly opposite the property on Westgate Street, owned by
University Baptist Church, which is proposed for rezoning from R1A to R3.
In accordance with 5 414.5 of the Code of Iowa and 5 8.10.32.0 of the Code
of Ordinances of Iowa City, we hereby protest the proposed rezoning and
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
-..b I -a
STATE OF IOWA
) SS
JOHNSON COUNTY )
On this day of UP2C�&k_) , 1979, before me, the
undersigned a Notar Public in and for said County and State,,personally
appeared to me known to be the identical
persons named in and who execu d the within and foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
Notary Publi in and for said
County and State
J
6
MICROFILMED BY
JORM MICROLAB
CEDAR RANOS•DES Flo RIES
PETITION
We, the undersigned, (10 hereby slate that we are the owners of the
property directly opposite the Property on Westgate Street, Owned by
Church, which is proposed for rezoning from R1A to R3.
University Baptist
In accordance with 5 414.5 ofwehereby ofroteste Code Iowaathe B
proposed rezoning and
of Ordinances of Iowa City, y P
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I 1979 before me, the
On this � _—day of ��. _--ou
undersigned, a Notary Pu lic in and for said County and State, personally
appeared ' to me known to be the identical
anforeoing
persons named gat theBndw executed h melasltheir voluntary acttrument and deednd
acknowledged th Y
No ary lic 1n an for sa
County nd State
i`
j
J
I ( '
it
11
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MONIES
PETITION
We, the undersigned, do hereby state that we are the owners of the
property directly opposite the property on Westgate Street, owned by
University Baptist Church, which is proposed for rezoning from RIA to R3.
In accordance with S 414.5 of the Code of Iowa and 5 8.10.32.8 of the Code
of Ordinances of Iowa City, we hereby protest the proposed rezoning and
understand that each rezoning shall not become effective except by a
favorable vote of three-fourths of the members of the City Council.
I
STATE OF IOWA )
SS
JOHNSON COUNTY )
On this , _day of �JL_it/ 1979, before me, the
undersigned, a Nota y Public 'n and for said County and State, personally
appeared r, {�/�, to me known to be the identical
persons Amed in and who executed the within and foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
!
Nottar— y4anState
n an for said.
Count`��
MICROFILMED DY
_ JORM MICROLAB
CEDAR RAPIDS -DCS MOVIES
STAFF REPORT
To: Planning & Zoning Commission
Item: Rezoning of the north 181' of a
parcel owned by University
Baptist Church
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive plan:
Applicable regulations:
SPECIAL INFORMATION
Public utilities:
Public service:
Publc transportation:
Physical characteristics:
°"'1
Prepared by: Doug Boothroy
Date: November 1, 1979
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
Approval of a rezoning from R1A
(single family) to R3 (multi -family).
To construct 20 residential units of
public housing.
The north 181 feet of a parcel of
land located at the northeast corner
of the intersection of West Benton
Street and Westgate Street.
Approximately 1.39 acres.
Undeveloped and RI.A.
North - Multi -family and R3
South - Church and RIA
East - Multi -family and R3A
West - Undeveloped (private open
space) and R3
The area is designated for a density
of 8 to 16 dwelling units per acre.
Provisions of the Zoning Ordinance
Adequate sewer and water service
are available.
Sanitation service and police and
fire protection are available.
Vehicular access would be provided
from Westgate Street.
The topography is rolling to moderately
steep with slopes of from 5%-15%.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101RES
Mi
ANALYSIS
The subject request. is a referral by the City Council to the Planning and Toning
Commission. If approved, it is then Lhe Council's intent to consider Incatinil
up to 20 side-by-Jde (o.g., Lownhnur.w.) unil.s of public: housing on the 1.39
acre parcel. the development. would be n1. a density of 14 dwelling unit, per
acre. Ihis is the maximum densiLy permil.l.ed under the requesLed R3 zoning.
A development density of between B to 16 dwelling units per acre is designated
for this area by the City's Comprehensive Plan and intended to be zoned to
permit medium density single family and low density multi -family residential
uses. The density and type of uses being considered by the City is consistent
with the designation of the Comprehensive Plan.
The existing infrastructure is adequate to serve the needs of up to 16 dwelling
units per acre. The property fronts Westgate Street, a collector street, which
is constructed to a pavement width of 36 feet. This width provides parking on
both sides and two traffic lanes. Adequate sewer and water service are
available. Horn Elementary School has capacity to accommodate the additional
students generated by this development.
Until the new Zoning Ordinance is adopted, there are only two zones R2 and R3,
which can be applied to implement the Comprehensive Plan. However, a reasonable
return on the property cannot be expected of zones R2 or higher (more
restrictive zones) because the development costs of the property would exceed.
tlir market value. Even though the allowable density of development for R2 and
R3 is the same, an important distinction in terms of development costs result.
If developed under an RI or R2 zoning classification, each building must be
located on its own lot; however, under an R3 zone more than one building may be
located on a lot as long as the buildings are separated by a horizontal distance
that is equal to the height of the highest building. In this case, the property
could be developed under R2 zoning one of two ways: three platted lots fronting
Westgate Street (six duplex units) or provision of a street and five lots (ten
duplex units). Because the parcel is less than two acres, the use of a Planned
Area Development Plan for provision of private streets is not an alternative.
R3 zoning provides the owner the flexibility of developing his property to a
higher density without the expense of providing a public street.
The subject rezoning would allow uses which are not incompatible with adjacent
uses. Multi -family uses are located both to the north and to the east, private
open space opposes the subject property across Westgate Street to the west and a
church is located to the south. The predominant use fronting Westgate Street is
duplex with the exception being Westgate Circle where two single family
dwellings face the church across Westgate Street. All of these existing uses
were developed in an area which was zoned R3. What impacts (environmental and
economic) a multi -family development would have on existing single family homes
and duplexes in the area would have resulted at the time the area was zoned R3
and from existing or subsequent high density development to the north. It is
difficult to substantiate that an additional 14 units than permitted under
present zoning (R1A) would impair the value of adjacent property. The value of
the property is adversely affected if there results economic depreciation which
is a decrease in the market value of property from factors (one of which is the
use of adjacent land) outside the control of the property owner.
MICROFILMED BY
JORM MICROIAB
CEDAR RAPIDS -DES MOINES
3
RECOMMENDATION
Should the City resolve to rezone the area from NIA to U and develop the site for
public housing, every attempt should be made to minimize storm water runoff and
establish a review process to allow as much input as possible from adjacent
property owners in the development of the site in question.
ATTACHMENT
Location map.
ACCOMPANIMENT
None.
Approvel by: --
Dennis R. Kraft, Direct
Department of Planning and
Program Development
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
rr
Y. R
November 12, 1979
Reference: Rezoning the north section of an area owned by the University Baptist
Church located on the NE corner of West Benton and Westgate Streets
to. R3
Dear Council Member:
The Planning and 7oning Commission has ruled in a unanimous decision not to rezone
the above mentioned property. Since it is their position to be your advisory
commission and to render to you their expert opinion, the unanimous decision
against rezoning in itself defines the situation.
However, should you wish to know the community viewpoint, which was strongly
against rezoning, I will inform you of our feelings. In the records from the
Planning and Zoning Commission you will find several photographs to show you
the density about which we are concerned and in addition to the ,special majority"
petition is the beginings of a planned petition campaign which was halted upon
the satisfactory ruling of the Planning and 7oning Commission. But even this
small census ran 99% against rezoning and should give you an idea of the solidarity
of the community against the rezoning.
Rezoning should not be considered lightly and should only be done if it serves the
best interests of the community at large. This most definitely is not the case in
this situation. Already this area has been allowed to grow in an uncontrolled
fashion of solid apartment buildings. This violates all the principles of good
city planning which requires a balance in neighborhoods. Currently we have an
area of 2 blocks by 5 or o blocks of solid apartment complexest This heavy
density has had great repercussions on our neighborhood. Among our concerns are:
j 1. There continues to be great westward growth in Iowa City which has caused
over -crowding at Horn School. This is a natural expansion and cannot be
avoided. To purposely crowd from within is unreasonable. Horn already
expanded for the second time just 12 years ago and again it is facing the
prospect of overcrowding. Children living on Jessup Court which is within
walking distance to Horn are bused to Coralville. Such are the results of
{
unbalanced density.
2. With this density comes the problem of parking. Although the apartments
supply off-street parking, the street is nevertheless congested with on -
street parking. The problem on Westgate Street becomes severe in winter
due to snow and the great incline of the street which severely hampers
passing ability. The problem will be even greater this year since Westgate
Street has become a bus route.
3. With this density comes the additional problem of noise and an adequate area
for children to play without being sent into the parking lots as now occurs
at the apartment buildings. This does not allow tranquility for the residents
nor safety for the children.
* 4. The major concern however is the increased wafer problem we would have with
Willow Creek which runs along the property in question and borders our house
along with many others along the way. Each additional building project on
aia_�
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIRES
Westgate Street has further increased the flow of the creek. During rainstorms
the viaducts under West Benton and estgate Streets are inadequate to handlethe
flow and consequently the water backs up in swirling motion flooding our yards,
and eroding our property. The creek seems innocuous on dry days but during rain
storms
gh to carry
andto moves Thisong causesugreat chunksaofylandltoafalleintorairod tis andtheucreek
and be carried away as well as approa cFdangerou sly close to our basements.
The oropaed area is a virtual watershed which has a crest on the southern part
of the p:•operty and then drops off to the creek. Yater falls down that crest
in sheets but is presently detained somewhat by the underbrush and trees in that
area. To put un density housing there would decrease the absorbability of the
land and this would further threaten our property. Unless the water is channeled
completely away from the creek the already inadequate situation will become worse.
Ultimately some action will be required to fortify the creek boundaries or widen
the viaducts under the street. We cannot be placated by statments that are to
assure us that this flooding problem can be avoided because our experience in
this area over the years has proven otherwise,
e
As Ralston Creek should have demonstrated, the time to act is while one can still
prevent poor Planning ideas rather than allow these acts to have a damaging effect
on an entire community and then try to adjust things later.
I
To address the matter of public housing in particular, I would like to point out
that the City has complete control in this choice and the action it suggests is
most unwise. The city has been given a number of units for which it is seeking
locations. By all good practices of city planning these units should be evenly
distributed throughout the city. There are many school districts with declinng
enrollment and these are the areas to concentrate on when choosing locations for
public housing. To virtually "squeeze" this housing into a school district that
is threatened with overcrowding shows very poor judgement indeed.
Even the desired aspect of even distribution is not met since we already have a
massive {public housing project just blocks away from the site now proposed _ this
is Mark N.
IAs I have mentioned, your advisory commission took these points into consideration
and unanimously voted against rezoning. I feel assured you will agree with their
expert opinion and rule against rezoning.
Thank you.
+ ? Sincerely yours, ,
�i LC 1`
Mrs, Valda Gebhart
8 Westgate Circle
Iowa City, Iowa
338-5110
MICROFILMED BY
JORM MICROLAB
.CEDAR RAPIDS -DES 1101DES