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HomeMy WebLinkAbout1975-09-09 Bd Comm minutes_2_ SUMMARY OF DISCUSSION AND FORMAL`. ACTIONS TAKRN: .Chairman Ogesen called the meeting to order and asked if there were any additions or corrections`' to the minutes of the meeting held on August 14, 1975. Dr. Ogesen suggested that the words "one Commissioner" in the third paragraph :on; -page -.3 be -changed -to read "the Consultant". A motion to' approve the minutes as amended'wasmade by Jakobsen and seconded by Cain. The motion carried unanimously, 4-0 (Commissioner Blum was not present when the vote was taken). Z-7506: Plum Grove Acres, Inc. Consideration of rezoning of triangular tract'of_land-on west side of Highway 1, north of -I-80 interchange. Result of court litigation makes rezoning mandatory. Sixth JudicialDistrict Court decree 'handed down: July 30, 1975. Chairman Ogesenexplainedthat recent litigation in the Iowa District Court in 'Johnson County resolved that the RIA zoning classification of the ;subject propertyowned by Plum Grove Acres, Inc. is invalid and, therefore, rezoning is mandatory. Mr. Ed -Lucas attorney representing Plum Grove Acres, _Inc., questioned the meaning of the terminology in the phrase, "except as otherwise, provided" in Chapter 8.10.11.1 of the Zoning Ordinane. He suggested that the meaning of the phrase is unclear and in need of revision. Mr.Lucas stated that -a CO Zone for the subject area, as 'suggested in the August 28,-1975 Staff Report, would seem unreasonable' and not consistent with the District Court order. Commissioner Hines asked if the Council had determined' whether the case - might be appealed to a higher court. Tony Kushnir, Assistant City Attorney,' indicated.that-Counci L_ determination was that the case not be appealed to a `higher court -and -that a=satisfactory, zoning would have to be worked out by the City. Mr. Kushnir indicated that the District Court Judge had strongly suggested that a CH zoning classification would seem reasonable. Mr. Kushnir also stated that the Judge felt the North Side Study of the City, developed by,:_the Planning Departmentin1968, was inadequate. Mr. Bruce Glasgow, President of Plum Grove Acres, Inc., stated that he would consider adoption of a CO Zone in defiance of the court order and, if the area is rezoned to CO, he would have no alternative but to take the matter back to Court. lie cautioned the Commissioners to consider what is the highest - and best use of the land and 1) recommend CH zoning for the subject area, or 2) take no action and allow:the_CityCouncil or the District Court to; have jurisdiction. Commissioner Hines asked if the Legal Staff had checked into the legality of. imposing a 70 -day time limit on the City to rezone the subject property. Mr.-Kushnir indicated that it.would be necessary for the City to show -a good faith effort to implement` zoning in order to ask for'an extension of time. Ile pointed out, that. if tho City would not be_granted a,time extension; and would not act before the -70 -day dead)Inc (October 8, 1975), the property;, would be zoned CIL • '-3- operation as it would-be a substantial nuisance to "planned" residential use and "possible" recreational use. 2. Suggest that the area ,not be-rezoned-until Phase Two of the River -. Corridor Study is completed (tentatively October 15th). 3. ''Suggest that the area not be rezoned until provisions are made forbufferingor screening the area on the western, northern and southern boundaries and for the control of blowing sand particles (this would benefit both existing residences there and any future recreational use). - 4. Indicate that we envision no serious,potential conflicts between - the proposed use and plans for City land adjacent to that area. S. Express our concurrence with the County Zoning Commission in recommending-the-rezoning of the property as requested. Commissioner Patricia; Cain �V MINUTES IOWA CITY,HOUSING COMMISSION - AUGUST 22, 1975 - DEPARTMENT OF COMMUNITY DEVELOPMENT CONFERENCE ROOM - -MEMBERS PRESENT: Branson, Fountain, Hibbs, Retish. MEMBERS ABSENT: Bosserman, Kamath;'Sheets. -= CITY STAFF PRESENT: Seydel, Hillis. - GUESTS PRESENT: Jim Mullendore. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Branson called the meeting to order. Fountain moved that the minutes of the meeting of August 13, Motion passed 1975; be approved. "Hibbs seconded the motion. unanimously. Seydel reported on the status of the present and proposed projects. 1. The request for conversion of Project IA 22-2 to';Section`8`has been submitted to HUD. It is have the revised anticipated that Old Capitol will ten days. joint meeting drawings ,ready _within _A Design -Review. of the Housing_Commission_and Committee will then be held to review the plans. 2. The request to convert Project IA 22-1 must be filedby September 2-1975.-` Seydel will -determine during the first which units are to be converted withdraw the units from the, FY 1976 six months,` budget and preparea revised budget for Section 23 and a budget for Section 8 units.` 3. The staff is working on a plan to support an application for. unite new conetruct:ian under _100 Section 8. This application must be filed by September 19,;1975.