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Home My WebLink About1975-12-16 Bd Comm minutesMINUTES IOWA ;CITY ;PLANNiNG AND ZONING COMMISSION )CCEMBER,4. 1975 -- 4:00 P.M. CIVIC CENTER COUNCIL. CHAMBERS - MEMBERS PRESENT: Ogesen, Cain, Jakobsen, Madsen, Blum MEMBERS ABSENT: Larew, Hines ---STAFF PRESENT: Schmeiser, Child RECOMMENDATIONS TO THE CITY COUNCIL: 1. To approve S-7524, revised preliminary plat of Streb South Industrial iCRI&P Rail - Park located east of South Riverside Drive, south of the road, and westof the Iowa River. ndustrial Park• -St South Industrial-Park- 2, To approve S-7526, final plat of , 2. 3. To approve 5-7525, final plat of Washington Park Addition, Part 9, h non Drive and norto located east of Mount Verf Princeton Road. • REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: 1. That the comments from the Director of Public Works be put in writing.- - f 2. That the Legal Staff and the'Director opother pW eliminary'subdivision -comment regarding when the submittal of another plat should and should not be reouired. LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: 1• 72-04. Board of Adj uatment Appeal Amendments. 2, P-7317. Creation of a University Zone (U)• MH 3, P-7410. Creation of a Mobile Home Residence Zone (1) 4. C-7405. Objections to prohibited and non -conforming signs. Council referral: 11/6/74- 5. P-7403. Revision of Ml and M2 Zones. • sZ • Chairman Ogescn called the meeting to order and asked if there were any the November 6, 1975 ,Planning corrections oradditions to the minutes of A motion was made by Cain, seconded by and Zoning Commission meeting. recommend `approval of the minutes as written. The motion Madsen, to carried unanimously. 5-7524. -Revised preliminary -plat of Streb South Industrial Park located CRIFIP Railroad, and west of cast of South Riverside Drive, south of the filed: 11/11/75; 45 -day limitation: 12/26/75. the Iowa River; date Mr. Robert N. Downer, attorney representing Streb South Industrial Park, He statedthat the Riverfront urged the Commission to act on the request. approval of the original preliminary plat as Commission had recommended filed. - — — Mr. Don Schmeiser, Senior Planner, stated that the minor discrepancies in Commission should the final plat had been corrected -and that the Y of the Subdivison Code. { consider waiving Section 9.50 .5A.4.j. A motion was made by Madsen, seconded by Blum, to recommend to the City of-Streb South Industrial Council approvalofS-7524, revised preliminary plat Drive, south of the CRI&P Railroad, Park located east of South Riverside that the Commission waive ,Section 9.50.5A.4.j. • and west of the Iowa River, and lot angles. The motion carried unanimously. oftheSubdivision Code regarding Final of Streb South Industrial Park; date filed: 11/21/75; S-7526. plat 45 -day limitation: 1/5/76. A motion was made by Cain, seconded by Jakobsen, to recommend to the Streb South Industrial City Council approval of S-7526,' final plat of Commission waive Section 9.50.5A.4.j. of the Subdivision Park, and that the lot angles.- The motion carried unanimously. _. Code regarding Commissioners requested the city Staff to notify the Riverfront _Commission regarding Streb South of the Planning and Zoning Commission's action it was determined that _- After P$Z Commission Industrial Park.review, the recommendations of the the subject request was in ,compliance with Riverfront Commission. 5-7525. Final plat of Washington Park Addition; Part 9, located east of date filed: 11/18/75; Mount Vernon Drive and north of Princeton --Road; 45 -day' limitation: 1/2/76.' Don Schmeiser explained that the Commission could recommend approval of a from the preliminary plat. The ght deviate final plat even though it mior has the alternative, he said, of approving • Commission and Council v the basis of how extensive they feel the deviation denying the request on -z- - 5. Old Business. a. Code Revisions. A special meeting to discuss code revisions will be held - November 25th at 7:00 P.M. in the Community Development Conference Room. b. Meeting Time. -. The regular meeting time will remain the same for now. Special evening meetings will be called to discuss important - and lengthy topics 6.- Hibbs moved that the meeting adjourn. Sheets seconded the motion. Motion passed. Next Regular Meeting ---December 3, 1975 Special Meeting ---November 25, 1975, 7:00 P.M. Approved<�(l� i u n Ulm • i 1j •MINUTES 01' '1'111: UESIGN RCV197SCOMM1TfI:E 4;00 p.m. - December 10, Engineering Conference Room Eshin, will,, Louis, Alexander, Seiberling, summer Gutheinz, Wegman, Sinek, Nowysz, Lilly, Hartman M1S111L•R$ PRESENT*. {aupert, Lafore, Wockenfuss PTEMBERS ABSENT: Brei CITY STAFF PRESENT: Plastino, Dietz, Sullivan, OTHERS PRESENT: Michelle Fisher RECOMMENDA'T'IONS TO _CITY MANAGER Review Committee's functions in Comprehensive Plan. 1 To include Design required on this. City Council action is req ed to and Community Development 7, That the Design Review Committee's Resolution 74-48 is enlarg • include all projects under the (lousing Act of 1974. DISCUSSION the tentative sequence A Dick Plastino began the meeting by presenting of events for Design and Review. (see attached memo) - 1. amenities plan is a basis It was agreed that Welton-Becket starting point.- 2. Consultant will"meet with Engineering and Design Review Committee separately. t 3. Selection of a committee to and Don consultant includes Sinek Gene Dietz, Paul Alexander, ower including informational B. There was a discussion of ordinance p memos from Bruce Tlaupert and John Hayek. ,(see attached memos) 'hitectual I, The Committee felt theat the first sep ComprehensivetPlanninrthattheTComprehensive I- was throughobjectivethrough which the Committee c outld Plan would provide s exander and seconded by was bin work. A motion was made by ee function in include CommittComprehensive Plan. Motion • carried unanimously. - • STAFF REPORT Zoning Commission Planning & December 18, 1975 co meeting has been nd Zoning An informal Planning and Tuesday, December 16, 1975. the Please ' City scheduled for 4:00 P.M. Place has been changed to note that the meeting Conference ROOM. Nana er's • Tentative Agenda Planning and Zoning Commission Iowa City, Iowa December 16, 1975 == 4 p.m. City Manager's ConferenceRoom A. Call to Order by Chairman B. -Roll Call C. -Consideration of Minutes of meeting held on December 4, 1975. D. Zoning Item: Z-7509. Rezoning of tract of land, RIA to CO, on southwest corner of intersection of old Dubuque Road and Highway #1. Request made by Sladek and Lynch. Date filed: 12/1/75. Forty-five day limitation: 1/15/76. E. Subdivision Items: S-7527. Sixth Addition to Bel Aire Addition, Final plat.` . West of First Avenue and north of City High School Athletic Field. Submitted by Iowa City Development Company,' Edward Lucas, Attorney. :Date filed: 12/1/75. Forty-five day limitation: 1/15/76. S-7528. 'Village Green, Part 5, Final plat.- Located south of Village Road and east of Village Green, Part 3. Submitted by Iowa City Development Company, Edward Lucas, Attorney. Date filed: 12/1/75." Forty-five day limitation: 1/15/76. F. Discussion Item: Proposed widening of Muscatine Avenue. Presentation by Dick Plastino, Director of Department of Public Works._ G. Other Business -- Consideration of January meeting dates.` H. Pending ItemsC- 1. Z-7508. McFall, Shubatt:rezoning, Cl to M1. Rectangular tract, 134' x 650', :located on South Riverside Drive immediately south of Streb-South Industrial Park. Requested. by Jim McFall and `Jack :Shubatt; Robert N.:Downer, ,,Attorney. Date filed:: 10/28/75.` Forty-five day limitation: waived. Referred to:Riverfront Commission: 11/20/75. 2. Consideration of an 'amendment to Chapter 9.51 of tb_e -- City Code which would allow minor modifications of LSRD plans to be made without resubmittal of the: plans for approval` by the P&Z Commission and the City Council. - •; Pending Items - Cont'd. 3. P-7317.Creation of University Zone (U) 4. C-7405. Objections to prohibited and -non -conforming - signs in Sign Ordinance. Council referral 1/10/75". 5. Z-7502. ,Rezoning of three sub -areas in northern I. sector of original R3A Area Study. 6. 5-7505. "1750 Rochester" - preliminary plat (vic. 1700 block on north side of Rochester Avenue). PAD submitted by -Plum Grove Acres, Inca -P&Z referred to Parks and Recreation Commission. _Date filed 4/21/75. Forty-five day limitation: waived: 7. P-7503. Revision of M1 and M2 Industrial Zones. Initiated by_P&Z. 8. Z-7507. Consideration of zoning change to accommodate Housing for Elderly as a Special Use. Initiated by P&Z: 9/11/75. 9. ,Z-7426: Rezoning of tract, CH to'C2, east side of First Avenue north of American Legion Road. - Requested by John Lee and Harding Construction Company. Date- filed: 11/26/74 10." 5-7510. Large Scale, Residential Development -- Prelim- inary and Final Plats.'- Elderly Housing Project on northeast corner of Dubuque and Court Streets. Submitted by Old Capitol Associates. Date filed: 7/2/75. Forty- five day limitation: waived. 11. Possibility of residential uses in CO Zone as a special - use. Initiated by P&Z. 12. Request of a status report concerning a program be established to define and identify;_buildings-and neighborhoods of historical or architectural signif- icance andpossibilitythat provisions'be -incorporated into -City Code to preserve and protect these sites. Request made to City Council: '9/26/74. 13. Request for a no -action policy on River -Corridor until final action on River Corridor Study. :Request made by Riverfront Commission: 5/29/75. - 14. Valley Plain (VP) and Valley Channel (VC) Zones to be ' • shown on Zoning Map for entire length of Iowa River within corporate limits of Iowa City. 'Initiated by P&Z. I. Adjournment Regular meeting - December 18, 1975 SLADEK & LYNCH •_Lawrence L. Lynch '._ ATTORNEYS AT LAW John R. Sladek 1222 ROCHESTER AVENUE IOWA CITY, IOWA 52240 Area Code 319 351.1056 November 19, 1975 City of Iowa City Planning and ZoningfCommission Civic Center Iowa City, Iowa 52240 Gentlemen: _ Find attached heretoanApplication property within the limits of Iowa City from R1A property lies to Rezone North just south of Interstate 80 on`Hi to CO. ,This from out of Iowa City It is approximate) ghway 1 leading the Howard Johnson's Motel. mately quarter surrounding the area are As you are mile probably aware, � some residential homes and some farm land. • law practiIt is the desire of this law office to house our ce on the site described at this tir.:e that the in the application. sufficient maximum size of the building would We anticipate._ to house an eight -man law office g would be designed for a four -man law office. ,:but be will be The building will be architectuall back in the trees near the will of Old tec Highway 1, y designed to sit Dubuque Road and then realize If You are familiar with the tract in that a ravine. runs through the southerl question, you the property and t. far takes _up :the vast_ area of_ shown ,on the Tact. Y portion of onthenortheast However, We do --feel the 1.5 acres as parkin place a there :is sufficient room' g - for our long range law office and have ample g Plans. this rezoning We would appreciate any consideration which e g and also would like to be notified yOII can y be held or of an give discuss with any °PPortunities you will Y hearings site: You more fully ourPlansfbr building to come g on this (� 22 Yours truly, L[ n SLADEK 6 LYNCH L DE -C 1 gro LLL:rjs�ABBI S O FU_ •--�;:_ � �-��, ±� Enclosure Lawrence CITY C r.K L. - Lynch STAFF 'REPORT Planning and Zoning Commission December 18, 1975 SUBJECT:Z-7509. Application submitted by Sladek and Lynch to rezone a tract - of land located west of the inter- section of Old Dubuque Road and Highway #1 from an RIA SingleFamilyResidence Zone to a CO Commercial Office _Zone; date filed: 12/1/75; 45 -day limitation: 1/15/76. STAFF Attached hereto is a letter dated ANALYSIS:_ _ November 19, 1975, -from Sladek and Lynch,.attorneys at law, stating the principal purposes upon which the subject application is based. The 1.5 acre tract is presently ; located in an undeveloped area of the City zoned RIA. The closest land uses to the site are single family residences to the southwest along Highway 1 and.across Old Dubuque Road to the north. The area possessesruggedterrain and dense vegetation. • Previous land use planning studies including the comprehensive plan "Land Use and Zoning" report prepared -by Harland Bartholomew and Associates in 1961 the "North Side Study" prepared by the Planning Department -in -19681 and the "Land;. Use Plan_for the Metropolitan Portion of Johnson County" prepared by the Johnson County Regional Planning Commission_ in 1973, are consistent -(or - persistent) in the proposed future development of the area at the intersection of Old Dubuque Road and Highway 1. Although - the official status of these reports is questionable, since none were "adopted" by theCityCouncil,' the District Court in and for Johnson County in Plum Grove Acres, Inc'. vs City of Towa City did recognize the North Side Study as a "comprehensive Fla p -sufficient validity to form the basis for the estab- lishment of zones within the area. Specific policies outlined in the report state "Commercial development along North Dodge Street/Highway l will be limited to the area between Praire _du Chien Road and Old Dubuque Road on the north side of the highway" and "commercial development in the vicinity of the I-80/Highway 1 interchange will be permitted". Such policies are not inconsistent with the other two planning studies. -- Spot' zoning,` in a legal sense, 'results when'a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on -the surrounding property. _ Keller vs. City of Council Bluffs, supra, 246 Iowa `at 206, 66 N.W. 2d • at 116. If the ordinance' constitutes piecemeal or haphazard zoning of a small tract of land similar incharacterand use to the surrounding property for the benefit of the owner, and not -2 - pursuant to a comprehensive plan for the general -we y, unreasonable and invalid. Anderson community it is arbitrar 1682d at :744. vs. City of Cedar Rapids, supra, _N.W• There is little doubt that the applicant is requesting spot zoning - 1.5 acres zoned CO in an area zoned RIA`. It would - appear sincesacemalhtract on uof land simld be alarainncharacvalid tertand use courts - property would_be_zoned for the benefit of to the surrounding_ursuant to a comp rehensive-plan for the the owner and not p general welfare of the community. Such spot coning could, however, be considered valid if there is_a reasonable basis for making the distinction between the spot zoned and the surrounding property. Keppy.vs. Ehlers, 00. As in the case supra, 253 Iowa ;at 1023inllcenter,Zatais2in certain instances of a neighborhood shopp g to accommodaiovidehmaximumiservicewithin highly desirable to the residential neighborhood to p neighborhood. however, little basis for singling out the particular There is, from several of the adjacent property petitioned for rezoning The implied intent of the areas in the vicinity for CO Zoning• CO commercial office Zone was residential cm z nesa(Staff1Report, aMay 9, between lication of such districts for 1974) -- a highly desirable.aPP standpoint office use from .a planning -standp Based upon the above analysis, it STAFF is the Staff's recommendation the RECOMMENDATION: subject application be denied. STAFF REPORT Planning and Zoning Commission December 16, 1975 SUBJECT: 5-7527.. Final plat of Bel Aire Addition, Part 6 located west of First Avenue and north of the City High School Athletic Field; date filed: 12/1/75; 45 -day limitation: 1/15/76. The subject 8.48 acre proposed STAFF ANALYSIS: subdivision consisting: of 22 lots for -single family development_' was submitted by Iowa City Development Company. The preliminary plat of the subject addition was analyzed in a StaffReportdated May; B, 1975. Planning and EngineeriaDandg ions, minor Upon review by the ddiscrepancies deviation from the approved, plat with the regulations of the Subdivision Code were noted as follows: 1. The easterly boundary line of the subject addition should be extended to the existing westerly right- of-way line of First Avenue. To maintain a uniform 66 foot right-of-way width -along the extremity of First Avenue, a strip of land 13 feet in width along the existing westerly right-of-way line of First Avenue should be dedicated to the City. The plat, therefore,should indicate "13 feet dedicated to Iowa City for street' purposes". 2. The 10 foot sanitary sewer easement located between Lots 22 and 23 does not conform with the existing location of the sanitary sewer, The easement, there- fore, should be described accordingly. 3. The angle of intersection of the side lot lines common to Lots 18 and 19, 2 and 3, 3 and 4, 4 and 5, and 5 and 6 with Heather Drive should.be noted. 4. Distances along the graphic scale should be noted. STAFF It is the Staff's recommendation that consideration for approval RECOMMENDATION: - of the subject plat be deferred pending revision of the plat to alleviate the above noted discrepancies. • STAFF 'REPORT --Planning and Zoning Commission `December 16, 1975 SUBJECT: S-7528. Final plat of _Village Green Addition, Part 5 located - --south-of;Village Roadandeast` of Village Green Addition, Part 3 -(Guildford Court); date filed: 12/1/75;'45 -day limitation: 1/15/76. - STAFF The subject "4.46 acre subdivision ANALYSIS: consisting of -13 lots for single - family development was submitted by Iowa City, Development Company. The preliminary plat of the subject addition wasanalyzedin a Staff Report dated September 11, 1975. The final plat does not deviate from the approved preliminary plat anduponreview by the -Planning and Engineering Divisions, isfoundto comply with all the requirements of the Subdivision Code with the exception of the bearing or angle of intersection of Tyler Court with Village Road. STAFF It is the staff's recommendation - RECOMMENDATION: that consideration for approval of the plat be _deferred until the centerline bearing of Tyler Court at Village Road is noted on the plat. = •