HomeMy WebLinkAbout1974-07-23 Bd Comm minutesDEPARTIMEIdT
' DEVELOPMENT
Tentative Agenda
Planning and Zoning Commission
Iowa City, Iowa
July 23, 1974 -- 4:30 p.m.
Dept. Community Development Conference
A. Call to Order by Chairman
B. Roll Call
C. Approval of Minutes
1. Meeting of July 11, 1974
Room
D. Zoning Items
1. Z-7412. Rezoning of a tract of land, RIA to R3A
(vic. south and east of North Dubuque Street and
I-80 interchange, said tract known as Lot 3, Yocum
Subdivision). Request made by Aage Jensen. Date
filed: 7/3/74. 45 -day limitation: 8/17/74.
2. Z-7413. An ordinance to amend the Zoning Code in order
to establish height regulation for buildings in the
R3 Zone.
E. Subdivision Items
1. 5-7410. Bryn Mawr Heights, Part 6. Final plat.
A three -lot subdivision at intersections of Sunset
Street with Penfro Drive and Kineton Green. Date
filed: 6/28/74. 45 -day limitation: 8/12/74.
2. S-7411. Oakwoods Addition, Part 7. Final plat.
West of Helen Lemme School and north of back lot
lines on north side of Washington Street. Date
filed: 7/10/74. 45 -day limitation: 8/24/74.
3. 5-7412. Oakwoods Addition, Part 6B. Final plat.
A replat of Lots 288 through 305 of Oakwoods Addition,
Part 6 (vic. west of Amhurst Street along both sides
of Hastings Avenue.) Date filed: 7/11/74. 45 -day
limitation: 8/25/74.
4. 5-7413. Bryn Mawr Heights, Part 7. Final plat.
West of Sunset Street and south of Bryn Mawr Heights,
Part 5. Date filed: 7/11/74. 45 -day limitation:
8/25/74.
® F. Other Business
1. Naming of old First Avenue.
G. Discussion Items
1. Z-7411. Ordinance amending sign regulations.
Council referral: 5/11/74.
2. P-7407. Creation of Commercial Office Zone (CO).
H. Adjournment.
Regular meeting -- July 25, 1974
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STAFF REPORT
Planning & Zoning Commission
July 25, 1974
SUBJECT: Z-7412. Application submitted
by Aage Jensen to rezone Lot 3
of Yocum Subdivision located
east of a frontage road along
North Dubuque Street and south of the Interstate 80 interchange
on Ventura.Avenue from an R1A Zone to an R3A Zone; date filed:
7/3/1974; 45 -day limitation: 8/17/1974.
EXISTING The subject approximate 22,100
CONDITIONS: square foot lot is located at
the northeast corner of the
intersection of a frontage
road along North Dubuque Street and.Ventura Avenue, a private
unimproved graveled street, north of an existing high quality
single family residence owned by the applicant, west of the Gospel
Meeting Room, and south and east of the Interstate 80 interchange;
can be serviced by sanitary sewer from the east along Ventura
Avenue; and possesses rugged topography and heavily wooded areas
along the north and east lot lines.
STAFF The applicant, due to
ANALYSIS: economic considerations,
proposes to rezone the subject
lot to an R3A Zone for the
purpose of constructing an eight unit multi -family building.
Unless it can be determined that all economically feasible uses
of the lot are denied by established regulations or that conditions
in the general area of the lot have changed sufficiently that the
lot cannot be developed under the present zoning, there is no
justifiable basis for granting a rezoning request contrary to
existing future land use plans.
Zoning is essentially a means of ensuring that the land uses of
a community are properly situated in relation to one another and
that by control of development density, property can be adequately
serviced by such governmental facilities as the street, school,
recreation, and utilities systems. For these reasons, a zoning
ordinance is more likely to be on a sound legal basis when it is
based on a carefully conceived land use plan. In Iowa, this is
particularly true, since the State Enabling Act requires that
zoning established within a community be in conformance with an
adopted comprehensive plan. The intent of the state legislation was
to avoid the special danger of allowing local legislative bodies
to give arbitrary and discriminatory treatment to certain individual
property owners. Rezoning becomes a necessary alternative only when
the effective utilization of property is prohibited.
The Preliminary Land Use Plan adopted by the Johnson County Regional
Planning Commission indicates that the southeast quadrant of the
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intersection of Dubuque Street and Interstate 80 be developed for
residential use at densities of three units or less per acre.
Other than for reasons of rugged topography or the extensive
tree cover, the low degree of access to mass transit (existing or
proposed), the distance to convenience -type shopping services, and
a policy for North Dubuque.Street at Interstate 80 to remain
relatively "open" as an aesthetic entrance to the urban area
were major considerations in favor of a low density of development
in the general area of the subject lot.
There presently exists a single family home on the subject lot
leased out by the applicant. Considerable expense would be
incurred in razing the existing house and building a new residence.
Certainly a much greater return would be realized by constructing
a multi -unit building. Although not as economically feasible,
there is no apparent validity that the lot cannot be developed
(or utilized) for economical uses permitted in the R1A zone or
for the same uses intended when the Yocum Subdivision was platted.
According to zoning law, there is no reason to deny one applicant
certain rights which heretofore have been granted under the same
conditions. In other words, if a request is granted to rezone one
lot for a different use, the same right is sustained for similar
requests. Conceivably, much of the Yocum Subdivision could be
converted to a high density area placing an excessive burden on
governmental facilities and on the remaining single family homes
by adversely affecting the liveability of the residents who had
relied on the assumption that the entire area would be single
family.
Conditions within the area of the subject lot have not sufficiently
changed. The establishment of Interstate 80 and the Dubuque
Street interchange cannot be considered changes, since they were
in existence before Yocum Subdivision was platted. The only
changes which have occurred are as a result of subsequent single
family residential development and a "church" within the Yocum
Subdivision. The high quality residence to the south is an
asset to the area and conducive to the further development of
single family housing. Relative lower quality homes to the east
are visually isolated from the subject lot and seemingly would not
be considered a determent to new single family construction.
STAFF
DATION:
future land use plans, it is the
cation be denied.
STAFF
COMMENT:
Since for the above reasons,
there is insufficient
justification for rezoning
the lot contrary to established
staff's recommendation the appli-
The existing natural vegetation
on the north and east sides
of the lot provides an excellent
screen from traffic noise on
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Interstate 80. Though rather severe changes in topography exist,
the buildable area of the lot is high and relatively flat pro-
ducing a setting with southern exposure most desirable for a
single family home.
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DATE: July 25, 1974
TO: P&Z Commission Members
FROM: Don Schmeiser, Associate Planner
RE: Z-7413. Height Regulations in the R3 Zone.
Attached hereto is a proposed ordinance establishing
height regulations for buildings in the R3 Zone.
Although it was intended that the site and structural
requirements be the same as for the R2 Zone, height
requirements were never adopted.
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Commi s s ion
SUBJECT: S-7410. Final Plat of Bryn
Mawr Heights, Part Six,
located at the intersections
of Sunset Street with Penfro
Drive and Kineton Green. Date filed: 6/28/74; 45 -day limitation:
8/12/74.
STAFF The subject three -lot subdivision
ANALYSIS: submitted by Bryn Mawr Heights
Company consists of 1.47 acres.
The subject addition conforms substantially with the preliminary
plat approved on August 14, 1974 and with the regulations of the
Subdivision Ordinance with the exception of the following minor
notations which should be added to the plat:
1. The dimensions of the utility easement located along the
rear lot line of Lot 236.
2. The name of the street located north of Lot 232.
3. The location of existing lot markers.
4. Indication on the plat that the subject addition is a
"final plat".
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OWNER & SUBDIVIDER
Mawr Hgts . Co .
Af -425 Highway #1 West
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re CURVE y4
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R c 150.00'
T ■ 17.99' NUMBER:
L a 35.82'
r CH■35.73'
ALL
SPECIFIED BY THE LL e UNDERGROUND
THEOWAC TY ODSCALE- FEET
50 O 100 2
BRYN MAWR HEIGHTS.PART SIX
I certify that during the month of -December. 1973 at the direction of the
owner, I subdivided the tract of land platted hereon into,lots and streets
as shown, and the boundaries of the tract are as follows:
Commencing at the Wj corner of Section 16, T79N, R6W of the 5th P.M.;thence
south, 870.56 feet; thence east 280.02 feet to the point of beginning; said
point of beginning being on the west line of Bryn Mawr Heights, Part One,
an addition to Iowa City, Iowa; thence S 890 31' 33" W, 142.78 feet; thence
N 740 24, 4711 W, 36:50 feet; thence.N 870 54' 40" W, 142.96 feet; thence
S 20 05' 2011 W, 145.00 feet; thence S 870 54' 40" E, 102.00 feet; thence
Wthwesterly 68.99 feet on a 715.00 foot radius curve concave northwesterly;
ence S 630 13' 44" E, 71.31 feet; thence S 740 13' 50" E, 120.00 feet to
a point on the west line of Bryn Mawr Heights, Part Two, an addition to
Iowa City, Iowa; thence N 150 46' 1011 E, 148.80 feet on the west line of
Bryn Mawr Heights, Part Two, to the northwest corner of said Part Two and
the southwest corner of Bryn Mawr Heights, Part One; thence N 90 14, 05" E,•
125.13 febt on the west `line.of_Bryn Mawr.Heights, Part One to the point
_ 9i• },crrifininn:--:9r13d =,tiaflA*..-.AAii'i-Hiii�i'iPE _i;i:
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OWNER & SUBDIVIDER
Mawr Hgts . Co .
Af -425 Highway #1 West
i s r°' Iowa City, Iowa
re CURVE y4
brs
--
e it 13040'50"€
R c 150.00'
T ■ 17.99' NUMBER:
L a 35.82'
r CH■35.73'
ALL
SPECIFIED BY THE LL e UNDERGROUND
THEOWAC TY ODSCALE- FEET
50 O 100 2
BRYN MAWR HEIGHTS.PART SIX
I certify that during the month of -December. 1973 at the direction of the
owner, I subdivided the tract of land platted hereon into,lots and streets
as shown, and the boundaries of the tract are as follows:
Commencing at the Wj corner of Section 16, T79N, R6W of the 5th P.M.;thence
south, 870.56 feet; thence east 280.02 feet to the point of beginning; said
point of beginning being on the west line of Bryn Mawr Heights, Part One,
an addition to Iowa City, Iowa; thence S 890 31' 33" W, 142.78 feet; thence
N 740 24, 4711 W, 36:50 feet; thence.N 870 54' 40" W, 142.96 feet; thence
S 20 05' 2011 W, 145.00 feet; thence S 870 54' 40" E, 102.00 feet; thence
Wthwesterly 68.99 feet on a 715.00 foot radius curve concave northwesterly;
ence S 630 13' 44" E, 71.31 feet; thence S 740 13' 50" E, 120.00 feet to
a point on the west line of Bryn Mawr Heights, Part Two, an addition to
Iowa City, Iowa; thence N 150 46' 1011 E, 148.80 feet on the west line of
Bryn Mawr Heights, Part Two, to the northwest corner of said Part Two and
the southwest corner of Bryn Mawr Heights, Part One; thence N 90 14, 05" E,•
125.13 febt on the west `line.of_Bryn Mawr.Heights, Part One to the point
_ 9i• },crrifininn:--:9r13d =,tiaflA*..-.AAii'i-Hiii�i'iPE _i;i:
SUBJECT:
date filed: 7/10/74; 45 -day
commission
S-7411. Final Plat of Oakwoods
Addition, Part 7, located west
of the Helen Lemme School and
north of Washington Street;
limitation: 8/24/74.
STAFF In reviewing the subject
ANALYSIS: 37 -lot addition to determine
whether it was in substantial
conformance with the preliminary
plat approved on October 9, 1973, the staff noticed that several
changes were made. The Subdivision Ordinance states: "in the
event the preliminary plat is approved and the final plat sub-
mitted does not deviate from the preliminary plat and inspection
by the City of Iowa reveals that all plans and specifications
for the construction of.improvements as required by the City
have been met, the final plat must be approved unless both the
City and the owner waive this requirement in writing". Lots
356, 357 and 358 have been reorientated and a considerable shift
in lot lines and street locations have been made which raised the
question of whether the final plat did not, in fact, "deviate"
from the approved preliminary plat.
The plat conforms with the requirements of the Subdivision Ordinance
with the exception of the following additions and corrections
which should be made:
1. The southern boundary line, which is common to the rear lot
lines of Lots 355 through 359, shows a bearing different
from the same boundary line in Oakwoods, Part 5. A notation
to this effect or a correction in the boundary line should
be made.
2. Unless it was intended that the 47.50 foot westerly boundary
line along Westminster Street be a straight line tangent,
the curve data should be indicated.
3. Accurate reference to some corner of the congressional
division of which the addition thereto is a part should be
indicated.
4. The extension of Hastings Avenue in Oakwoods, Part 6B should
be illustrated. It is highly recommended that the replat of
Oakwoods, Part 6B be approved prior to or simultaneously
with the subject addition to insure that Hastings Avenue
is extended east to Amhurst Street.
5. The name Hastings Avenue should be indicated on the plat.
6. Street lines with angles to lot lines should be indicated.
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7. A marker should be illustrated at the intersection of the
lot line common to Lots 336 and 337 with Penn Circle.
8. A graphic scale should be illustrated.
9. All utility easements should be illustrated and described.
10. Angles at street intersections indicate a right-of-way width
of 50 feet + at the intersection of Westminster Street with
the westerly boundary line, Creighton Street, Penn Circle,
and Hasting Avenue. Exact widths at intersections should
be indicated.
11. The northerly lot line of Lot 337 should have a distance of
86.70 feet as indicated on Oakwoods Addition, Part 6B.
12. Indication that the plat is a "final plat" should be given.
The Subdivision Ordinance specifies: "side lines of lots shall
approximate right angles to straight street lines and radical
angles to curved street lines except where a variation will
provide better street and lot layout". Very few side lot lines
illustrated approximate right angles to straight streets or are
perpendicular to the tangency of curved streets, and it is
questionable whether a more desirable lot layout has resulted.
The Subdivision Ordinance also states that intersections of
street center lines should be between eighty (80) degrees and
one hundred (100) degrees. It would appear by reference to
the plat the intersection of the street lines of Penn Circle
and Westminster Street is less than 80 degrees although the
land surveyor has indicated the angle to be 82 degrees. The
alignment of Penn Circle differs considerably from the approved
preliminary plat resulting in a street alignment less than
desirable in any case.
It would be desirable to rename Creighton Street which has a
meandering horizontal alignment to "Creighton Drive" in
conformance with the City's "street naming classification
system". Creighton Street extends south one -lot depth to
intersect with Washington Street.
STAFF
RECOMMENDATION:
above have been discussed with the
The staff will refrain
from submitting a recommen-
dation until several of the
relevant matters mentioned
Planning and Zoning Commission.
STAFF Sanitary sewer facilities
have been installed within
COMMENT:
the subject addition according
to the alignment of streets
illustrated on the final plat. The question concerning a deviation
from an approved preliminary plat should be resolved by imple-
menting more specific criteria on the degree of change permitted
from a preliminary plat.
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SUBJECT:
of Amhurst Street and north
7/11/74; 45 -day limitation:
Commission
S-7412. Final Plat of Oakwoods
Addition, Part 6B, a replat of
Lots 288 through 305 of Oakwoods
Addition, Part 6, located west
of the Helen Lemme School; date filed:
8/25/74.
STAFF In order to provide a direct
ANALYSIS: connection between Amhurst
Street and the future extension
of Westminster Street proposed
in oakwoods Addition, Part 7, and to establish a walkway for access
to the Helen Lemme School from the north, Oakwoods Development
Co. Inc. has submitted the subject replat. All right-of-way
heretofore included within a cul-de-sac previously named Marquette
Circle in the 6th addition has been vacated by the City.
The subject 18 -lot replat conforms with the requirements of the
Subdivision Ordinance for a final plat with the exception of the
following minor items: ,
1. All bearings in the boundary of the resubdivision should be
indicated.
2. Accurate reference to some corner of the congressional division
of which the addition thereto is a part should be indicated.
3. The boundary line along the rear lot line of Lot 296 should
be corrected to indicate a bearing of "N.76°05'W".
4. All utility easements illustrated on the plat should be
labeled.
5. Street lines with angles to lot lines should be indicated.
6. The length of the lot markers should be indicated and consist
of 1/2 inch iron pins rather than 1/2 inch metal pipe.
STAFF It is the staff's recommendation
RECOMMENDATION: that the replat be approved
if the above items are indicated
on the plat.
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Part Five; date filed:
STAFF
ANALYSIS:
density of 3.25 lots
Of 9,000 square feet,
lot size requirement
5-7413. Final Plat of Bryn
Mawr Heights, Part Seven,
located west of Sunset Street
and Suth of Bryn 7/11/74; 45- ay limitation: 8/25/74eights,
The subject 27 -lot addition
submitted by Bryn Mawr
Heights Company consists
8.acres
per acre. Sincefthe3smallestfor lotaconsistse
the lots more than exceed the minimum
Of 6,000 square 'feet for the R1B Zone.
The subject plat conforms substantially with the preliminary
approved on August 14, 1974 and with the requirements of the plat
Subdivision Ordinance with the exception of the following minor
notations which should be added to the plat:
1. The length of a utility easement extended into Lot 208.
2. The location of existing lot markers.
STAFF
RECOMMENDATION: It is the staff's recommendation
the final plat be approved if
the above notations are included
on the plat.
STAFF
COMMENT:
Bryn Mawr Heights, Part Seven
is the last of three final plats
which together comprise the
preliminary plat of Bryn Mawr
Heights, Part Five.
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�- CURVE 4 DATA (R)- RADIAL LINE
6-- 13040'50" SUNSET ST. - £CURVE DATA
R a 150.00, -_ �► 6 = 280 18.00"
_ R = 750.00'
DATE:
July 25, 1974
TO: P&Z Commission Members
FROM: Don Schmeiser, Associate Planner
RE: P-7407. Creation of a Commercial Office Zone (CO).
Attached hereto is the third revision to proposed
regulations creating a Commercial Office Zone.
The only changes from the second revision included
in the July 11, 1974 Staff Report are in the uses
permitted (8.10.11.1) and in the height regulations
(8.10.22.A.1) as discussed by members at the informal
meeting on July 9th.
DS:sc
E
Ll
CHAPTER 8.10
ZONING ORDINANCE
Sections: (adding thereto)
8.10.11.1 CO Zone Use Regulations
8.10.4 DISTRICTS AND BOUNDARIES THEREOF
A. (adding thereto)
CO - Commercial Office Zone
8.10.6 VALLEY CHANNEL AND VALLEY PLAIN ZONE USE
REGULATIONS
D.2. (adding thereto)
(P) VP(CO); the uses
8.10.11.1 CO ZONE USE
Premises in the CO
used for the fo
1. Office bu
on—c— e
and no st
customers
uses nerm
(a)
(b)
(c)
(d)
(e)
(f)
(h)
(i)
2. Rel
3. Dru
pha
4. Cor
C-:
d by 8.10.11.1
REGULATIONS
Commercial Office Zone shall be
purposes on y:
s in which no activity is carried
retail trade wit t e enera lic
-goods is maintaine or sa a to
as
Professional services.
Finance, insurance, and
excluding rive-rn ac,
. orrice
al estate services,
res.
%.antral or aaministratrve o ices.
Business and mana ement consu ting services.
Consumer and mercantile cre rt re or 3.n
services; a �ustment an co ectron services.
Employment- services.
esearc ani testing services.
elfare and charitable sere ci es.
etectrve and protective services.
ious activities.
re, limited to the sale of drugs and
uncal products
ve optical and prosthetics su ply store.
8.10.19 ADDITIONAL REGULATIONS
II. The special uses, the conditions that must be
® observed, and zones in which such uses will be
allowed are:
-2- -
USE SPECIFIC CONDITIONS ZONES
Commercial Shall not be located Any
greenhouses and closer than 25 feet from except
nurseries an 'R' Zone property line R, CO, ORP
Commercial NONE C
recreational
activities except
CO
Trailer camps 1. All inhabited trailers C
in the City shall be loca- except CO
ted in a trailer camp.
2. Trailer camps shall pro-
vide 3000 square feet of land
area for each trailer.
3. At least 20 feet shall be
maintained between trailers.
4. All trailers must front on
a paved road having not less
than 12 feet of clear, unob-
structed roadway at all times.
8.10.22 HEIGHT REGULATIONS
A.1. In RIA, RIB, R2, CO and CH Zones, said buildings
shall not exceed two and one-half (2h) stories and
shall not exceed thirty-five (35) feet; except that
a building on a lot in the CO or CH Zone wit in
45 feet of t e si e.lot hne o a lot wath an
existing residentialbuil ing in an R Zone' shall
not exceed the height of said residential building.
8.10.23 YARD REGULATIONS
A. (adding thereto)
ONE FRONT YARD TWO SIDE YARDS ONE REAR YARD
HAVING A DEPTH HAVING A WIDTH HAVING A DEPTH
ZONE OF OF OF
CO 25 feet None None
8.10.24 AREA REGULATIONS
A. (adding thereto)
FRONTAGE WIDTH AREA IN
ZONE IN FEET IN PEET SQ. FT,
® CO None None None
i
C
E
8.10.25 OFF-STREET PARKING SPACE REQUIREMENTS
A.16. For all uses except those above specified when
located in the R, Cl and CH Zones, one space for
each one hundred (100) square feet of floor area;
when located in the CO and C2 Zones, one (1)
space for each three hundred (300) square feet of
floor area.
8.10.26 PERMITTED ACCESSORY USES
A.3. In the Cl, CO, CH and C2 Zones there may also be
a use of not to exceed forty (40) percent of the
floor area for incidental storage.
CHAPTER 8.12
SIGN STANDARDS
Sections:
8.12.7 Cl and CO Zone Regulations
8.12.7 Cl AND CO ZONE REGULATIONS
B.3. Alia sign not to exceed sixty-five (65) percent
of the maximum square footage allowed for facia signs
in Cl or CO Zones shall be permitted in those
instances w— eFi-re a commercial business or office
shall have frontage on two intersecting streets.