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HomeMy WebLinkAbout1973-04-24 Bd Comm minutes.� i Minutes Planning and Zoning Commission Special Meeting DepartmentalConference Room -- Civic Center 4:00 p.m. - April 17, 1973 MEMBERS PRESENT: Madsen, Ogesen, Henry, Galiher MEMBERS ABSENT: Davidsen, Beasley, Mulford STAFF PRESENT: Wollmershauser, Child Chairman Madsen called the meeting to order and indicated that would be approval of the minutes of the April 12, 1973 meeting scheduled Planning and Zoning decided at the next regularly meeting, April 26, 1973. Z-7302. Request for rezoning, R1B to R3, by Fanny S. Duffy, for intersection of West Benton Street a parcel north and west of the filed:, 3/7/73. 45 -day limitation: and Orchard Street. Date 4/21/73.' Z-7303: Request for rezoning, R1B to R3, by Everett and Edna ' north end of Orchard Snider for a parcel on the west side of the ',Date 3/14/73. 45 -day limitation: 4/28/73. Street. filed: Mr. Merle Trummel, 314 West Benton, spoke against the rezoning and pointed out that R3 zoning would permit non-residential uses. C2 and He indicated that there are some rather large areas zoned felt the area in question should be no greater in density than Giblin; what R2 zoning would allow. Dr. Ronald D. Carter, 717 reinforced Mr. Trummel's position. Mr. Sharm Scheuerman, representing Ms. Ruth Martin who owns property at the end of Orchard Street, spoke in favor of the is interested in selling rezoning and indicated that Ms: Martin her property as well as obtaining a rezoning., Commissioner Henry questioned whether it might be feasible to study. At this have the rezone request area come under an area he find no overwhelming reason to rezone. time, he said, could It was his feeling that if the area is to be rezoned, it should be done on the basis'of an area study. After further discussion, it was moved by Mr. Galiher and seconded by Dr. Ogesen to deny the request for rezoning, R1B to R3, by the intersection Fanny S. Duffy, for a parcel north and west of The carried, of West Benton Street and Orchard Street. motion 3-1, with Chairman Madsen dissenting. It was moved by Mr. Galiher and seconded by Dr. Ogesen to deny • the request for rezoning, R1B to R3, by Everett and Edna Snider for on the west side of the north end of Orchard Street. a parcel The motion carried, 3-1, with Chairman Madsen dissenting. -2 - After a°brief discussion, it was moved by Mr. Galiher, seconded by Mr. Henry', to recommend to the City Council approval of the Staff Report dated April 12, 1973, entitled "Consideration of Changes in Urban Renewal Plan, City -University Project I, Iowa R-14." The motion carried, 4-0. Mr. Richard Wollmershauser explained that the Proposed Conditionally Permitted Use Provisions was a draft and only a preliminary document to be used for discussion purposes. He indicated that there were some legal discrepancies in the document and it would be necessary to discuss these with the City's attorney, Jay Honohan. After further discussion, it was decided to defer the matter until some of the legal aspects of the document could be worked out with the City Attorney. The Planning and Zoning Commission very briefly discussed the Public Works DesignStandards and decided to consider them at. a later ;date. Mr. Barry Hokanson gave a presentation on the Johnson County Regional Planning Commission Preliminary Land Use Plan. No action by the Commission was taken: A joint meeting of the Planning and Zoning Commission and the City Council was planned for Monday, April 23, at 7:00.a.m. for the purpose of discussing the Braverman -West LSRD.' The meeting adjourned. Lye l Henry, Secretary Is MINUTES Iowa City CATV Committee April 2, 1973 MEMBERS PRESENT: Hubbard, Welsh, Ehninger, Russell, Cordier, Eskin, Prediger MEMBERS ABSENT: Blum, Kril Guests Present: Francis Harnit, 119 S. Dubuque; Ruth Cordier, R. R. 6; Bob Stumme; Scott Schwanke, 5126 Kate Daum; Randy Cramer, 1110 N. Dubuque; Steve Flaherty, 1110 N. Dubuque; Bob Doutremont, 1020 Church; Jan Miller, 801 Woodside, Rev. Welsh .called the meeting to order.- - The minutes of the March 26 meeting were approved as submitted. There were.no presentations from the public attending. The decision was made to keep the meetings on Monday nights at 7:00 P.M. Rev.: Welsh stated that the Committee should make decisions in the following areas on a tentatively working nature: 1. 'Public Service Installations 2. Point -to -Point Services 3., Interconnection Provisions 4. Underground and Aerial Construction The. Committee voted on whether there should be drops to the following public buildings supplied by the franchiser: (te tative votes) Fire Station --6 Yes, 1 Abstaining Police Station --6 Yes, 1 Abstaining Public Schools* --7 Yes Private Schools --5 Yes, 2 No Civic Center --6 Yes, 1 Abstaining Board of Education --6 Yes, 1 Abstaining Public Library --6 Yes, l Abstaining Hospital --6 Yes, 1 Abstaining University of Iowa** --3 Yes, 2, No, 2 Abstaining Court House --6 Yes, 1 Abstaining Mr. Russell pointed out to the Committee that although Coralville, North Liberty, and Hills are in the Iowa City School System, they • are not included in the franchise area. *Drops to be free and free wiring to two areas of each school (to be determined by school system) and other wiring at cost. This includes parochial and private schools. **In some cases, special video cable might be installed to specific University buildings. discussed. Kay�Prediger volunteered to do research on this subject and report back to the Committee at the next meeting. Discussion was held on the arguments of dual vs. single cable. Mr. Stumme stated that the single cable holds an advantage in being ,cheaper where houses are considerably apart, but the dual cable has better quality and is dedicated to return and digital signals. Votes were taken by the Committee on a tentative working nature as follows: Public Service Installations 1. Respective unitso governmental or educational insti- tutions shall designate the location of the installation. 7 Yes votes. 2. Any charge for relocation of such installations shall be char4ed at actual cost plus ten percent 6 Yes, l Abstaining. 3.' Additional installation at the same location may be made at cost plus ten percent. 7 Yes votes. 4. No .monthly service charges shall be made for distribution of thefranchisee's signals within such publicly owned buildings. 5 Yes, 2 Abstaining Interconnections Shall the franchisee be required to interconnect the cable system with all other contiguous cable systems? 6 Yes votes, (one member of those present at the meeting had gone by this time) Suggestion was made that the Council might discuss Coralville and University Heights and any plans they have on cable television. Rev. Welsh reported on the questionnaire received by Mike Holland for the Committee to fill out. The Committee decided to attempt to fill this out, requesting the use of City staff, but in the meantime Mr. Hubbard and Rev. Welsh are to meet with other consultants. The tentative agenda for April 9 is to work on the questionnaire and discuss underground and aerial construction. The meeting was adjourned at 10:15 P.M. • Iowa City Charter Committee April 11, 1973 MEMBERS PRESENT: Meardon, Cain, Welt, De Counter, Knight, Ringgenberg, Baldus, Davidsen MEMBERS ABSENT: Corrigan Staff Present: Rosenstein Guests Present: None Chairman Meardon called the meeting to order at 4:00 P.M. Mr. Meardon distributed'a draft of a letter to Jay Honohan, City, Attorney, requesting his opinion on the legality of Offering alternative propositions, on the ballotalong' with the Charter. The Committee decided to defer requesting Mr. Honohan's opinion of the legality of presenting alternatives until further legal research could be done on this matter. Mr. Meardon further stated that he has informed Mr. Honohan of the Committee's desire to retain Mr. Robert Martineau `for ''legal review of the. Charter and that Mr. Honohan stated that he would present this to Council and would have a report back to Mr. Meardon shortly. Mr. Welt moved that the minutes of the Charter Committee meeting of .April 41 1973, be approved as read. Mrs. Cain seconded .and the motion passed unanimously. Mr. Knight moved that the minutes of the Charter Committee meeting' of April 5, 1973, be, approved as corrected. Mr. Welt seconded the motion and it was passed unanimously. Mr. Meardon announced that the next Committee meetings would be held on April 12, 1973, at 4:00 P.M. and on April 18, 1973, at 4:00 P.M. Discussion was held on the number of districts there should be and how many Councilmembers should be nominated and elected at -large. Discussion was held on who would draw the districts and how they would be drawn. It was agreed that the. City Council had the legal, power to draw the districts and that boundaries should not be, specified in the Charter. Several members mentioned the possibility of recommending the district boundaries to Counc.l in the commentary. Mr. Welt moved that there be three districts. Mr. Baldus seconded the motion and it passed five to three with Baldus, • Welt, Ringgenberg, Davidsen, and De Counter voting for and Knight, Meardon, and Cain voting against. Mr. Baldus.moved that there should be one representative for each of the three districts and four Councilmembers elected at -large. Mrs. Davidsen seconded the motion and it passed six to two with Ringgenberg, Davidsen, Cain, Welt, Meardon, and Baldus voting for and De Counter, and Knight voting against. Mrs. Cain moved that the place system not be used for the four at -large seats (but it would be used for the three district seats, giving each district one representative). Mr. De Counter seconded the motion and it passed seven for and one against with Welt, Meardon, Cain, Baldus, Davidsen, De Counter, and Knight voting for and Ringgenberg voting against. Mr. Welt had to leave at this time. Mrs. 'Davidsen moved that there should be four-year terms with no two-year term and that the terms be staggered so that at one election two at -large and one district representative would be elected and at the next election'two.at=large and two district representatives would be elected. Mr. Baldus seconded the motion and it passed six to one with Meardon, Baldus, Cain, Davidsen,:. Ringgenberg, and Knight voting for and De Counter voting against.,ainst. Mr. Rosenstein brought to the Committee's attention,two.possible points of conflict between the City Code of Iowa and the proposed system of nominating and electing the District Councilmembers.' 1. "Concerning the number required to sign a nomination petition, the City Code of Iowa, in Section 64, provides that a petition must contain signatures equal in number to at least two percent of those who voted to fill that office in the last election. Mr. Rosenstein questioned whether this meant that to get nominated from a district a person would have to get two percent of those who voted to fill that position in the general election, and thus mean that the individual would have to get as many signatures as a person trying to become, candidate for a seat nominated at -large. 2. Concerning the primary election, Section 66 of the City Code of Iowa provides that the Council may decide not to have a primary election. Mr. Rosenstein questioned whether this could be used to 'remove primary election by districts by not having primary elections. Mr. Baldus stated that the drafters of the City Code of Iowa evidently did not have this type of election in mind when it drew these, provisions. Mr. Meardon stated that the basic question was whether these sections are applicable to a Home Rule Charter since it was a special form of government. Mr. Ringgenberg stated that the intent of the writers was to draft the City.Code of Iowa so that it could apply to all communities. Mr. Ringgenberg • stated that it was worth a try to write these into a Charter because' if that's what the Charter Committee wants and what the citizens want, then it should be in the Charter. Mr. Ringgenberg further stated that he did not feel that the Charter Committee's proposals were inconsistent with the intent of the Home Rule Legislation., 1 • Mr. Baldus moved that the Charter prescribe that there should be"no residency requirement to be nominated ;for a district seat. Mr. De Counter seconded the motion. Mr. Baldus stated that from the standpoint of the student, there could be adults who live in other parts of the City who they would want as their representative and the tradition for residency requirements in other districts would label non-residents as carpetbaggers and would result in a protection against non-residents for areas that want residents. Without this some people would either have to move to that area or not run for that seat. Mr. Balduscontinued that geography was not the controlling factor but the allowing of more leverage to the people of an area over their representative. He further stated that a residency requirement would be denying the voters the flexibility of making this decision when they vote, and allowing this would not hurt anyone. Mrs. Cain stated that her reason for supporting districts was°geograpkiical and not just the providing of one representative for one group.` She stated that this form would give'.geographical representation with at large elections and it would have one person designated from an area. Mr. Meardon stated -that: there are:issues"that are strictly area problems and there should be someone who lives in that area to present 'these problems. -:'`He stated that there would be a built-in man for an area who would be their voice on the Council. Mrs. Davidsen stated that there is a question of; geographical vs. constituency representation and that you can overplay the students' importance,because there are other constituencies in the community, �The question was called and the motion to have the Charter pre- scribe that there should be no residency requirement to be nominated to a district seat was ,defeated two for and five against with Baldus and De Counter voting for and Ringgenberg, Meardon*, Cain, Knight, and Davidsen voting against. Mrs. Cain moved that the Charter include the requirement that there must be a primary, election for district seats if there are more than two candidates filed for that seat. Mr. De Counter seconded the motion. Mr. Ringgenberg moved to amend the motion to strike the words"for district seats"from the motion. Mrs. Davidsen seconded the motion to amend. Mr. Baldus stated that the conflict between the Charter and the City Code of Iowa should be minimized. He stated that there is an ambiguity in the City Code of Iowa and it could be argued that the people who drafted the City Code of Iowa did not have in mind this method of select- ing the Council. Therefore requiring a primary election for the districts is consistent with the City Code of Iowa, but the expansion of the motion clearly conflicts with the State Law and puts the Charter in a more vulnerable position. The question on the amendment to the motion was called and it was defeated. zero for and six against, with Mr. Ringgenberg abstaining. The question, on the motion that the Charter include the requirement that there must be a primary election for the district seat if ■ 1 there are more than two candidates filed for that seat was called and it passed unanimously. Discussion was next held on whether there should be a change made in the required number of signatures for a nomination petition to become a candidate for a district seat. Mr. Baldus moved that the petition should contain at least two hundred signatures from that district but withdrew the motion. The subject was deferred and Mr. Rosenstein was directed to research this subject. _IMr. Rosenstein was directed to prepare a draft of what was passed at this meeting. Mrs. Cain brought up whether the Mayor should be selected from --- the entire Council or only from the four Councilmen who held at -large seats'. Mr: Baldus stated that he would like to see two alternatives placed on the ballot: (1) Election of the Mayor by the .voters at -large, and (2) A seven -member Council elected at -large. The meeting was adjourned at 5:50 P.M. I• lie The meeting was held at the Planning Conference Room in, the basement of the Civic Center. Informal discussion was held 'before the meeting was called to order because of lack of a quorum. Maps prepared by Mr. Rosen- stein which utilized three districts were studied. One map utilized the central core; concept'as -proposed by Councilman Czarnecki and the other was drawn based on population, main, City streets and the River, the legislative districts, and the idea of cutting the 'City 'in'thirds-like a pie. The general feeling among,, the Committee members.present was that the second.map would be`a better arrangement. Discussion was also held on whether the Committee should recommend to the City Council where the district boundaries should be. Chairman Meardon called the meeting to order at 4:45 P.M.. Mr. Meardon presented a'letter from Mr. Adrian Schoenmaker addressed to the Charter Committee. Mr. Meardon stated that since this letter dealt with;a subject that is not a Charter decision, he would answer the letter and forward it to the City Council. Mr. Baldus;moved that the Charter should provide that a nomination petition for a district nominated seat should contain signatures fromthe candidate's district in a number equal to one-third of the number of signatures required by law for at -large Council candidates.' Mrs. Cain seconded the motion and it was passed unanimously. This motion was designed to bring the number of signatures required for nomination by district in line with the number required'for nomination at -large. Discussion was held on whether the Committee should vote on whether it wanted to provide alternatives before it requested a legal opinion on the matter. Mr. Rosenstein stated that it might be wise for the Committee to dacide if it wants to endorse the concept of providing alternatives before it invested any money in finding out if it was legal. Mr. Meardon stated that the Committee should know if the alternative was available before it decided whether it wanted to use the alternative. Mr. Baldus stated that in his opinion since there was no provision prohibiting providing alternatives and since home rule allowed a city to do something unless prohibited by law, that providing alternatives was legally possible. The Committee agreed to investigate the legality of the matter. Discussion was held on the proposed limitation on campaign expenditures. Mr. Baldus stated that this proposal would allow a candidate to spend up to $2,500 in the primary and up to $2,500 in the general election. The equal amount for the primary would allow candidates who were not well-known to'try 'to become known, and it would prohibit any candidate from extensive spending. Mr. Baldus stated that this proposal would allow anyone to bring a challenge in district court, make a=candidate responsible for how much is spent in his behalf with his consent would be enforceable by removal from office, would make it a misdemeanor for someone to spend money in a candidate's behalf without the candidate's permission, and would require a candidate to'publically file the amount of money spent -on his campaign. Discussion was also held on the possibility of pro- viding that`the'Council must: set a limit on campaign expenditures Some members felt that this and political pressure would be enough and others felt 'that `the limit should be in the; Charteritself. Discussion was;next held on the proposal on a Community Service Officer(ombudsman).'' Discussion centered on whether this proposal should be in`a Charter and if so, whether it was necessary to pre- scribe that the person receive adequate staff, salary, and facilities. Both the proposal on.the'limitation of campaign expenditures' and the Community Service Officer were deferred 'until a meeting with more Committee members present. It was' announced that the sub -committee on the City Manager would meet at 2:00 P.M. Sunday at Mr. Meardon' Law Office. The meeting was adjourned at 5:45 P.M. E a yr�� POE jai rr� J .'.• + .• . �< : r• i � ti l r , I9 � _ F .�u•.I � P S •',? Ilii ' t ''1 a `} J /. •�� rPl ,. fta•'F i+ �n r t R ..�;.A��.,' .rr•,.r/•. ., r.//iJil r y �f,,/'�P j, :�Gt. 1r, �.! rJ�l,f. �j/ / ' / • LLCL` 4 10 • riaui,itiy- n r.Uui,ty wim .Lss.ivn I Iowa City, Iowa April 26, 1973 A. Call to Order by Chairman B. Roll Call C. Approval of Minutes of Preceding Meetings 1. Minutes of April 12, 1973 2. Minutes of Special Meeting, April 17, 1973 D. Zoning Items 1. Z-7304. Request for rezoning, R1B to R2, by R. L. Richardson, for parcel on southeast corner of the intersection of Sixth Avenue and H Street. Date filed: 3/21/73. 45 -day: limitation: 5/5/73. 2. Z-7305. Request for rezoning, C2 to CB, by The Kelley, Company, for a parcel on the east side of Gilbert Street between College,and Washington "Streets ._.Date filed: 3/29/73. 45 -day limitation: 5/13/73. 3. Z-7307. Request for rezoning, RIB to R3, by F. E. Tisinger'for a parcel at 812, Second Avenue. Date filed: 4/4/73. 45 -day limitation: 5/19/73. 4. Z-7308. Request for rezoning,'R1A to RIB, by Plum Grove Acres (vic. East Court Street north of an extension of Raven Street) and to be known as Court Hill -Scott Boulevard Addition, Part I. Date filed: 4/9/73. 45 -day limitation: 5/24/73. 5. Z-7309._ Request for rezoning, R1B to R2, by Schintler Bros., for a parcel on east side of Woodside Drive between Woodside Place and Oakcrest Street. Date filed: 4/11/73. 45 -day limitation: 5/26/73. 6. Z-7214. Request for rezoning, RIA to PC, for a tract of land on southeast corner of Sycamore Street and Highway 6 Bypass. Date originally filed (R1A to C2): 6/14/72. Date revision filed: 4/17/73. 45 -day limitation: 6/1/73. E. Subdivision Items 1. 5-7.303. Andover Garden Apartments, along Haywood Drive west of Laura Drive. Preliminary and Final Plat. Date filed: 3/23/73. 45 -day limitation: 5/7/73. 2. 5-7304. Court Hills -Scott Boulevard Addition, Part I, SUBJECT: Z-7302. Rezoning request of Fanny S. Duffy for a parcel north and west of the inter- section of West Benton Street and .Orchard Street from R1B to R3. Date filed: 3/7/7,3,. 45 -day limitation: 4/21/73 and Z-7303. Rezoning request'of Everett and Edna Snider for a'parcel north and west of the parcel in 2-7203 from RIB to R3. Date filed: 3/14/73.,_45 -day,' limitation: ; 4/28/73. STAFF< ANALYSIS: These amended requests are for R3 zoning. The original requests were for.C2-and . subsequently amended to M. The combined acreages of the two parcels is 1.1 acres, or 47,775:sq. ft. There is an additional1710 sq. ft. owned by the Snider'swhich represents a vacated alley and is not included in the zoning request. This 1710 sq. ft. splits the Snider' request into.two unequal parcels of 16,530 sq. ft. and 6,450 sq. ft. The legal description should be corrected to include the totality of the Snider property. Assuming ,the L1710 sq. ft. is to be included.in the rezoning, the total area of 49,485 sq. ft. would allow, under R3 zoning,' 16 dwellingg units. While this number is small in comparison to that allowed under R3A or R3B,'it would introduce a new use and zoning district into the immediate, neighborhood. There is no overall comprehensive plan, nor any immediate compelling problem or reason that can justify ,the proposed rezoning. Rezoning solely to increase property values so that an owner can realize a greater monetary gain is not a proper use of zoning. While an apparent conflict may exist between the single family uses on the west side of Orchard Street with the commercial • uses on the east, the proper resolution should result from a comprehensive plan containing detailed area analyses and resulting zoning districting. 1 1 9 STAFF REPORT • Planning & Zoning Commission April 26, 1973 SUBJECT: 2-7305. Rezoning request of The Kelley Company property from C2 to CB (vic . 120 South Gilbert Street). Date filed: 3/29/73. 45 -day limitation: 5/13/73. STAFF The rezoning request is for ANALYSIS: the south 60 feet of Lot 4, Block 43, Iowa City, which, prior to the fire on January 10, 1973,contained The Kelley Cleaners and The Tuxedo Shop. The area of the request is 4,800 square feet. Attached is a copy of the rezoning petition. Nearby.uses include the City's Civic Plaza parking lot to the north And east, and the You Smash.'Em I Fix 'Em a shop to the south across auto body, repair the alley. The property fronts on Gilbert Street, the new north -south arterial at the east edge of the Central Business District. Current zoning is given on the attached map. The property is in a C2 zone, with a CB zone across Gilbert Street to the west. The following considerations are offered by the Staff with respect to the rezoning request: 1. The original delineation of the CB zone by the Bartholomew Plan recommended a limited CB zone fronting on Iowa, Washing- ton, and'College between Capitol and Gilbert. Since the 1959 Bartholomew report was presented to the City, the CB zone has been enlarged only to include parcels along Burlington Street and Capitol Street, as well as an additional CB zone along Court Street across from the County Court House. The use of a CB zone should be limited in scope to the immediate downtown central shopping area and should be bordered by C2 zoning on the periphery, as is now the situation. 2. Gilbert Street has been developed as the eastern edge of the Central Business District and is designed to carry peripheral traffic. As such, the Central Business District should not be extended to the east, especially for the benefit of only one property owner. 3. The Urban Renewal Project, R-14, currently underway, is involved with the redevelopment of an excess of 4 square blocks Of CB zoned area, about 410,000 square feet. 0 r •., (fi • A substantial portion of this property is currently vacant and to be.redeveloped., Therefore, there are no compelling reasons or development pressures at this time to rezone additional area to CB when extensive areas are vacant. 4. The Kelley Company property has been non -conforming in that no off-street parking has been provided. "Redevelop- ment of the property could be accomplished in accordance with the Zoning Code. An additional comment is appropriate at this time. After the fire, the City made an offer to the Kelley Company for purchase of the property based on C2 zoning. A,counter offer was subsequently, received after which this rezoning request was submitted for CB zoning. The City Attorney is currently proceeding with condemnation of the property for public use. STAFF The Staff recommends denial RECOMMENDATION: of the rezoning request. , i t • • r March '?'!, 1073 IOWa City Planning Zoning Commission, Mayor Brandt, and Meml•ers of the Iowa City, Iowa, City Council Civic Center Iowa City, lo, -.-a 621"240 He: Request for Re -•Lenin;; The Kelley Compy,ny Property located at 120 South Gilbert Street, Iowa "City, Iowa from C-2, Commercial ;'.one to CB, Central Business Zone ODear Chairman a, Members; The Kelle; Company, an Iowa Corporation, owned by Emory L. }� Kelley and Isis wife, K. C. Kelley, and Carter D. Kelley and LISA Dee Kelley, his wife, who operated a (,leaning plant at the above described location for many years respectfully rec;uest re -zoning from C-1. to CB zone real estate legally described as follows: 17 The South 60 feet of Lot 4, Block 43, Iowa City, lows, according to the recorded plat thereof in Johnson County, Iowa. In support of the Petition, Petitioners state: 1. That the property is located adjacent to the CB district line which runs down the center of Gilbert Street between College and Washington Streets, 2. That when the property was zoned C-,'., there were many houses and other small businesses in this block, ,• 3. That all residential properties have been purchased I and demolished by the City and there to now a parking = lot immediately adjacent to the premises, lww orncca or jiir.i � :� li -• "� CAHILL, LOVELACE, POULA & WIMPEY J ONE CAlT WA:INIVOTON STREET l+. IOWA CITY, IOWA 52240 C II I 4. The non -conforming use enjoyment of the Kelleys has been destroyed due to the, misfort,rne of fire and that re -building has been difficult became of the private park- ing area rec uiremants dietated uader C-' zoning. 8. That no parking should be required in this area, as the City has provided for parkiag for the clients and customers of this and other beeinerees in the area by providing a major parking lot while removing parking previously provided on Gilbert Street. We appreciate your prompt atteatba in Wta matter and request that notice of hearing an thte aplleatim be seat to us at your early eon vealeoce so that we might appear babre the Commission regardlag. this zoning change request. Yours very truly, CAHILL, LOVELACE, POULA i WDIM THE KLLLEY COMPANY Dav,, `P. Poula By: Carl'er D. Kelley ATTORNEYS FOR THE KELLEY COMPANY DPP:ic • LAW OrrICC5 Or CAHILL, LOVELACE. POULA & WIMPEY ..OHC CAST WA9H4HOTOH ]TRCCT IOWA CITY, IOWA 62240 I r STAFF REPORT • Planning & Zoning Commission April 26, 1973 SUBJECT: Z-7307. Rezoning request of Mr. and Mrs. F. E.,Tisinger for Lot 7,' Block 5, East Iowa City located at 812 Second Avenue from R1B to R3. Date filed: 4/4/73. 45-daylimitation: 5/19/73. SITE 'DESCRIPTION: The subject parcel comprises approximately 12,000 sq, ft, of relatively flat land upon, dingle family dwelling. The conditionwhicofithisrrently structurecisefaire to poor. The dwelling is Second Avenuecurrently occupied, and faces upon' . The area indicated as E Street upon the attached map is occupied by the ;south -fork -of:Ralston Creek which does store flood waters on the subject parcel during times of flooding, but does not conduct water across the site. The neighboring land uses fronting on Second Avenue are all single family dwellings. The . nearest commercial usage on Second Avenue is located' southeast of the intersection of Second Avenue and F Street, some 200 feet away from the subject parcel. The subject parcel, as all parcels in this portion of this block of ,Second Avenue, backs upon a district zoned as Commercial High= way. The uses located in this 'district -front upon First Avenue, not the dead ended alley behind the subject parcel, and are limited to those uses permitted in the CH district, highway oriented commercial uses. ZONING REQUEST: The applicants request the subject parcel be rezoned from R1B to R3. A copy of the applicant's request is attached. STAFF ANALYSIS: The requested zoning of this parcel would permitr in addition to permitting four the site, a hospital, or clinic. Whiletments these uses or row 'ouldsnoton pose an undue strain upon community facilities, they would most certainly create a pressure for similar zoning change requests in the future. There is no demonstrated need, for this type of zoning either on the subject parcel or in the area, as the already existing CH and C2 areas nearby are capable of accommo- dating such uses as are permitted in R3. The requested zoning, if granted, would leave this area with a barrier or s' o similar limiting without • future. Currently the rear nlotelines ofunction rasobarrierstto I LJ STAFF RECOMMENDATION• It is the recommendation of the Staff that this request be denied for the following reasons: 1. If granted, either: a) it would constitute spot zoning, or b) it would result in a strip of such zoning being granted in the area. 2. No,need has been shown for such.zoning, nor has one been found during Staff analysis. 3. The CH zo ning east of the subject parcel faces away from I the subject parcel, and does not thereby constitute an influen h' ce w ich warrants step down zoning. 4. The requested zoning, if granted, would encourage similar requests from any or all residential parcels anywhere near need commercial zoning; a policy without merit of logic or OF c i It a � :` o REQUEST ' T� "°t >..� ..®}j ©E AREALA , �`trTf`;1 MOOT. RIA r 1 root. i .i 1 1 • •�-y a ' �• I SOUTHflISr R.L A J Q Q 600 12010 1 N2R N, GRAPHIC SCALE: 1"= 660' Z-7307 \\Y J 2022 Union Road Iowa City, Iowa 52240 April 4. 1973 _Planning and Zoning Board Civic Center Washington Street Iowa'City,'Iowa 52240 DearSirs: As owners of Lot 7, Block S. East Iowa City (812 Second Ave.), we request a rezoning of that; lot from R -1B to R-3, Multi -family zoning. This lot now lies directly 'adjacent to property zoned CH -1 which is an` unusual situation. we feel that by rezoning the re- maining one-half of Block S. it would be more conducive to'any future use. Thank you for your consideration. Sincerely, F� So • s nger Prope!`ty Owner Mrs. Darlene T13inger Property Owner E nn APR 41973 V ABBIE STOLFUS CITY CLERK SITE The subject DESCRIPTION: J parcel extends 1800 feet north of Court Street, beginning at a point approxi- of Boulevard and continuing west an additional 400efeet. The sitet . slopespto the The at a rate,of approximately 3%, and is currently unoccu property immediately west of, the subject is. zoned RIB,-as are the J parcel properties north and :south across Court Street. The parcel mmediately east possesses RIA zoning, but abuts an R3A district which intercedes between it and Scott Boulevard. ZONING REQUEST: The applicant requests the property be rezoned from RIA to RlB residential zone', and cites no specific reason for the granting of such a request. STAFF' ANALYSIS: The requested zone district, if granted, would result in a possible dwelling unit is currentl density 30 percent higher than this y:Possible under the existing zoning classification of property. As cited in the.site description, the property is located adjacent to an existing R1B district area to the west, is south of and also north of similarly zoned areas, and within 300 feet of an R3A zoned tract to the east of this request. The granting of ;the requested, zone change would be consistent with the existing zoning district layout, but raises the question of the parcel immediately east of the subject tract. This parcel, if left as an RIA area, would be bounded on all sides by higher density districts, a condition inappropriate for so small an area. The development of this parcel would result in little impact on the local street system, as the frontage of the parcel on Court Street provides immediate access to `an arterial street. STAFF RECOMMENDATION: east of the subject tract be future. _It is the recommendation of the Staff that this request be granted, and that the zoning of the parcel immediately studied for possible action in the CJ' l r � .. _ I IFi _ RMI � ♦ � Lrj7j)lj'l YE RIA1 r � Fall, ��� W- 6Q0200 1 ''"�" ELME NUMBER: GRAPHIC SCALE =1"= 660' 2-7309 Fall, ��� W- R1B to R2 for Schintler,'Bros. Construction Company (vicinity vacant lot at 609 Woodside.Drive). Date filed: April 11, 1973. 45 -day limitation: 5/26/73. STAFF The subject request is for ANALYSIS: R2 zoning for lot 14, Part ,2, Terrace Hill Addition The request is from the Schintler Bros. Construction Company who have an option to purchase. The property is trapezoidal in shape with a frontage of 59.2' feet on Woodside Drive and a depth of 135 feet. 'Lot area is approximately 14,600 square feet. The lot is currently vacant. 'There is a 16 -unit apartment building.immediately adjacent.to the _north,'and'a duplex adjacentto the south. In'the '.immediate ' vicinity_ along ` Woodside. Drive are 7 duplex structures (14 dwelling units) interspersed with 3'single family dwellings. Along Oakcrest Street to the northwest`is extensive R3A apartment development. The property is currently' zoned'R1B and is adjacent to an R3A zone'on,,the.north.. This area was studied by,the Staff in the "Zoning Study for R3A District Southeast of University Heights dated February 1972 and reference is made to that 'study. A recommendation of that study was that the area containing the duplexes, and including the "above subject request parcel, be rezoned to R2. This area of duplexes was made non -conforming by the adoption of the current Zoning Code and district map in 1962. In that the immediate vicinity of the subject parcel is predominately duplex and multi -family development, R1B"zoning is not appropriate for this lot. STAFF The Staff recommends' denial RECOMMENDATION: of the individual one lot request for R2 in that ;such a rezoning might' constitute spot zoning. Any rezoning to R2 should be a part of a larger rezoning to include the currently non -conforming duplexes in the area. luhunbu Luuu) Auoma7 1959- 1964' • Office 337-2721 •RALPH L. NruziL ATTORNEY AT LAW. 003 IOWA ;THTC MANN a TRUST SULLOINO IOWA CITY. IOWA 02240 Match 27d 1933 City Clerk City of Iowa City Civio Conter Iowa City, Iowa Re: Planning and Zoning Dear Madam Clerk: Enclosed please find a check in the amuint of $55.00, remitted by Schintler Bros. Construction Co. to the City of Iowa City, Iowa. They are purchasing the following property from Btrib Beekerm ti -wit: Lot 14, Part 2, Terrace Hill Addition, Iowa City, Iowa, The Property is now zoned RIB and it is requested that it be changed to. R2 to allow a duplex to be built thereon. The lot is sufficient in size and some of the area does have duplex buildings already. Your attention would be appreciated. � Verytruly , 1,3 Y Yours, Q \C Pe 1 NCS.(• qpf ��iJ L, NAu it RLN:bb Attorney at Law ,�3 Iz • :L- of Westgate btreec anu ea�L of the site of Willow Creek Park). BACKGROUND OF The subject property was THIS REQUEST: brought before the Planning & Zoning Commission as a Preliminary Plat on June 13, 1972. At that time it received approval and was forwarded to the Iowa City City Council, where approval was given on June ,20,,1972. The final plat as submitted does',not include all of the area treated by the preliminary plat, as provided under M.C._Section 9.50.4D. As provided under subsection C of the same'section, the final plat of any subdivision which follows'a,previously approved 'preliminary plat and which does not deviate therefrom must be approved, unless an agreement is arrived at with the developer setting aside this provision: SITE The proposed final plan of DESCRIPTION: this subdivision covers.16.2 acres, as distinguished from the area of the preliminary Plan submission of 29.15 acres. The present submission includes 41lots, fora net density of 3.4 dwellings per acre, with 4 acres of public right-of-way.being-provided. This results in lots far in excess of the minimum size for R1B zoned lots. This excess carries through on the individual lots, the smallest of which has an area of 101375 square feet. The site plan conforms to the previously submitted preliminary plan but with several notable exceptions. 1. The final plan is for only a portion of the preliminary plan, - 41 lots verses 90 lots in the preliminary plan. 2. Generally, the dimensions of most of the lots, while in excess of the minimum required to satisfy the R1B district regulations, have been, altered over those of the preliminary plan for the same area, in the order of 2 to 15 feet although there are the same number of lots in the same general locations. 3. Specifically, among the lots altered, the four lots on the eastern boundary of the tract have been changed, resulting in their projecting farther southward than as shown in the preliminary plan. This would be of slight matter were it not for its potential effect on the critical east -west -2 - street 'alignment of the planned interconnection to the development planned to the east of the subject parcel, Bryn Mawr Part IV. As originally agreed, this street must be aligned to connect with its counterpart to the east. This is still possible, but the maximum width of the lot north of this street and west of Estron Street would be 88 feet, not the 127 feet shown on the preliminary plat as approved. It is not uncommon to create an oversized lot on corners in order to ameliorate some of the disadvantages of double frontage. This would not be possible if a correct alignment of streets is to be gained. Among the double fronting lots, problems is the need to provide (M.C. Section 8.10.23.B.Z) a front yard on both streets and rear yards opposite all front yards. Thus, the buildable width of the lot would be but 33 feet, and the buildable length 70 feet. A� AL1 ARL 50 Thus, the lot is severely restricted in its buildable area, a fact which should be recognized and acknowledge by the applicant. STAFF RECOMMENDATION: It is the recommendation of the Staff that this plat be deferred until such time as the applicant can be informed, of the aforementioned constraints on the lot shown on the prelimi- nary plat as #86. COMMENTS The Final Plat as submitted OF THE CITY ENGINEER: shows the location of but one sanitary sewer easement. sewer easements is not req Although the location of uired on a Final Plat, if any are shown, all should be shown. This is'necessary to prevent Possible questions about the applicability of the preliminary plat, in regard to its control of sewer easement locations. Thus, all • sanitary sewerage easements should be shown on this plat, or none. In addition, a 35 foot width should be shown between the center line of West Benton Street and the northern property line of the subdivision. ��a 0 i i • GLORIA DEI LUTHERAN CHURCH L CORNER OF DL18000E AND MARKET STREETS IOWA CITY, IOWAdo April 6, 1973 io Mr. Tim Brandt:, Mayor City of Iown City Civic Center Iown City, Iowa 52240 Dear. Mayor Brandt: I commend you and your fellow councilmen in your decision to remove the parking from certainstreets, particularly along the bus routes of Iowa City to insure that the streets may remain thoroughfares for the movement of people in their automobiles rather than using the streets as a, storage place for automobiles. It is, however, already my experience that as, the storage' parking of automobiles is removed from ono nre.j of the: town it. is only thoroby moved to .tnol,hor arra of the town. This cet:t.ninly ha n happened where we live in the 400 block on North Van Buren Street. I am :;ure that our situation is only indicative of that which is true across the community. One partial solution that could be of assistance is the enforcement of the code that requires the provision of off street parking for residential dwellings. There is one home in our block that now is rented out to a number of people. Where there is the crowded provision of two off street parking places, the seven people who live in that house each _own automobiles. This means that before we even begin with the problem of people who park their car to go to school, to go ge to the hospital, to go shopping, or, to go to work, who must drive into Iowa City from other places we 'already have a parking problem. I am sending this letter to you, anticipating that you will share its contents with the council as a whole, and with our City Manager, With prayers for you, your family, and your responsibility as our Mayor. r PHONE 338.2893 AREA CODE, 319 P.O. BOX 281, IOWA CITY, IOWA 52240 PASTOR ROY WINGATE PASTOR DONALD HERDMAN