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HomeMy WebLinkAbout1973-02-27 Public hearingNONCE OF PUBLIC HEARING Notice is hereby given that the City of Iowa City proposes to rezone from M1 to M2 zone following described property to-wit: Commencing as a point of reference at the center of Section 24, Township 79, North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, IOWa; thence South 89 48' 2011;1lest 505.12 feet to a point (for purposes of this description only, the North ].tine of the Southwest quarter of said Section 24 is assumed to'bear -South 98' Zlp 00" West); thence North 0 11'.40" West 1,191.20 feet to 'a point; thence Notherly 2fl3,62`fe'et along a 300,0 foot radius curve eonea 6 Westerly to a point; thenoe North'o 11' 40" W4�t8 �est 8.40 feet to a J thence Northerly` 124.90 fee/along a 50.0 footradiuscurve cone ve Easterly to a point of beginning of tract herein described; �"ence Southerly along a 50,0 foot Southra0dius�cur�e conca{re Easterly to a point; thence 11 40 East 7.0 feet:. to a. point;,thence- South 62 !25' Ea XZ00 feet more or less to a,point of_intersection 1g1�ih\the railroad spur litt more ne; - thence-Northerly,;290 feeor less along the centerline of said spur hine`to a point of inter section with thle;Southwest ly'right-of-way line' of the Chicago,/ RockIsland Pacific Railroad; ` thence Westerly along the Sout erly right-of-way line of said/Railroad to a point\ i bearing North-0; 11'40" West/from the point of beginning; thence I• South 0 111401, East 116,8 feet to Point and containing Point of 'beginning, i _ g 3 acres more. or-less. as requested by Capitol Propane Gas Co., parcel lying east of Carl's Cartage. Notice is further given that pursuant to section 414.4 of the 1971 Code of Iotiaa, a hearing by the City Council of Iowa Cit rezoning will be held at the Council Chambers in the City Hall he Iowa City, City, Iowa, on the said proposed Iowa, at 4:00 PPi on Februsry 20 objections to said proposed action su X8193' and any person having hearing. Y appearandfile objections at said Dated at Iowa City, Iowa this 3rd of February 19 73 City Clerk Publish _nno� February 3 19 73 , Dated at Iowa City, Iowa this '10th of February 19 73 City Clerk Q Publish _ante , - February '10 •i, - 19 73 , NOTICE OF PUBLIC HEARING Notice is hereby given .that the City of Iona City proposes to rezone from" to M2 .zone the following d g escribed,property i to-wit: Commencing au a point of reference"at the center of Section 24, Township 79 North, Range 6; West of"the Fifth'Principal-Meridian, Iovra City, Johnson " County, Iowa; thence South 89 48' 201, West 505.12 feet to a point ,(for purposes of this description only, the North line of the Southwest quarter of said Section, 24 is assumed to bear South 88 40' 001' West); thence North 0 ill 40" West 1,191.20. feet ,to a point; thence Notherly 203,62 feet along r' a 300.0 foot radius curve concave Westerly to a point; thence North'0 ill 40" West 648.40 feet to a point; thence Northerly 124.90 feet along a 50.0 foot radius curve concave Easterly to a, point . of beginning of tract herein";described;'thence Southerly along -a 50,0 foot radius curve concave Easterly to a point;.thence. i) - South 0 11'40" East 7.0 feet to a point;, thence South 62 25' East 700; feet 'more ,or.less to a point of intersection with the railroad spur line; thence Northerly.. 290 feet more; or less along: the .i centerline of said spur ,line to a. point of inter- section with the 8outhwesterly.right-of-way, ;line }` r`: < of the:°:Chicago * Rook -Island &<?acift' Railroad; thence Westerly along the Southerly right-of-way line of saidRailroad to'a point bearing North 0. f 11!409 West from'the point of beginning;thence South '0 111401' h6st,l16.a feet to 'point of beginning, and containing 3 acres more or-leas. as requested by Capitol Propane Gas Co., parcel lying east of Carl's Cartage. Notice is further given thatpursuantto Section 414.4 of the 1971 Code of, Iowa, a hearing by City the. Council of Iowa City, Iowa, on the said proposed rezoning will be held at the Council Chambers in :the City Hall of Iowa City, Iowa, at 4:00 PM on February 27th 73 19 , and any person having objections to said proposed action may appear and hearing. file objections at said Dated at Iowa City, Iowa this '10th of February 19 73 City Clerk Q Publish _ante , - February '10 •i, - 19 73 , 1 Chairman Madsen called the meeting to order and asked if there were any corrections or additions to the minutes: of the January 11,_1973, meeting.` It was moved by Mr. Galiher, seconded by Dr. Ogesen, to approve the minutes as written. The.motion carried unanimously. The first item of business was.the Zoning Item D.l. which reads as follows: C-7301. Proposed change to Zoning Code 8.10.16C concerning bulk storage of liquidpropane. , Mr. :Galiher-moved,.'seconded by Mrs..-Davidsen, to; recommend to the City,, Council, adoption of ,.the amendment to Section 8.10.16C of the Zoning Code. The motion carried unanimously. The:Commissoners `. indicated that the amendment .would'meet the national fire protection standards and this was the basis on which they made their recommen- dation. A'copy of`the proposed' amendment is attached. Item D.2. Z-7222.` Rezoning request of Capitol Propane Gas Company for, rezoning of Parcel' in ,Industrial Park (vic. N.B. of cul.de sac of Industrial Pk. Rd.) from Ml to M2. 45 -day -limitation:.( February 12, 1973. Mr. Henry commented that it was his understanding if the area were rezoned M2'and the`anticipated`business wasjater removed, the City would still have considerable' control over whatever might be located in that area because, as indicated in the Zoning Code, a long list of performance criteria would have to be met. It was Chairman Madsen's:opinion that as long as the performance criteria were met, all M2 authorized uses; would have to be allowed. Mr. Wollmershauser-clarified the issue.by stating that certain uses are allowed (according to Section D. of the M2ZoneUse Regulations) but only after a study has been made by the Fire Department and the 'Planning,& Zoning Commission who then makes a recommendation to the City Council. The City Council may then either approve or deny the request. In addition, performance standards of the code would have to be met for any proposed M2 use. Mrs. Davidsen questioned who the enforcement agent would be. Mr. Wollmershauser indicated that this would be the responsibility'of the Building Official. • Mr. Henry noted that the Staff recommended approval of the rezoning request but the rationale or justification given seemed to be of the negative kind. He questioned whether more could be -• said on behalf of ,the recommendation to approve the request. Mr. Lambert explained that the M2 zone would be basically' harmoniouswith those uses permitted in Ml,;.that,it would' not conflict with the neighboring residential property, the use would not downgrade the area and, therefore, would not decrease the property value. These, Mr..Lambert stated, were positive reasons in favor of the rezoning. ' Chairman Madsen stated that rezoning has to be based on the rezoning rather.than on the proposed use. Mrs. Davidsen commented that she felt there were adequate reasons for rezoning the parcel to M2, but not just on the basis that Capitol Propane is going to be there. She felt the industrial use along the railroad, with the buffering between the zones,'would be 'a good place, for M2 zoning. Mr.,Galiher asked if there was more land along.the railroad that would be available for M2. Mrs. Davidsen said this was her understanding; otherwise, the Commission could possibly be accused of spot zoning. After furtherdiscussion, Mr. Galiher moved, seconded by Mrs. Davidsen, to Irecommend approval of the rezoning request of Capitol Propane Gas Company for rezoning of,a Parcel in Industrial Park from Ml to M2,-subject to the adoption of the ,proposed change in the zoning ordinance concerning bulk storage of ,liquid propane,; Section 8.10.16C.of-,the Zoning.Code. The motion carried, 4-1, with Chairman Madsen voting no. Z-7221. Additional Comments concerning PAD for Court Crest, Inc. rezoning request.' 45-day limitation: January 25, 1973. ' Mr. LarryWaters, Vice President of Court Crest, Inc., spoke in favor 'of'the 'rezoning 'and outlined the following,reasonsrwhy -he felt a favorable recommendation should be, forthcoming: 1. Fraternal use and church use are closely related -- both. serve'a social function and, in many 'cases, 'a religious function. 2. Mr. Seydel, Housing Coordinator, had indicated that the west portion of the Court Crest` property,'presently zoned R2, would not be acceptable as a'site .for Housing for the Elderly. Mr. Waters commented that, in other: words, a higher density than for which they are asking is not acceptable. 3. The property meets the ecological and environmental require- ments, there would be no change in terrain or exterior appearance, the property does enter onto arterial streets so traffic would not be a problem, Court Crest has buffered the east 85 feet of Parcel #l, which will remain RlB, so the neighbors would be protected. • 4. Mr. Waters concluded that you can expect a club to take on the characteristics of the neighborhood in which it exists, and, if it doesn't, it won't succeed. NOTICE OF PUBLIC HEARING Notice is hereby given that the Cit to R2 zone y of Iowa City proposes to rezone from rtIB , the following described property to -wit: Commencing in the center line of Muscatine Avenue formerly Highway #6 1808.4 feet east of the west quarter corner of Section 13, Township 79 North, Range 6 West of_the '5th P.M. and on the East-West z -Section line, thence East along the center of the highway and'the East-West 2 'Section line 412,7 feet; thence North 0046' E 233 feet; thence. East 125 feet; thence North 0010, E 678 feet; thence N�g4° 48'17'' West 95' feet; thence\ North', 59054' 5" West 224..44 feet; thence. South 89°57'53" TYest 251; feet to the northwest corner, of the tract herein. described; thence South 0009' West 1022.1 feet to the,: point of beginning; , lying.East of the\1point g described' line, to -wit: Beginning a hat lies382.7 feet East of the Southweqcorner :of -he above described tract, thence North. 133 feet; thenceNorthwesterly 255 feet to a point that lies North 365 feet and East 265 feo�from'the,point of beginning of the above descriped tract; thence North' 367' feet; thence i Northwesterly to a point that lies 31 feet East and 51 feet South of the Northwest corner of the above described tract thence North 51' feet more "or:', ess to Cho North line of the above described tract; lying South of the following described line, to -wit: Beginning at'a point that lies 279.66 feet South j of the Northeast corner of the above described tract, j !thence West 280;f-eet to the line above described; 1 and "excepting therefrom the following: sa ✓ y '; NOTICE OF PUBLIC HEARING Notice is hereby given that -the City of Iona City proposes to rezone from R1R to RZ zone the following described property to -wit: Commencing in the center line of Muscatine Avenue formerly Highway #6 1808.4 feet east of the west quarter corner of Section 13, Township 79 North, Range 6 West of the 5th P.M. and on the East-West z Section line, thence East along the center of the highway and the East-West 2 Section line 412.7 feet; thence North 0046' E 233 feet; thence East 125 feet; thence North 0010' E 678 feet; thence N 89°.48'17" West 95 feet; thence, North 59054'55" West 224.44 feet; thence South 89057153" West 251 feet to the northwest corner of the tract herein described; thence South 0009' West 1022.1 feet to the point of beginning; i ,-..lying .East of the following described line, to -wit: Beginning at a point that lies 382.7 feet East of the Southwest corner of the above described tract, thence North 133 :feet; thence Northwesterly- 255 feet to apoint that lies North 365feet and East 265 feet from the point of beginning :of the above described tract; thence North '367:feet'thence Northwesterly to a'point that lies 31 feet ''East 'and 51 feet South of the Northwestcorner of the above described tract thence North 51 feet more or loss to the North line of: the above described tract; lying South of the following described line, to -wit: Beginning at a point that lies 279,66 feet. South Of the'Northeast corner of the above described tract, thence, West 280 feet to the line above described; sand excepting thorefrom the following: i' Commencing at a'point on the easternmost line of the above described tract 279.66 feet South of the Northeast corner of said tract, thence N 89050' W 85 feet, thence South 0010' W 398.34 feet, thence East 85 feet, thence i North 0°10`' E 398.34 feet to'the point of 'beginning,1 11 as requested by 'Courterest, Inc. (former St. Mark's Methodist Church) Notice is further given that pursuant to Section 414.4 of the 1971 Code of Iowa,.a hearing by the City: Council of Iowa,City, Iowa, on the said proposed Hall Iowa City, rezoning will be held at the Council Chambers in the City of Iowa, at '' 4:00' PM on February 27.r 1973 , and any person having objections°to.said proposed action may appear and file objections at said hearing. Dated at Iona City, Iowa this 1Oth'rof February'`, 1973 J` City Clerk Publish onrp_, Februarv'=10th _, 1973 -i r�o� E� .� JAN2 61V {, C, CLERK PETITION FOR REZONING JJ, �I TO: Planning and Zoning Commission. 1 Civic Center Iowa City, Iowa 52240' COMES NOW Courtcrest, Inc. and asks; that the follow- ing described property located in Iowa City, Johnson County, Iowa, be rezoned from R-1-B to R-2-zone to-wit: A'parcel of ground located in the following described tract, to-wit: Commencing, in the centerline of Muscatine Avenue formerlyHighway #6 1808.4'-feet east of y the ,`west quarter corner of-Section 13, Township 79 North, Range 6 West of the 5th P'M.;and on the "East-West -2 Section line, 'thence East along` the center of 'the highway 'and the'East-West 2" Section line 412.7 feet; thence North 0046' E 233 feet; thence East 125 feet; ;thence North' 0010' E' 678 feet;' thence N' 89°-48'17" -West 95 feet; thence North 59054'55" West` 224.44' feet; thence South 8905715311 West'251:feet to the northwest corner of the tract herein described; thence South 0009' West 1022.1 feet to the point of beginning; lying East of the following described.line.to-wit: Beginning at a point that Pies 382.7 feet East of the Southwest corner of the above described tract, thence North 133 feet-; thence Northwesterly -,255 feet to a point that lies North `,365 feet and East 265 feetfromthepoint of beginning of t1ie above described tract; thence North 367 feet; thence Northwesterly to a point that lies 31 feet East and 51 feet South of the 'Northwest 'corner of, the above described tract thence-North 51,feet 'more or less to the North line;of the above described tract; lying South of the following described line, to-.wit: Beginning at a point that lies 279.66 feet South of the Northeast corner'of the above described tract, thence West 280 'feet- to the line above described; and excepting therefrom the following: Zj ■ 1, lip PETTTION'FOR REZONING TO: Planning and Zoning Commission I Civic Center �I Iowa City, Iowa 52240 COMES NOW Courtcrest, Inc. and asks that the follow- ing described property located in Iowa City, Johnson County, Iowa, be rezoned from'R-1-B:-to R-2 zone -to -wit: A parcel of ground located in the following described.tract,to-wit`. Commencing in'the center line of Muscatine Avenue formerly Highway #6 1808.4 feet east of the west`quarter`corner of Section 13, Township - 79 North, Range 6'West of the _Sth P',M.. and on the East-West Section line "thence East along the center of the highway and the East-West -"2 , Section line 412.7 feet -.thence North ,0046' E 233 feet; thence East 125 feet; thence North 0010' E 678 feet; thence'N 890-48'17" West 95 feet; thence North 59054'55" West 224.44; feet; thence South 89057'53",West 251 feet to the northwest corner of the tract herein described; thence South 0009' West 1022.1 feet to the point of beginning; lying East of the following described line;' to -wit: `I Beginning at a-point.that lies.382.7'feet East of the Southwest corner of the above described tract, -thence North 133 feet; thence` Northwesterly 255 feet to a point thaC dies North 365 feet and East 265 feet front the. point of beginning of the above described tract; thence North 367 feet; thence Northwesterly to a 'point'that-lies 31 feet East and 51 feet South of the Northwest.corner,of'the f above described tract thence North 51 feet more or. Less to the North line of the above described tract; - r lving South of the following described line, to -wit: i Beginning at a"point-that lies 279.66 feet South # of the Northeast: corner of the above described tract, i thence West 280 feet to the line above described; and excepting therefrom the following: COMMENTS ON DRAFT OF ENVIRONMENTAL IMPACT STATEMENT FOR FREEWAY 518 i' Date: February 27,`1973 Prepared'by: Ray S. Wells, City Manager:' Ralph E.,Speer, Jr., Director of Public Works George R. Bonnett, Acting City Engineer Dennis R. Kraft, Director of Community Development First of all it.should be pointed °out that for the past ten years, or since 1962, there has been discussion of the need for a bypass around the southwest side of Iowa City by the Iowa;Highway'Commis-` sion,.the City ,of Iowa City, the University of Iowa and other affected governmental agencies. Within; the past six months it has been the City Council's position that it wasextremelyim- portant that this project be started and that such a bypas•s;be constructed now rather than delayed even ''further. Not only. is 'this delay'causing increased traffic "congestion on streets within, .the corporate limits of Iowa; City, '.but 'it is fairly: obvious that with the passage of time there is a.continuing,increase in'the, cosf t 'of a"highway facility. Itis extremely important to, keep in mind that withthe Univ,ers.ty; of Iowa'`s development`°of a-state=wide medical'complex'`on the`we�. side campus it becomesincreasingly important :to provide quicx o. easy access to the University Hospitals located hereiin Iowa 'This'can'best.be achieved through 'conven ent;access from a bypsss around,the southwest.side of. Iowa City such as is proposed wirr. the construction of Freeway 518. In reviewing the draft document and the 'additional comments ,',- have been prepared by various individuals the staff would subr.=-r. ' thefollowing statements for consideration by ,the City Council. 1. On pages 7 through 12 considerable reference was mads reports prepared by the Johnson County'Regional Plann:.:- Commission., The impression is given that the various studies and data included in this Environmental Impac; Statement had been approved by ,the Planning Commission. Clarification should be made so'as to'point out that the data which the Highway Commission refers to was really ` the form oftechnical papers and memoranda that were pre- cared either by the staff of the Regional' Planning Commission or by the Policy and/or Technical Committees working on the Area Transportation Study. No implication should be malt' that the information contained in those reports has been accepted by, either the Planning Commission or by any of the governmental ,agencies, -especially the City of ;Iowa City. In addition,.it'is suggested_ that each of the re ports used as reference material should be footnoted and included in the bibliography found on page 60 of the Impact Statement. r ^a . ',2 On page 14 there 6e made to-:channel change"s"that ` would be required in the construction of the ":roadway. It: is our feeling that these: changes are ;not particularly' significant `and Any changes to the channels would be re- ' viewed`by,the ;Iowa:Natural Resources .Council `and ;approved by them if the watershed'drainage area exceeded two square miles. S Some: discussion was held on page 30 concerning the impact ". of noise caused by traffic on the proposed freeway. Whilethere are no major residential developments taking place now along <the `east side ofFreeway518 between Iowa Highway -11 and Melrose"Avenue, nonetheless it is felt desirable toplan 'for the planting of vegetation along this area so as to reduce the impact ofvehicular noise on residential properties that might develop in that area at some time in the future'. 4. In the section on-'fire protection discussed on the bottom ' of page 31 .it is' pointed' out that f ire. protection for ,the rural area outside of`Iowa 'City would 'be+provided through, contract with the City's Fire Department. The City of Iowa City does not ,provide ;fire 'service.outside;of its corporate 'limits' except-on a"sp eci'al mutual-aid'arrangement'with the City,' of'Coralville. It is not felt 'that;there.would be.% " detrimental effects to the property on the west side of i' Freeway 518 and within"the corporatelimits of 'Iowa City through the construction of the.propos,ed freeway. This property, could still be served,by the Iowa'City Fire Department. ' 5. - There"'is a brief discussion of alter' tives,to the pro- „ posed :'design`.of Freeway, 518 found on.,pages 37 through 43. It is our feeling„that,'�ever alternative that the Highway 'Commi'ssion reviewed shoury e listed within the Impact Statement but not,'discussed in great detail,.,` By, simply ,} ;'listing all oftt e;,alternatives that were reviewed' it would provide for a more comprehensive understanding of the complete' analysis which the Highway Commission` design personnel investigated prior to arriving at the present proposed alignment as the most desirable one to build. 6. On page 43 reference is made.to the 'fact that as development occurs along the proposed project corridor it iscurrently not subject to 'zoning regulations. Actually, this 'state- ment is in error since all rural areas along the corridor, in`Johnson County are subject to the provisions of the Johnson County Zoning Ordinance. 7. It is felt that the section found on page 49 discussing the total Freeway 518 project as it pertains to the overall freeway and 'highway system 'should be expanded. Specifically, discussion should be carried out in further detail as to the impact that a major north-south highway facility will have on eastern' Iowa by providing a'through link from -2- -3- Minneapolis,%Minnesota, to St: Louis,. Missouri.. It mustl 'be kept in mind that the ,Freeway 518 segment 'that is located within Johrison County and. -,within City on the south west is an extremely important link in the entire highway network system. 8. A minority report from the policy and Technical Committee of the Area Transportation rStudy 'indicated `that the pro- posed freeway would have -a serious effect on the Secondary ;? Road Department of Johnson County. Specifically,; it made reference to 'a possible reduction in'Road Use Tax funds to the county. It is our feeling that this particular comment I... is not pertinent to an evaluation of the construction of such a highway. For many years the municipalities.;in Iowa have received far less than their fair share of revenue - from the Road Use Tax. Fund to support not,;only maintenance operations but also the construction of new facilities. 9. The comment has been made that considerable. mileage will' have to be constructed by Johnson -County as .a result of the proposed freeway. ,Again, it should be;pointed 'out that the City of'Iowa 'City is -in the same situation but we do not view this as a_problem. In fact, specific plans ' have alreadylbeen`made by the City to accomodate for the improvementof facilities that would be, directly affected i _by the.cons_truction of Freeway:518. 'In particular, on the south side of Iowa City U.S. 218 is already under construction and will be':widened•'toa; four -,lane facility: so as to accomodate the traffic .off of.the proposed interchange at 'Freeway 518 and U.S. 218. In 'similar fashion, the 'City is planning..,to widen and'pave',that portion of Melrose ' Avenue from the proposed interchange with Freeway 518 east to the present.four=lane divided section on Melrose ' Avenue'. , The.City is also making plans, in conjunction with the Universityof Iowa, for the improvement of Melrose -Avenue from te east side of University He to its intersection with Riverside Drive. 10. It is the staff's position that the modification to „ Mormon Trek Boulevard will not have a significant effect< ithe movement of traffic in a north -south direction and , n ght even facilitate';the movement of traffic utilizing that particular road. 11. The question has been raised in regard to the impact on the Iowa City Municipal Airport by the construction of the 518 Freeway. It should be pointed out that the Muni- cipal Airport is alr�eadyy restricted and bounded by highways, rivers, and topograp The staff has reviewed possible expansion of the Airport in the past and 'concluded that it was not feasible or desirable to extend the length of any of the runways. -Furthermore, :with the discussion underway of some type of regional airport it isnot considered that funds should be used to expand the Iowa City Airport. In other words, 'since this airport is already restricted the construction'.of Freeway 518 would have no adverse effect on the airport: -3- ` 12.- there is in fact'concen about the `fuel crisis and .If making'.more efficient use of other transportation;aystems' as is: mentioned in -;one of..ithe drafts -by' a reviewing agency it appears to us that this, is a matter requiring an ' :then ' energy policylevel to be set at the national level and not "by`representatives of the City of Iowa City`or'this particular area. 13. --Although the sewage lagoon presently serving the Johnson' County Home will''have to be relocated it is our under- standing that the'Highway Commission would be constructing a new lagoon for -them. If, however, the 'County Home, or other affected residents desire to have,sewer.service pro- vided by the 'City of Iowa City itwould be possible to con- struct a sewer from the existing Lift Station located in the Hawkeye Apartment complex westerly along 'the Clear Creek watershed to servethis property. It should be kept in mind, however, that the property owners would be re- quired to;.pay for'the cost of such a`sewer line in accordance with the previously established City's policy on extension of sewer services:_ In.conclusion it is the staff's feeling that the above mentioned comments should be forwardedto'"the Iowa; Highway Commission and ' :included ' -in an Environmental "Impact Statement,; which they; must sub- mit in accordance with their requirements for. preparing such Impact r. Statements. Over all'it is our fee ling "that the beneficial aspects of the proposed Freeway 5lVproject should be stressed in the report as well as the negative on'e.s which do exist in',some instances. In summary, we would simply reiterate.the `City Council's position adopted in August of 1972, that the,proposed construction of Freeway. 518 be started as soon as possible and carrie'd'out to. an early completion. 1. DEPA 'M TA L - ' '' - ­ "' A -.11,1111111W.- 1-11. 1 '- ;, I.P.-IMM L:CGRRZGPOMbtNdE-