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HomeMy WebLinkAbout1992-10-13 Bd Comm minutes '-. ~\o\~ J '- "- - -=-:'L;,,:.~ MINUTES BOARD OF ADJUSTMENT SEPTEMBER 1, 1992 . 4:30 PM CIVIC CENTER COUNCIL CHAMBERS 'l . MEMBERS PRESENT: Larry Baker, Ernie Gaier, Catherine Johnson, John Pellon, Rich Vogelzang MEMBERS ABSENT: None. STAFF PRESENT: Melody Rockwell, Marsha Bormann, Mary Jo Neff OTHERS PRESENT: Steve Kohli, Craig Welt, Don Halverty, Bob Rehhus, Michael Kohli CALL TO ORDER: Chairperson Pelton called the meeling to order at 4:31 PM, Pelton Introduced new Board member, Larry Baker. RECONSIDERATION OF SPECIAL EXCEPTION ITEM: 1. EXC92.0017. Public hearing on a request by Siems, Inc. for a special exception to permit a religious inslitutlon use, a Chrislian school for kindergarlen and first through elghlh grades, for property localed in Ihe CC-2 Zone at 1470 First Avenue. Pelton reported that this item had been denied at the Board's August 12, 1992, meeling. Ml!!!2n: Vogelzang moved to reconsider EXC92.00 17. Galer seconded. The motion carried 5.0. Rockwell restated slaff's posilion regarding Ihis issue. She indicaled staff fell that Ihe inlensity of Ihe use Ihat has exisled on the site should not be increased. She stated Ihat staff concerns were related 10 Iraffic on First Avenue as well as within the commercial area surrounding Ihe request property, Rockwell slaled that according to Jim Pumfrey, Iowa City Fire Chief, a Iiberallnlerprelation of Ihe Code would permit up to 30 individuals in the open area which would serve as a lunch room and as an area for special ciasses, such as music and art. Rockwell dislribuled information regarding traffic counls In the area. She said Ihe Iraffic does not peak at Ihe drop'off time in the morning, but does begin 10 peak when the children would be released from the school. Staff recommended approval subject 10 Ihe applicant: 1) Iimiling enrollment to no more Ihan 60 children and 2) securing City Building Official and City Fire Marshal approval prior 10 expension of Ihls use inlo a fiflh classroom. This approval is contingenl on the school oblaining 501 (c)(3) slatus from the U,S, Internal Revenue Service and submitting confirmation of Ihal slatus 10 the Cily. Allhough Ihe requested religious use may be established prior to receiving 501(c)(3) status confirmation, said confirmation musI be submitted to Ihe City Deparlmenl of Housing and Inspection Services immedlalely upon receipI, In Ihe evenllhe U.S. Inlernal Revenue Service denies 501 (c)(3) slalus, the special exceplion becomes null and void. ~/5~ Board of Adjustment September 1. 1992 Page 2 In response to a question from Johnson, Bormann indicated that the access drive is a privaleiy owned road. Rockwell added Ihat the privately owned access drive is intended to be used by Ihe public to access commercial eSlablishmenls within the plaza complex. Bormann stated Ihat because the road is used to access the existing use on the site, it has become the established access for this site and other uses in this commercial area. She said the right to access could not be cut off by the privale owner. In response to a queslion from Johnson, Bormann stated that maintenance of Ihe privale road was Ihe responsibility of the private owner. Johnson asked if Ihe private road could be striped, Bormann slated that the City could not require Ihatthe road be striped, however, it could be done voluntarily by the private owner. Rockwell indicated that Eastdale Plaza was planning on restriping the parking in the area. In response to a question from Baker, Rockwell stated Ihat she was not sure if the enrollment limit on the existing day care use had been monilored. PUBLIC DISCUSSION: Steve Kohli. President. Iowa Citv Area Christian School Associalion.thanked the Board for the second opportunity to present this item. He stated Ihat the Board had no problem with the condition regarding Ihe 501 (c)(3) status, or with meeting the fire regulations. He asked Ihe Board to consider the merits of the request wilh regard to the'staff recommendation to limit enrollment. He sIres sed Ihatthe request complied with all of the rules and regulations of the Zoning Ordinance. He said Ihat the enrollmenllimit for 60 sludents at the day care was based on the number of parking spaces required for Ihal specific use, He stressed that the proposed school was a different type of use, so he considered Ihat an arbitrary number would be carried over if Ihe enrollment were limited to 60, ' Wilh regard to striping the private road, Kohli had talked wilh Gary WaIls of the Eastdale Plaza Board, Watts had verbally indicaled Ihat Ihe Board would be helpful with regard to the school. Kohli explained that routes for carpools into the Plaza hed been drawn to avoid Iraffic conflict problems. He said if Ihere were IWO children per car and an enrollment of 120 students, there would be a maximum of 60 cars at dropoff time. He said Ihis is insignificant compared 10 the tOlal number of cars on First Avenue at eilher 8:00 a,m. or 3:00 p.m, He said if Ihere were 60 cars/day generated by the school, this would be ,005% of the Iraffic on First Avenue al a count of 12,000 cars per day, Kohli slressed Ihat the Board should consider the merils of Ihe request and whelher it metlhe rules and regulelions of Ihe Zoning Ordinance, He gave speciallhanks to Vogelzang for making the mOlion to reconsider Ihis ilem, CraiQ Welt thanked the Board for reconsidering this item. Well stated that most of Ihe parenls were inleresled in carpooli,ng, because it would be more convenient Ihen individually driving their children 10 school each day. He explained thaI preschools are generally selected besed on their proximity to either home or Ihe parents' route to work. He Slated Ihat the parents of children who would attend Ihis school did not have Ihis type of a choice and came from Ihroug~oul Ihe community. rJl.15~ '" Board of Adjustment September 1, 1992 Page 3 Welt slated that if there were 130 studenls al the school, there would still be approximalely Ihe same number of cars thallhere were when Ihe daycare center was located at Ihe site, He said that Mary Siems, Director of Ihe daycare center on the site, had indicated that all of the parenls drove their own children 10 the school. Welt said Ihat there were 50.60 automobiles driven to the site every day for the previous use, and with carpooling the Christian School would have approximately the same number of cars every day for an enrollment of over 100. He said that if enrollment were limited to 60 children, there would be about half Ihe number of cars that the daycare center had experienced. He explained that parents would have their vehicles facing west when they dropped their children oft, so the children could go directly into the fenced area and would not need to cross any roads or go Ihrough traffic. In response to a queslion from Johnson, Kohli stated Ihat there are ten parking spaces on the site and thet an additional six spaces are available at Eastdale Plaza. Rockwell clarified Ihat Eastdale Plaza had overcommitted on the number of parking spaces that other property owners could use. She stressed that some of the other businesses have agreements involving 10ng'lerm lease arrangements, and Ihat the six spaces off. site should nOI be considered to be available for use by Ihe school. Kohli said Ihat the Siems building was conslrucled before Ihe Moreland building so he fell the Christian school had a right to these parking spaces, Rockwell suggesled that he invesligate whelher Siems, Inc. had a leese agreement with Eastdale Plaza for the six spaces. In response to a queslion from Baker, Kohli indicated approximalely 40 students were registered 10 attend the school. In response to a question from Pelton, Kohii Slated that classes limiled to 20.22 children were preferred. Kohli reiterated that the application met all Code requirements. Rockwell clarified Ihat simply because an applicant hes met the regulations of the Ordinance, there was no guarantee of approval by the Board. She sIres sed Ihal all special exception appllcalions must meet Code requiremenls, excepI for Ihe specific requesled exception, The Board may consider the circumstances of bOlh the use and the location. The Board can eSlabllsh condilions to miligate negalive circumstances, or deny Ihe request, even if the applicant has met all Code requiremenls. Don Halverlv, 1136 Downer Drive. staled Ihat a concern expressed by the Board at its lasl meeling relaled to extracurricular activities and where Ihese would be held. He had checked with Ihe Iowa City Community School Dislricl regarding its policy. He was lold Ihet anyone requesling use of public school facililles must give Ihe date and lime Ihal Ihe facilities wouid be needed, and Ihe services needed for setup and cleanup. He spoke with Ihe principal al Soulh East Junior High, who rei Ie rated Ihe same policy. He indicated thaI Soulh Easl Junior High would be the preferred location for extracurricular aClivities, because of its proximity 10 Ihe proposed school sile. Bob Rehhus, 702 14th Avenue, stated that having the Christian school on Ihis sile mighl help the Iraffic situation over what had existed with the daycare center. He nOled Ihal children al a daycare center are generally picked up at Ihe peak traffic period of 5:00 p,m" while Ihe children al the Chrislian school would be released al 3:00 p.m. ' r216~ . Board of Adjustment September 1. 1992 Page 4 Michael Kohli, 6 Woodland Helahts, stated thaI she had a lisl of businesses located In Ihe area Ihat supporl the request. She said there were 11 businesses in the area. She had spoken directly 10 all the managers. except Patricia Kamath, who was on vecation. Kohli Indicated Ihat wilhout exception, all ten owners conlacled gave Iheir approval of the request and applauded the parents' efforts. She said many thought that it would bring a special flavor inlo the area. She noted that Dr, Moreland was inlerested in presenting a program on denIal hygiene at the school. She nOled there was also vacant land in the area that the school could use for a playground just as Ihe daycare center had on Ihe condilion thallhey maintained and mowed the spot. She stressed that the businesses in Ihe area were willing to do all kinds of things on the school's behalf. She presented Ihe list of businesses to the Board, BOARD DISCUSSION: Baker indicated Ihat he had attended Ihe August 12, 1992, meeting as a member of the audience so was familiar wilh this issue. Johnson said she had concerns wilh the use of the driveway, which was also used by Systems Unlimited. She also said that a decision couid nOI be based on promises to carpool, because Ihe situalion could change. She had concerns regarding Ihe truck Irafflc and Ihe drive.up window traffic associated with Wendy's. She said these concerns had nOI changed since the August 12, 1992, meeting. Beker seid that traffic was not a concern for him, because Ihe proposed school would have a negligible impact on this area. He was concerned regarding Ihe projected enrollment and felt the slaff recommendation 10 limit enroliment 10 60 studenls was roasonable. Galer stated Ihat an enrollment Iimil of 60 stud en IS was approved by the Board for a somewhat similar use and should be applied 10 Ihis request. He said he would be opposed to ellowing a higher enrollment. Galer slressed thaI he would probably objecl 10 Ihis use on Ihis sile aitogelher if Ihe Board had not previously approved Ihe daycare center for Ihis properly, He said nOlhing was presenled at Ihis meeting 10 change his vOle on Ihis item, Vogelzang said Ihat he had toured Ihe building. The only question in his mind was Ihe cap on Ihe enroilment. He asked if enrollmenl were limited 10 60 studenls, could the Christian School Association come back before Ihe Board 10 requesl a change. Rockwell indicaled that Ihe applicanl could requesl an amendmenl and would need to demonstrale 10 the Board Ihat Ihe school could operate al a higher enrollment wilhout creating negative impacts for the surrounding commercial uses, She said that Ihe school could provide information for the Board's review, inciuding traffic counls, the effecliveness of carpooling, and reactions from property owners in the area. Vogelzang said he Iried 10 envision 130 people in Ihe building in a classroom Iype of setting. He felt Ihat a figure between 60.130 would be appropriale. but for the sake of proceeding would accept Ihe limit of 60 on enrollment 10 prevent furlher delays. Pellon didnol agree with Iimiling enrollmenllo 60 studenls. He said Ihere was a precedent for Ihis type of use on this properly based on the Board's approval of Ihe daycare cenler al this site, He noted the support of Ihe neighbors which had been confirmed in wriling, He was impressed by Ihe parenls' attitude. He supported Ihis enlrepreneurial altempt., He said thaI the parenls have the safety of their children in rA.15~' ~"",,,,,,,,,~,,,,,,,,,,'_,""_'''''''''''____'''N Board of Adjustment September 1, 1992 Page 5 mind. and they have tried to reduce some of the risks associated with traffic in the area. MOTION: Vogelzang moved to approve EXC92-0017. a request submitted by Siems. Inc. for a specie I exception to permit e religious Institution use. a Christian school for klndergerten and first through eighth grades. for property located In the CC.2 zone at 1470 First Avenue. subject to the applicant: 11 limiting enrollment to no more than 60 children. and 2) securing City Building Official and City Fire Marshal app'roval prior to expansion of this use Into a fifth classroom. This approval is contingent on the school obtaining 501(c)(31 status from the U.S. Internal Revenue Service and submitting confirmation of that status to the City. Although the requested religious use can be established prior to receiving 501 (c)(31 status confirmation. said confirmation must be submitted to the Department of Housing and Inspection Services Immediately upon' receipt. In the event the U.S. Internal Revenue Service denies 501 (c)(3) status. this special exception becomes null and void. Galer seconded. The motion carried 5.0. BOARD OF ADJUSTMENT INFORMATION: Rockwell stated that she had attended a land use law conference in Des Moines on August 28. 1992. and would summarize some of the more pertinent information for distribution to the Board. ADJOURNMENT: Pelton adjourned the meeting at 5:18 PM. John Pelton. Chairperson c:.~ we . Board Secretary Minutes submitted by Mary Jo' Neff. \boIS.I,min ~/5~ "-. &"rd c~ ft~usf1Nnt--. R.Egl.l.la.A. -QOt1MCi{ meEbl\l~ &phtmb:.r- (, \ 9 9 :2- Y:30 'P. m. '?ita.se Si~~ IN: 4. E(j~.l4r( $. ':A~ ~~ '. 7. 8. 9. 10. II. 'J. , 13. ''I. Bcl.d~e.S5~ o ())OouuJlUf) Jiik. fClO'L 0nl.s/~ Dr: 1/3(." "[A"LoJ.vrr DIl . ;01. 11(ft. Ib.le & UJ~tJ Gftz - " , ctlS~ ~) :J . MINUTES IOWA CITY BOARD OF ADJUSTMENT SEPTEMBER 9, 1992.4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS . . :...;,,:, , . "l;;\{i:J """" ~ ~ l' ,,' . '... l'~u . .......'- ",' ", .!\. ~t ~,~ F . ."'.\~' ;,; " . ""","nnJ', ~ . . '- .1'1:",..Ji,.J~~I:'f. '~~~~ MEMBERS PRESENT: Larry Baker, Ernie Galer, Catherine Johnson. John Pelton, Rich Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Marsha Bormann, Mary Jo, Neff OTHERS PRESENT: Tom Casavant, Karen Casavant, Robert Woodburn, Charles Kinney, Daniel C. Yaeger CALL TO ORDER: Chairperson Pelton called the meeting to order at 4:36 p.m. CONSIDERATION OF THE MINUTES OF AUGUST 12. 1992: Vogelzang moved to approve the minutes of the August 12, 1992, meeting. Johnson seconded. The motion carried on a 4.0.1 vote (Baker abstaining because he was not a member of the Board at the time of the August 12 meeting). SPECIAL EXCEPTION ITEMS: 1. EXC 92-0023. Public hearing on a request submitted by Thomas and Karen Casavant for a special exception to permit a side yard modification for property located in the RS,8 zone at 423 Grant Street. Rockwell reviewed the staff report dated September 9, 1992. Staff recommended that the special exception to reduce the side yard requirement for property located at 423 Grant Street from five feet to three feet for the 20,foot length of the garage be approved. rUBLlC DISCUSSION Tom Casavant. aoolicant. stated that it made sense to have this modification. He stressed that the building addition would solve an existing prOblem of having too narrow a space between the home and garage. He had contacted his neighbors to clarify that the application involved an addition to the residence; not the construction of a building near the lot line. Karen Casavant. aoolicant. presented the Board with a letter dated August 26, 1992. to property owners which was signed on September 9, 1992, by Kenneth Putnam of 426 Grant Street indicating that he had no objections to this request. BOARD DISCUSSION Pelton acknowledged the receipt of a packet of approximately 12 letters from neighbors expressing no objections to this request. Rockwell explained that she had J/efJ __..-.....--...... 'iii'............ l" Board of Adjustment September 9, 1992 Page 2 received calls with questions about this project. but no caller expressed opposition to the project. Johnson noted that the long-term effect of this project would be desirable for the neighborhood. Peiton stressed that there would be no real change or effects to the neighbors' property. The addition would only affect the subject property. It would not change the location of the existing garage. He noted that there was not a practical alternative. Pelton stated there was strong evidence of support for this request by the neighbors. MOTION: Johnson moved to approved EXC 92-0023. a special exception to reduce the side yard requirement for property located at 423 Grant Street from five feet to three feet for the 20.foot length of the garage. Vogelzang seconded. The motion carried 5-0. 2. EXC 92-0021. Public hearing on a request submitted by Robert L. Woodburn for a special exception to permit dwelling units above the ground floor of a commercial use of property located in the CI-l zone at 1 1 16 Gilbert Court. Rockwell reviewed the staff report dated September 9. 1992. Staff recommended that the special exception to permit up to three dwelling units above the ground floor of a principal use for property located in the CI.' zone at 1116 Gilbert Court be approved, subject to conformance with the site plan submitted August 31,1992. Baker noted his concern about the prevalence of vacant commercial space in similar types of development. Rockwell responded that staff shares this concern, because the residential use sometimes supplants the commercial use in this type of development. Baker asked if staff could conduct a survey to document whether the Ordinance is being used in a manner that it was not intended to be. Pelton indicated that this would be helpful to all of the Board members. Galer stated that while he appreciated staff's concerns. he felt that if the use is allowed under this special exception process. then the property owner has the right to such a use. Baker noted that the Board could make recommendations to the Council and Planning and Zoning Commission regarding the appropriateness of a particular speCial exception. PUBLIC DISCUSSION: Robert Woodburn. aoolicant, stated that if commercial uses were vacant, then this would be a concern for the property owner. He said he would not build commercial space if he did not have use for it. He planned on using at least 50% of the commercial space in the proposed building for his business. and possibly all of the commercial space. He indicated that he had met all of the requirements of the Zoning . Ordinance. He stated that in terms of providing reasonable greenspace, other businesses in the area have not provided for any greenspace. He noted the planters on his site. the ten-foot strip of grass on the north portion of the property and the five trees that will be planted. He emphasized that this is an improvement over the current situation. Woodburn planned to have interior stairwells to the residential units. He indicated that only 25% of the building would be used for residential purposes. Woodburn had received only one call from a property owner to the north, who had questions. but no objections to the proposal. rJ15(P . ".. Board of Adjustment September 9, 1992 Page 3 In response to a question from Baker. Woodburn stated that he could designate parking for the apartment dwellers. He currently had 20 spaces on the site and had never had any problems with parking. He stressed that his business had very little night traffic and explained that it was generally open until 5:00 p.m., except for Mondays and Thursdays when it was open until 8:00 p.m. He said that the Queen's Ransom always closed at 5:00 p.m. Woodburn did not anticipate any parking problems and said that the new design would facilitate the loading and unloading of trucks. BOARD DISCUSSION: Baker had concerns with this request after looking at the area. He said he was new to the Board so he would not be voting against his own prior judgment if he voted against this request. Woodburn stated that there were ten properties within a two- block area with residential uses above commercial uses. Woodburn indicated that one had been approved by the Board within the past several months. Johnson noted that the Board had been deluged with this type of request and the appropriateness of each request shouid be considered. Vogelzang said that there is a concern within this community to provide additional, affordable housing. He was not sure if the Board should question the quality of the housing due to its location. He stressed that rental income was a concern of the property owner. He did not feel this should be a topic of discussion for the Board. Galer expressed his agreement. He noted that having apartments above a commercial use was a permissible use. There was no reason to deviate from past Board actions as long as the application met the requirements set forth in the Code. He said it might be appropriate to consider adopted criteria for future requests, but stressed that this applicant met the current requirements. Pelton expressed his agreement and said this applicant should not be treated differently from other applicants if he meets the standards. MOTION: Vogelzang moved to approve EXC 92.0021, a special exception to permit up to three dwelling units above the ground floor of a principal use for property located In the Cr.1 zone at 1116 Gilbert Court, subject to conformance with the site plan submitted August 31, 1992. Pelton seconded. The motion carried 4.1 (Baker voting In the negativel. 3. EXC 92.0022. Public hearing on a request submitted by Charles Kinney, on behalf of property owners William and Pamela Thompson, for a special exception to permit a front yard modification for property located in the RS.8 zone at 721 Oakland Avenue. Rockwell reviewed the staff report dated September 9. 1992. Staff recommended approval of the request to reduce th~ front yard r()t;~ :renlent along Oakland Avenue from 20 feel to 12 feet for the 'I e l,jot length of the proposed covered porch for property located at 721 Oakland Avenue. PUBLIC DISCUSSION Charles Kinnev. aoolicant, presented letters to the Board from neighbors in support of the project. He explained that this was a restorative project. He said that in the late 1940s or early 1950s, the porch was torn out. The proposal was to construct a porch a.15f, Board of Adjustment September 9, 1992 Page 4 that would be structurally similar to the original porch. Johnson noted that the present porch was not in keeping with the residential structure. Kinney noted that if this had not been a corner lot, construction could have continued without a special exception. He stressed that the porch would not interfere with visibility for traffic in the area. He stated that high quality materials would be used so deterioration of the porch should not be a problem. BOARD DISCUSSION Pelton noted that the Board had received three letters in support of this project from neighboring property owners. Vogeizang noted that the addition should improve the property. Johnson said construction of the porch should help the neighborhood to maintain its integrity. Pelton said that the applicant met the standards for granting a special exception. He stressed that the porch was already constructed. That the applicant only desired to construct a roof, so there should be a minimal impact on the neighbors. He said this would be a positive addition to the home and the neighbor- hood. In response to a question from Pelton, Rockwell stated that she had received no objections to this request from neighbors. MOTION: Johnson moved to approve EXC 92-0022, a request to reduce the front yard requirement along Oakland Avenue from 20 feet to 12 feet for the 18.foot length of the proposed covered porch for property located at 721 Oakland Avenue. Vogelzang seconded. The motion carried on a 5-0 vote. 4. EXC 92-0024. Public hearing on a request submitted by Daniel C. Yaeger, on behalf of property owner Carmen Poulsen, for a special exception to permit dwelling units above the ground floor of a commercial use of property located in the CC-2 zone at 900 First Avenue. Rockwell reviewed the staff report dated September 9, 1992. Staff recommended approval of the special exception to permit up to four dwelling units above the ground floor of a principal use for property located in the CC-2 zone at 900 First Avenue. subject to conformance with the site plan submitted on September 3, 1992. In response to a question from Johnson, Rockwell explained that two unrelated people can be defined as a family under the Iowa City Code, so five unrelated people could live together in one dwelling unit in this zone; that is, three roomers in addition to the defined family could reside in each apartment. PUBLIC DISCUSSION Daniel Yaeaer. aoolicant. explained that the commercial portion of the building would be for his office. He explained that the procedures that he does only provides for one new patient every other day. He stressed that he was proposing an upscale, secure housing, which all deserve. especially the elderly and handicapped. He said that a 'handicapped parking space would be inside the building for security reasons. He planned to have one-bedroom and two.bedroom apartments with a goal of attracting young professionals like himself. J./SftJ ....-"..-...-...."I&lt'......- .,,-- ~._- _.____.., ~ ~...A__..,.1W~.~---.-.'IftII(..... -, Board of Adjustment September 9, 1992 Page 5 Yaeger stressed that since the proposed building will house his medical office as well as apartments, he was especially concerned with the appearance and aesthetics of the building. He said the architectural design would 'be somewhat like modified 'cubism, except it would have a peaked roof. He said that his goal was to have it look like a professional office building, not the more traditional commercial building with dwelling units. Yaeger noted that the area is in need of greenspace and he had planned for a maximum of greenspace. He stressed that there could be other applications for development in the future and his building could be the cornerstone to improve the area. Yaeger emphasized that he needed the apartments to help subsidize the construction of the building, but he hoped to have some of the nicest apartments in the community. He indicated there would be a video monitor in order to record who enters the building. All residents will have access to the monitors. In response to a question from Pelton, Yaeger said he was purchasing the property, subject to Board approval of this request. BOARD DISCUSSION Baker stressed that this would be an easy decision for him and would be consistent with his reluctance to support the other proposal. He stressed that this request exceeded the minimum requirements and was located in a different zone. He emphasized that it was in stark contrast with the previous application and would result in an improvement for the area. Pelton stressed that this would be a nice addition to the neighborhood and would provide a substantial benefit to the neighborhood. He said that the applicant is cognizant of the need for greenspace and intends to establish evergreen and deciduous trees. He indicated that although the applicant could have nine dwelling units on this property, he only proposed four. Pelton stressed that the applicant also would exceed the minimum parking requirements. In response to a question from Pelton, Rockwell stated that she had received no objections to this request from neighboring property owners. MOTION: Vogelzang moved to approve EXC 92.0024, a special exception to permit up to four dwelling units above the ground floor of a principal use for property located In the CC.2 zone at 900 First Avenue, subject to conformance with the site plan submitted on September 3,1992. Baker seconded. The motion carried 5-0. BOARD OF ADJUSTMENT INFORMATION: Rockwell reviewed page three of the staff report for EXC 92-0021, in which staff expressed concerns about the number of applications for dwelling units above a commercial use, resulting in intense site usage. She said staff was reluctant to recommend approval of such requests for residential uses above the ground floor even when the applicants met all Code requirements. She explained staff had noticed that although the residential uses are usually fully leased, the ground floor commercial uses are often empty. She said because residential uses are being permitted in commercial zones, staff was a concerned about there being enough greenspace to buffer the residential uses from other commercial uses, especially in the C\.l zone where intense industrial uses are allowed. She said it would be more helpfui cill5fJ --. I Board of Adjustment September 9, 1 992 Page 6 in evaluating this type of request, if there were additional criteria to be considered. She noted that the requirement for 1,800 square feet of lot area per dwelling unit did not take into account the commercial usage of the site or the number of bedrooms that would be constructed per dwelling unit. Rockwell stated that this type of special exception created an intensive use of sites, and allowed the dominant use to be residential and not commercial, although located in commercial zones. She reviewed stall's concerns, which were the following: 1) the high intensity of use, 2) the lack of greenspace and buffering, 3) the minimal provision of off-street parking, and 4) often, the supplanting of the primary, permitted uses in the commercial zones. She asked the Board to consider recommending to the Planning and Zoning Commission an Ordinance amendment adding criteria to the special exception requirements for residential development above the ground floor of a principal use in a commercial zone. Johnson cited the building on South Dubuque Street which has exterior stairwells that look unsatisfactory and difficult to access. Galer said he would have difficulty in '<lquiring additional standards, especially given the new handicapped accessibility requirements. He said additional standards might make the provision of housing more difficult in this community. In response to a question from Rockwell, Galer stated that the Zoning Ordinance allowed residential units in non-residential zones so Council had already made the decision that residential uses do not necessarily belong just in residential zones. Baker said that having additional criteria would help in reaching decisions on this type of application, because as it currently stood, it was a subjective process as to what was acceptable. He noted that when the Planning and Zoning Commission went through the process in 1983 of amending the Zoning Ordinance. the Commission knew that changes might be needed in the future. He said the residential uses were permitted above the ground floor to provide incentives for commercial development and to build a commercial base, not to replace commercial uses. He said with the first request that the Board heard at this meeting, he had problems with the location of a residential use in a nearly industrial environment. He said more objective standards would help. Pelton stressed that the Board applied facts, but did not make policy. He said that the Board could make the recommendation to both the Commission and Council. He asked if staff had presented its concerns to the Planning and Zoning Commission. Rockwell responded that staff had not yet presented its concerns to the Commission. She stressed that staff was concerned with the results of what had been approved in the past, and the increasing number of requests for residential units above the ground floor. Pelton stated that residential property was needed close to the campus so he generally viewed these requests favorably if they met the standards. He said if the quality of the location was an issue, this would be a market decision, which was beyond the jurisdiction of the Board. Pelton said he would have a prOblem with recommending any specific amendments, but he would have no problem with recommending that the Commission review the Ordinance. Baker said he wouldn't have a problem with recommending that the Planning and Zoning Commission'review and consider amending the Ordinance. Galer said he would h,esitate to even recommend a review of the Ordinance. He said staff could present its views to the Commission on its own. ~ 10/1 _~i ' -" Board of Adjustment September 9, 1992 Page 7 Vogelzang stressed that many things are market-driven. He said some of the regulations that had been developed may prohibit dwelling units from being ,built. He wanted to give the issue more consideration before making any recommendations to the Planning and Zoning Commission. Baker stated that the Board was more likely to be aware of the problems associated with this type of special exception than the Planning and Zoning Commission. Johnson said that if there were more criteria, such as a requirement that there be interior stairwells, then all applicants would be treated the same way with the same requirements. She noted that builders will go the cheapest way if there is an option, so some standards must be included in the regulations to achieve safety. Pelton sensed a hesitation on the part of the Board to take action at this time. In response to a question from Baker, Rockwell stated that staff can proceed and express its concerns to the Commission. Pelton noted that the next Board meeting would be held on October 14, 1992. Johnson stated that she would be unable to attend the October 14 meeting. Galer said that he could not attend the November 11, 1992, Board meeting. ADJOURNMENT: Pelton adjourned the meeting at 6:02 p.m. John Pelton, Chairperson c.1::.....l<'C"lO kw II, Board Secretary Minutes submitted by Mary Jo Neff. \b0l9.9 ~/5~ -. BOMd or Pr~w.~~ R.Egl.l.la.A. -COlLl\lC~ meEfll\l~ 6c.r~rrk:r" C\ , 14 9 ~ Vl30 'P,m. '?ita.se Si~~ IN: ~a.me..: I. \;;VV\ GSClI/Cl,j- J. Rbb~.J\- l. IN Oo~f1u~JY 3. (! HAtL~5 KIN/-( [~ 4. illV' Yr.", {tP- $. ,. 7. 8. 9. 10. II. 'J. 13. '1/. 'Acl.dlie.S5~ ~- 41 ~ G-vt\.J '1(liP ~1!-.l?~t{T {b\llR'( S;S""f S7" .4~t-( l S D!2~ ifl'SJ . 8l1'. 'f ZO ~ I Smval, T'-' , , J./5b --. AI) I \V\~ ) Mayor's Youth Employment program Minutes Board of Director's Meeting Auqust 26, 1992 Board Members Present: Bob Lehnertz, Jacque McClure, Carrie Norton, Loren Forbes, A.K. Traw, Barry Kucera, Rob swift, Sheila Creth, Pat Schnack, and Jean Mccarty. Staff Present: Peg McElroy Fraser. Call to Order: Bob Lehnertz called the meeting to order at 7:05 A.M. I. Introductions and Welcome: Bob Lehnertz welcomed all in attendance. Sheila Creth was appointed by the City Council at their August, 1992 meeting. II. Approval of Minutes: Minutes from the June 24th meeting were approved by consensus. III. Additional Agenda Items & Correspondence Received: 1. There were no additional agenda items or correspondence received. V. New Business: 1. Nominations for Board Officers: The nomination committee reported that they had prepared a slate of candidates for the board officers for FY 1993. The recommended members included: Barry Kucera, President, Rob swift, Vice-president, Loren Forbes, Secretary, and Ken Haldeman, Treasurer. Jacque McClure moved and A.K. Traw seconded to app~bve the slate of candidates as recommended. Motion carried/MSC. 2. Peg and Bob reported that due to Bob's move from the City to the County, it was necessary that he resign from the board of directors. His term has been advertised and there were several candidates for the position. The City Council will announce the position. Members of the board and staff expressed their deep appreciation for Bob'.s involvement with MYEP. 3. Quarterly Report: The final report of FY 1992 was submitted to the board as part of the monthly mailing. Peg indicated that she would be providing some comparative statistics between FY 92 and 91 for the board. In addition, she will prepare a basic report that should be helpful in understanding youth served through the program. . ';'/57 - - - . --. VI. Old Business: 1. Committee Reports: a) Peg reported that it is now time for the board to make decisions concerning committee selection for FY 1993. It was recommended that there be some consistency among board committee membership, however, board members were urged to make selections based on their interests. Peg indicated that she will send a copy of the description of the function of each committee and will request that board members contact her once they have made a decision about the committee(s) of preference. 2. Final Approval of FY 1993 Budget. Peg requested that the 93 budget be approved with all known modifications since the preliminary budget was approved by the board. Loren Forbes moved al1d Barry Kucera seconded to approve the budget as presented. Motion carried/MSC. VII. Adjourn: The meeting was adjourned at 7:55 A.M. The next, meeting will be September 23, 1992 at 4:00 PM. Respectfully submitted, ~"R ~ Secretary ~~Pr~~ Peg McElroy Fraser Executive Director A3MIN92.AUG ,;(,/$7 .. , I , -. , \~) ^"o~ ) . I I MINUTES PARKS & RECREATION COMMISSION September 9, 1992 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: GUESTS: IOWA CITY BOYS BASEBALL - LIGHTING BALL FIELDS IN CITY PARK: John Beasley. Bill Brandt, Deb Liddell, Jennifer Olson, Dee Vanderhoef. John Watson, Mary Weideman, Todd Welk Craig Willis Carroll, Kriz, Trueblood Dick Jackson, Howard Villhauer, Kevin Houlahan, Tim Ansley, Richard Rhodes, Jim Murphy Dick Jackson, board member of Iowa city Boys Baseball, addressed the commission regarding the possibility/feasibility of lighting a portion of the ball fields in city Park. He indicated the number of youth coming into the program has grown. Iowa city Boys Baseball has 825 youth participating in the program this year, and projections indicate the, possibility of over 900 youth participating in the future. He stated they looked at the area to expand into other diamonds and there is no additional room. He noted they have talked about the possibility of expanding the time frame on their senior leagues to accommodate all interested youth. In order to do this they would have to put in some lights, and have an opportunity at this time to pick up lighting at a good price. Watson asked how many diamonds they would like to light. Howard Villhauer indicated they would like to light diamonds #1 & #2, which are located on the east side (fields closest to the parking lot along the river). Brandt questioned if they would be seeking financial help from the city, Villhauer indicated not at this point. Jackson stated they were basically present to see if lighting would be feasible and to determine what their avenues are. He stated as far as expenses they have some questions on part of it. Villhauer stated that the initial cost was not a great concern to them, but they are concerned about the monthly maintenance cost. J./Sg. _ .AlltJI___.____. __....~.w......_.._ -.. I Weideman asked Villhauer what his oplnlon was on lighting and how lighting would affect the neighbors. Villhauer indicated he did not believe the lighting would bother the neighbors since the fields to be lighted are a considerable distance away from the residential area. Trueblood stated the light overflow would be insignificant, with today's state-of-the art lighting. Vanderhoef asked if they had talked with parents about games not ending until 9:30 p.m. Jackson stated they have had a lot of conversations off-hand with parents, coaches and players who have indicated they would like to have lights. At this time, some games are called due to darkness and they would like to finish those games. He noted that the senior league would be the group that would be scheduled to play last. Weideman stated that paying for the cost of utilities and maintenance would have to be worked out. Trueblood stated that based on information he received, the electric bill would probably be around $500 for the whole season. Beasley asked if the city paid for the lights at the Mercer Park ball diamonds, with Trueblood indicating they did. Weideman stated the main issues are that the lights not cause a nuisance for neighbors/other park users or create cost problems for the city. Liddell asked what the city's responsibility would be for providing lighted areas for pedestrian's safety going to the fields and restrooms since the city would be endorsing night-time activity. Villhauer noted there is a light by the club house and the parking lot is next to the fields that would be lighted. Watson stated there should be a security light in the parking lot. Liddell asked if problems would be created with other groups using the lights. Trueblood stated outside use would have to be scheduled through the department and with Iowa city Boys Baseball. The consensus of the commission was that they were supportive of the concept of lighting the two fields, and endorsed the proposal to enhance the fields at city Park by allowing Iowa city Boys Baseball to install lights on 2 ,;./58 -- HICKORY HILL PARK: diamonds #1 and #2 as long as the safety and cost concerns were resolved with staff. Beasley asked if Iowa city Boys Baseball has exclusive rights to the fields. Trueblood stated they have priority use but not exclusive use, same as Girls Softball, Iowa City Kickers and Babe Ruth Baseball at other parks. Watson noted these groups have an affiliation with the department, and are given priority use. Commission members discussed the proposed draft of a letter to City Council regarding dedication of the stormwater detention areas adjacent to Hickory Hill Park as parkland. Watson asked about the memo which had been prepared by a past assistant city attorney re dedicating stormwater detention areas as parkland. Weideman stated the gist of the memo expressed concerns that if the areas are dedicated as parkland and at some point in the future the areas are undedicated there would be a risk of litigation. It also noted the areas do not have to be dedicated in order to use them as a park, and was recommending using the areas as parkland without dedication. Trueblood noted that City Attorney Linda Gentry stated that the Department of Natural Resources has some control over stormwater detention areas and a search of the files in the Public Works Department should be made to determine if there are any restrictions/limitations. Watson asked about Scott Park. Trueblood stated Scott Park is not dedicated as parkland. Murphy noted that the proposed letter refers to the 43 acre parcel north of HiCkory Hill, and does not refer to the sum of land along First Avenue. He stated the letter should cover all stormwater detention areas adjacent to Hickory Hill Park. Weideman stated this change would be made. Liddell stated it might be helpful- to attach a map of Hickory Hill Park shading in these areas. '" Olson asked if the commission still wanted to recommend that this land be dedicated as parkland. Weideman noted that part of the commission's role is as advocates and that any time the commission can get land dedicated as 3 .2158 parkland it is good. Watson stated he did not think dedicating it as such was meaningful; the city will not sell it and it can not be built on. Liddell noted that if First Avenue goes through she was not sure that this area would be protected. Brandt stated that dedication would protect it. Watson stated that no matter what it is called, its use would remain the same. Brandt stated if adjacent area is developed the land's use probably would change, in that there would be a need for a small park in the area with some play equipment. Weideman asked budget-wise if there would be any impact, adverse or positive, if the land was dedicated as parkland. Trueblood stated the department would need to budget for park- like improvements. Jim Murphy noted that the terrain of the section along Dodge street would not allow for active recreation but that the area adjacent to First Avenue could be developed as such and would create an entrance to the park. Richard Rhodes stated that any new development to the northeast of Hickory Hill Park would need to have a stormwater detention area, and the area most likely to be used as such would be adjacent to Hickory Hill Park and could be a further addition to the park. Vanderhoef noted that there is another possibility of this occurring next to Willow Creek Park (Dane property), and the commission should be consistent on stormwater detention areas. UPDATE RE LOW INCOME FEES AND CHARGES: Weideman stated she would change the letter to include all areas contiguous to Hickory Hill Park that are not presently dedicated as parkland and setting out the reasons why the commission urges dedication of these "reas. Murphy noted that if there was a First Avenue access that it would be much easier to administer the land. Trueblood suggested a change reflecting that Parks and Recreation would be responsible for maintenance, except as it relates to stormwater management issues. Trueblood reported that the low income update would be given at next month's meeting due to Michael Moran being called out of town. Trueblood indicated. both te and Moran would be out of town on the 14th, the next regular date 4 ot /$$ '".l ._..hffoI. Ii"~---"~-_.'~"'-."-"'-- 1..__ ....... ......~._...~_..._--,-_._......._......._."...." -.--. "-. RIVERFRONT & NATURAL AREAS COMMISSION REPORT: NEIGHBORHOOD OPEN SPACE COMMITTEE REPORT: RYERSON'S WOODS COMMITTEE REPORT: COMMISSION TIME: for the commission meeting. It was decided to move the October meeting to October 7th. Liddell reported that it was clarified at the last Riverfront & Natural Areas Commission meeting that Project Green is responsible for maintenance of the area along Rocky Shore Drive. Brandt asked about Project Green's capital, with Vanderhoef indicating that Project Green was presently sOliciting funds for the renovation of College Green Park. Trueblood stated when the bids came in high for this project, Project Green reduced various items and it appears a contract will be let for $163,000. The city will be assisting in this project by removing park equipment, removing and transplanting trees, installing new playground equipment, etc. Liddell also noted the Riverfront and Natural Areas Commission sent a letter to the City Council endorsing the commission's memo to the City Council regarding the Parkland Acquisition Fund. Watson reported the Neighborhood Open Space Committee was moving ahead, although at times it has been difficult to do so. The committee has gone through the whole city in developed and developing areas, divided it as to where there is a deficit of open space, and are determining ways to create more open space in those areas where it is needed. Trueblood reported that the REAP grant recipients have not been determined as yet. Weideman stated she would appoint a commission member to be on the Ryerson's Woods committee at next month's meeting. Watson asked about the trees in the old nursery at Scott Park. Trueblood stated most would be transplanted to street right-of-ways and the ones too big would remain in the nursery. Watson noted that craig willis is no longer on the School Board, and wondered what was being done with the .school board representative seat on the commission. Trueblood thought that technically willis may still be on the commission until the School Board appointed a new representative. 5 oust -. Welk stated he received a call from Joan Max requesting that playground equipment be put in Hunters Run. Trueblood stated he had also talked with her and told her there were no immediate plans for any equipment mostly because the city has not accepted the land yet. He noted staff would seek neighborhood input on what they would like. The city Attorney sent Mr. Schintler a letter informing him as to what he needed to do before the city accepts the parcel, and staff is waiting to hear back. Liddell stated when she painted the soccer fields at Court Hill and Scott Parks that she was impressed with the shape of both parks. She also asked if more vandalism was occurring in city parks, with Trueblood indicated not any more than normal. He noted there has been less vandalism to equipment at City Park due to the new storage building, and that the downtown area has a constant problem with vandalism. DIRECTOR'S REPORT: Trueblood reported on the following: Colleae Green Park. Construction will possibly begin in the next two to three weeks, and staff will put out a news release informing the public. He noted that several trees will be removed, but that quite a few more trees will be added to the park. Grant for Plavaround Eauipment. Staff is considering applying for a grant for playground equipment from the Carver Foundation. This program started up just one year ago, and is geared more towards schools and accessibility. Staff is looking at doing a project with the Horace Mann'School. Hickory Hill Survey. Staff needs to address the seven suggestions listed in the letter from Environmental Advocates, and will draft a response/request for guidance on each of those points. Trueblood indicated he. would like to walk the area with Jim Murphy. Weideman asked that he notify commission members of the date in case a member would like to go also. He reported that the firm who was hired to complete the survey of HiCkory Hill Park is extremely busy, and submitted two prices; one 6 oU58 ~4'''''''~.'- -------- .-..----....... - ."'JL_ Jt-M_.... 1 ,I ~. for if they do it immediately ($3,600) and the other if they do it after the leaves are off the trees ($1,900). The survey will be completed sometime after the leaves are off the trees. ADJOURNMENT: Moved by Brandt. adiourn. Unanimous. 7:10 p.m. seconded bv Olson. to The meeting adjourned at 7 0(/$8 "-. \ \ ~ ) fJ:J '\)(J . . . I '~--" . '. - . "~ ,,!.~. ' v, * .'. ~ ~ '.~. __: , ' , . , , . , .' , .. . . (' \ . 1 ../' 1....:.. '1' . -. . . . , I ' , , ' . " " " " . .' . ,1.,'" . .:. -. '. ~ -. - MINUTES RIVERFRONT & NATURAL AREAS COMMISSION SEPTEMBER 16, 1992 - 5:30 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Barbara Hinkel, Debora Liddell, Nancy Seiberling, Dean Sullivan, Larry Wilson MEMBERS ABSENT: Roger Bruner, Steven Ford, Jan Hubel, Loren Horton, Don Otto, AI Rebal STAFF PRESENT: Moen, Neff OTHERS PRESENT: Terry Dahms CALL TO ORDER. INTRODUCTIONS AND ANNOUNCEMENTS: Moen began the meeting at 5:44 p.m. There was no quorum present. Moen announced that Steven Ford is the new E:oralville member to the Commission. Moen also announced that Charles Denney will be the new Associate Planner in the Urban Planning Division of the Planning and Community Development Department and will begin on October 12, 1992. Denney has experience in trail development. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none, CONSIDERATION OF THE MINUTES OF THE AUGUST 19. 1992. MEETING: This item was deferred until a quorum was available. DISCUSSION OF THE COMMISSION'S FY93 WORK PROGRAM: Moen suggested this item be deferred until a quorum is present. RIVER CORRIDOR TRAIL UPDATES: 1. Ned Ashton Gatewav. Moen stated that the Commission's recommendation to the City Council to accept the position taken by the Parks and Recreation Commission concerning parkland acquisition funds has been acknowledged by the Council. She indicated the Council will consider input from both Commissions at the time the Council takes up tbis issue. 2. Iowa Avenue to Burlinoton Street. Moe~ reported that the City's Engineering Department has committed to complete this project this fiscai year. ~/5~ ....:i ~. Riverfront & Natural Areas Commission September 16, 1992 Page 2 3. Kennedv's Waterfront Addition. Part Three. Moen reported that the Parks and Recreation Commission has allocated funds from the parkland acquisition fund for appraisal of this property. She indicated that Terry Trueblood, Director of the Parks and Recreation Department, would arrange for the appraisal. In response to a question from Wilson, Moen said that the appraisal will cost between $2,500 and $3,000. 4. Iowa Avenue to Art Buildina. Seiberling stated that she had cailed Steve Walsh of the Crandic Railroad who indicated to her that he has ideas regarding having the trail go around the railroad bridge. She indicated that Walsh would prefer to have steel piers for the trail. She suggested that Walsh should be invited to a Commission meeting to discuss this item. Seiberling said that Walsh believes that the railroad property includes only the area that slopes to the ground. She explained that she walked the area with Jeff Davidson, Executive Director of the Johnson County Council of Governments. She explained that Davidson felt that this would be an interesting area for development of a trail and that this type of project might qualify for ISTEA funding. UPDATE ON DEVELOPMENT ITEMS: Moen stated that on September 15, 1992, the City Council gave final approval to the LSRD for Rochester Hills. She explained there is a proposal to extend a road north of Rochester Avonue to gonerally connect with Hickory Trail. She indicated that the alignment of this road will be determined after the location of wetlands has been designated by the Corps of Engineers. Moen reported that ACT had proposed the vacation of Old Dubuque Road to give flexibility to their long-term plans for the campus. She said neighbors did resist the vacation based on the lack of an immediate alternative route. She explained that on October 5, 1992, the Planning and Zoning Commission and the City Council will discuss this issue. Liddell asked whet relationship this has to the extension of First Avenue. She indicated that the Parks and Recreation Commission is concerned that this type of extension could block off a corridor wildlife uses to get to their Hickory Hill Park habitat. Moen responded that the City will need to be responsive to the environment while accepting reasonable urban growth; this will require a balancing of the issues. She stressed that the First Avenue issues won't be raised in the immediate future and stated that the joint meeting on October 5, 1992, will include discussion of the street network for the area. Wilson stated that if ACT or any developer doesn't like to have a road come across their property. it should be thee property owner's responsibility to provide an alternative roadway. Moen stated that there was significant public input on the issue of rezoning the ADS tract on Sheridan Avenue at the September 15, 1992, Council meeting. She explained that the public hearing was continued to October 13. 1992. She reported that ADS indicated it might be interested in having the portion of the tract that it is not currently using downzoned, but would resist the downzoning of the entire tract. She stated that, if the property is rezoned JIS'! ._......_.~...,..._~...._-_....- -. Riverfront & Natural Areas Commission September 16, 1992 Page 3 to a residential zone, the current industrial use, which is office and warehousing, can continue as a non-conforming use. She explained that a similar use by anyone other than ADS could also continue as long as the intensity does not increase from the current level. In response to a question from Wilson, Moen stated there is a person interested in acquiring the tract and allowing ADS to lease back a portion. Moen reported that the final plat for Park West Subdivision has been approved by the City with the understanding that ten acres will be dedicated to the City as an extension of Willow Creek Park. In response to a question from Hinkel, Moen stated that some of the property is in the floodplain of Willow Creek. Liddell stated that the Parks and Recreation Commission is interested in retaining this area as a natural site and not developing it as parkland. Seiberling noted the value of neighborhood involvement. COMMITTEE REPORTS: There were none. COMMISSIONERS' REPORTS: Liddell reported that the Parks and Recreation Commission had discussed the status of Hickory Hill Park in the area that is currently used for stormwater detention. She indicated that they had recommended to the City Council that the adjacent 60 acres be dedicated as parkland or have its jurisdiction transferred to the Parks and Recreation Department for administration and maintenance rather than the Public Works Department. Seiberling reported that members of the Riverfront and Natural Areas Commission and FIRST worked with others to assist in the cleanup of Rocky Shore Drive. She noted that excellent work was done by volunteers and this was a good opportunity for the Commission to receive hands,on experience with trails. She said it provided a better sense of the problems and the responsibilities that go with trails. Sullivan asked for information regarding the status of the prairie plantings by the Heartland Inn. Seiberling responded that grasses have been coming up near the Heartland property, but noted that the lack of rain for four weeks did cause problems with the rest of the site. She noted that on the railroad side some cone flowers and coreopsis have come up. She stated that some vines must now be mowed on the site. Liddell stated that she would not be able to attend the next Commission meeting, but there will be a Parks and Recreation Commission representative present. She indicated that she feels the Parks and Recreation representative should serve on both the Woodland and Trails and Access Committees. F.I.R.S.T. REPORT: Terry Dahms reported that the organization is excited about the Iowa Avenue to Burlington Trail segment. He said they are also excited about Crandic's support for an Iowa Avenue to Art Building segment and noted that it looks like there will be University of Iowa engineering "-'59 _~'_''''''M~___ ,__,_~,""'ft_.___._................ ......-........... Tn _ ~. Riverfront & Natural Areas Commission September 16, 1992 Page 4 assistance for this project. He explained that if the year round Mayor's Youth Conservation Corps is approved, this organization could help with clearing for and building trails. He said the next problem that will be faced is a need for engineering to determine the cost of the Iowa Avenue to Art Building trail. He said that FIRST will be identifying projects to concentrate on and one critical point will be getting around the hydraulics building on Riverside Drive. He said they are also excited about the appraisal of Sand Lake. With regard to the problem of getting around the hydraulics building, Hinkel noted the trail system in Olympia, Washington. She explained that she has requested information from them on how they completed their trail system over a dam. In response to a question from Sullivan, Wilson explained the University of Iowa plan for road closures in the downtown campus to allow for pedestrian pathways. He stated that there has been some discussion of having a pedestrian overpass over Madison Street near the Iowa Memorial Union, but stressed that cost is a problem. , Dahms stated that FIRST will be having a fundraising event on October 17, 1992, for a bike ride south to Hills and back. He said they will be asking for donations in order to tie able to finance mailings, to become incorporated, and to get non-profit status. Sullivan suggested providing T.shirts to participants to increase participation and to provide additional publicity. Seiberling suggested contacting the local sporting goods stores. Moen suggested that FIRST contact local transit managers a.bout advertiSing in buses. Seiberling indicated that Dahms should contact New Pioneer Cooperative regarding publicity. ADJOURNMENT: The meeting was adjourned at 6:4B p.m. Minutes submitted by Mary Jo Neff. \reS-Ie .21$' -,-_._~_._........ _"_'_.'M_~____W"'__"'_"'" ...""..... ....._Ml.. MlIilUl"""" " '\)~, \ ~ . MINUTES IOWA CITY HUMAN RIGHTS COMMISSION SEPTEMBER 28, 1992 SENIOR CENTER CLASSROOM DRAfT MEMBERS PRESENT: Sara Mehlin, Marcia Ceaser, Alison Ames Galstad, Haywood Belle, Chia.Hsing Lu, Ken Gatlin, Rosie Starr, Jason Chen MEMBERS ABSENT: Dorothy Paul STAFF PRESENT: Alice Harris, Anne Burnside RECOMMENDATIONS TO CITY COUNCIL: None. REOUEST TO CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: None. RECOGNITION OF PUBLIC AND NEWS MEDIA: Bob Hardy and Kathy Venzke - Cable Department, John Ruth - Intern. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: None. CALL TO ORDER: The meeting was called to order by Vice Chair Lu, The next Commission meeting is scheduled for October 26, 1992, in the Senior Center Classroom at 7:00 p.m. Mehlin made a motion for approval of the minutes of August 24, 1992. Lu seconded. There was unanimous approval. CASES PENDING: Harris reported three public accommodation cases are under investigation and she stated there are three housing discrimination cases as well as one employment case. She reported the Johnson vs. Holiday Inn case was settled for $3,000. Burnside stated the public hearing scheduled for October 26 at 10:00 a.m. in Council Chambers is canceled - a joint motion for continuance has been filed. Harris asked for a status report from the teams. Team A Report: Case still in process of conciliation. No report on other case assign. m2nts. Case HID,., 3.9202 . no probable cause. Sexual harassment complaint is in the process of conciliation. On age discrimination complaint, a motion will be made to recommend case go to public hearing at the next meeting. Team B Report: Team C Report: ~/~O "I'" -" Iowa City Human Rights Commission September 28, 1992 Page 2 REPORTS OF COMMISSIONERS: Gatlin passed around posting that was proposed in Kittrell vs. Kirlin's case. Consensus was that posting be approved after all protected classes be acknowledged. Ceaser reported that she and Harris attended a meeting in Cedar Rapids concerning the save the Bosnians issue. Petitions are being circulated. Harris sent out letters concerning the issue to the political entities on behalf of the Commission. Ceaser reported that she attended the Muslim heritage function at the University and remarked on the outstanding presentation given by Professor Gregory Williams. She further reported that she had been in contact with the International Student Association and when the new influx of students arrived in the orientation session in December, the Commission would be invited to give a presentation. NEW BUSINESS: Harris stated she will be at the National Association of Human Rights Workers Conference October 7.11 in Cleveland. She will be giving a presentation on preventing sexual harassment on October 21 at Hawkeye Foods. She reported that John Ruth mailed out 500 invitations to the Awards Breakfast and so far we have received 28 reservations. She stated few nominations have been forthcoming. PUBLIC DISCUSSION: Burnside stated that she is not working on the revision of the ordinance. It has been assigned to a consulting firm. Mehlin stated she was appalled that the Commission would meet on Rosh Hashanah. She made a motion that in the future if the Jewish religious holiday falls on a scheduled Commission meeting night, that such meeting be rescheduled. Galstad seconded. Motion carried. Hardy from the Cable Division brought his intern, Kathy Venzke, to the meeting to propose a video she is making concerning violence of women and protective action and guidelines they can take. Hardy asked the Commission's endorsement and sponsorship of the video, He stated the Commission can preview the video prior to its release. Adjournment. Uwc9-28.1Tin ~/'O --......--- ... .......~_........_~. - ~w_~,~~~._........M''''_''_.'_'.''''''-'~~'' ""'/1"'111 ...-....- \'\ \ !)1J\ " .J September 22, 1992 LIBRARY BOARD MINUTES SPECIAL BOARD MEETING OF SEPTEMBER 22, 1992 4:00 PM IN 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM BOARD MEMBERS PRESENT: Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Phil Hubbard, Anne Spencer, Kent Swaim, Chuck Traw BOARD MEMBERS ABSENT: Gary Lundquist, Kathy Moyers STAFF PRESENT: Maeve Clark, Susan Craig, Lolly Eggers, Debb Green, Martha Lubaroff, Debbie Sales, Carol Spaziani MEETING WAS CALLED TO ORDER AT 4:10 PM This special meeting was scheduled as a preliminary budget review session. Eggers reviewed for the Board the revenue estimates for FY94. They included projections for our operating income as well as nonoperating budget unspecified funds (NOBU). For the purpose of new Board members she described the origin and purpose of these NOBU funds. Eggers explained that all coordinators and managers prepared budget requests for their departments. Following compilation by Eggers and further review by coordinators, a draft of the budget and descriptious of the major proposals were prepared for Board. Following this introduction, the following Coordinators of Public Service Departments made presentations for the Board. They combined a general overview of their department with a focus on long-range goals and proposals in the budget related to them: Susan Craig, Circulation Services Coordinator Debb Green, Children's Services Coordinator Maeve Clark, Infonnation Services Coordinator Carol Spaziani, Community Services & A V Coordinator Kent Swaim, on behalf of the Board, thanked the coordinators for their presentations. He slated that this presentation to Board members was helpful to lhem in the decision-making process necessary for budget preparation. The meeting was adjourned at 6:20 pm. Greenleaf/Hubbard Submitted by Martha Lubaroff _______......n._.....__..._ ~-,........-- ~/~.L TARGET SERIES 'U-5llZ-to NT-8 ~ CORPORATION .1MI CORPORATION MICROGRAPHICS DIVISION . ~"~"'""''''''..''~'-'''-''''''"''''''''''''''~''~'''''''''." . .,.~ . ~... ~. -. \<\ '] /l\~\, ) ) September 22, 1992 LIBRARY BOARD MINUTES SPECIAL BOARD MEETING OF SEPTEMBER 22, 1992 4:00 PM IN 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM BOARD MEMBERS PRESENT: Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Phil Hubbard, Anne Spencer, Kent Swaim, Chuck Traw BOARD MEMBERS ABSENT: Gary Lundquist, Kathy Moyers STAFF PRESENT: Maeve Clark, Susan Craig, Lolly Eggers, Debb Green, Martha Lubaroff, Debbie Sales, Carol Spaziani MEETING WAS CALLED TO ORDER AT 4:10 PM This special meeting was scheduled as a preliminary budget review session. Eggers reviewed for the Board the revenue estimates for FY94. They included projections for our operating income as well as nonoperating budget unspecified funds (NOBU). For the purpose of new Board members she described the origin and purpose of these NOBU funds. Eggers explained that all coordinators and managers prepared budget requests for their departments. Following compilation by Eggers and further review by coordinators, a draft of the budget and descriptions of the major proposals were prepared for Board. Following this introduction, the following Coordinators of Public Service Departments made presentations for the Board. They combined a general overview of their department with a focus on long-range goals and proposals in the budget related to them: Susan Craig, Circulation Services Coordinator Debb Green, Children's Services Coordinator Maeve Clark, Infonnation Services Coordinator Carol Spaziani, Community Services & A V Coordinator Kent Swaim, on behalf of the Board, thanked the coordinators for their presentations. He stated that this presentation to Board members was helpful to them in the decision-making process necessary for budget preparation. The meeting was adjourned at 6:20 pm. Greenleaf/Hubbard Submitted by Martha Lubaroff ~/('1. '-. , "" r)~) ~ September 24, 1992 LmRARY BOARD MINUTES BOARD MEETING OF SEPTEMBER 24, 1992 4:00 PM IN 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM BOARD MEMBERS PRESENT: Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Phil Hubbard, Gary Lundquist, Anne Spencer, Kent Swaim, Chuck Traw BOARD MEMBERS ABSENT: Kathy Moyers STAFF PRESENT: Maeve Clark, Susan Craig, Lolly Eggers, Debb Green, Martha Lubaroff, Hal Penick, Debbie Sales OTHERS PRESENT: MEETING WAS CALLED TO ORDER AT 4:10 PM APPROVAL OF MINUTES: The minutes for the regular mr.eting of August 27, 1992 were approved. Hubbard/Traw msJlURSEMENTS: Disbursements for August, 1992 were approved. Traw/Lundquist. Visa card expenditures for August were reviewed. DIRECTOR'S REPORT: 1. The Johnson County Auditor's Office arranged just last week to have a Satellite Voting Center at the Library September 24-27. There appears to be a lot of interest both in voting and in getting registered to vote. 2. The First National Bank Trust Department is proposing to sell two pieces of out-of-state property owned by the Myron J. Walker Trust. These properties have not been producing income, so if sold the proceeds will increase the principal available for investment income for the ICPL and other beneficiaries of the Trust. 3. The City has released the preliminary requests of the reclassification study to the Managers and confidential employees involved. As soon as it is final and adopted by the Council, the Library Board can review the impact on library positions. . . ~/(,I --.- ......~.. __ _._........ ~___...__..--_.._ ___ l~ I .~... lb .l!llla '-. PRESIDENT'S REPORT Swaim reported on his attendance, along with Eggers and Spencer at the August 31 work session of City Council. In response to our letter asking the City Council for the remaining shortfall of $15,000. This request was made based on a $23,300 savings from FY92 budget projections and still leaves $8,000 to increase City fund balances. Council voted in favor of this request. ANNOUNCEMENTS FROM MEMBERS: Spencer reported sending an initial letter to the Johnson County Board of Supervisors, followed up by a phone call, requesting an opportunity to be placed on their agenda. As County liaison on our Board, she asked for the opportunity to respond to any questions regarding our Annual Report. As of this meeting, she had not had a response. She. also reported on her attendance, along with Sales and Eggers, at a workshop on Boardsmanship, designed for Board members and individuals who work with Boards. Setting aside time for Board development was considered a significant priority. Exercises to clarify the roles of both Board and administrators were used. She hopes the Board can try some of these, at future meetings. DEVEWEMENT DIRECTOR'S REPORT: Sales reported on the status of the Ad Hoc committee on the merger of Friends and Foundation. Much credit was given to Tom Gelman, who has spent many hours preparing the necessary documents. She infonned the Board that on Monday, October 5, at 4:00 pm in Meeting Room C of ICPL, an infonnational meeting will be held at which time the By-laws and the plan of merger will be presented to both Boards as well as the members of ICPL Board of Trustees serving on the committee. After this meeting is completed, the Friends and Foundation Boards will meet separately to proceed with the next stages of approving the merger. All Board members were encouraged to attend. Continuation of FY94 Budeet discussion from Seotember 22 S\lecial Meetin~ Eggers distributed handouts on a Fine Study recently completed by the Circulation Department. Based on this survey of over 20 Iowa and University comQlunities the staff did not recommend an increase in fmes for FY94. Only two other libraries charge $.20 per day like ICPL. The Board also reviewed the other revenue estimates and decided to accept the .staff recommended amounts. Eggers also distributed a summary of the first draft of the FY94 budget broken dOIVn by major expense class plus a list of capital outlay items tentatively scheduled for purchase, yet too small to be included with the major proposals. 02/(,/ .. --. The Support SelVice Coordinators then presented their departmental reports along with their goals and how they relate to the budget proposals. They were: Martha Lubaroff, Business Office Debbie Sales, Development Office Susan Craig, Computer Support Hal Penick, Technical SelVices At the completion of these presentations, the Board reviewed the ten major budget proposals and prioritized them. At this time, without budget preparation direction from the City ofIowa City, a recommendation was made as to the priority of each proposal. The next budget meeting will be held on October 15 at which tiIhe Eggers will have prepared a revised version according to the recommendation of the Board and with direction from the City. At this meeting, additional recommendations may be made prior to fmal approval of the'budget at the October 22 meeting. The meeting was adjourned at 6:20 pm. Greenleaf/Lundquist Submitted by Martha Lubaroff 3 ~/~I - ~.-- ---~._..~._-~~,---...__.-- -_AlII L_l 11 4~ IiS.J~ . "-. ~ o MINUTES IOWA CITY PLANNING & ZONING COMMISSION OCTOBER 1, 1992 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Casey Cook, Sally Dierks, Richard Gibson, Tom Scott, George Starr MEMBERS ABSENT: Pete Cooper STAFF PRESENT: Moen, Miklo, Bormann, Neff CALL TO ORDER: Vice,Chairperson Cook called the meeting to order at 7:45 p.m. RECOMMENDATIONS TO CITY COUNCIL: 1. Recommend by a 6-0 vote that the City Council forward a comment to the Johnson County Board of Supervisors to deny CZ-9243, 'a request to rezone approximately 16.04 acres from A 1, Rural, to RS, Suburban Residential, for property located in Fringe Area 1 on the east side of Kansas Avenue, S.W., 1/8 mile north of its intersection with Rohret Road, because the request is inconsistent with the Fringe Area Agreement for Area 1. ' 2. Recommend approval by a 5.1 vote (Gibson voting in the negative), of ANN92.0001, a request to annex 7.0S acres 'located north of Court Street and east of Scott Boulevard. 3. Recommend approval by a 5-1 vote (Gibson voting in the negative), of REZ92-0010, the rezoning of a 7.0S acre parcel located north of Court Street and east of Scott Boulevard from County RS to RM-12 and RS,5. 4. Recommend approval by a 6.0 vote, of SUB92-001S, the preliminary plat of First and Rochester Commercial Subdivision, a 2.lot, 2.S8 acre commercial subdivision located at the southwest corner of the intersection of Rochester Avenue and First Avenue, subject to Lot 2 being restricted to one access on First Avenue and that access provided shall be directly opposite Tudor Drive; and that there shall be no direct vehicular access from First Avenue through Lot 2 to the existing private drive that has direct vehicular access onto Rochester' Avenue, and conversely no direct vehicular connecting traffic will be permitted between the Rochester Avenue access point and the First Avenue access point. 5. Recommend approval by a 6-0 vote, of SUB92.0019, the preliminary plat for Walnut Ridge, Parts Three and Four, a 39.S1 acre, 46.lot residential subdivision, subject to the plat being labeled with a drainage and stormwater easement on outlots G and F, and subject to the waiver of the requirement of street sidewalks on Butternut Lane and Butternut Court and 'on one side of Kennedy Parkway. ~/('~ Planning & Zoning Commission October 1, 1992 Page 2 6. Recommend approval by a 6-0 vote, of SUB92-0019, the final plat for Walnut Ridge, Part Three, a 19.59 acre, 13.lot residential sUbdivision; located north of Melrose Avenue on Kennedy Parkway, subject to labeling on the final plat to read that outlots G and F have drainage and stormwater easements, and that there will be a waiver of the requirement of street sidewalks on Butternut Lane and Butternut Court and on one side of Kennedy Parkway, and subject to approval of legal documents and construction drawings prior to Council consideration. 7. Recommend approval by a 6-0 vote, of a request submitted by Dale Sanderson for an ) a-month extension of the preliminary plat of Hunters Run Subdivision, Parts Sand 9. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ZONING ITEMS: 1. REZ92-000~. Public discussion of an application submitted by Joan Hart to rezone property locat,ed on the north side of Jefferson Street between Linn and Van Buren streets, and property located along the south side of Jefferson Street between Gilbert and Van Buren streets from CB-2, Central Business Service Zone, to CO-l, Commercial Ollice. (45-day limitation period: October 1, 1992.) Cook indicated that the applicant had expressed the desire to defer this item to October 15, 1992, Dierks moved to defer REZ92-0009, to October 15, 1992. Gibson seconded. The motion carried on a 5-0 vote. 2. CZ.924~. Public discussion of an application submitted to Johnson County by Jeffrey Dwyer, contract purchaser of property owned by Raymond and Linda Williams, to rezone approximately 16.04 acres from A 1, Rural, to RS, Suburban Residential. This property is located in Fringe Area 1 on the east side of Kansas Avenue, S.W., l/S mile north of its intersection with Rohret Road. Moen indicated that this item was deferred from the last meeting at the request of the applicant. She referred to a letter from Robert Wennerholm expressing opposition to this request. She explained that the applicant proposes to decrease the number of lots from six to four. She said the lots have basically the same configuration as the original plan with a larger outlot A. She explained that staff recommended denial based 6n the Fringe Area Agreement and on concerns regarding access and conditions in the development. Public discussion was opened at 7:45 p.m. Rosemarv Michael. stated that she is the neighbor to this proposed development along 130hret Road. She said there are concerns regarding wells \Ind roads, but she stressed Oll(,~ --. Planning & Zoning Commission October 1, 1992 Page 3 that County developments like this would require a need for improvement on the City section of Rohret Road sooner than would otherwise be necessary. She said such developments might also require that a light be placed at Mormon Trek Boulevard where it intersects with Rohret Road. She noted that this development is also near the City landfill and said there could be potential liability in the future with having this type of residential development near the landfill. She said she feels it would be better to have development Occur in areas that have been approved for residential development before approving more areas. Sue Chasll presented the Commission with a petition signed by twenty-five neighbors in the area in oPPosition to this development. She also provided information on the Geological Survey information on soils and water levels for the area. She noted that the road is narrow and said that there are wetlands on both sides of this development. She said that the neighbors would prefer that this area not be rezoned from farmland use until there is City water and sewer available for the area as well as improved roads. (Scott arrived at 7:49 p.m.) In response to a question from Cook, Chase explained that the Geological Survey infor. mation explains why the soils don't percolate well in this area and why Some of the area is defined as wetlands. ,She noted that it also discusses the two levels of wells that exist in the area. She stressed that the sand point wells periOdically go dry and that the water at the lower level well is of extremely poor quality. She said that the information shows that adding six houses to this area would drain the water level by 28%. PUblic'discusslon was closed at 7:53 p.m. Dierks asked if any type of residential development would be consistent with Fringe Area 1 policy. Moen responded that residential development for farm family purposes would be consistent with the mutually agreed upon Fringe Area Agreement for Fringe Area 1. Cook moved to recommend to the City Council that they recommend to the Johnson County Board of Supervisors denial of CZ-9243, the rezoning of approximately 16.04 acres from A 1, to RS for property located In Fringe Area 1 on the east side of Kansas Avenue, S.W., 1'8 mile north of Its intersection with Rohret Road, because It Is Incon- sistent with the mutually agreed upon Fringe Area Agreement for Area 1. Starr seconded. . Dierks indicated that this development might be appropriate if City services were available and the road were approved, but that it is not appropriate at this time. Scott stated that there have been a number of preliminary discussions regarding the Fringe Area Agreement between Johnson County and Iowa City. He explained that it would be difficult to support this proposal which is clearly inconsistent with the Fringe Area Agreement as it exists under the'current pOlicy. Bovbjerg expressed her agreement and 0l1('J. -" Planning & Zoning Commission October 1. 1992 Page 4 said it would be unwise to plan for extreme hardship for those already living in an area and for future rasidents. The motion passed on a 6.0 vote. 3. A-9001 and Z-9003. Public discussion of applications submitted by John and Allegra Dane to annex and rezone a 19.53 acre tract of land located south and east of the intersection of Sunset Street and Highway 1 West from Johnson County C-2 and A'l to CC-2. 145-day limitation period: waived.) Scott stated that it was his understanding that the applicant wished to defer this item to October 15, 1992. Miklo stated that he had spoken with John Dane and had verbal consent to defer this item to December 3, 1992. Public discussion was opened at B:OO p.m. There was none. Public discussion was closed at S:OO p.m. Cook moved to defer A-9001 and Z,9003 to December 3, 1992. Gibson seconded. The motion carrlad on a 6-0 vote. 4. ANN92.0001 and REZ92.001 O. Public discussion of an application submitted by Plum Grove Acres, Inc. to annex 7.0S acres located north of Court Street and east of Scott Boulevard, and to rezone the parcel from County RS, Suburban Residential, to RM-12, Low Density Multi-Family Residential, and RS-5, Low Density Single'Family Residential. The parcel is identified as Scott Boulevard East, Part Two. (45-day limitation period: October 1, 1992.) Moen indicated that a staff report was presented to the Commission on August 20, 1992. She reminded the Commission that staff had recommended approval of these items with no conditions. Public discussion was opened at B:02 p.m. There was none. Public discussion was closed at S:02 p.m. Cook moved to approve ANN92-000 1, the annexation of 7,OB ac'res located north of Court Street and east of Scott Boulevard, a parcel Identified as Scott Boulevard East, Part Two. Starr seconded. Gibson explained that he would not be voting in favor of this item because the parcel is too small for annexations. He said that reasons such as the location of trees, other property owners in the area and ~tormwater retention concerns are good reasons for ~/~~ -. Planning & Zoning Commission October 1. 1992 Page 5 the Council to delay action on this issue. He stressed that he sees a need for additional planning in this area and it would be a mistake to annex an area while there are still questions regarding the annexation policy. The motion carried on a 5.1 vote (Gibson voting In the negatlvel. Cook moved to approve REZ92.0010, the rezoning of a 7.08 acre parcel located north of Court Street and east of Scott Boulevard from County RS to RM.12, and RS-5, for a parcel Identified as Scott Boulevard East, Part Two. Starr seconded. Cook noted that he had initially raised concerns regarding the City's annexation policy, especially with regard to tap on fees for sewer service. He said that how soon the City gets funds back for sewer extensions when tap on fees are involved depends on how fast lots are absorbed for development. He said that his concern on this issue has not yet been thoroughly addressed. He said he also has unanswered questions regarding the amount of undevelopable land that currently exists in the community and how changing effluent standards will affect the capacity of the north sewer plant. He explained that he would be voting in favor of this request because he doesn't believe that a 7.4 acre tract of land will make much difference, but he stressed that he cannot approve any further annexations in this area until there have been more discussions of the issues that he has raised. Scott indicated that the applicant is aware that he had originally requested a deferral of this item along with other annexation issues to allow more studies of the is~ues related to annexation. Scott explained that he has concerns about whether It is appropriate to continue the RM.12 zone south of Washington Street extended. He said he is willing to approve the annexation of this parcel at RM.12 because it is across the street from a CN-l zone. He said he would hope that the lots abutting Scott Boulevard will be developed in a similar fashion to those on Court Street abutting Scott Boulevard. Dierks stated that she shares Scott's concerns regarding the density of the zone in this area and would like to decrease the density as development goes farther to the north. The motion carried on a 5.1 vote (Gibson voting In the negatlvel. 5. ANN92-0002 and REZ92-0013. Public discussion of an application submitted by Windsor Ridge Development Co. to annex an approximately 240 acre tract of land located east of Scott Park, south of Lower West Branch Road and north of American Legion Road, and to rezone the parcel from County RS, Residential Suburban, to RS.5, Low Density Single-Family Residential. (45.day limitation period: 'October 26, 1992.) Moen indicated that she had talked with the applicant and they are aware of the Commission's intention to defer this item to December 3, 1992. She noted that staff does need to have a written waiver of the 45-day limitation period from the applicant. Public "discussion was opened at 8:12 p.m. J.I(" Planning & Zoning Commission October 1, 1992 Page 6 Sam Miller. Lower West Branch Road. asked for the Commission to clarify the location of the subject tract. He indicated that he believes it is located just south of his property. Moen demonstrated to Miller the location of this tract on a map included with the staff report pated October 1, 1992. Public discussion was closed at B: 15 p.m. In response to a question from Dierks, Larry SChnittjer, MMS Consultants, indicated that the distance from Scott Boulevard to Taft Boulevard is approximately one mile. Dierks moved to defer ANN92-0002 and REZ92-0013 to December 3,1992. Cook seconded. The motion carried on a 6-0 vote. DEVELOPMENT ITEMS: 1. S-9007. Public discussion of an application submitted by Paul M. Kennedy for preliminary plat approval of Kennedy's Waterfront Addition, Part Three, a 30.29 acre, l1-lot commercial subdivision located west of Gilbert Street, south of Stevens Drive. (45-day limitation period: waived.) Scott indicated that this item was to be deferred to October 15. 1992. Miklo reported that staff had no new information on this item. Public discussion was opened at 8:1 B p.m. There was none. Public discussion was closed at' 8: 18 p.m. Cook moved to defer S-9007 to October 15, 1992. BovbJerg seconded. The motion carried on a 6-0 vote. Cook indicated that Brenda Nelson of Landmark Engineering will get a plan for a trail system along the Iowa River including this area to staff. 2. SUB92-0018, Public discussion of an application submitted by Bruce Glasgow for preliminary plat approval of First and Rochester Commercial Subdivision, a two-lot, 2.8B acre commercial subdivision located at the southwest corner of the intersection of Rochester Avenue and First Avenue. (45.day limitation period: October 1, 1992.) Miklo stated that a revised plat was received which prohibits access from Lot 1 to Rochester Avenue. He explained that staff recommends that direct vehicular access from Lot 2 to First Avenue also be prohibited. He noted that Lot 2 has access to First Avenue, and that access to First Avenue might be obtained from the existing curb cut to the north if Dan Glasgow consented to such access. In response to a question from, Bovbjerg, Miklo explained that the revised plat does not address staff's concern because it allows access to First Avenue. He indicated that staff's concern Is related .J./fJJ. ......._ ...___..._w_.___. ....-.-.......---- ................._-. "!::..I!l..... b..o.JAbd -A Jl.t.. '.. Planning & Zoning Commission October 1, 1992 Page 7 to First Avenue's function as an arterial street. He said the note that is included on the revised plat is a response to the Commission's concern that through traffic be prohibited between Rochester Avenue and First Avenue through Lot 2. Public discussion was opened at 8:21 p.m. Bruce Glasaow. aoolicant, stated that if access is not allowed from Lot 2 to First Avenue, then he would not want to have this development. He stressed that he needs direct access onto First Avenue from Lot 2. Public discussion was closed at B:23 p.m. Scott noted that the note included on the plat would allow for one access point to First Avenue on Lot 2 and it would be directly opposite Tudor Drive. Bormann stressed that the City Attorney's Office would like the note to use more prohibitive language to reflect the language that will be in the legal documents. Cook moved to approve SUB92-001 B, the preliminary plat of First and Rochester Commercial Subdivision, a 2~ot, 2.8B acre commercial subdivision located at the southwest corner of the Intersection of Rochester Avenue and First Avenue, subject to Lot 2 being restricted to one access on First Avenue and that access, If provided, shall be directly opposite Tudor Drive: and there shall be no direct vehicular acce'ss to First Avenue from the existing private drive that has direct vehicular access onto Rochester Avenue. Starr seconded. I Gibson said that he would like to have it clear in the motion that access cannot be obtained between First Avenue and Rochester Avenue in the reverse as stated in the motion. Cook and Starr agreed to amend the motion to reflect the following language: "... conversely no direct vehicular connection between Rochester Avenue access point and the First Avenue access point." Bovbjerg noted that traffic will need to be monitored to prevent through traffic in the area. Scott stated that he hopes this property is developed in a manner that will prevent problems with vehicular circulation. Cook noted that this is an infill parcel of commercial ground and the City will receive a large share of tax dollars after' it is developed. He expressed his agreement with Glasgow that if access were not allowed from Lot 2 onto First Avenue, this would greatly decrease the value of the site. The motion carried on a 6-0 vote. 3. SUB92.0019. Public discussion of an application submitted by Southgate Develop, ment Co. for approval of a preliminary plat for Walnut Ridge, Parts Three and Four, a 39.18 acre, 46.lot residential subdivision, and final plat approval for Walnut Ridge, Part Three, a 19.59 acre, 13.lot residential subdivision, located north of Melrose Avenue on Kennedy Parkway. (45-day limitation period; October 4, 1992.) J ,(,~ -_......~.... ,..,tn.__..._.....",......'~ 4A"-...._M~_ '-. Planning & Zoning Commission October 1, 1992 Page 8 Miklo reported that all of the deficiencies and discrepancies had been resolved except for labeling the drainage and stormwater easements on Lots G and F. Miklo explained that streets in Parts One and Two were platted as public streets with sidewalks included on one side of the streets. He said that with Parts Three and Four, staff recommends that sidewalks be included on one side of Butternut Lane. Public discussion was opened at 8:34 p.m. Larrv Schnittier. MMS Consultants. stated that the original preliminary plat had private streets, and had private walkways that were not adjacent to the streets. He said the walkway systelTl would not work because of the issue of handicapped accessibility. He explained that in order to get the final plat approved, the developer agreed to have a public street with a sidewalk on one side of the street. He said that the sidewalk in Part One does not connect with the sidewalk in Part Two. He said a walkway system is intended to be developed through the common open space in the subdivision. He stressed that the intention is not for individual lots to be served by a sidewalk. Cook explained that the reason behind approving the original subdivision without the sidewalks and usual street requirements was to allow the City to compete with large lot developments in Johnson County. Starr stressed that if there's a sidewalk, walkway or trail system through the development, he would like to be assured that it is accessible for all residents. Schnittjer indicated that the sidewalks would be maintained by a homeowners association and not by individual property owners, In response to a question from Gibson, Schnittjer explained that the grades of the walkways would meet the accessibility requirements and that is why they needed to be relocated in the first part of the subdivision. Bovbjerg asked how much hardship it would be to put a sidewalk along one side of Butternut Lane and one side of Butternut Court. Schnittjer responded that this would change the character of the development and stressed the concept plan is to not have sidewalks through the development. He emphasized that this is how the development has been marketed and that it has been selling well. He said without having the applicant available for discussion, it would be difficult for him to say that the applicant would agree to sidewalks, but Schnittjer stressed that he does not believe the applicant would agree to have sidewalks on one side of Butternut Lane and Butternut Court. Scott indicated that he liked the original concept design and would have liked the City to be able to accept it. However, he indicated that the Public Works Department rejected the original plan and insisted that the streets be designed to City standards. Bovbjerg expressed concerns regarding parking on the street if there are not sidewalks. She said there could be safety problems arise if pedestrians must walk on the street. Gibson indicated that he feels the buyer has an option of exercising choice and buyers in this subdivision would be likely to feel that a sidewalk in' this subdivision is unnecessary. Cook moved to approve SUB92-0019, the preliminary plat for Walnut Ridge, Parts Three and Four, a 39.81 acre, 46-lot residential subdivision, ,subject to the plat being labeled with drainage and stormwater easements on outlets G and F, and subject to the waiver of the requirement of street sidewalks on Butternut Lane and Butternut d.1l,; -.. Planning & Zoning Commission October 1, 1992 Page 9 Court and a waiver of the street sidewalk requirements on one side of Kennedy Parkway. Dierks seconded. Cook noted that there is an opportunity to develop a greenbelt along Clear Creek and he would like to see this concept considered in future phases of this subdivision. Scott noted that waiving the street sidewalks is in keeping with the character of this development and the Commission feels that sidewalks will not be needed on side streets that don't serve through traffic. The motion carried on a 6-0 vote. BovbJerg moved to approve SUB92-0019, the final plat for Walnut Ridge, Part Three, a 19.59 acre, 13-lot residential subdivision, located north of Melrose Avenue on Kennedy Parkway, subject to the labeling of the final plat to read that drainage and stormwater easements exist on outlots G and F and that the street sidewalk require- ment has been waived for Butternut Lane and Butternut Court and for one side of Kennedy Parkway, and subject to approval of legal documents and construction draWings prior to City Council consideration. Dierks seconded. The motion carried on . a 6.0 vote. 4. Public discussion of a request submitted by Dale Sanderson for an 18-month extension of the preliminary plat of Hunters Run Subdivision, Parts 8 and 9, ' Miklo indicated that staff has recommended that the Commission recommend to the Council that the 1 B-month extension be granted for the preliminary plat of Hunters Run Subdivision, Parts 8 and 9. Public discussion was opened at 9:01p.m. There was none. Public discussion was closed at 9:01 p.m. Cook moved to recommend to the City Council that an 1 B-month extension of the preliminary plat of Hunters Run Subdivision, Parts 8 and 9 be granted. Dierks seconded. In response to a question from Starr, Scott explained that the effect of the extension would allow the applicant to have an additional 18 months to submit the final plat for this development. Miklo explained that if the extension is not granted, the applicant would need to resubmit the preliminary plat. The motion carried on a 6.0 vote. In response to a question from Scott, Miklo provided the Commission with an update on the Capitol View Apartment Complex. Miklo explained that. the building permit will expire on October 14, 1992, unless there has been substantial activity prior to that J 1(P~ ..._...............~. ..--.--..--..-...........-....., ..---.--.., - -. Planning & Zoning Commission October 1, 1992 Page 10 date. He explained that if the building permit expires, the site would need to conform with the new PRM regulations. .cONSIDERATION OF THE MINUTES OF THE SEPTEMBER 17. 1992. MEETING: Cook moved to approve the minutes of the September 17, 1992, meeting as circulated. Starr seconded. The motion carried on a 5-0-1 vote (Gibson abstaining based on absence from that meeting), OTHER BUSINESS: 1. Plannina & Zonino Commission Informatio'1. Cook reported that there will be a community bike ride on October 17, 1992, at 10:00 a.m., which will begin pt Heartland Inn and will go to the Iowa Memorial Union. Miklo reported that the sidewalk at Oaknoll has been installed. Moen reported that the City Council has approved the new site plan review process. Scott clarified that with regard to access onto First Avenue for the preliminary plat of First and Rochester Commercial Subdivision, staff was unanimous in its decision to recommend against permitting access onto First Avenue. ADJOURNMENT: Dierks moved to adjourn at 9:12 p.m. Cook seconded. The motion carried on a 6.0 vote. Ann Bovbjerg, Secretary Minutes submitted by Mary Jo Neff. ~"1()'1 J /{pJ., --