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Home My WebLink About1994-04-26 Bd Comm minutes ~~~' " \~) ~\\J " ""I'l!i" i;,',(,~" . ~', 'I ,It ;~~,tm. '," ,e:[iI\! , ~I' ';" .-........- r"\ , . . "~ . , , ~1 \\\', . ..... ,', , .> . ,'.' , '~.,.. . . .u. ~ _'_,_._,.,.,... .,': "....._.._~ ...'. ,'......" .".._.......~.:,.. MINUTES PARKS & RECREATION COMMISSION March 9, 1994 MEMBERS PRESENT: John Beasley, Bill Brandt, Jana Egeland, Deb Liddell, Bruce Maurer, Matt Pacha, John Pelton, Dee Vanderhoef MEMBERS ABSENT: Tom Bender STAFF PRESENT: Howell, Kriz, Moran, Trueblood FORMAL ACTION TAKEN : Moved by Pacha. seconded bv Beasley. to approve the minutes of the February 9. 1994 meeting as written. Unanimous. PENDING ISSUES LIST: Moved by pacha. seconded bv Vanderhoef. to endorse the Incas Road trail proiect and its incorporation into the Hickory Hill Park trail system. Unanimous. Trueblood suggested further discussion to refine the pending issues list developed by the commission at last month's meeting and completing the actual priori tization at next month's meeting. Trueblood asked whether or not restoration of city Park should be included on the "pending issue" list, a high priority project that will be completed. Pelton stated the list is public record and restoration of ci ty Park should be on it because it reflects the commission's commitment and desire to see that restoration is accomplished. Trueblood questioned "ice skating facilities" as to whether it meant improving the existing facilities or building an indoor facility; this issue had been suggested by Tom Bender and he was not present to clarify it. Trueblood questioned "development of trail system - possibly setting goal of completing two mile section", with Egeland stating she was referring to the river trail, the stanley Plan and the priorities set out in it. Trueblood referred to development of a park use policy statement for each park, with Liddell stating she was more interested in setting out the difference between active and passive parks, particularly looking at Hickory Hill Park. Vanderhoef stated there are specialty parks and neighborhood parks and maybe the commission needs to define each, possibly including a brief description in the listing of parks that appear in the department's brochure. There was discussion as to how to go about prioritizing the issues in light of the number involved. The commission decided to have each member choose one issue from the list which they would like ''13 ("'" ." 0 ". _.._---_..._-_._-~-- r .,~ ~' ),........,.."..,....,.," , . ,', '. ,,',,:;1 , ."~'.'"'' "\.'.'C" ,': o ,.'.' ..'., 11" . _.~..-"'...~--_. I I i , ~ ..""1"."..".. ,/5 .... lti; '~ . ' , ,: i .. , . '~.,. , " "t , "\" , "~ " , ~. . ,';.,., .'-'.-'. ""-~ '. (_.~ '-'.. ~~ .--' --.. . '. , . ,;\ c-' \ \ ~ : I I" I I I; , , , I , P .1>JU<.LAND FUNDS: j i ~, I I' II 0.,," '~ ~(, i'iI~' l"ri. ;'11"" I;", " ..' , "\.: L.. ,Co ' ~'. . -_.._------~----- r' I ! the commission to concentrate on accomplishing this year. Pelton stated the Arbor Day project should be removed from the list since the Riverfront and Natural Areas conunission will be conducting it, and more public awareness could also be deleted since this is something the city should be doing. Brandt stated staff would work on reaching an agreement with the Swim Club re fees and use of the Mercer Park Aquatic Center and this could be deleted from the list. pacha and Vanderhoef selected hand-in-hand with the Neighborhood Open Space Plan working with the neighborhoods and making an assessment/inventory of each park to determine whether it is serving the needs of the neighborhood. Maurer selected laying groundwork for development of the park/sports complex. Beasley and Pelton selected policy/guidelines and priorities as far as use of the parkland acquisition fund for both development and acquisition. Egeland and Liddell selected commitment and development of the trail system, specifically river trails in the urban area. Maurer stated Bender's choice would be strengthening the relationship between the School District and the city. Brandt stated the pending issues involved money, noting lack of same in the budget to accomplish these items. Maurer stated laying groundwork for the park/sports complex did not necessarily involve money, with Liddell noting the recent volunteer efforts being made to get various things accomplished. Trueblood stated $30,000 is budgeted this year for trails, and $300,000 is tentatively budgeted in FY95, 96 and 97 for the river trail system. Egeland stated F.I.R.S.T.'s goal is to raise $100,000 for trails, and there are other groups who are committed to the development of trails. Brandt stated the pending issues would be prioritized at next month's meeting, with discussion beginning on the number one priority at that time. Brandt stated the commission would key in on these issues, with the goal of completing three of them by the end of the year. I , I ,rI t.:;J Vanderhoef and Egeland stated they would not be able to attend next month's meeting and asked if the meeting date could be changed; the commission agreed to change the meeting to Tuesday, April 12. Discussion of the parkland acquisition fund and development fund was deferred to a future meeting since it is part of the pending issues lis~. Brandt stated at last month's meeting he suggested contributing a sum of money to the Irving Weber School to help purchase playground equipment, and since' that 2 - - ~~ .-. . oJ ~~3 l.' "'" .'1,'" I i , ' 'i~ , ,0'"" ~ :'1-. "-"-.'".........,.'...'. ~E:&11i ,'; ., ... ; "I" ., . '..\ l ~ .. . '~. ..',' , '. . . . ,'. ....,--"..'. :~"...: , "'.....__'..,".u.,.;_,."_,i'..~.,' ._.....,.,_...._..._... 0 time had talked with a number of individuals to get their reaction. He stated these individuals were not in favor of it, feeling it is not city owned but school owned property, it was not the commission's responsibility, and the School District should have budgeted money for playground equipment. Maurer stated the commission needs to work on strengthening the city/school relationship, with Brandt noting the commission needs to work on changing the present perception "this is our's/this is your's". Vanderhoef stated she envisioned the best work with the School District that would best serve the whole population is to keep the dialogue going and providing infrastructure trails to help with safety problems getting children to and from schools and to parks. Trueblood stated a group would be addressing the commission at next month's meeting to seek money for playground equipment for the new Irving Weber School. INCAS ROAD Trueblood reported he discussed with Alejandro Fogel PROJECT: the possibility of making Fogel's "Incas Road" trail project part of the trail the city will be constructing in Hickory Hill Park; the proposed trail will connect to First Avenue and run over to the dam area where it will hook up with the other park trails. Fogel visited the site and felt it was an appropriate area for the trail project. Maurer stated he would like the trail to be accessible to the disabled, with Trueblood stating it might not be possible due to the terrain. Moved by Pacha. seconded bv Vanderhoef. to endorse the Incas Road trail project and its incorporation into the Hickory Hill Park trail system. Unanimous. DEPARTMENT BROCHURE: with respect to getting the word out on the programs and activities offered by the Parks and Recreation Department, pacha indicated his feelings that the present mail distribution method has been proven to be the best manner to do this. The commission as a whole is strongly in favor of continuing the current practice. Beasley felt the number of complaints would be very high if the present distribution method was discontinued. The Post Office bulk mail policy states bulk mail will be delivered to each address and it is not possible to stop delivery of bulk mail to a particular address; Trueblood stated he plans to write a letter to the postmaster asking if it would be possible to change the current policy. Trueblood stated he and Dee Vanderhoef had been contacted by Casey Cook with respect to the land being to be sold around Wetherby Park. with respect to the " I ~ i i 'I I I r,' I I I'. " Il! ;.,.,,,:' , ,,[.if , .1.: ,;',:~l'I".,~" ,,'\'Wfo, ht(w, :"!'hh ,,','0' , .-"" WETHERBY PARK: 3 ~~J (( ,~-~,-" " ' 0 :\ , -, -,.- '.,.""0",,,,':)'-,:,' , . .' " , . ' " , '" ~,. '.' ,~:' , .' ." u." ,.,.It ,.,~., , ~"~': ' r . " I ' "1"" ';5 '" .. ,f ;'. mm. '.,' ,: .L (-,\ \1 '" :~ ~r I" : I , , , , I I , I I I Ih ~,L ",I" ! ,,1, , ";..~' ":11" t:~~; ~;T~l, L~.~ "' , .'-...' . ._._.;L........~._.....'.::.: ....,.-'-_..,., ".J~'_~~"...._ CITY PARK RESTORATION: RIVERFRONT & NATURAL AREAS COMMISSION REPORT: 'f[""" 0 "'. . .' :'t" ."\,1,', .,' , ,,' .~' 1 ~. . . Neighborhood Open Space Plan, Brandt asked what happens to the money paid by developers. Vanderhoef stated the money can go to purchase parkland in the area where the development is or it can go towards development of an existing park in the same area. Trueblood stated he felt it might be wise to consider purchasing land to the south, west or in both directions to expand Wetherby Park before it is all sold. The Neighborhood Open Space Plan lists a current deficit of 9.26 acres in this area. Vanderhoef stated the other thing to look at in going with the Neighborhood Open Space Plan and greenways is staking out a trail way/greenway to connect the school area with the park, which can be done on sidewalks, and possibly stalcing out an easement before the area gets totally developed. Trueblood stated the city has some leverage in this area since the developers need to obtain conditional zoning. He indicated the city could get some land without having to buy it, but may not get it where the city wants it. Trueblood suggested that he and Vanderhoef take this information to the Neighborhood Open Space Committee to obtain their input and recommendation. The commission felt this was the best approach, and Brandt directed Trueblood and Vanderhoef to follow through on it. Trueblood reported on the city Park Restoration fund raising efforts: $39,313 in cash; $10,000 pledges from two optimist groups; $1,400 raised last weekend by Iowa City Schools and Dance of Iowa at the variety show benefit; Southeast Junior High selling t-shirts with all proceeds being donated; and $628.05 raised at the Iowa Women's Basketball game/Iowa-Iowa State Wrestling meet. Brandt indicated Bud Sueppel is coordinating a fund raising effort with other florists, donating carnations for area youth groups to sell, with proceeds being contributed to the restoration effort. Beasley asked if money had been received from FEMA, with Trueblood stating the city received a payment of $91,000 but it is unknown at this time what categories it is for. Pel ton reported much of last month's meeting dealt with the Arbor Day project, and they also spent time discussing the river trail. They discussed options as to where to run the trail in the Terrell Mill Park area. This area is very heavily wooded, and the alternative is to cut across' and not run the trail along river in order to benefit the trees and to lower the cost of the trail. 4 'lf3 ~ -, - " ..,"'..1"'..,,'" 'Jr.. I ~ ,,) , .0,...,.)','. .\~,.:.': ",. '~". ,''''<V "',',',""'-';' . ',,, " - " .- .":.'--,' ',.','. ", --, .' " I' I 10', ,.)..., wllb .. ' " ,"j" '"" , 'NO, . .' '. ",.J..,,-.~..'. ,., I NOS COMMITTEE REPORT: COMMISSION TIME: ,~ ,: . [ .. .-\ (-'\ \1 , \ " DIRECTOR'S REPORT: ',"(""'\ i I i .. I I r , I I i i , I i I , I : I ll~" I , I i,1 J '" ,; ,:\....:.::-:: , /: ,:/, ' 1, l"{"~'; '\"~I.f~ ;';i 'J,Wf "" ~,(,;., \{ (J.f , !"'~" ...._-'\, :(~.~_. .' . ' , ~ t ~ . ,~I, , , , ~ . Vanderhoef reported the committee continues to work on drafting an ordinance and will inform the commission when it is completed. Egeland suggested sending a letter to the editor thanking all groups for their fundraising efforts and volunteered to draft it on behalf of the commission. Vanderhoef asked if there was a need for more garden plots, with Kriz indicating she felt the needs were being met wi th the present number of plots. Vanderhoef stated she would like the conunission to come up with a work project for restoration of city Park. Pelton asked about the work being done on the north side of the' creek in Scott Park, with Trueblood indicating construction of the storm sewer for the adjacent Windsor Ridge subdivision. Trueblood stated the city Forester has been involved with this project from the beginning and determined the best way to run the storm sewer. The trees removed were scrub trees and they will be replaced with a better stock of tree from the nursery. Pelton stated there is a low spot on the south side of the soccer field towards the west which should be filled in. Brandt stated he received call from Babe Ruth Baseball asking if the city could help build or pay for batting cages at Mercer Park, with Trueblood stating there presently was one batting cage. Trueblood stated he would contact them to determine what they would like. Trueblood reported on the following: OPEN SPACE - There might be a good opportunity for some fairly major parkland in the area the city is looking at possibly acquiring for the north water plant. Trueblood pointed out the area on a map for the conunission. REAP ASSEMBLY - The REAP Assembly will be held on March 29 in Cedar Rapids, Iowa and the city has been requested to attend to speak briefly on the Ryerson's Woods project and to encourage continuation of the REAP program. The city would like to send one commission member and one staff member; Vanderhoef volunteered to attend this assembly. COMPREHENSIVE PLAN UPDATE - Trueblood distributed a memo from the City Manager regarding community vision _ comprehensive plan update and charter review. The 5 -- . j'''''' O ' '.. . .' . .,',' ,; .,' -,-",", .. ,',.. ..... "- " . co.':'::'.,. ~. . '~3 -I~::S ,10, - .:..~:-',. ,- ~~.::'....:! ~ .,.,.11 . 'f":\ :'1 . .'!:,",..;: .. '~:',.~t~~l,~ .', .',;'1', ..... '0 '...~. , , , I i , , ! , ,j [~~ ('"'i ' 1 ; \~ \1,. Ird. ~ , ')L_._~__ . .... ' " ~ ~. ;'f '. . ., '::" '.: .,',', "c, . ~'. .c,'. , ,_,_~_~,___"'_"'-"""''''__.~~.....__'_.~',.u_'. city Manager will be putting together a number of citizen groups to review the comprehensive plan, and fo~ the parks and recreation segment it would be nice if the task force included one member of the Parks and Recreation commission and one member of the Neighborhood Open Space Committee to serve on it. Howell distributed pictures of the wooden play equipment in city Park. This equipment will be removed and replaced with a metal play unit, a picture of which was show~ to the commission. Ee suggested assembly of the playground equipment as a work project for the commission. ADJOURNMENT: Moved by Pelton. seconded by Pacha. to adjourn. Unanimous. The meeting adjourned at 7:50 p.m. : " ~ 6 '~3 ' " .,.-p,":'" .. " " ;,. ,'> ']':,'7":" .' . .- ,-" ;:.: -,,-:',;, ,.-:' ',-,,', . :', ,.'';';'.-' '~;:I['.'. ,," , ,,',," "..,:",Q"",:,,,, , ,{" "'."""-'1"'" , ." " ..'i'.!F.'I." '. ;:.~. :::i-'" -..-:....~~,. . ',- ':\:'" ~" "~':1 " r-."~Y--"'Y.\..:t "," , , "')5 "i , , "..,,' , :.... . : \.....". . ; ~ ' . ",' , J " ", " , " I ,'. I'fj{ ".,,-.:,-, ",\ ~;;:f ,'-'''~ " :(--0 . " , , "~ , "I "',1\1' ..: , ..... , ", . , n ..... '_. ~.,': ' 1994 PENDING ISSUES LIST Parks and Recreation Commission At the Parks and Recreation commission meeting on March 9, 1994, the following pending issues were selected as issues the Commission would concentrate on accomplishing, with the goal of completing at least three of them in 1994. These issues will be prioritized at the commission meeting on April 12. Park/Sports Complex - laying groundwork for development commitment to and Development of Trail system (stanley Plan) Exploring and Strengthening Relationships with the School District and Neighborhood Associations NEIGHBORHOOD OPEN SPACE'PLAN - Determining: 1. If parks are meeting needs of neighborhoods 2. What neighborhoods want 3. What improvements can be made to parks with small amounts of money Completing: 4. Inventory of all parks and how each is being used policy/Guidelines with respect to use of Parkland Acquisition and Parkland Development Funds * * * * * * * * * * * * * * * * * * * * * The Commission will proceed to work on the following issues upon completion of the issues listed above. Development of Park Use Policy Statement for each park (especially Hickory Hill Park) Recreation Center Expansion - laying groundwork Proposed Art Center - commission's priorities and possible support Ice skating facilities Restoration of one park each year Determining common grounds (school playground/park) - working with School District * * * * * * * * * * * * * * * * * * * * * Work is presently underway to accomplish the following issues, and the Commission will continue to work towards their completion. Restoration of city Park Ned Ashton Gateway Park - assisting volunteer effort in development n. ..------ )"'''"....,......,..,'".. ...:,. .' . \ , - " , . , . ' . ':.~:" .': ,'::",' .' .-" .H" 'I' ',0, ~. . . '413 I" , ',' . is '~.'o, ......-. '., " ~~:t' I. " 1 , ", '\, '\ o ;\'\) '/\~ ~'" , " \,' , ,:.:."~ ' (\ \ ",.. ;'~?"',\ ~ , , , I : I , , j ! 1 ~. I' [., ,~;.j " ' [' ,. ',','~,'~' ~"',' ~r ", &v :,,:~'~,','~'", ":!\\!~ , L_-~ Y" '.', . ':':f~\'t.', . "'\, ,', . " . " ' ',;.1 , .~... . . '.. ,I. ..'_.'.,L ..-._'! _'~:'~'., ~L ..".,." _'0_ ~d~.'""'._;.','-' ",.,,~~ ,.."...~'-..n__._._ __. _ ~. " . .~.... ,',"c' ~,," ...~,.....~ ...,~:.~u._...__...__ I I , i I ':'"'\ ' 1).,1-+- ..\. ./v.... . MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, MARCH 16, 1994 - 5:30 P,M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Trey Stevens, Cordell Jeppsen, Eric Rothenbuhler MEMBERS ABSENT: Tim Finer, Roger Christian STAFF PRESENT: Shaffer, Brau, Helling OTHERS PRESENT: Rene Paine, Pat Braunger, Casey Ashe RECOMMENDATIONS TO COUNCIL: None. LIST OF MATTERS PENDING COMMISSION/COUNCIL DISPOSITION Cable TV franchise renewal process. SUMMARY OF DISCUSSION Each member of the Community Television Group has been prioritizing the items in their refranchising proposals at the request of the refranchising consultant in preparation for the April 12 negotiating session with the cable company. PATV is making arrangements for the Hometown Video Festival judging, the Mid West Region Alliance for Community Media Conference to be held in Iowa City in May and a grant writing workshop conducted by the Iowa Humanities Board. Shaffer reported that Blough estimates the 7% rate reduction mandated by the FCC will result in a $4 million reduction in revenues over 10 years. The City will collect about $20,000 less in franchise fees per year as a result. The Community Television Group workshop, which was held February 26 and 27, was very productive. The missions of each channel are not very different and there are no conflicting values, but a lot more work is needed to achieve a coordinated and comprehensive plan for the future. The National Association of Telecommunications Officers and Administrators has issued an action alert in regard to two pieces of federal legislation, HR3636 and 5.1822, which are about to come out of committee that threaten the authority of franchisers. It appears that both bills permit telephone companies to provide cable services without first obtaining a local franchise. A letter will be drafted for the Mayor to sign and send to the Iowa delegation in Washington, DC. Anne Burnside has been working on language for a formal extension of the franchise agreement as negotiations are not expected to be complete prior to the termination date of the current franchise. CALL TO ORDER The meeting was called to order at 5:30 p.m, u:' . .,~ - . , , UlIII .- J."~"'"::''' .'., :.... .' <... .-;'!~" ,.," l:C~~~_,__ ",' 0, " I 'lI'I ., "-" l":,''''_'JI'','\ "J (;, I A..) . 10, "f:i~~llfJ.~' ,I.. , ' ,,-, , . l (~"\ \1 ~.:.,}-,\\ I" '\ . ~ " II I I I i i Ii i I " I Ir, i ~. ! I j .\, \--:/ ,"" ~ .!J ' , ''It''~. ,<. ~.': i~r ':" '? t..'rl~&~ . ,.':'. ~-P>;1: -"'- jC-O .. ,\ j .. . .;~' . ~ I "\ t,', . , ',' ....' ~ " . ........-.-+.....;, .....--,.--.....,,'-..... __. '__P.".. '..~. _......_.'_~~M~"_.._.. __.__ Broadband Telecommunications Commission' March 16, 1994 Page 2 APPROVAL OF THE BTC MINUTES Jeppsen moved to approve the February 16, 1994, minutes. It was seconded by Rothenbuhler. Unanimously approved. ANNOUNCEMENTS OF COMMISSIONERS Stevens welcomed new Commissioner Eric Rothenbuhler and thanked him for giving his time and energy to the Commission and the citizens of Iowa City. SHORT PUBLIC ANNOUNCEMENTS None. ECC REPORT Pat Braunger reported that a response to the Corporation for Public Broadcasting g~ant proposal is expected by the end of March. Prioritizing items requested in the schools' refranchising proposal is currently being undertaken at the request of the refranchising negotiating team in preparation for the April 12 negotiating session. LEGAL REPORT Shaffer reported that Anne Burnside has been working on language for a formal extension of the franchise agreement as negotiations are not expected to be complete prior to the termina- tion date of the current franchise. Burnside is also working on language for the new franchise ordinance. PATV REPORT Rene Paine reported PA TV, like the schools, will be prioritizing the items in their refranchising proposal. Another session with students from the Science Center is planned. Arrangements for the Hometown Video Festival judging, coordinated by PATV, are proceeding well. The judging will be in April. Plans for the Mid West Region Alliance for Community Media Conference to be held in Iowa City in May are continuing to be developed. A grant writing workshop conducted by the Iowa Humanities Board will be held May 4. PATV staff and community producers will be attending. PATV's fiscal year ends in March and the annual report, which will include strategic planning, will soon be available. Stevens said PATV's strategic planning will be helpful in contract renewal discussions. Stevens asked about PATV's efforts to become more self-supporting. Paine said PATV is working on an integrated funding strategy which includes grants and sponsorships. LIBRARY REPORT Ashe reported the Library's quarterly lease with PATV is ready and will go to the Library Board for approval on March 31 and become effective April 1. Two new SVHS decks have been acquired which will upgrade production quality, especially sound. Future purchases will move '41'1 ""","',,': ,.. - . 0 . "\\. . "": :."":'. .'. .... ".~ . l I .,.. I : i i I I 'I , I I I \ . '1' . ~ ..:. .. . . ' )5' 0, zmli~' ..f. " i' i ( 0: ( \. ,,,.>j r>4( I'. , ; i " I I "~ II ! I \l. \j ~ C-...~ ~, ....~ Y'l , " ',~t ;:\'!' "" . " , .. . ;..... , '. .... . ... ~.',._:,: '-.,;, :.-' _;;.,.~~::', .',:.... ~ ...v, ".._1,.....,.;_;N,......'...... .",~.._.,__..".__._ Broadband Telecommunications Commission March 16, 1994 Page 3 to the SVHS format. The public address system in Meeting Room A will be moved to the projection booth. Recent programs include Celtic Music Story time, School's Out Special, a promo/tour of the Compass catalog system for children, a program on how libraries have changed peoples' lives, and a string quartet. Copyright issues, especially how they relate to A V material and the use of copyrighted material on the library channel are being explored. There is still no word from TCI on replacing the borrowed modulator for the INET or raising the pedestal in the alley behind the library. TCI OF EASTERN IOWA REPORT Shaffer reported that Blough estimates the 7% rate reduction mandated by the FCC will result , in a $4 million reduction in revenues over 10 years. Shaffer said the City will collect about $20,000 less in franchise fees per year as a result. TCI has also announced a $500 million capital freeze. TCI of Eastern Iowa recently sent the City a certificate of insurance as required by the franchise agreement. The policy was issued in March of 1994 and no evidence of any insurance has been provided for 11/91 to 3/94. CABLE TV ADMINISTRATOR REPORT Shaffer reported that the Community Television Group workshop, which was held February 26 and 27, was very productive. The two full-day sessions were attended throughout by several representatives each of the Library, PA TV, Iowa City Community Schools, the City Cable TV office and the Senior Center. It was discovered that the missions of each channel are not very different and there are no conflicting values, but a lot more work is needed to achieve a plan for the future. Rice, Williams Associates has provided their proposal outlining the rate regulation activities they will conduct on behalf of the City. It includes staff training so future rate reviews can be handled internally. A letter authorizing Rice, Williams to act in the City's behalf will be sent soon. The City has extended the deadline to determine if current rates are reasonable by 90 days, leaving around 60 days. Shaffer was recently on a public access program, Community Forum, to discuss refranchising issues. Shaffer has also been following the developments of the proposed Cultural Arts Center which includes a possibility of shared space for community television. The Arts Center is not expected to be built for some time. Shaffer reported that the National Association of Telecommunications Officers and Administrators has issued an action alert in regard to two pieces of federal legislation which are about to come out of committee that threaten the authority of franchisers, HR3636 arid S.1822. Both bills permit telephone companies to provide cable services without first obtaining a local franchise. President Clinton appears to support non-franchised telephone company entry and the elimination of franchise requirements for cable companies. A letter will be drafted for the Mayor to sign and send to the Iowa delegation in Washington, DC. Mayor Horowitz has already talked with several legislators on this issue. Shaffer reported receiving several complaints, two from businesses in city block 80 which can't get service, one that Channel 18 was out, one about inaudible volume on Channel 11, one about high rates, one about advanced billing, and one that the company referred them to an electrician for wiriflg their home for cable TV. .-' . :-, -" ~--~. '\,''''''"::,,, "0',,,',,-;1> I .,.. . ""-" -I ' 14LJ Do \:;I , i I I I', .. "I"'" ."" IS lo, ., ;. , ., '.-~. ," ;.--'~ ' .. ~ . "~I m1~J . r~' .'" ,. "~to . .", ~ \, \ I. ~ " ",,'" ,\., .. , . '.' "', , -"', . , , . .-.~_.__..._.~.___h'_.'_._. .. . Broadband Telecommunications Commission March 16, 1994 Page 4 CABLE TV REFRANCHISING/RENEWAL Shaffer reported that the next negotiating session will be April 12 and will focus on the INET and access funding. The effects of the recent FCC mandated 7% reduction of subscriber rates is unknown. TCl's $500 million capital investment freeze may have an impact on Iowa City. Coralville has been responsive towards joint actions. Shaffer and Helling have talked with Coralville's consultant and City Administrator. The Coralville cable commission wants to discuss how their refranchising activities might complement those of Iowa City. Shaffer has also remained in contact with the County, especially with regard to their interest in the INET. The schools are exploring specifically what type of equipment to purchase to ensure' compatibility with the cable company's equipment. Jeppsen asked if the SONET system of INET hardware might be more than is needed. Shaffer said that he is in the difficult process of tracking down more detailed information regarding this question. Costs are about $25,000 per INET site for full capacity, including visual, aural, phone and data reception and transmission. Jeppsen said the SONET system is two to three times more expensive than other systems but offers a variety of formats and is very interchangeable with other protocols. PUBLIC DISCUSSION None. ADJOURNMENT It was moved by Jeppsen and seconded by Rothenbuhler to adjourn. Unanimously approved. Adjournment at 6:25 p.m. Respectfully submitted, " c ., t?l lbtc3.' B.min " , I I I ~ :,r,I~' ~!' ~.l,L 1if'-l C 'I," 0 --- .-,.-. - . ~~.,~. .. ,', .', ;".":..,,: :"'),..""',-,.',.,:.",....,,''''''''''''r,,.''',''....., . .' .'. '",:1,,1.. , . \" ., ,Qj :>'t:.:~,.' :,,'.,~,:\, :",'.' ,: ' '.. r' ~ '.. ,,' , ,- , . . ", rOo, /~ .,.. J , ','. I ! , ' f":\ ~ ,1""1 ,0:, ..,......"..', " "C~'~ ~~-" }~31 , l ,..\ i ..'\ \ \ \ 1 \ " ~ r~ , r \ I r ,,' ~' ': . i, J ~~ fir \ "J~" '.;: 0'Jl'. ;.'if,i.",~"" ':-;-'f.i:. ":'li'h~\ " "'[,~I L...- I,ll , ,', ~) , , <fLtS' I .it. . ~) , , .' . ':1:\, ", , . ,,;.1, MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING 2ND FLOOR ADMINISTRATIVE CONFERENCE ROOM THURSDAY, MARCH 31 .4:00 PM Members Present: Margaret Cox, Stephen Greenleaf, Anne Hargrave, Jeri Hobart, Philip Hubbard, Katherine Moyers, Jesse Singer, Anne Spencer, Chuck Traw Staff Present: Barb Black, Maeve Clark, Susan Craig, Larry Eckholt, Lolly Eggers, Debb Green, Martha Lubaroff, Carol Spaziani CALL TO ORDER: Meeting was called to order at 4:04 pm. APPROVAL OF MINUTES: It was noted that in the first paragraph concerning the review of the proposed copyright policy the sentence reading "It was felt..we are an education institution and carrying.. should read "It was felt ...we are an institution that carries material.. "Education institution" has a specific definition in copyright law and the library is not included. The minutes were approved as corrected. Traw/Moyers DISBURSEMENTS: VISA expenditures for January and February were reviewed. Disbursements for February were approved. Moyers/Singer STAFF REPORTS: Community TV retreat. Craig reported on a two day community television worksession attended by Carol Spaziani and herself. An outside facilitator lead the participants, who represented agencies involved in local access television, in discussions about the organization and development of a community television group. It was agreed that the establishment of such a group should be pursued. Franchise discussions have been affected by the recent ruling from the federal government that mandate cutting cable rates, but the cable company has agreed to the concept of a "pass through" amount that could appear on cable bills to fund access needs. Canopy over entrance . The canopy in front of the building and the problems that it causes during bad weather due to dripping and freezing were re.evaluated. It was recommended that gutters and downspouts could be placed and a proposal for installing them in both the southside and the east side was discussed. The Board decided that since we don't yet know the outcome of the expansion plan, we would proceed and fix the southside for $900 and postpone a decision on fixing the east side, at a greater expense, until the expansion plans are firm. Development Office report. At the end of the 3rd quarter, overall giving to the Library is about $40,000 over last year at this time although the Sustaining Fund is behind last year's total at this time. Eckholt reviewed the status of several fund raising events planned for the fourth quarter. He also urged Board members to attend the "Funding the Future" celebration which takes place on April 10 and the Volunteer Recognition Tea scheduled for April 17 from 4 to 6 pm. Eckholt 1- ..- .~ ~. ._n. __. o ~), .,.. . D , , I I , l , ~O. ,\ 'i11)1,'I:3 .~.. . , r , \ , 'c,;,\ , ' \ \ " I \\ , ,', r+.. ' I " 1\ 1" i , i : f' i , , ~ ' , " ) \ i, , ":,,, , , I , :\~,:I;I~' ::t','."'" ,0"1.,.-, 'o,~ .~' '''r;'''li' ' ;, .~IJ1-' , l'~..." L _I -tt~. 0 '1 LtS' JS' ~O, " I .. . ':r.,\!,. " ~ '. :.' ICPL BOARD OF TRUSTEES MARCH 31, 1994 PAGE 2 promised something new from the Friends Committee Booksale Task force. They are planning for a much more visible June 18 booksale in conjunction with the Iowa Arts Festival. He was pleased to report that Assistant Pat Alden is back in the office after medical leave. MISCELLANEOUS ITEMS: Public Library Association meeting. Eggers reported on the attendance of herself, Black, Clark and Craig at the recent Public Libraries Association (PLA) meeting in Atlanta. David Smith, the library's consultant; Jeff Scherer, the library's architect and Susan Craig were co-presentors for a program on the impact of technology on planning library buildings. Project Green - A thank you note was read from the chair of "Project Green" on behalf of the organization's appreciation to the library for the very successful co-sponsorship of this year's Second Sunday Garden Forums. The final forum is Sunday, April 10. City's Community Vision project- Craig will head the Task Force on Arts, Culture and Human Development as part of the City Manager's and City Council's Community Vision project. Ten task forces are being recruited. PRESIDENT'S REPORT: New Trustee. Greenleaf reported to the Board that he and Eggers conducted an orientation session for new Trustee Margaret Cox. Cox has expressed interest in assuming the cable TV liaison role on behalf of the Board. City Attorney's Opinion - He informed the Board of the receipt of an opinion in response to his inquiry, from City Attorney, who stated that all Library Board committee meetings (Facilities, Planning, Search) must be public unless the topic under discussion qualifies for an Executive session under Iowa's open meetings law Greenleaf explained that there had been no particular problem but just a general inquiry to guide these very active committees. Search Committee - The schedule for the Search Committee was reviewed: The committee will be meeting at 9:15 on Thursday, April 21 after all the candidates have-been interviewed. At that time they will develop a recommendation to give the Board. A special meeting of the Board will be held on April 26 at 4:00 pm for informal consideration of the recommendation and authorization to make a job offer. The appointment can be formally made at the April 28 regular Board meeting if the offer has been accepted. Facilities Planning Committee - A contract with the architectural firm of Meyer, Scherer & Rockcastle has been signed. It covers only the development of the building program by June 30. A meeting to review the proposals from construction management firms will be held on April 7 at noon. In terms of the building program, Consultant Smith and Coordinators met for 8 hours on March 17 and 18 to come to a consensus about the space requirements, reducing some areas and increasing others. This draft, when approved by all involved, will go to the architect to review and test before a joint meeting df staff, consultant and architect to be held In late April or early May. Eggers will try to have a draft of the long-discussed City Council information packet on library expansion needs by the April 7 meeting. ""<Ml' .- --. -~ '0) .,.. . 1 " tl' t !' It ~ '. ~::.::' ' ,.""",-,, . ,r"':l' ,.'.'1 "I :1 ":",:.,1.,.<. . ;/' ':',<:.ti\p ..' '." ,,','l ,'. " t~' ..., ,. .,.. " ' ','- . . ,..'" :,\'.-'" ,,:c_.. .d_:,_.,..,.-..,~~;,..,i'..:::I..:~~:.~".;._~::;:.~{2L';j~ ~':~~~';,1~~-:;' ,."'~,,:;....:........;~...i.:""...~.;..,~~..~ :.." . ':' I ,I ", i .'( i . "..1 , '., , , , , i ; , , , ! , .,! ....;":''''.... l:', (~\ \\ ":~f' ~ ;: I · '\1 I :'1 i 1,/'.' : ~ 1;1 II I I L · I ~~: '. It' I, &..dfi 1;.. , ,(' ; ~fIjj".,'" 'r~ .....-........-! (--0 ......_._____.____~.,_'~''''~.',..,~".,.....,.'''_'~....',.......~,..'..u'.............;,~.....;_:..._.~~_,.,.. ICPL BOARD OF TRUSTEES MARCH 31,1994 PAGE 3 NEW BUSINESS: Strategic Plan. Eggers displayed the finished format that will be used. The proposed title is "Building on a Century of Services". Eggers described the plan and the Goals and Strategies. She explained that once the Board gives staff the go-ahead on this plan, staff will begin working in task forces to develop tasks and objectives. The Board was very pleased with the plan and gave their informal approval. When finished, it will be presented to Board for final approval, probably in June. Approve a revised tease with Pubtlc Access TV (PA TV) for their continued use of space In the tlbrary. cst A V coordinator Spaziani recommended a three month lease, renewable quarterly as necessary. She outlined her rationale in a cover letter to the Board. Her recommendation is based on the unsettled nature of funding for local access cable TV at this time. This arrangement allows either party to cancel when appropriate. The Board voted to accept the lease as revised. Traw/Singer ' ADJOURNMENT: The meeting was apjourned at 5:05 pm. Moyers/Singerman Minutes submitted by Martha Lubaroff. . ',", ~:::.~~ --- .~ ' , , ":",,0. """" ,._"'- 'LtS' ..jJ"i::'c;""'-7\.'.....~,.:".".";"'., ~~'''I,~'''':'''''' .w "',,, .,'.". ' 25 ;,~,'. : ~ : .': .,'. . '.' "": . r , , ,,' ",',,~'.;,;I,; 0"'.': " .. :~, .'",,,., ,'I' ... " ^ t~~':! 'I '", " \ ''\ ; " \ \ \J \ '\' '. c: .,.~, : (-'\ \1 \\ m',:i~ ,'T\ /.: Ii : ! I , . ! ib , I ~ I[ J ~ , Wt , 'I~.~' ,',,'R:[~ )' -IJr ~;j ~\ r;;I~'t , ",1 ","",- '--'''' (-. 0 'l'l-b \' I " ij , . ;-"'1 " '.. . . ~t \ 1" '1'. '.j .. ,~. ..,. ~ " . ,..'; :.:,..c,.:. ,;~ '.'.... ..' ...,..".......:..:.',..,.,...., ..,'....,.."....---. .t'~..- MINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, MARCH 16, 1994 - 5:30 P.M. SENIOR CENTER CLASSROOM I if'~r:>n nl"}f1. , l'!A.l~~U:li"'~.~10 n~7 ~il"l ~~iluiJ\i:t-"~ J j I ~ ~~ ~ P.JjfJ;Oil"a " '4/l MEMBERS PRESENT: Richard Hoppin, Jan Hubel, Les Kuehl, Karen Mumford, Nancy Seiberling, Don Otto, Judy Pfohl, Jim' Pugh, Larry Wilson MEMBERS ABSENT: Barb Hinkel, John Pelton STAFF PRESENT: Denney, Franklin, Krippner CALL TO ORDER. INTRODUCTIONS AND ANNOUNCEMENTS: Chairperson Wilson called the meeting to order at 5:35 p.m. Denney invited commissioners to the April 15 Conference in Burlington. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 16. 1994. MEETING: Pugh moved and Otto seconded to approve the minutes of the February 16, 1994, meeting. The motion passed unanimously. SENSITIVE AREAS INVENTORY - PHASE I: Karin Franklin presented the first phase of the Sensitive Areas Inventory. The wall-size map produced by RUST Environment and Infrastructure of Waterloo depicted a compilation of information. The next phase is to verify the sensitive areas. The map will be used as a guide when reviewing development applications. Franklin invited the RNAC to suggest additional ways to use the information. A technical advisory committee has been formed to evaluate the environmental sensitivity of development projects. Presently, the only ordinance that addresses environmental issues is the "Grading and Excavation Ordinance" which regulates slopes and drainage ways. IOWA CITY COMMUNITY VISIONING PROCESS: Franklin encouraged commissioners to inform friends about the forthcoming community visioning process that will involve discussion about growth. Ten specific task forces will be created through an application process. Task force members will work over a two and half , month period. Boards and Commissions will review the work of the task forces in the fall. City Council has asked RNAC to send a representative to the Parks, Recreation and Open Space Task Force. Interested commissioners should call Larry Wilson or Karen Mumford. RIVER MONTH UPDATE: Mumford reported that photograph contest advertisements have been posted on Iowa City and Coralville buses and in photo clubs' newsletters. An advertisement is running on cable television as well. The commission discussed candidates for River Month awards. " ~_<v. ,'0,':)' " :. ....... " ':' .,.. . I d: ~i::1' .,'. '.f ;. , /0.,',' :'. ~ ; ,. " ,""1",: ;,,'\ . "'.,~t ~ \' 'I, . , ',"I, .' .. " ',' " , '... . '; . , , , ',' ~ ;._ ,.'M ,,''''.'.. .. ~ .< '''--.'..._.. ':~l:":'~ ';",;,:~,,,:,'.':";~:"';.;...;~;,-~...,~,......,..~,..,<,,,._,~,,,-,-,._,,___~'u. .. % J (-. \ ;~ i I I II i i i ! I II~: It ~ ~ ,.. c, --- , " 0 '" _... ___ _d_ - .'~ '--~~-'._-'~" ...~."".--,,,,'''' ..c_,_,~ '...',.'......'.... __"__.' _...,__..:.._~___ Riverfront & Natural Areas Commission March 16, 1994 Page 2 SLIDE SHOW COSTS: Hubel reported that the slide show is being transmitted to video at a maximum cost of $100. The Commission discussed ways to pay the outstanding bill from the University of Iowa. It was suggested to move funds from the trail signs budget. This would involve a budget amendment but seems "do-able." Pugh moved and Pfohl seconded to request that the City consider transferring fund from the Trail Sign fund to the "Slide Show Support fund." The motion carried unanimously. REVIEW OF THE DRAFT TREE PRESERVATION OVERLAY ZONE: Denney noted that the overlay zone does not affect the underlying zoning and that it only applies to parcels identified as woodlands on the Sensitive Area Inventory. Percentage of tree cover to be preserved is one component of the draft ordinance. ' Wilson suggested several features ofthe overlay zone be strengthened. These features include special consideration of free-standing trees 12" to 18" and consider trees of 8" or more as mature. He indicated that a planting period should be identified. Pugh moved and Pfohl seconded to accept and affirm the draft proposal as presented in general principal but that whosoever has individual reservations shall contact staff. The motion carried unanimously. RIVER CORRIDOR TRAIL UPDATES: 1. Iowa Avenue to Burlington Street Denney reported that the bids are out and the bid opening will take place in the following week. Construction should begin after school ends in May. 2. Burlington Street to Highway 6 Denney reported that Shive-Hattery is moving forward with design of this segment and that he had been contacted by some affected property owners. DEVELOPMENT ITEMS: Denney reported a subdivision proposal has been submitted for the, ADS site on Sheridan Avenue. The developer offered to dedicate property within the Ralston Creek flood way for trail building. The potential of wetlands is being evaluated. A retention basin will not work with this property. ,~~ I' '- ,0,~..J:':"::"""':' " ~~ I I .,.. . '.."1 I I I I '. ." Q ."T':"'" , f~ II"':, .0: .'::',~~=<c' ';r;:" m'Zim.' ',,I . " , " ; , i ..J i; I LI c"""'\' \1 ~ fM I I ~ ~) ( I I , , ,I ; 'I ' i' i I ~~ i Il ) ~'"j, ,,~: , , . ',i, , -'..-\ (" =-- . " 0 :'~,,-' ._----~._--- .t: ., f' , . '<':::" . ,;', "~; :'..,:,.;,.~\,l.~" . I ,.~, I~; ~,;' , :f '.'-'.' .. , '~ ' ;' . ',:,.' , ' , .,.', . .~,..:._:-,'~:,,~ .~,.~._ ~ ,._...~_'~~::~t,~.~ - . '. " ' '.' ... '.~.. ,_~_'_v_'~_~~;;':_"':";"',.~.': . '- '." ~ - ,: ,,' . , ,. .. ..' ,,' , .._.,.u.,__,~.....__~._,"".~."."~"_~_~,..",,,,.....,,,,,,...,,_,..~..._,~~~,__,.:_._,_,__....... Riverfront & Natural Areas Commission March 16, 1994 Page 3 COMMITTEE REPORTS: 1. Wetlands Hoppin noted ~e is keeping tabs on the wetlands ordinance work being done by graduate students in the Urban Planning Department. COMMISSIONERS' REPORTS: c. Pugh asked commissioners get $6.50 for RNAC caps prior to the next meeting. Kuehl reported that his firm is designing the Wolf Avenue bridge. He is interested in re-using old bridges for trail building. Otto reported he is working with Steve Ford on the design of a portion of the Ned Ashton park. The work site will be only a section of the whole area. F.I.R.S.T. REPORT: Dahms reported that a farm access bridge will be re-used on the Hoover Nature Trail. May 15, 1994 will be the Third Annual FIRST Community Bike-n-Hike. FIRST hopes to dovetail with "Anything but Drive Days." At the end of March, FIRST holding an informational meeting. Invitations were sent out. The goal is to build a Board of Directors and get the fundraising efforts started. I; r' ADJOURNMENT: Pfohl moved and Hubel seconded to adjourn at 7:25 p.m. Minutes submitted by Kerstin Krippner. mins\mac3.16 , :~. .- '1(, '., ""I.,,",'" ).. ,...,........,...",..""..."",,.,"""""";'...,]',.,"",.,' ,. I, '".,. ',:... 'c(,',' '\' ". ,'" .."''. .0"',. ,'" , , o. ,',' ".'" , " It. ( , " '",t.l.:".;,,"':~,":' I~'};"." '. " " ". _,~ ,~, ,.,' ;: ":"",,,/::, n~~_ ' ,'=, T:1r~ , , '~r ~\' '1. -' . ~' , '. . ,::, . ", " V MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY, MARCH 22, 1994 - 5:30 IOWA CITY TRANSIT FACILITY P.M. MEMBERS PRESENT: John Ockenfels, Howard Horan, Pat Foster, Richard Blum, Robert Hicks STAFF PRESENT: Ron 0' Neil CALL TO ORDER: Chairperson Ockenfels called the meeting to order at 5:37 p.m. A quorum of the Commission was present. APPROVAL OF MINUTES: The minutes of the February 15, 1994, meeting were accepted as submitted. AUTHORIZATION OF EXPENDITURES: O'Neil explained that the abstract update was needed to complete the state security fencing grant application. This update will be current enough to use if the Commission receives a grant for a Master Plan study in the next few months. Blum moved to approve the expenditures as presented. Horan seconded the motion and the expendltures were approved 5 - O. PUBLIC, DISCUSSION - ITEMS NOT ON AGENDA: , r , -\ I No items were presented. , \, \, ITEMS FOR DISCUSSION/ACTION: (.'.;3 I I ! I' a. National Guard Lease request - Gerald Klinkefus and Marv Peters presented information concerning leasing some Airport property to store National Guard vehicles. The area they wanted to lease is just north of the Army Reserve Center on Riverside Drive. It would be one fourth to one half of an acre. i 'C . I'. The area would be! fenced, with their own gate from the Reserve Center access drive. The area would have a rock surface. The Guard would supply the labor for the improvements. Klinkefus said they would like to negotiate a three to five year lease. He said that from the last discussion with the commission, he knows the Commission is concerned with leasing the property at fair market value. He was hoping that the improvements they would make to the site would be considered as part of the annual rent. i d, '~ ,~' ~,I~ r~,~t{~ .h~\~' ~ l'-11{t,', . ''''', L,., q&fl ''('0 ~, (.--.------ ,- - -'-.". -- '.0-.) . . .,.. I' , , , o I' ~ 'j ~ ,j' O. " ,:-~m r " i I" .'~., I ' \. \ ,~ r,:~-'l r I : ~' , i'. , i d: ,~ Cl j', . !~' ' .,.'".,'I,:,:~ I'! I;, :':,~l,~~, ",l.,f., . "'." I l,,- r'" 0- ,C,.._ u. . , .':r:,\!., .. . .~' , " .,.. . . ,;~ . Klinkefus also stated that the Guard may be interested in a larger piece of property for a long-term lease. There is a possibility that a new Guard facility would be built in Iowa City within the next few years. The Commission members explained that there may an opportunity for the Guard to lease some property south of the Reserve Center. There is a seventeen acre parcel that the Commission intends to develop to increase Airport revenues. Klinkefus said he may be interested in discussing the issue with the Commission. with some consideration for the improvements, a tentative agreement was reached for a three year lease at $ 560.00 per year. There is a possibility that an option for three more years would be included. Klinkefus will draft a lease agreement for the City Attorney's office review. 0 I Neil will discuss the issue with Burnside to see if a public hearing is required. This will be an agenda item at the April Commission meeting. b. New hangar building - Dean Thornberry presented information on building a T-hangar building. He contacted several builders and so far, Menards has presented the best proposal. One option would be a pUblic/private partnership. For a $ 200,000 investment, the original debt, without interest, would take approximately 13.3 years to payoff. At the end of 20 years, the investment would be paid back in full, including interest. Because of the 'bonding available to the City, it may be more beneficial for the City to fund the project on their own. This would also allow the Commission complete control of the building. 0' Neil will discuss funding issues with Don Yucuis to see what funding mechanisms are available to build additional hangar space. This would eliminate some of the problems now being experienced with the rental policy on the existing T-hangars. Thornberry said he has had difficulty in getting rCFS to put his name on a waiting list for a T-hangar. He knows of someone who bought a plane after he did whose name is on the hangar list. He wants aT-hangar because his plane has been damaged twice in the United hangar. Foster said he will work with ICFS and the city Attorney's office to see if there is discrimination in the leasing policy of the T- hangars. c. IDOT Grant - Pavement and Joint sealing - O'Neil presented a copy of the grant offer from the Iowa Department of Transportation. The project would cover Runway 12/30, the taxi ways and the parking ramp area. This is a 70/30 split, with the IDOT paying 70 %. Blum made a motion for a resolution to accept the grant offer from the Iowa Department of Transportation. The estimated cost of the project is $ 83,667.00, with the state's portion being $ 58,567.00 and the local share $ 25,100.00. Foster seconded the motion. At roll call vote, the motion passed 5 - O. 'Lf1 =~====: - ~ '. -. . 0) I , I t. .( ~) . r, I I o ~o. 'i~Ub.:tlJ' ',' " ,.; "..-~'.. \ I I" I , I i I . I I ,I I I I" , I r". ' i i I : l, ~-" , 't~.o , ., y \ .> , . '-~t~\'I., " ,~. ~ '., ... . . .. .., ~,"".' '~'- ,~""..,-- d. Airport Master Plan - Ockenfels said there is not support on the Council at this time to consider any relocation option. Five of the six Council members at the March 3 meeting expressed support for an airport at the current location. option 1 from the Feasibility study will be the basic outline for the Master Plan study. Ockenfels stated that the discussions with the Council indicate . that the Commission should proceed with the preapplication now on file with the FAA and develop a Master Plan for the current site. Ockenfels will send a memo to the Council indicating the intentions of the Airport Commission. CHAIRPERSON'S REPORT: Kathy Randolph, from the FAA, was in Iowa City to review some of the proposed construction around the Airport. She is responsible for many of the air space use studies for Iowa city. She raised many legal issues. Ockenfels suggested a meeting with the city Attorney's office to discuss some of the pending issues. A meeting was tentatively scheduled for April 15 at 12:00 noon at the City Attorney's office. O'Neil will schedule the meeting. This will be a closed meeting to discuss pending litigation. COMMISSION MEMBERS' REPORT: Blum discussed the meeting with Kathy Randolph. She appreciated the Commission members showing her the areas of planned construction near the Airport. She was concerned about some of the congestion in the area. April 28 and 29 is the Iowa Aviation Conference in Ames. It is set up to attend one or both days. Blum encouraged the commission members to attend. 0' Neil said that the Commission members need to contact him by April 7, 1994, if they planned to attend. The Sertoma breakfast at the Airport is scheduled for August 28. ADMINISTRATIVE REPORT: O'Neil said that information was' included in the packet concerning electrical use at the Airport. This was information requested by the Commission at the last meeting. The FAA AlP Conference is scheduled for November 3 and 4, 1994. There is a response from Menards concerning the storm water detention system and run-off on Airport property. They have assured the Commission there will be no problem with flooding Airport property. 'Lfl ~ 'o-J,',2' . .,' ,.,., ,~;, ." 10" , \ '5 l .. t>!&'l" ',\' ", '.1-'. '.:, . {\'.' , '.. ,. , ,:~.~t: 'I'f; ','," .~, , .., 'R.., . .., ~~':_;.:':"'..:.;;_ ".. -. ,,,'._' ,:_,;:._ ~.....,. ';,..';""., c'u' ",..~l'~~'..'_',~:-, ' '. " . , ___. .__'_R"._'_"~'_.""~__"'___.' ;; .J (~~ \ '.~ ~ ! I i ' t I , , , I I I ~ i \ l ~" J 1~ (,r" .. 0 ,~- .,.. .----.. -'~-"'.'- ~"._;-_..', . '._~.,~. ~',,"~'.-~_.~' ~ '-" .-. .,..,--,.-...---,-.,-..--- . , The City Engineering Department sent a letter to Walmart saying the storm water detention area is not discharging as much water as originally calculated. The city i~ planning no further action. The Iowa city Police Department and the Johnson County Sheriff's Department has inquired into using a portion of a taxi way for some training exercises. They will contact 0 I Neil if they want to pursue this project. O'Neil said he has had two contacts concerning owners of mobile homes from the Iowa city Mobile Home Park wanting to know when the Commission would be buying their mobile homes. 0' Neil explained to the people who called what the issues are and what might be expected from the Airport. . . Jones, from ICFS, inquired about installing a self fueling station for aircraft. commission members instructed O'Neil to have Jones develop a proposal to present to them. Ockenfels said this may be something the Commission would want to put out for bids. ELECTION OF OFFICERS: Blum made a motion to re-elect Ockenfels as chairperson and Foster as vice chairperson/secretary. Hicks seconded the motion. There were no other nominations. At roll call vote, the motion passed 3 - 0, with Foster and Ockenfels abstaining. SET NEXT REGULAR MEETING: The next regular meeting was set for April 19, 1994, at 5:30 p.m. ADJOURNMENT: Horan moved to adjourn the meeting at 7:50 p.m. Blum seconded the motion and the meeting was adjourned. "~I CD , ~'f1 ~' "',' ',0",,,:1:":~":"':'~:""'" '"'/;''' - '1'5' I' 0, "0"." ."" .' " .. j '~~ .. . '~L I ,\,; '..' , " .,.. . ,. ,I': , ' " Ie \ ,,\ D "\ MINUTES IOWA CITY BOARD OF ADJUSTMENT APRIL 13, 1994 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PREUa~~rJARY Subject to Approval MEMBERS PRESENT: Patricia Eckhardt, Bill Haigh, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: Catherine Johnson STAFF PRESENT: Bormann, Rockwell, Boothroy, Denney, Schweitzer OTHERS PRESENT: E.K. Jones, Larry Calkins, Lucille Calkins, Bill Frantz, Michael Brenneman, Kevil1 Hanick, Richard Stratton RECOMMENDATION TO COUNCIL: The Board of Adjustment, by a vote of 4-0, recommended in favor of the concept of amending the Zoning Ordinance to permit minor modifications to the ordinance to occur administratively. CALL TO ORDER: Chairperson Vogelzang called the meeting to order at 4:35 p.m. CONSIDERATION OF THE MINUTES OF THE MARCH 9. 1994, MEETING: o Haigh moved and Lehman seconded the motion to approve the minutes of the March 9, 1994, meeting. The motion carried 4-0. SPECIAL EXCEPTION ITEMS: 1. EXC94-0001. Public hearing on a request submitted by Eliot Clark Jones for a special exception to permit a yard modification on property located in the RS-5 zone at 932 DeForest Avenue. \ .? /..1 Denney reminded the Board this item had been deferred from the March 9, 1994, meeting, when Jones changed the request for the reduction of the rear yard from 20 feet to 15 feet instead of the reduction from 20 feet to 10 feet he originally requested. This reduction did not significantly affect the staff recommendation of March 9, 1994. The modification effects whether the request is considered substantial. A five-foot reduction in the rear yard would result in a 25 percent reduction in the required yard. , " I Denney stated the applicant has not yet demonstrated that the situation precipitating the request is peculiar to the property. The applicant's lot is similar in size and shape to other lots in the neighborhood. Denney said staff believes construction of the proposed garage could have a negative impact on the neighborhood. The applicant has a feasible alternative, which is to construct a smaller garage which complies with code requirements. Denney passed around photographs from Jones' neighbor meant to demonstrate how large the building would be on Jones's lot. : , , I , I ~ Staff recommended that EXC94-0001. a request to modify the rear yard requirements for property located at 932 DeForest Avenue be denied. ",""J", '~r l \ ,q, 4r~,"~ :,--" , 1 . T" - ~. - . => ,'" 0 , ! " '",," " . ,~' : , I a /5 ' 50, ~~t1 " " " I \ (1 , , , , I I ~ ,I ':"1' " ~" " ",I , lC-'- 0 \'j .. . , ' . ~l :, .\ !. '; , '~..-' '. . . ~., , ,. ..;, '" . Board of Adjustment April 13, 1994 Page 2 PUBLIC DISCUSSION: E.K. Jones. 1033 E. Burlinaton. spoke on behalf of his son, Eliot Jones, who was out of town. He expressed his concern that reducing the size of the proposed garage would not result in any savings to his son on property taxes. He said the run-off from the property could be diverted away from neighbors onto the street. He was sure his son's property taxes would go up if he did build a garage, and this was contrary to the way it should be. Jones stated people should have lower taxes if they make improvements to their property. Lawrence Calkins. 931 Cottonwood Avenue, read an AprilS, 1994, letter of opposition he and his wife submitted to the Board. His rear lot line meets the Jones' yard. He reiterated his opposition to the garage, because of potential drainage problems, including water from additional driveway pavement and the larger garage. Calkins also stated the garage would be an obstacle to fire protection for other buildings in the area. Calkins said the large size of the garage could not be justified by the Jones's incr'easing family size, because the garage would eliminate space in the backyard for children to play in. He urged the City to stand by the RS-5 zone regulations. Lucille Calkins. 931 Cottonwood Avenue, read three letters from neighbors not able to attend the meeting. Letter writers Marty and Ann Hanrahan, and John and Josephine Dutlinger had concerns about water run-off from the garage. The letter from Charles and Francis Drollinger also brought up run-off concerns as well as their belief the 24 foot by 30 foot garage would be out of proportion with the house, would lower property values, and obstruct the neighbors' view. BOARD DISCUSSION: MOTION: Lehman moved to approve EXC94-QQ01 , a special exception to permit a yard modification on property located in the RS-5 zone at 932 DeForest Avenue. Eckhardt seconded the motion. Lehman commented gutters could be attached to the garage to divert water run-off. Eckhardt noted the neighborhood had small houses and small lots, and the inclusion of the large garage would be out of proportion with the rest of the neighborhood. Vogelzang asked how long other large garages in the neighborhood had been in existence. Denney clarified that some garages may predate the Zoning Ordinance requirements that pertain to this case, while other garages are located on larger lots. Vogelzang and Lehman both asked if the garage would be a problem if there were an alley adjacent to the site. Denney responded an alley would not lessen the reduction of the back yard. Vogelzang noted an alley may lessen the impacts for the neighbors. Eckhardt asked why Jones could not move the existing garage forward. Denney stated that would be make it difficult to get into the second bay of the garage. Vogelzang empathized with Jones's desire to have a large garage, but noted the importance of balancing community and neighborhood needs with individual wants. Denney noted Jones could build a 24 foot by 24 foot garage and still be within the RS- 5 zone limitations. Eckhardt expressed her concern that the garage would cause the ~'i t . ~- w- - .'.. ,0,:.),;, ....,,' 10' ,.,-....- '''','' . , .,.. . I 10 t\:::J I 15 ,10 :?W2:'l 1\ ' ( C:'\ " I \1 '. ,~'i(~\ I', \ I' I I I I , " , : i I , ~i , , ! I '~ i I ;~ " ~\i'~l,,~. " i'~( ,~. ~. ft. ~r; .((r- 0 , , ',- ...---- ., " , , ,'. . . '~t \,\'j" . ,,- .' . ~. .'.,' ~ .,.. . .:.", Board of Adjustment April 13, 1994 Page 3 neighborhood to'appear denser. Haigh agreed that a 24 foot by 30 foot garage was too big for the lot. The motion was denied 0-4. 2. EXC94-0002. Public hearing on a request submitted by Kennedy Plaza, Inc. for a special exception to permit parking on a separate lot for property located in the CC-2 zone at 702 S. Gilbert. Denney said this item had been deferred from the March 9, 1994, meeting. He explained the only outstanding issue regarding this request was negotiation of an appropriate lease that assured that the parking on the separate lot would be available as long as the uses at Kennedy Plaza were in existence. Denney reported the applicant had negotiated a lease, which had been approved by the City Attorney's Office. Staff recommended that EXC94-0002. a special exception to permit parking on a separate lot for property located in the southeast quadrant on the intersection of Gilbert and LaFayette streets be approved. Lehman asked what the applicant did differently on the lease to make it acceptable to the City Attorney. Bormann explained the lease now contained an automatic extension of the lease beyond the initial lease period. The lease will remain in full force and effect as long as the lessee needs the leased land to satisfy City parking regulations for the development at 702 S. Gilbert Street. PUBLIC DISCUSSION: There was no public discussion. BOARD DISCUSSION: MOTION: Haigh moved to approve EXC94-0002, a request submitted by Kennedy Plaza. Inc. for a special exception to allow parking on a separate lot for property located in the southeast quadrant of the intersection of Gilbert and LaFayette streets. Eckhardt seconded the motion. Eckhardt, Vogelzang and Lehman noted they accepted the opinion of the City Attorney. The motion was carried 4-0. 3. EXC94-0005. Public hearing on a request submitted by Frantz Construction Co., Inc. to reduce the required front yard setback for property located in a CI-1 zone at 325 Third Street. " Denney noted the frontage in question was located on Highland Avenue. Denney explained the existing warehouse building was constructed in 1991 on a foundation that was built in the mid-50s and then burned down in 1971. He noted the building permit was issued in error allowing the new building to be constructed without qLfi ~~:~...~~ -. ~'M' ..J; 0 ~. ~\~ ~lj':. rJr~ " " .\ .-,.01 r " \ ~ , I I" I I I , " : , , ~, II. , I i: " , " \ \ l..J ,~ , b,i :,'~,"ill{~,: ':f; ~ "j, f'\l~ :\1 ~!; - If,=><>, :\... 0 " ; " -' . "t" , \,\ I, ~ '~. '.,' ~ " .... . . .-,.."". .':'.\,. Board of Adjustment April 13, 1994, Page 4 complying with the required 20-foot front yard setback along the Highland Street frontage. Denney related a temporary certificate of occupancy was issued in February 1991, because the paving associated with the construction was not complete. Denney said the error was found when the applicant filed for a final certificate of occupancy. Denney explained the applicant was seeking the requested special exception to remedy this situation so that a certificate of occupancy could be issued. Denney explained a special exception can be granted when the property owner can demonstrate the situation precipitating the request is peculiar to the property, that there is practical difficulty in complying with the dimensional requirements, and the general standards for special exceptions have been met. Staff opinion is that the situation precipitating the request is peculiar to the property. Denney noted the applicant applied for and was granted a building permit and assumed he was constructing a building that complied with City codes. Denney explained there are five items to consider when determining practical difficulty. He noted the staff's view is that the requested modification is not substantial. He explained the modification is a 19% reduction of the required yard. Denney stated the request will have no effect on population density or municipal facilities. Denney said the building is there already and the previous building existed as a legal nonconforming use on the site for almost 40 years. Denney commented this had not caused any substantial change or detriment to the neighborhood. Denney also commented the only alternative available to the applicant was to remove 13.6 feet from the building. This is not a practical solution. Denney stated in staff's view, the requested modification is not substantial, would not impact density or municipal services, would not be detrimental to the neighborhood, and the applicant does not have a practical alternative. Denney said it is staff's opinion that the interests of justice would be served by granting the requested yard modification. Denney noted one concern about adequate facilities being in place. He said currently there are sidewalks in place east and west of the property along Highland Street. Staff recommended sidewalk be provided if the special exception is to be approved. Denney noted the applicant was amenable to this condition. Staff recommended EXC94-0005, a request to modify the front yard setback requirement along Highland Street for property located in the CI-1 zone from 20 feet to 6.4 feet for the 45-foot width of the westerly building at 325 Third Street be approved, subject to provision of a sidewalk along Highland Street adjacent to the building. Haigh asked how long the temporary certificate of occupancy would be, valid. Bormann stated there is a time limit with the issuance of such a certificate. Denney explained that the final certificate of occuRancy clears the title for the property in case the applicant wants to sell or lease the property. Vogelzang asked why this matter came to the Bqard's attention. Bormann suggested the applicant had not been using the building. Paul Bowers stated the certificate had gotten lost in the files, and the City Housing and Inspection Services staff had no way of tracing it. This matter came to their attention after doing other research. ctLJi _..----- - ._.-. " -. 0 ') " ," "', ,',,, ,~~,' I ., r:.. ii- ....) I' I I , o ,', I I I I ! i I rd. " ,\~.r;:.'a ,- , r .\ ..--c.;.! r \ \ A! I I'., " I i , ~, ! I'. ~(, l '''''',~'", ''''~~ itlt ,C'-o ., " j -' . '~t\'1 '\"\ ,~. \ " . ,...' ..', ~,~.' Board of Adjustment April 13, 1994 Page 5 4. -"" -- - Lehman asked for clarification on the location of the sidewalk. Denney showed the missing portion of the sidewalk on the map and stated there is just gravel on the ground now. PUBLIC DISCUSSION: Bill Frantz. 325 Third Street, Franz Construction Co., Inc., stated he was there to answer questions. He clarified that Frantz Construction got a temporary certificate of occupancy, because the building was completed just prior to March. He was not able to asphalt at that time to meet the requirement of having a hard-surface drive in front of the building. The temporary certificate was issued with an expiration date of June 1, 1991; the day by which the improvements were to be made. Frantz stated he had the improvements done. He said the matter slipped his mind. All four of the units in the building had been leased since March. He was requesting the special exception to get the permanent occupancy permit. He said he would comply with the sidewalk requirement if the special exception were granted. BOARD DISCUSSION: MOTION: Eckhardt moved that EXC94-0005, a request to modify the front yard requirement along Highland Street for property located in the CI-' zone from 20 feet to 6.4 feet for the 45-foot width of the westerly building at 325 Third Street be CD approved, subject to provision of a sidewalk along Highland Street adjacent to the building. Haigh seconded. qt.ti )5 \ 1[1 I Lehman stated he saw no problem with the exception. Haigh stated since a building had been there for many years, and it was a commercial area already, there would be no detriment to the neighborhood. The motion carried 4-0. EXC94-0007. Public hearing on a request submitted by the First Mennonite Church for a special exception to expand a religious institution for property located in the RS-8 zone at 405 Myrtle Avenue. Rockwell presented applicant's site plan. She noted staff was recommending that the Board defer consideration of this item. Rockwell stated a complete application had not been submitted. Several regulations had not been met. She stated one such regulation was that all religious institutions in the RS-8 zone were to have access to arterial streets as identified on the Comprehensive Plan Map, or on street pavements wider than 28 feet. Rockwell noted the pavement on both Myrtle Avenue and Greenwood Street is 25 feet wide. She said this item was going to the Planning and Zoning Commission with a recommendation to amend the Zoning Ordinance. She stated the City Transportation Planner looked at the project and found no compelling reason why the First Mennonite Church should not be allowed to go ahead with the project. She said the language will be amended, if the Commission and Council approve it, to read that religious institutions can be established on streets that are arterial or collector streets. Rockwell stated the streets in question are collector streets that are adequate to carry the traffic the church would generate. ~'.~~ -: - .__'0 "J" ~~ i. \' i " . .. . "1 .'\\i,', . , ,',', , ,.,,' . :.' , Board of Adjustment April 13, 1994 Page 6 ,-,,"',,",,: " ! ,,\ ' C-"\ \1 ~ i~ I \ I" I : I , I , , . , ,b I I. , I ~ .{~ '1'1'" ;.:; ~} ~' ..... ~....I i,lt~,cr ,,1\1\0., 0_1 tt~_~n_"~___ q'iV ?) ~tj Rockwell stated the other problem with the application was the minimum yard requirement. She explained that religious institutions in the RS-8 zone are required to have a setback of two feet of horizontal distance provided for each foot of building height. Rockwell stated the building in this case is over 20 feet high and would need a 40.foot setback from any lot line. Rockwell noted there were members of the church at the meeting. She anticipated they would make an application for the yard modification as well as the religious institution expansion to be considered at the next Board of Adjustment meeting on May 11, 1994. Eckhardt asked for clarification on whether the applicants were asking for the deferral. Rockwell answered that normally this would be the case, but because there was not a complete application as yet, staff could recommend deferral. PUBLIC DISCUSSION: Michael Brenneman. attornev. stated the First Mennonite Church was very much interested in working with the City. He also said the church was very anxious to get moving on the project, because they had already accepted bids from contractors and had worked with an architect. He asked staff what could be done to speed the process of getting a special exception. Bormann responded the deferral would allow an application to be made for consideration of the yard modification at the May 11, 1994, Board hearing meeting. She explained the church could submit a letter to the Planning and Zoning Commission for expedited consideration of the proposed change to the Zoning Ordinance at the April 21 , 1994 meeting. Rockwell explained the amendment would then go to the City Council and would be subject to setting a public hearing, and having a public hearing and three readings of the ordinance amendment. Rockwell said asking for expedited consideration of the item could speed up the process, but it would probably be mid- June before the ordinance was amended. Rockwell stated the ordinance amendment would not prevent the applicants from proceeding to request approval for the yard modification and expansion of a religious institution. Brenneman asked what they needed to add to their application to complete it. Rockwell replied no information had been supplied concerning the yard modification. John Shaw. architect, said his understanding was that the yard setback regulation was to prevent buildings from blocking the view and sunlight from neighboring buildings. He explained the church plans to excavate an area lower than the existing grade, while the neighboring buildings remain on a much higher grade. Rockwell suggested Shaw's explanations were the type of information to be put in the special exception application for the yard modification. Vogelzang noted the Board was not in a position to make a decision based on the information it had right now. BOARD DISCUSSION: MOTION: Lehman moved to defer EXC94.0007, a request submitted by the First Mennonite Church for a special exception to expand a religious institution for property ,,,..,..u. f __C .0,',.,),.,:'.... ,. ," .' , , ,..' "," .,.. . D I I I I I I ,'; ,t7~~~ I: ' .\ (~.\ ,\ \' ,,,..,J r.'~ I r \ ., 1(,' ! I~. , " I . I ~ ^"~:~)Jl ,::,!!01,' [';l~; 1".._", 'C"'-- 0 \' , .' . "r ....\i",. '~. , ri"!,,, . .' , .'-.'"',,.-," Board of Adjustment April 1 3, 1994 Page 7 located in the RS-8 zone at 405 Myrtle Street to the May 11, 1994, meeting. Haigh seconded. Lehman stated the Board simply needs more information to make a decision and that staff should have the information to make a recommendation on May 11, 1994. Vogelzang urged the applicants to work closely with staff to prepare their application. The motion was carried 4-0. VARIANCE ITEM: 1. V AR93-0003. Public hearing on a request by Kevin Hanick, on behalf of property owner Wayne Glover, for a variance to waive off-street parking requirements for property- located in the CB-2 zone at 209 N. Linn Street. Rockwell reminded the Board that it had approved two variances on February 9, 1994, for the proposed development. She noted the applicant now proposed to build two floors of commercial uses, including a ground floor and a second floor. This plan would eliminate the basement, two residential units and two parking spaces. Rockwell stated the building elevation remains essentially the same. She explained the floor area ratio variance was no longer necessary, because the project, as now proposed, was in compliance with that requirement. She said the request is now to waive all parking requirements for the property. Rockwell explained staff had asked the applicant to demonstrate the project would be financially infeasible if the parking requirements were not waived. Rockwell said the applicant provided a preliminary financial analysis that shows a minimal rate of return of 5 %, even with 100% occupancy and a total waiver of the parking requirements. Rockwell said based on this analysis, the requirement of parking spaces would make the project infeasible, because it would result in an operating deficit. Rockwell explained staff also looked at the rate of return for a turnkey operation. There were so many unknown factors about sale price and operating costs, staff decided to balance the unknowns against the public good staff believed would result from this project. She stated the project had been scaled back since the initial application. The two-level commercial structure will upgrade the property and streetscape, and contribute to the market vitality of the area. She also noted the two parking spaces shown on the previous site plan were intended to serve two residential apartments. .The apartments are no longer part of the redevelopment project. Staff viewed the variance request as reasonable, and recommended the approval of the amendment to VAR93-0003 to waive off-street parking requirements to permit two commercial levels of a two-story structure to be constructed consistent with the facade elevation date-stamped January 25, 1994, for property located in the CB-2 zone at 209 N. Linn Street. PUBLIC DISCUSSION: Kevin Hanick. 1830 Friendshio. stated the developers have scaled back quite a bit on the project, because of the costs and risks associated with putting a full height foundation next to two existing old buildings. He noted Richard Stratton was a prospective tenant or owner __ ~...__u _.. ~ " 0,.)>' - _M. .,.. [' I I I I D I ctLl~ 'I;'S', ~'d " _\irJ.~"Ti , , i ,"'\ I , , \ ,,d , f i" I I I I , i :li,' " . L i , , " , "It " "j ",,&' :.r~~ Ji\UJ ;~1~1 L. y-'._~ , 'L..,.,o. "&\t r )5 " I .. . ":h'l ,\" ~ " . .,..., :;.. Board of Adjustment April 13, 1994 Page 8 of the building. Stratten needs 3000 square feet for his business. Hanick has scaled back the project to a simple two-story building with no basement and no apartments. He stated the project is still risky. Without the parking waiver, the project will be completely infeasible. He said the building will look the same from the street. Haigh asked Hanick why he would want to be involved in a project that had such low returns. Hanick responded there is no guarantee he will go ahead with the project even with the waiver. The plans were tentative. Richard Stratton. 514 E. Fairchild, stated he had been pressing Hanick to go forward with the project. He desires to locate his business near his house on the north side. He did not want to continue to rent space. He was willing to take a risk on the project. Vogelzang noted he received a call from Liz Miller, the president of the Northside Neighborhood Association. He noted she clarified that the Association's prior concerns we.re directed at the need for residential parking. The Association supports the present proposal. BOARD DISCUSSION: Motion: Eckhardt moved to amend V AR93-0003, to waive off-street parking requirements to permit two commercial levels of a two-story structure to be constructed consistent with the facade elevation date-stamped January 25, 1994, for property located in the CB-2 zone at 209 N. Linn Street. Haigh seconded the motion. Eckhardt believed the variance was necessary to revitalize the property. Haigh agreed although he still had concerns about parking in the area. Lehman said the elimination of the residential units alleviate part of the parking problem. Vogelzang commended the applicant for working with the City and taking the steps necessary to upgrade the property. The motion carried 4-0. ZONING ORDINANCE AMENDMENT: 1. Review of amendments to the Zoning Ordinance to permit minor modifications to the ordinance to occur administratively. Rockwell introduced Doug Boothroy, Director of the City Housing and Inspection Services Department, and gave some background on the amendment. 800throy stated Council person Larry 8aker asked if there was something staff could do to relieve the Board of dealing with minor special exceptions. This could save time for City staff and the Board as well as time and money for applicants. Boothroy said other communities, not in Iowa, have provisions for minor modifications to the site review process. He had discussed the minor modifications concept with the City Attorney's office. There are no legal problems. Boothroy explained the amendment allows the 8uilding Official to grant certain specific, minor modifications, such as parking for commercial uses may be reduced up to 10 percent. the height of a wall or fence may be increased up to 25 percent, the height of a building may be increased up to 10 percent, a side yard may be reduced up to two feet, but in no case be less than three feet in width, and other yards may be reduced up to 15 percent of the required setback. - -1 - o qJ" i.~V - .,.. . I 0, q Ib, ;~:~;l:A''';',~ \ \ ~ I I , I , i : ,( , , : i \~ 1 ".>;~' ',~; !\~I" " 1(-""-0 i"l .. . .'t. '\,\:.-, .. , , ". . ::'. Board of Adjustment April 13, 1994 Page 9 Boothroy noted that a lot of the Board's work is the result of the site plan review process, which reveals the need for special exceptions. Boothroy explained the process would involve a notification of all abutting property owners in writing. He noted it would not be mandatory for the official to grant the minor modification. He said the minor modification procedure is a lot like the decisions housing officers make daily in that the decision could be appealed to the Board whether or not the modification was granted. Boothroy suggested the proposed procedure may provide another route in situations which are minor, and make it unnecessary for a citizen to spend money and time going to the Board, when the minor exception is likely to be granted anyway. Eckhardt asked for clarification on an administrative hearing. Boothroy responded this was meeting in some body's office where people have the opportunity to come in and make their point. Boothroy believed a committee would be cumbersome. Eckhardt pointed out the minor modifications ordinance would allow Housing and Inspection Services staff to make decisions normally made by the Board. Vogelzang remarked the proposed ordinance provided an intermediate step. People would still have the opportunity to go to the Board. Boothroy clarified that all decisions by the Building Official could be appealed by applicants and neighbors. Vogelzang suggested this amendment was intended to eliminate some of the obvious cases that come before the Board. Eckhardt thought the language of the amendment should say "individual discretion" rather than "administrative hearing." Bormann stated an administrative hearing is usually associated with one individual making a decision. Boothroy said anyone who has a problem with a decision can appeal it to the Board. Vogelzang thought it was great thing to expedite the process. He said now, applicants must wait around before they get the opportunity to come before the Board. Eckhardt asked whether just the five specified modifications would be included. Boothroy said yes, unless the Board wanted to recommend changes. Vogelzang clarified that the Board could recommend the amendment as a concept. Boothroy asked the Board to consider the percentages in the applicability section. He stated staff did not include residential parking as a minor modification, because it was not a minor issue. He also described how the fence requirement could help prevent situations where a person put up a fence six inches loa high and had to take off those six inches, because he did not want to pay the $275 and appear before the Board. Boothroy said the side yard requirements are based on fire safety considerations and the allowances already provided in the Zoning Ordinance. Rockwell noted there is nothing that mandates the official to approve the minor modifications. The applicants must still meet all the findings detailed on page 2 of the draft. Vogelzang thought it was a very good idea. He said the Board should strongly recommend it to the City Council. Motion: Lehman moved to forward a recommendation to the Planning and Zoning Commission and the City Council recommending in favor of the concept of amending the Zoning Ordinance to permit minor modifications to the ordinance to occur administratively. The motion was seconded by Haigh. The motion carried 4-0. Cl'-', 0),.."..., ~,..~, " ,~- =~'-- - I~ .,.. . o '. I ./5 \ ~D, ';!~~~:j": ":' '.(~" !mli' , ....,..3'.,: .' .,'," , . '..<" .: ',' , ".:~'~\'I / '. '"il' .,.., ,;', '~. ..' ',. " , , .~....;.~..::...:-....:..~-~~.,.'._.._-_...~~"~_.~...,~."....~."._--;':,......:.,,..._,. .~~~~~- .,.. ,,' ,.;' '."", '.;' , :"~'" ..', ' :'_::~j ;': :,:::",.:. .J.'.~,:':';:~',,:.i ~~'~,.:' :,~",:~~'~1":~\~'~' .~~;'i...~,iL~.~.~,J..'"' ''''_':~..M''''~'...~~'~~,~.~...,~ ::. Board of Adjustment April 13, 1994 Page 1 0 BOARD OF ADJUSTMENT INFORMATION: ',' , , !; 1 . Vogelzang noted Bormann has only two meetings left with the Board before she moves to Indiana. Lisa Schweitzer introduced herself to the Board as the new minute taker. ADJOURNMENT: Haigh moved and Lehman seconded the motion to adjourn at 5:50 p.m. Minutes submitted by Lisa A. Schweitzer Rich Vogelzang, Chair ~O~) Board Secretary ~ ppdadminlminslBOA4-13 , ( fi J ~ ; !~:' I,; ~ ! , (('''''' "', 0' , , .'; '" -~--_.~--- r,_g.~ ~' ,."...' ,", ",', f" '", ;,\;; 'i':',;,: . ..,' ql.\~ :',' mm I ,. , 'c.,' 0:' ,..' .J. .' I " ),' ~""""I"""f"~';';.~~._11'UI~.tH:;i O'...,)~'.'-;-. :..:}\",".~//, ,", ',' \, " """-"""" "',:,,,,: , ' ," ',...", :",..":..;:'" .."" ' , '." '.. \', ,; " !,;"''''"'';'''''''Tj,~,.',.,.,,;'''fB, , A";,) ',,'- ::I"LJ;,. '" I"': "\""",,'i,:;' .. ", ' , ';, ~~" " ' ' . ',t\-\( : , '~:.. .' I '.',' '", . ."..;m,;. "l~ 2~:w'1' . " ~, Y i,'" , ..'"...... ~~. " , I .. ," -',. . , ., , ' , ",' , " . . . , , '~...' .,.. , . .... ~ .. :". '.,.j ,~", "C,'_'";,,_:....:..._~':,::~:';_ ".'. , ' , ,--._-;...-'...'._-.........~.,~_.-._~..."-.. , , - ,...._~---_._'.-..,....... Boa~~~;~us+m~f' R.EgLlla.R . meEfnJ~ Arn'1 /3, 1'1'1+ ~30 'P, m. 1)lta.SE. SiS~ IN: 1 , , j I I I ~o.mt~ I. t. ...,c J J. r:!v:u.WU1U" (~.ef;.a:u 'Acld. ~e.S5 \ /~Jg LJI/LI/fi11fA/ 93/ ~effi0(,Iw-A (k((), 9~1 ~JL~ CU4 ~-- ~fd'ot .. I I' 4. !~~ " ic&--.:. . /'-' .../ {,. ":/ .r (-..\ \ \ f.~ r f '30 Fv- :''-'/7 ,;/1 t I=..',J~ 7. s. , ! 9. (, 10, I I , I I ~;~ i I I ,\ . \'~'..;,;: 'oJ, ",J , " ','~,r,~" ~:, !~t 1;~t,J :~~, -1l. .' II. 11. 13. Iii. I 'CO . "~i " ..". .""9,:=,.,-:;",,:.,,'''''''''0'0'''.''2'; r ld ~~;J "",""" , , ~':J.rri. " " " ' <\' ,\ \ ) \0' ,~~-....~ , [ ." c-.\ \l \, ';:;.. ,,,,, .. ,..''(\ ;'1 . r 11; 'I" '~'i ! I I,'!: I' I ,;.t ~ I' III 1'1 " i : I 'I i i I , , , I I k, : I I'. : I" II J\ \< .: \'"'..~~/ ,: IF' 'L~ " \ \ .. , "r' ," \~I..\ , . .,.-:. , -, . 1"..', '__',",..;~,' ::.. MINUTES PLANNING AND ZONING COMMISSION THURSDAY, APRIL 7,1994.7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott, George Starr MEMBERS ABSENT: Pete Cooper STAFF PRESENT: Bormann, Miklo, Moen, Rockwell, Haring RECOMMENDATION TO COUNCIL: Recommend approval, by a 5-0 vote, of VAC93-0006. a City-initiated application to vacate a portion of the Linn Street right~of-way located west of Gilbert Street and north of Benton Street, subject to 11 retention of a utility easement over the parcel determined as necessary by the Public Works Department; 21 approval of a development plan by the Director of Planning and Community Development prior to the sale of the property; 3) establishment of a conservation easement parallel to the top of the bank of Ralston Creek on the adjacent property; and 4) dedication of the portion of private property as shown on Exhibit A. Recommend approval, by a 6-0 vote, to amend Zoning Ordinance Section 36-20(g1l11 of the CB-2 zone to read: Religious institutions may expand without compliance with the off-street parking requirements. CALL TO ORDER: Bovbjerg called the meeting to order at 7:41 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON AGENDA: There was none. DEVELOPMENT ITEM: 1. SUB94-0003. Discussion of an application submitted by James O'Brien for preliminary plat approval of Longfellow Manor, an approximate 7.64 acre, 21 lot residential subdivision located in the RS-8 zone south of Sheridan Avenue and north of the Iowa Interstate Railway. (45-day limitation period waived to: April 21, 19941. Rockwell noted there were several outstanding issues on this subdivision plat, particularly in regard to the sanitary sewer. Staff had recommended a deferral. The applicant had submitted a letter waiving the 45-day limitation period to April 21, 1994. Dierks asked whether there had been any changes in design in regard to Lot 21 having direct access onto Sheridan. Rockwell did not believe so, although the letter Scott received tonight, pertaining to a waiver of the 45-day limitation period, noted negotiation on Lot 21 may be possible. .. ~:- --~~~- ' ~- --- '), "..-,"',.'. ,.0,:.... '1.1, . '.~: ;,' \-d,' '" \" . ,"","',;,J .,.. . . -',," "I"""'" ... ", ')r... ~ ",,) 0', , .I!~~td ;\ "', ,';--.' , ..\ (~'\ .' I \ "\ , 1',:,i,.-,,' : I'" \ '/ 1'1 I I i: I, , ! . i i i I i : I I r ' 'i'. I i I J \l,j [;1/" ) , ~'l~~~~' \~:lflJfi~' , ""~'l' L_.......... {CUo . I',i' .. ,. '~h'l . ".\ '~ , .~, .'." ~ ", . ,-,...;!:".' Planning & Zoning CQmmission April 7, 1994 Page 2 Public Discussion: , .,.. . Helen Marlvs. 752 Oakland Avenue, presented a petition drawn up by Richard Voss, an engineer with the University of Iowa. The petition was circulated door-to-door by herself and Voss to residents of the neighborhood. Marlys had also submitted information requested by the City Engineer as to exactly which houses on the block had experienced sewage backup problems. She sai~ while circulating the petition, she had the opportunity to meet virtually all her neighbors, and almost all voiced concerns I f! about the present sewage situation and the effects the proposed development may have or add to the situation. 'lLf' 1''''''' }~ ., ~ Marlys felt the neighborhood had been treated very poorly over the years by the Planning Department. The fact that the neighborhood was downzoned to RS-8 a number of years ago to allow a greater number of dwelling units was particularly disturbing. Marlys voiced concern about the traffic problems the proposed plat may contribute to the already crowded and narrow streets. She noted additional children may be added to an already crowded Longfellow School. In conclusion, Marlys said when we talk of environmental impact, we often discuss the plant and animal life, but she noted the human animals of the neighborhood are concerned as well. Pat Folsom. 739 Clark Street, questioned what the process was in regard to waivers and deferrals, and whether more Commission meetings would occur before the issue went to Council for consideration. Bovbjerg and Rockwell responded to her questions. In regard to questions from some of the members of the Commission, Rockwell noted she had received the letter of waiver just prior to the meeting. She said a portion of the letter stated, "We are investigating some modification and/or design alternatives, pursuant to the possible elimination of Lot 21 , and the resolution of other issues voiced by staff and the Commission. Also, as of this date, we do not have a definite response to our request to consider the installation of a temporary sanitary sewer lift station versus a gravity line to Rundell Street." Gibson believed the Commission had been well positioned in regard to this project; that the sewer issue will need to be resolved satisfactorily before the Commission will accept the subdivision proposal that has been submitted. He said there should.also be some resolution concerning Lot 21 and other issues that had been raised. Bovbjerg seconded these comments. Richard Rhodes. II. 2014 Rochester Avenue, noted that at previous Commission meetings, he had voiced concerns in regard to the impact of fill on the west side of Ralston Creek, which he felt affected the 1 OO-year floodplain on the east side of the creek. Rhodes presented overhead transparencies depicting the possible effects. He said the base map for his information was obtained from the City Engineer's Office. He asserted it was accurate, as opposed to some of the other information he had seen with regard to this proposal, particularly the City's Zoning Map. ,_.nolLe" _ ,) ," ';;', ',"'" "";.. --- --i '" o , ~o " j]~~i .~~'.. , ( ("':1, \ : 1 I '....;, (,.'1 'r , f" I :>,[ '''I ""'r\WDl ,"'" 'lgl";~' ;:i p~~' t~r' J1itrt, 1,' ", .~:Iot:i -""\.,. '(-0 ~~, 1"'" ItS r j -' . '~t \\i, ~ ',' , " .' ,.::.. '~, Planning & Zoning Commission April 7, 1994 Page 3 Rhodes said the proposal, as presented, would entail an approximate 30% fill of the present 1 OO-year floodplain on the west side of the creek. He believed the fill would also have an impact on the south stormwater retention basin. Rhodes presented another overhead transparency, which showed a horizontal cross-section of the creek and the immediate areas on either side of the creek containing the floodway, near the northern area where the fill would be the thickest. He explained the area to be filled represented over 25 % of the cross-section. Rhodes asked where the displaced water would go. He believed this water would be forced to be spread out farther to the east and the south, and this would likely cause a temporary dam to be formed and back things up. He stated he is not a hydraulic engineer, and does not know the exact magnitude of the effects, but believed when this much land was to be filled, a hydraulic engineer should examine the impacts. Gibson noted the considerable vertical exaggeration in comparison to the horizontal scale on this second overhead. Rhodes agreed, and said this was done for the purpose of display, but the amount of fill had been detailed correctly. Starr asked staff whether a report of the effects of this displacement could be obtained. Rockwell noted Public Works had examined the fill situation for the property, and stated there should not be a negative impact on the properties to the east. She will ascertain from Public Works whether they feel the situation has changed in any way. Gibson asked from a legal perspective, whether the Commission has any latitude within its review and approval authority to deal with the question of filling in floodplains. He asked for a response by the next informal meeting. Rhodes noted the displacement question was examined in regard to the possibility of raising Dubuque Street where a considerably smaller proportion of the Iowa River floodplain was to be filled. He believed having a hydraulic engineer examine this case was warranted. Rhodes had examined the underpass below the Iowa Interstate Railway at the south end of Rundell Street, between Rundell and Dearborn. He found it to be in U rocky shape. U It is approximately 7 feet tall and 12 feet wide. He thought it would make an excellent pedestrian underpass between the neighborhoods on either side of the tracks; that this would assist keeping children off the tracks. He noted there may be some engineering difficulties involved in placing a trail along the railway embankment, bat he believed a trail along the proposed plat and through the tunnel would certainly be a nice amenity for the neighborhood. Bovbjerg stated that some valid legal and planning issues had been raised as a result of Rhode's discussion. Douolas Jones. 816 Park Road, addressed the Commission on behalf of Agudas Achim Synagogue in regard to flood issues. Jones believed the City needs an aggressive program of buying out buildings within the floodway, as these structures obstruct the flow of water and exacerbate flooding problems. He said there are a considerable number of nonconforming buildings within the f100dway obstructing the free flow of the water downstream. This raises a serious threat to property owners along the creek basin. Jones is in charge of property management for Agudas Achim. He said flood levels there were severe enough last summer to raise a trash dumpster and float it across the street. He also noted that immediately downstream from the synagogue ."d'~ - 0..):" - ..-: ' .,.. . 10, ~1~~21 . !;. " " , .. , , ~t\\, '.'( ',' ~ '~'.. .,.. " . . :: " .' ...,. ~....- .-..........:.....-. Planning & Zoning Commission April 7, 1994 Page 4 is an area by the bridge where numerous structures infringe upon the floodway. On top of this, a retaining wall on one side of the creek, which at one time was vertical, is now leaning in at an approximate 500 angle, further obstructing flow. He stressed these points desperately need consideration, in particular the possible removal of housing within the floodway. Jones was asked on behalf of the local Sierra Club to examine the property at the former ADS site. He had examined the property approximately a year ago. He also took part in a cleanup of Ralston Creek in that area, and had the chance to examine the underpass below the railway line. He believed the underpass may possibly be a historic structure, and felt it would make a very interesting pedestrian underpass. He noted Rhodes had neglected to mention a very heavily-used pedestrian crossing behind the church at the intersection of Kirkwood Avenue and Lower Muscatine Avenue. He believed either this crossing should be improved and changed into an official public pedestrian crossing, or the underpass should be developed, because there is a lot of foot traffic crossing these tracks at the present. He stated that Kirkwood Avenue, formerly Wyoming Avenue, continued further east and crossed over the railroad tracks. When this crossing and right-of-way was abandoned by the City, a much needed pedestrian crossing was also abandoned. Jones stated that similar situations have happened in Iowa City. He said we need to be careful not to abandon our pedestrian trails just because they are no longer necessary for vehicular traffic. He believes pedestrian trails are necessary to maintain ties to other neighborhoods. He said what may not be a very difficult drive can turn in to an especially long haul on foot, and people who at one time were neighbors become strangers as a result. He urged the Commission to strongly consider the issue of pedestrian traffic crossing the tracks. Jakobsen noted the City had purchased the property across the street from the synagogue. Jones said he had noticed this and appreciated it. .""..,.., " \' I I \ ' \1 ,,"!\ " "'i-~ , . I"~ I , I I I I , . Francesca Peters. 1409 Sheridan, is the owner of the property along Ralston Creek due east of the proposed subdivision. Peters noted her property line is approximately a foot from where the bank drops off into the creek, about four feet from the foundation of her house. She was very concerned about the existing trees on Mr. O'Brien's property along the bank of the creek. She said these trees act as a natural retention for this bank, and thereby protect her home's foundation from slipping into the creek. This is a major concern. She has attempted to communicate with the developer, but to no avail. She has even attempted through an attorney to purchase the creek bank, but to no avail. She noted that the west side of the bank has already been clearcut. She had been told this embankment was to be seeded to prevent erosion, but to date this had not been done. She noted the developer owns property on the east side of the creek as well and has the potential of cutting down everything on the east side of ' the creek. If this is done, it could be especially harmful to her property. . I ~. II' .\~I ~. ; 0.-:. .', [II' . Peters was also concerned about the proposed sewage line along Sheridan Street. If this happens, she asked what were the chances of this line actually going through her property. Gibson noted, although no less comforting, the sewage line would probably run under a public easement at the front of her property, and this would not actually Cjo-~~~" "H' :. .-.. . --: 0: ,.,);.;..,.'" L _.,:,.:" ,~, \' n is ijO ,'f, ,'\1~01 c I~ , ~ ,~j ;'.,~' , , " tv"""""""' ; 0 " " " ~, ' -' , , "~I' , ",\\" '\ ,,' ',' " ~ "." '.. . <,_.cO' '_,: ,.".'~'~ '.. '..'-..c... _ '.,,",-, ~ ',." ._,_.;~ ' Planning & Zoning Commission April 7, 1994 Page 5 be on her property. Peters noted that having no access to her property would be especially troubling to her and the people along Sheridan Avenue. She has one door and one means of access through the front. She said she is pregnant and is concerned about the baby as well. Peters said this is her husband's and her first property. It was purchased in October, and since that date, the problems that have ensued in regard to the O'Brien development have turned into a living nightmare. She was very concerned that what may result from this development may have detrimental effects on her property and its value. She said this may wipe them out financially, as they are a young couple. Gibson moved to defer action on SUB94-0003, until the April 21, 1994, formal meeting of the Planning and Zoning Commission. Jakobsen seconded. Gibson wanted to stress for the benefit of the relatively large number of neighbors on hand, that the Commission shares concerns that have been raised and is paying attention to the issues in regard to this plat. He said, however, the development will probably legally continue in some form or another. He asserted the plat would not continue any further until the sanitary sewer issue has been resolved to the satisfaction of the Commission and the City Public Works Department. Bovbjerg agreed. Dierks asked for more information about the cause and effect of fill along the creek. Rockwell stated she would try to provide additional information at the next informal meeting. Jakobsen expressed regrets to the neighborhood residents that the issue could not be resolved tonight, but she hoped to see resolution soon. Motion carried on a vote of 5-0. VACATION ITEM: 1. V AC93-0006. Discussion of a City-initiated application to vacate a portion of the Linn Street right-of-way located west of Gilbert Street and north of Benton Street. Miklo stated that staff recommends that this vacation item be approved, subject to a retention of a utility easement over the parcel as determined necessary by the Public Works Department; approval of a development plan by the Director of Planning, prior to the sale of the property: establishment of a conservation easement parallel to and to the top of the bank of Ralston Creek on the adjacent property: and dedication of a portion of the private property adjacent to this property, as shown on Exhibit A. When staff examines the development plans for this property, the curb cuts to this and the adjacent site will be reviewed and the most appropriate and safe location for curb cuts will be chosen. Staff will also examine any retaining walls along Ralston Creek to ensure that these are compatible with the creek itself. Dierks desired assurance that the retaining wall will not end up sloping in towards the creek, as has happened elsewhere, and asked whether there is such technology to ensure this will not happen. Miklo said that at this time, he is not even sure a retaining wall will be necessary in this location. The existing building on the site may continue ,,,, -. .~.. ,o,~).\ - - .,.' . I ,'S , , , I Q I[],: '.' . ?2)m r , { .:\ (~"\ " ' \1 ~~ ( '. I , I" I I I I " i , ! ~, : I\(. , i u <' ''1 ) ~l,,: '''f.''~ 1::\i.\~ ; :;~ ,~I, .Ii "'[01'''' " 't,,~~ .n' ,(--; --..-..------. , , , -' . "t', " ~\!,', ',' ~ " .,.. . . ~ " I' I ! Planning & Zoning Commission April 7, 1994 Page 6 to be used, but this would be looked into closely should a wall be constructed. Dierks asked if a new structure is constructed on the site ten years from now, would there be a possibility to put a restriction on the site plan review to take a retaining wall into consideration. Miklo said that as a condition of the sale, restrictions will be put on the property and the adjacent property, and these will continue with the property. He did not anticipate this coming back before the Planning and Zoning Commission, but instead it would be reviewed through an administrative process. He said that with a building permit application, the site would come up for review. Jakobsen asked what provisions have been taken to ensure that the City receives a fair market value for the property. Bormann said she was not sure the property had been appraised yet, but it would be up to the Council to determine the appropriate value and terms of the sale. Public discussion. John Rummelhart. 204 McLean Street, asked whether an appraisal had been submitted. Miklo stated that the person who is interested in purchasing the property had submitted an appraisal, and staff will be examining these figures when the vacation and disposal of the property is considered by the City Council. Miklo also I stated the vacation of the property and the sale or disposal of the property are , separate issues and can be considered on their own. Rummelhart said the City should D get its money's worth for the property, as the appraised value that he has heard ! previously was ridiculously low, and this may be worth more to all of us as taxpayers. Miklo noted there will be a public hearing at the time of the sale. Starr moved to approve the City-initiated application to vacate a portion of the Linn Street right-of-way located west of Gilbert Street and north of Benton Street, subject to the four conditions listed in the April 7, 1994, staff memorandum. Dierks seconded. Dierks asked for clarification of condition two again, which stated "approval of a development plan by the Director of Planning, prior to the sale of the property." She wondered how this would pertain to redevelopment of the property down the road. Miklo said the issue would not return to the Commission. It would be addressed administratively with a building permit. Bormann said she was not so sure there would be review under "redevelopment" of the site. Miklo said a site plan review is required for developments of 10,000 square feet and larger. Dierks wanted to make sure a site, plan review would be required for this property. She said the specific property may not be constructed upon. An adjacent property may contain the structure and then this property may be used for parking. Bormann said that a limitation on the development of the land may be possible, perhaps for a 20 year time frame. Continuing such limitations after this time may not be possible, due to laws on the alienability of land. Dierks said,'in light of this issue, and the previous discussion on retaining walls, she was very concerned about the effects on water flow. Bormann said if the vacation item was not approved, the site could be developed as the developer sees fit. If the development is under the 10,000 square foot limit, it would ,- <<=t Lf , ..~:'. - - -- - ) I ~O 0 '/5 " ~ , '.~;fj " I .. . Ir" . \~ I" " , ., "'. . . -;,,', Planning & Zoning Commission April 7, 1994 Page 7 not even need a site plan review. Only a buitding permit would be required. Bormann also noted the ability to place restrictions is limited, as the item pertains to the sale of only one small portion of the area. She added this is not a zoning issue. Bormann said she would investigate to what extent the City could place restrictions on the property. Motion carried on a vote of 5-0. ZONING ITEMS: 1. Discussion of proposed amendments to the Zoning Ordinance to establish a Tree Preservation Overlay Zone to protect wooded areas. Bovbjerg noted that a vote up or down would not be taken tonight, but the Commission wished to have public discussion to get a feel for what people think about the proposed ordinance. Rockwell noted the Commission had heard a considerable amount of information on the draft ordinance. She asked the Commission for direction, and noted this is a draft ordinance. Staff anticipated it would go back to the Tree Preservation Committee for further review, revision and tailoring, and incorporate comments heard tonight. Bovbjerg noted for the public record, receipt of a letter from John Hayek, and a letter 0 received from Bruce Glasgow at the April 4, 1994, informal Planning and Zoning Commission meeting. , l .'.i.\ Gibson noted the issue is likely to be forwarded back to the Tree Preservation Committee after tonight's discussion. He said as he is a member of this Committee along with Sally Dierks, they would appreciate guidance as to how the issue should be resolved in regard to the application of this ordinance to the non-developing, private homeowner. I \ David A. Krua. 2570 S. Riverside Drive, said he appreciated the letters from staff about developments on the issue being directed to affected property owners within the proposed zone. His property of approximately four acres is zoned 1-1 and is located on the south side of town, across the street from Protein Blenders, Inc., and Thomas & Betts. The immediate area noted as wooded is approximately nine acres in size. r1 I j' , ~ i I' I I! " , ;,\ 1 Krug requested that this land, which is located within the proposed OTP zone, be removed from the OTP zone so as to facilitate its original intent, that of an industrial zone. He noted the vast majority of trees on the property are what he considers "trash" trees lmulberries, box elders, cottonwoodsl. Although he acknowledged some trees have more desirability than others, he did not deny the utility of most of the trees on his property for habitat and the enhancement of environmental quality. He requested that the ordinance state the specific types of trees to be saved; that some types of trees are more desirable than others. He hoped the ordinance would allow the removal of some of these less desirable trees at some future date, without all the restrictions there appeared to be in the draft. "";(~,, '~, , ~'i ::,'';j ',' ,\ L, 't~~~ _.~ - _' -. -. 0,) ,,~, Ii S ~[l ..~- T ~:.s' ,I.. " [ , (:}l ',\ \ ~ I" I i : I : I , I . , i ~: II' i I J \~";", ,'\----- , , ,,!), . "'I.~.'\ ,;, 'j. ,. ,( \~ ~,:.llit,:t\"., ~!i~~~ I , ...... '?- :L~ \' i ", " .. . "t' '"',\1,', "'~' ~ . , '.- ,,"::~". ,..,:~ -.:, ..,. . .",.',;.._..l,,'..,- Planning & Zoning Commission April 7, 1994 Page 8 ''-1, I 15 When staff was asked how he received these letters, Rockwell stated letters were , mailed to the 95 property owners whose properties were located within the proposed OTP zone. Dierks advised Krug that at the April 4 informal Planning and Zoning Commission meeting, the possibility of rephotographing wooded areas, which may have been impacted by the flooding of 1993, was discussed. She said the percentage of live trees within these areas may have changed since the aerial photographs were taken in 1992. Krug appreciated this and submitted a letter for the record as well. Willa Dickens. 109 Green Mountain. felt he was in an adversarial position, as he would like to cut down more trees than the ordinance will allow. But as soon as cutting down trees is mentioned, numerous people appear to be offended. He stated he, too, cares for trees. He has planted more than 500 trees in his life. Dickens presented a list of questions and statements as follows: 1) Do we need this ordinance? He felt really good, serious thought should be placed on this. 2) In section 36-31, the intent should also state, "The intent of the OTP zone is to take property owners' rights away without compensation through the use of excessive controls." 3) If these areas are to have trees, and the City thinks it so important to retain these trees, why would you pay the property owner to replant trees outside the area or pay into a fund for trees? The owner is being punished for tree removal on his own property. 4} The ordinance should clearly specify what the present property owner can do in regard to trees, until such time as the property may be developed. 5} The ordinance should spell out protections for the property owner in the case of disease, natural disasters, excess rains, and damage from animals to trees. 6) Reduce the 60% figure to 50% to make the plan more workable in the zones where these figures apply. Other zones are only required to save 20-30%, yet the private property owner or land that is to be developed must save 60%. This does not seem to make sense if the trees are so important. 7) Allow 10% of significant trees, as defined, to be removed at no penalty, if it is necessary to develop the land. Adding three more trees to a possibly overpopulated tree area does not seem fair to the property owner. 8} Scrub or volunteer trees should be allowed to be thinned by the property owner. 9} Nuisance trees, such as box elders, silver maples, tree of heaven, etc. should be excluded from the ordinance. 10) Dickens said at the present time on his property, many trees were approaching the 3 inch or 8 inch diameter size. If these trees are allowed to grow.. as he has done for the last 35 years -- it will become a logistical nightmare in that the number of trees that will need to be replaced will continue to escalate in the next 3 to 5 years. He said not to forget that trees are a renewable resource; trees can be cut down, and trees can be replaced. He stated if in truth there is concern about saving wooded ravines, steep slopes and wetlands, address these issues specifically if they are not already part of the present regulations. He thought many of them already were. A drive through Iowa City shows that, as soon as an individual takes homeownership, the number of trees drastically increases. 11} Section 36-34(e) is open to debate on its practicality. He. cited Item 7, in particular, which he said prohibits cutting down a tree if it reduces sound or wind level. Dickens said all trees do this. 12} Section 36-40 may be very difficult to implement, to protect trees from diseases or animals, especially deer. He said we know this town already has a deer problem. 13) Concerning Section 36-42, Dickens thought it would be very difficult for ",...... . -, ~. 0'"),,..,:....,.'.'.,... ,.;". ,'. - - .,.. . ~ d, " J'~ , ( .'.:;: \ , ~ I' I I I , I k j I' , I I ~,~. '~ "I r11, 'L L :;'" 0 " i -' . .~?: \' , ,,' 1 '...,. .,.. . . , , , .....:.--",.;." ' Planning & Zoning Commission April 7, 1994 Page 9 the Board of Adjustment to interpret the ordinance. He believed it could be worded better, should the ordinance be adopted. Dickens then read a prepared statement, submitted by his sister and himself. John Kammermever. 116 Ferson, said he had not looked over the proposal in detail, but wished to refer to the property that David Krug had spoken about earlier, at 2570 S. Riverside Drive. He mentioned he has some personal interest in this property and area. He stated that the tract of land in question is a small plat, about nine acres in size, and contains two subdivisions with homes, surrounded by a large amount of industrially-zoned land that is not included in the proposed overlay zone. He noted there are some nearby properties that contain groves of trees of the same size and makeup as the groves on the Krug property, but these are not included in the OTP zone. It would appear to him that the request by Krug to remove his property from the overlay should be granted. Kammermeyer said the majority of the properties under the overlay contain large tracts of growth that are zoned for residential development, or are in an interim zone. He believed the 60% retention rate to be too high; it should be reduced. He also stated there is only one other industrially-zoned property, and two commercially-zoned properties under the overlay. He believed there were already regulations in place within these zones in regard to tree planting. He tnought a lot of future problems could be resolved if these three properties and the Krug property were removed from the overlay zone. o Harvev Wade. 2408 Whisoerinq Prairie, stated the ordinance concerns a lot of home- owners and general contractors, as well as anyone who may be interested in doing business in town. He did not find anything in the ordinance that pertained to grade or quality of trees. He believed there are certain trees that are junk trees, such as the elm, locust, hackberry, and mulberry, which really do no one any good. He did not see any reason why they could not be excluded from the ordinance. He saw value in oaks, walnuts and maples, and recommended allowing junk trees to be removed to let quality trees existing there to survive. Wade wondered how retroactive the ordinance might be. He said there are occasions where cutting down trees may be good, as in cases of cutting old timber to allow new growth. He believed the retention percentages should be lowered, and the junk trees needed to be identified and excluded from these percentages. " Mr. Wade stated we are all tree conscious and have common sense; no one wants to wipe out all areas of growth. He believed the City should not be judgmental, or believe it knows what is best for the entire community. He would not like to see another pesticide ordinance situation occur. Everything should be looked at carefully, and in terms of what is fair for all, before any further action is taken. Bruce Glasqow, 834 N. Johnson Street, noted he had missed the April 4 Planning and Zoning Commission meeting, because he had planted 100 trees and was too tired to come down. He had planted an additional 60 today. He had been doing this for 20 ,1.\, -......- : ' ~,I __ ~~_" O. ), ~) s ,~d. \ ~ I I I" I I , .'~ . . ., " , '.. . "~I '\\i.,', , ~'T' .,.. . . <;,:.,..~,::..',.," Planning & Zoning Commission April 7, 1994 Page 10 years. He receives' 500 trees every year, and makes these available to anyone who would like to have one. He asked whether the Commission thought he would do this next year if there was an ordinance? He said, "No way, not in Iowa City." He would do it two miles and one foot beyond the City limits in Johnson County. Glasgow asked what the ordinance was needed for in the first place. There are more trees in Iowa City today than there were twenty years ago. He had developed 150- 200 acres between First Avenue and Scott Boulevard. When this land was purchased, there were three trees where the hogs were and a few scrub trees along Ralston Creek. He said today, in an aerial view of Court Hill, it is difficult to find a roof. He said this happened, because the federal government would not loan money unless two trees were put in the front yard, and then four or five more trees were added to the back yards. "That is how we got the trees we have in this town, not by saying you need to save what already exists." Glasgow recommended sending the entire proposal back to Council saying that it won't work. Glasgow said he used to be very concerned about the disruptions to trees and roots that construction and pipe laying caused, but now he is developing an apathetic attitude. He said the damn ordinance is not needed, because there is nothing wrong. Ordinances should be made only if a problem exists that needs fixing. Glasgow said he will have a tree mover assist him this coming week in moving every oak tree within I his newest subdivision that is a foot and a half to two feet wide to the back yard lines Q of his developments. He does not know whether he will continue this activity after this year, however. Glasgow said discrimination within the ordinance should be looked at carefully. He said it would not hold up in court. Glasgow said the City attitude needs to be re- examined. On the one hand, he was told he could not plant trees in the sewer easement, and then for another 15 feet beyond this for utility lines. He was left with virtually no space to fit the trees he wants to put in. Then, the City places requirements for how many trees must remain on a property. Where would they all fit in? Douqlas Jones. 816 Park Road, lives across the street from one of the green patches on the map, and he would not object if his house was in one of the green patches. He said thank you for bringing up the issue. He had served on the Riverfront and Natural Areas Commission back in the initial days of the issue, and there was discussion then as to what type of ordinance might work. He said all the work was very preliminary and it was difficult to get discussion on it at all, but he appreciated all the discussion and interest presently taking place. Secondly, he said the City has a very good theory that it is working on, and to whom this theory should apply; that is, if a person buys a house surrounded by trees, they are typically committed to living with the trees for a long time. The large tracts of property on the edge of the City are tracts that are going to be owned by private homeowners over the next few years, maybe even decades. Much of this was agricultural land a few years ago and is now owned by a relatively few property owners, who do not hold this land with the intent to live on it, but rather are people who are controlling the futures of many people in this town. . o o _..,...~.. ,'. . . " 'tt, ", ;" \,; .. I /.S "~"tj. { ..... J'iU.i~.l '., .' " ~-.. " .\ c-'~ \ ( \ I " I I I I I I ~ I I ;, I I ! ,i I i ~, i I!' ! il! i ~.." ... ,,' . i 'C,' 0 .~ . ., \"', .' . '-~t i I '\" , ,\,.. .....' ",' ~ " .,.. . . " ,......,'- ...~',-,'~,~" . ,. -._..__~.~,~ :'-"_~'~U.'.".' '__.. . ,. ..... '. ," ,.~~ Planning & Zoning Commission April 7, 1994 Page 11 These people do not have to face the consequences of their actions in any large scale way. Therefore, Jones felt it is incumbent on the City to regulate the outcome. Furthermore, Jones believed the City needed to look at trees for their long-term value. He cited Swiss law as establishing trees as town property, not property of the individual. This relates to the Swiss tradition of liberty and private property ownership that dates back much farther than ours. And in Britain, trees are Crown property, which dates back to the need for trees as masts on ships. Nonetheless, the tradition of liberty and private property ownership does not necessarily contradict the idea that the local government has good reason for wanting to control the disposition of trees. Jones believed, however, the draft needed to be sent back for some serious reconsideration. Jones felt the discussion of trash trees to be very relevant. He said if you were to examine a map of Iowa City prior to development, there were virtually no trees, except along the river and creek beds, and along embankments. Today, if the average upland woods are examined, there are hundreds of trees per acre, with a few hardwoods being crowded out by young, vigorous box elders, and no regrowth of the bur oaks and savannah trees that are native to the area. If the most costly properties in this town are examined, you see neighborhoods dominated by five or ten bur oaks per acre. These are the trees that desperately need preservation and should be singled out for preservation. There are now too many box elders in the 8, 10 and 12 foot range that need to be cut down to create neighborhoods like Manville Heights with a better class of trees. Lastly, Jones recommended planting replacement trees now for the large, older monarch trees. He said it was important to keep trash trees from consuming the light. Good forestry needs to be encouraged, and good urban forestry requires attention to what species are being planted. He believed approaches that say retaining such and such percentage of whatever is there, no matter how undesirable this may be, is not the solution. Jones said good trees can add a significant amount to the value of a property, and the bad trees should be cut down, if desired. Dianne Kaufman. 738 Dearborn Street, said in regard to people who had spoken earlier and questioned the necessity for this ordinance, she had two short stories. The former ADS property site once contained junk trees. Although these were not mighty oaks, they were habitat to a lot of songbirds in the neighborhood. These trees are all gone now, and so are the birds. Longfellow School is planning a bird habitat, because there is a recognized need for more trees as a result of the tree losses that have occurred in Iowa City. The children are dedicated to raising money to plant trees and bring the songbirds back. Secondly, Kaufman noted that a few years ago in the area known as Bluffwood, she was walking by the property at the end of a day when the bulldozers had just been shut down. She noticed birds and deer in the area that were disoriented from having lost their "homes." Kaufman understood the pressure that the Commission faces from developers on these issues, but she wanted to emphasize there are a lot of people, who ill] concerned about trees and preservation. They recognize trees are not only important for aesthetics for humans. , '\~~ ~-, ,.... , _oL ),,','....'., , ,:~." .' .:t:':'. : : ,AD"'!,' U, '" o , , r l:) " .' ./<~,I ,\ m,,~'\l, ;. I " ..~tw.., ,\, .. .. . , -, . " . :~ '. ,."-..;,'..,..-......"....,,...,0-.,. .'.. .."--',,....- ,- ',I Planning & Zoning Commission April 7, 1994 Page 1 2 Kaufman concluded a balance between those who wish to make a profit from the land and those who wish to preserve the environment needs to be struck. She said if anything, the ordinance let people off too easily. She believed the 60% retention to be adequate, but that 20% or 30% in other areas was too low. Although there is a requirement to replace large trees with 2 or 3 saplings, this does not really speak for what it means to have mature trees and habitat disturbed; taking out large trees and replacing only with saplings upsets the ecology of the environment for years and years. Charles Ruppert. 1406 N. Dodqe, has resided on his property for 56 years. He has been planting trees on the property since the 1930s, and what was once mostly shrubs is now overgrown with trees. He has been transplanting trees all his life to areas in which they may thrive better. Ruppert claimed this ordinance would be beneficial to the City and the lawyers, because it was too confusing for the average property owner. The City could come by anytime and cite a person for having done something that does not meet ordinance. He says the draft is a mess, and if this type of thing is carried much further, there will only be trees and trails in the City. Ruppert said the private property owner should be excluded from the ordinance. Scott arrived at the meeting and chaired the meeting from this point forward. ..~... I, l c~\ .. , \: ~ , f ~ , I' Robert Wacha I asked for permission to speak. Although he was formerly a member of the Riverfront and Natural Areas Commission, he does not live in Iowa City. He said at one time, there was an ad-hoc committee looking into a number of environmental issues in Iowa City, including vistas. He said the Committee had obtained information from the Department of Planning regarding the size of trees, desirable trees, etc. He believed then and does now tl:1at some distinction between more and less valuable trees needs to be made. " Wachal noted nothing had been said so far as to why we need a tree ordinance. Beyond aesthetic reasons, these reasons fall into basically two categories: air quality and water quality. Trees are a major source of filtering out air pollution and keeping the quality of air high. At a time when the demand for the automobile is so high, trees cut down the amount of pollution these put in the environment. In the case of water retention, if more trees were in place, there would be less erosion. Further, the trees and roots, themselves, contribute a great deal to cleaning up the water, before it goes through the watershed and downstream. Wachal thought there was strong public interest for air and water quality, and that was why we needed a tree ordinance. In this regard, the lowliest box elder does the same in cleaning up the environment that the mighty oaks do. i I ~ i I I ! I ~:, I ! I t",1 ~ ". f~~-' " ~'~';' ,~~, \!~1: ' fPtf.,:',"', " ,~'r>ol\ .-' Larrv Schnittier. 1917 S. Gilbert Street, did not wish to address the verbiage of the ordinance, but rather wished to see the map detailing the OTP zone more accurately outline where the trees are. As it is presently prepared, if there is a patch of trees on a large tract of ground, the whole tract is shaded rather than indicating where the trees are actually located. ,~, (?"--' . ~;\_ 0 ., ----~._--~--~ o ""J: . \ .- .,.. . ,\ " " I I i ')' .. , " I:) I ~[j, . ' .' /}:.:.&:.~2t ..'.~~, , f \ .'\ 1-'1 \, \ \', " I ,...\ i I I :~~. ;w~~' .~ ~ ~ "t 1'1'" ;. "*t'" i.oi%l~i, l<l~""~: L_-~. C'-- : 0 ", -,--~- \. , .> . '~t\.\f,' , I .. , ". . .,..\:-;;'. Planning & Zoning Commission April 7, 1994 Page 13 Steve Kohli. 3129 N. Dubuque Street, does not own property in Iowa City, but is a general contractor and would be affected. He was concerned about the issue of private property and private property rights. Kohli noted he had a problem with the definition of "community assets." He felt community assets would mean the large majestic oaks that once grew along Clinton Street in front of the new Business School. Gibson stated for the record these were not oaks; th~y were ash or soft maple trees. The point is, Kohli said, these were community assets that were torn out. Kohli also noted some trees in College Park that were removed, and would personally have defined these as community assets that were on public property, Kohli related a story about a neighboring property owner. When he purchased the property, it was so full of trees that building on it was nearly impossible. However, the owner proceeded to remove approximately two-thirds of the trees. Although this dismayed Kohli, it was the property owner's right. Kohli found the intent of the ordinance understandable, but did not believe it would do what it was intended to do. He believed it would raise the cost of housing, and some kind of inspection service would be needed. The overriding issue should be, who owns the property, and "if it ain't fixed, don't break it." Richard Rhodes. II. 2014 Rochester Ave, agreed with the concept, as it may take 200- 300 years for desirable trees to reach significant stature. He did not wish to consider trash trees in the ordinance. Rhodes also believed, however, that it is the right of each and every property owner to cut down one of these significant trees should they see fit. He had also taken the time to ~xamine the Iowa City recommended tree list and was disturbed to find that it did not include bur oaks, probably one of the most common trees in pre-settlement times in the area. Even though a bur oak may take some time to grow, this should be corrected so that we can have sufficient samples of the tree that shaded our ancestors. Public discussion closed. Bovbjerg moved to refer the Tree Preservation Overlay Zone to the Tree Preservation Committee, consisting of Gibson and Dierks from the Planning and Zoning Commission, and two members of the Riverfront and Natural Areas Commission, for revisions based on discussion from the April 4, 1994. work session, tonight's public discussion, and the special meeting of March 28, 1994. Starr seconded. Starr requested a clarification of the definition of cluster development. Rockwell said this means the standard lot size and subdivision layout are not required; that houses or development can be clustered or grouped closer together. She said this allows development to occur, yet protects sensitive areas on the property at the same time. Starr then asked if a tree survey would be required of any owner of property of 10,000 square feet in size or larger. Rockwell answered although it is not made clear in the ordinance now. it was the Committee's intent that the ordinance would require a survey only should development occur. Starr noted he would like to have in the public record, in regard to trimming and pruning, that he, as well as other property owners, hope they would not need to obtain a permit when they want to trim their trees. On 'It, .-' ~ -=~ 0,,, ) "",'::, - .,.. . I )f.. ,oj, ~) ~d, 21Y.LWil , f .." -..\ (\ 1 \, ~ , i~ I' i" I r:" I '.. " . 'I c~l,') \'\-- '. J \I~'~~:' :q,,";;" :'1 f, i~'l '~r :'t~ ("',.-- \ 0 ,tt, , I'..' i5 \ \' I .. . '" "\\1,. ". " '.... , ". ,...','. ~,.:,J . ,'-. ., ~'.' - <>. ""...., '''''. ' Planning & Zoning Commission April 7, 1994 ' Page 14 lots of 10,000 square feet or more, would a permit be required to trim or prune? Rockwell said no. Starr asked, what about the removal of one or two trees if they fall under the definition of a significant tree? Rockwell said that there will need to be a revision of the draft ordinance to make more clear that some cutting of trees will occur. Tree management will be allowed. The ordinance will need to be revised to eliminate the possibility of clear cutting. Scott noted that from here, if the motion passes, the ordinance will return to the Tree Preservation Committee to fast track work on the next draft. He observed with the work loads this Commission and other people have, a new draft or discussion is not likely to be cOl)sidered by the Commission again until late Mayor early June. Motion carried on a vote of 6-0. Chair called for a five minute recess at 9:40 p.m. Meeting reconvened at 9:50 p.m. ZONING ITEMS: 1. REZ94-0004. Discussion of an application submitted by Joni Kinsey to rezone properties generally located on both sides of Church Street between Dubuque Street and Dodge Street from RM-12 to RNC-12. Rockwell stated the application was submitted due to concern about redevelopment in the area. She said staff's research indicates that 71 % of the properties along this portion of Church Street are single-family homes or duplexes. Most of the multi-family structures were originally built as single-family homes and were later converted to multi-family dwellings. The general character of the area is single-family residential and duplex. She said the area also contained a group home, a national fraternity office and four rooming houses. Regarding RM-12 zoning, there is concern that it encourages redevelopment through an aggregation of two or more lots to achieve the 8,175 square feet minimum lot area requirement for multi-family structures, and thereby maximize density. This leads to the removal of the existing housing stock in the area. Staff recommended that the RNC-12, Neighborhood Conservation Residential zone, be considered for this area. The applicant originally requested RS-8 zoning, but now concurs with the proposed RNC-12 zoning. This zone was used for similar reasons in the Jefferson Street and Market Street areas. It contains special provisions that allow existing multi-family residences and rooming houses that do not exceed the RNC-12 density, to continul} as conforming uses within the zone. Rezoning to RNC-12 will contribute to the goal of stabilizing the character of the neighborhood, without creating additional nonconformities. It also conforms to the Comprehensive Plan text which notes that previous downzoning efforts were intended to reduce the incentive to -:-_'Ii - R"" '0."),<'" , " ," ,'",..' ,,,,' .- ",,' ~OO,.., .,.. . ~o, :I'lJEi " , f , .,\ (~'\ , \ \ ' \' f~ ,:_(" , I ,., i I I ! , , (, : !'''. I '\..( ; '~ , WI ) \i~iI'J~' ;',,' ,~'iI-, t'r'{ ;'1 ~~:r,! ~ (~-o ~'i' I is . \' j .. . , ~r: I .\'. ',' , '.... .,:', ,:,.,~, '! Planning & Zoning Commission April 7, 1994 Page 15 replace older dwellings with new multiple dwelling structures. The proposed RNC-12 zone would promote the achievement of this goal. Public discussion. Joni Kinsev. 423 Church Street, applicant, noted that in addition to the letters already received by the Commission, she was submitting a petition with 31 signatures and additional letters. Kinsey said she is a professor of American Art & Art History. In her courses, she includes a great deal about the preservation of historic properties throughout the United States. She has devoted a good deal of her career to an interest in historic issues. She is on the Board of Friends of Historic Preservation. She is here tonight, though, as a resident, property owner and committed resident of Church Street. She purchased her property three years ago, and although it was affordable and needed work, it had character, as opposed to what she could have bought in a new development. She wanted to be part of a neighborhood that had front porches and sidewalks, and where people knew and talked to one another across their yards. She knows her neighbors appreciate the same. She initiated the application as a result of what she sees as the destructive influences of apartment buildings. These are destructive on the visual character of the street as well as the historical community of neighbors that is so much a part of Church Street and the North Side. She has met a lot of her neighbors in the process, and although some may be too shy to speak, many were present tonight. One is Marianne Gaffney, a forty year resident of Church Street, and another is Josephine Cerney, who has lived in her house on Church Street all eighty-four years of her life. It is still the best kept house on the street. The property to one side of Ms. Cerney is a monstrosity and was basically illegally developed as a duplex, although it is by no means a duplex. Apartment residents are often not good neighbors; apartment owners can be, but not usually. Apartment residents are not long-term residents and do not put the care into preservation of the neighborhood that owners do. They create a lot of noise, They have a lot of cars, and produce a lot of trash. This puts havoc on the quality of what is ideally a neighborhood. In response to comments she had heard about the neighborhood being old and dying, Kinsey' said it is not. She moved in only three years ago and that many other young people are moving in, and in some instances, investing a lot of money to preserve not only their residence, but the quality of the neighborhood as well. Under the present zoning, the danger is that a developer can come in and buy more than one adjoining property and build to the square footage limit allowed. This essentially, fundamentally and ultimately, will destroy the street as a community and a neighborhood with a history. This will be harmful not only to the neighborhood, but the community as a whole. Paula Brandt. 824 N. Gilbert Street, said she strongly supports the application. Brandt said one of the things that makes the neighborhood such a great place to live is its mix of people, everything from babies, to university students, faculty and staff, and elderly , ~ . ftl!I .~ .. -.. = - - "J , 0 ___m__~___ .,.. . I) I I I ,1[1 .~'i::.~r;;it..j f;, ' j'J' ? , ( .;\ (-. , \ \ ,,h!l '/4~""" I " I " " ; : I i If ! !'. I i I '( 0.,.;;J ., ,,:I ,,{ ,)e,t!i~., i;~r; "/i\ , ([,~,' ..-- : 0 , , ., ,1"1 -' . "t . \. \ !,'~ , . . , .~~, .,.. . . :~ ' Planning & Zoning Commission April 7, 1994 Page 16 people who have lived there for most or even all of their lives. Secondly, the old houses contribute to the quality of the neighborhood. Brandt said a house can have a lot of flexibility as to what its exact use may be (e.g., owner occupied family housing, duplex, rental property, etc.), but if the house is torn down and an apartment building replaces it -- particularly apartment buildings without front doors that can't promote neighborliness as front porches and stoops do -- then the character and mix of the neighborhood starts to change. People who want to live in a neighborhood of older housing will no longer view this as an attractive place to live. The people who live here enjoy the history, the architecture and the diversity of the neighborhood. She urged preservation of the area. Pat Eckhardt. 514 N. Linn Street, said her property lies just below the line of the proposed application. She requested that the RNC-12 zone be extended to include her street. She said she is strongly in support of the zone and issues raised. Marci Lindsav. 613 N. Van Buren Street, said she lives within the zone in a single- family house on North Van Buren Street. She thinks these homes, like the trees, merit preservation, as they are an important asset to the community. She said there is an apartment complex built on Church Street around the corner from her. She said this complex towers over her property, it took away most of their privacy, trees were cut down, and property values have probably declined as a result. CD John Cress. 624 N. Linn Street, said he owns the property in this location and is opposed to the rezoning, because his property is an older house that was converted into an apartment that has seven units in it. He has good tenants, the place is clean, and all his tenants have been there for over three years, which shows they enjoy the neighborhood as well. He does not believe this much regulation is necessary. If the building burned down, all he would be able to rebuild would be a duplex. Scott stated that the RNC-12 zone would allow all existing property to be rebuilt, so long as it is constructed on the same foundation. Dierks added, this would be correct so long as the structure was in compliance with zoning prior to its burning, as long as it is a conforming use. Cress said he feels the public is regulated by the City so much already to conform with the housing code and such. He does not see the need for additional regulation. He feels that apartments seem to be acceptable everywhere else, and that before a person can become a property owner, they must live in an apartment. Janice Quinn. 324 Church Street, said she has been a resident of this address for twenty years. Her house has an apartment building located behind it. Students throw their beer cans down on her property when they have their parties. There are apartments across the street from her in which parties are held, and it makes it difficult to sleep when these parties are in progress. This is especially troubling on the nights they do not wish to run the air conditioning and want to leave the windows open. She said she cares about what occurs in the' neighborhood and hopes the application goes through. ,~, I~...J _~ Jl J -'I' _u_ ) 0', " "'<.,..:.: :: ~15 1 tj, " ~iri'" ,/~. 1 c-'\ \1 \, ~ ,~ ~r I" I i i , I . I , ' . , I ~, ! " ~ i I ~J1l..) \,...~' !if ,d'l :.~~r~~~:,', .'.' ~ . ~ --' ,0 , " I .. '. "r' '.,\,\':, " . ..' I , """", .,.. . . , . ..., ,.'", . -.,-,..,-.,'-....,.-..,-'..,'" , . , ' .."...,'-,....._..~..... Planning & Zoning Commission April 7, 1994 Page 17 Catherine Schneider, 317 Church Street, said she is a fifteen year property owner and wanted to note she is in agreement with the comments of Janice Quinn. Liz Miller. 714 Ronalds Street, said she is President of the Northside Neighborhood Association and supports the application. She stated that the proposed rezoning is not something that has occurred suddenly, but that there have been complaints and concern on the part of the neighborhood for some time. Steohanie Green, 228 E. Church Street, said impressions of Church Street are that of a community that exists at three different levels: 1) an architectural community; 2) a neighborhood community; 31 a family, or its semblance, community. She is a graduate student at the university who lives in one of the rooming houses with several other women, and that they live together very much as a family. She believed apartment buildings are basically "ghetto units" for students and would destroy the integrity of community at all three levels on Church Street. The apartment buildings generally built for students are eyesores. There is virtually no architectural interest in them. Second, they are basically transient places; they are easily built and easily destroyed. She did not believe the tenants, nor the property owners, have a great deal of pride in their residences. Green made reference to Kinsey's comment that apartment dwellers do not provide an attitude of neighborliness. She said these buildings are generally so flimsy that virtually everything that is occurring can be heard. Numerous doors within these buildings make it difficult to get to know your neighbors and develop caring for the neighborhood. These units are not conducive to raising a family. Green said she heard a comment directly from the individual interested in constructing a building in the 400 block of Church Street that he was not interested in becoming a good neighbor. If he is not interested in being a good neighbor, she asserted, then he will convey this to his tenants and through the structure that he will construct. Green has a landlady who is very conscientious of her property and about who she chooses to live within it. She urged the preservation of the integrity of Church Street as it encompasses the levels of community she outlined earlier, as well as having personal spiritual qualities. Gibson moved to defer REZ94-0004, to the formal meeting of the Planning and Zoning Commission on April 21, 1994. Bovbjerg seconded. Scott noted that presently conforming structures in the RM-12 zone would continue as conforming in the RNC-12 zone, but non-conforming uses in the present RM-12 " zone would continue as legal, non-conforming uses in the RNC-12 zone. If non- conforming uses were to somehow be destroyed, they would not be allowed to be rebuilt, however. , Dierks felt the zone would accurately accomplish what the neighbors intended to happen, as stated in the intent of the application. Scott noted that this neighborhood has a long history of attempts to control the housing stock and density of the neighborhood. When most of the north end was rezoned, in conjunction with the 'If, 1""": fO"', I~ ~ ':--'~ -- "-,r..".',".'"" ' 0, .,",)",',,~..,.." ~ ,.,:....,:: :',", , ,~ " lill'J."l. ,r, ;..~ I . (.,-,....~ ..\ (;"\ ,\ I ,\ I,".....r<," I, \ ! ! : I" I I : I j II I , " , , tl.~ "~) ;.,1 " ... i .. , "t' ;,-,I,d" , .".... " ,~, '.,'-,' , ......" .' ", . , '., ..., ". ~.\~' ,. :,,;..:,.',~ ,.'....::. t., \"L.'~'."~'~~_.:u~.,... . ',' ...__.w_~~"._,_,.,., . .,.. , , " ,....,',-'..' .",..,- .'-" ,..'...-..",.. '..~...... ~._.,~:.._--~---..---_.. . Planning & Zoning Commission April 7, 1994 Page 18 overall rezoning of the City in 1983, Scott remembered emotional discussion from north end residents in particular. The RM-12 zone was the decision the Commission came down in support of at that time, because it would allow the conversion of existing housing stock to duplexes and multiple-family uses. The attempt was to maintain the housing stock, yet allow conversions to take place. Scott, Jakobsen and Council member Baker were on the Commission in 1983, and at the time supported this endeavor wholeheartedly. Scott noted this was prior to the first RNC zone on College Street in the mid-1980s, and that had the RNC zone been an option then, he would have supported it. In the present, the RNC.12 zone would be the correct application for the area as it promotes what the Commission and the neighborhood are trying to accomplish. In regards to the perception that the City overregulates, Scott believed part of this conclusion resulted from the frustration that many people feel when they find that the regulations are not enforced by the responsible enforcement agency. If you are to walk the streets of the neighborhoods that voice the strongest verbal objections to intrusions of continued apartment building, it is not necessarily the problems of different housing styles, but the introduction of the problems that come with them in terms of loud parties, illegal parking, garbage strewn in the street, etc. This is partly a result of the agencies that are responsible for enforcement not enforcing. These types of things bring people down in support of a change and greater restrictions. Scott noted that, although this is not the only reason, he will support the rezoning, because of problems with enforcing the current regulations. He said the issue will be discussed at the informal meeting on April 18, 1994, and will be on the agenda of the formal Planning and Zoning Commission meeting on April 21', 1994. The motion carried on a vote of 6.0. 2. Discussion of proposed amendments to the Zoning Ordinance to revise Sections 36- 20.5 and 36-58, Central Business Support ICB-5) zone parking requirements. Miklo noted that as discussed at the informal meeting on Monday, Council has directed staff to prepare ordinance amendments to institute parking requirements for non- residential parking in the CB-5 zone. Council has scheduled a public hearing on the item for April 12, 1994. He said if the Commission defers this item to April 21, 1994, the City Council's public hearing will also need to be deferred. Miklo distributed a copy of a revised draft of the proposed CB-5 parking requirements, and noted the only change was that hotels were removed from the residential category and put into commercial. Scott noted that Commission will likely be voting to defer the issue until April 21, 1994. Public discussion: ,'-', ,Co . \ .~, - ",0 ~i)i' , ......."..__....M".',_'.,p.o". r" '}5 ., "',1' "',i,' .. 0' , ' /' " ",,! '" ,\ '?Z~ " I II , I ! :, I , ' I ' 'i I I b I I' . :' I i ( ; ;;",..,. iii'" ,,:- ~ ,,(~.' 0 .' .. , . '" ',~L!, , '\" '. " ',' .. . , ", . :,' " . ..__ __,~..,..'.> _, ,_' ." ,_',L.'.. '. .. Planning & Zoning Commission April 7, 1994 Page 19 Wilfreda Hieronvmus. 3322 Muscatine Avenue, said she may have made a mistake years ago getting into urban renewal and trying to preserve the downtown. Since that time she has urged the City to reserve the area south of downtown, because this is the only direction where further development of the downtown can occur. She said the City finally responded by making a CB-5 zone, however small this may be. To discourage the construction of apartments in this zone, a parking impact fee was instituted, such that so many spots per apartment were to be provided on site or in a public parking ramp. Hieronymus pointed out that a public parking ramp has not been built. To encourage commercial development, parking impact fees were not required for commercial uses. Now Council has discussed requiring a parking space for every 900 square feet of a commercial structure. Hieronymus said, to put this into perspective, the building she proposes to build is 90,000 square feet. This would require some 100 parking spaces on site, or made available elsewhere. This parking area would be approximately one-quarter the size of the Chauncey Swan Plaza. If she is required to put this much parking in, this will not allow the density of commercial space that is needed in downtown Iowa City. As a result, people are forced to pay exorbitant rents, because they have no place else to go, unless they want to go to the perimeter. Hieronymus said if the impact fee is instituted, there will not be the type' of building she proposed as it simply would not be affordable. There is very limited space in this area and it should not be used for parking. It should be used to accommodate the highest density possible. This is what is provided in the present ordinance. Hieronymus emphasized that if the zone was to be changed to include a parking impact fee, there would not be commercial development there, because it would be unaffordable. It would force business to move elsewhere. She noted that a 25,000 square foot business recently had to move to Cedar Rapids, because space was not available in Iowa City. She said this is a loss of jobs for Iowa City. Hieronymus does not feel apartments are appropriate in this zone. The original intent of the zone was to discourage apartments and encourage commercial development, and the impact fee was not a consideration then. Scott stated he agrees with Hieronymus, in that he believes the fact that the zone allows apartment construction in it should be reexamined. Gibson asked if Hieronymus' building could to be built as the ordinance is now written. Hieronymus said that the latest offer she had received was if she came up with $200,000, she be allowed to proceed. Gibson asked what the $200,000 was for, and Hieronymus stated she was not sure. As far as she was concerned, it was just a number picked. Hieronymus said the Council is really not certain what the parking requirement entails, that the last offer to require 150 spaces was still a lot of money and loss of space. If this amount of parking is required on site, this means she would have to construct a smaller building, and she is not willing to do this. Scott noted that Gibson had asked if her building could go forth under the current ordinance, and what might preclude her from doing this now. Hieronymus answered that the parking impact fee would be holding her back. She believed she had submitted a very attractive and well-considered plan. She was not going to build something shoddy or less than adequate. She said there is a very large interest in .,.. . " ,. '^ 9Lt, IUL: ., .~ o =)" 'I /5 leI C.o':ia .. ' " ;;1' I ( .' (-'" \ ',' ,/1 ,..'( " I . I Ii I I : , , I il" i I' ! : , , , , \ I 1 '~'~. '" ,~ ~c 0 ,. , .. . '~p :..\'1, ~ ',' ~ ", . ,:",:,'.::'c~::1,.:". .' Planning & Zoning Commission April 7, 1994 Page 20 large office space in Iowa City. Her plans do include some parking in the basement, but this was done with the idea that each business may get a slot or two, probably for the owner/operator, with customer parking being right across the street in one of the public ramps. Hieronymus stated in terms of paying for the parking, every merchant pays hundreds of dollars every month through the Park & Shop program. She really does not understand what all the fuss about picking up a larger tab from the merchants is about, as the City already makes money in parking. Hieronymus said the parking division made in excess of $1.1 million last year. She asked why the City would stall a development that would produce hundreds of jobs, and would ultimately produce sixteen times the amount of taxes that are presently being collected on the site. Clvde B. Guillaume. 1502 Dover Street, said in regard to the parking impact issues in this zone, he wished the City would remove the political considerations from this discussion. He believed the Planning and Zoning Commission took part in the Comprehensive Plan consideration, and the south side development issues. He did not see why the rules that were made at the time to encourage commercial development were going to be changed now. He said Hieronymus had asked for a tax abatement, but now the City is saying to receive the abatement, it must get some of this money back in a parking impact fee. Guillaume says as a businessman in this area, he is totally aware of the cost of development. He does not understand the need for the impact fee when the City is making the money it is in the Parking Division. The developer should not be asked to provide parking when the businesses this development would provide would make another ramp in this area, once again profitable for the City. Guillaume said the Commission must examine what exactly a parking impact fee would mean, and not tie it in with the tax abatement issue. The tax abatement item is about to come up for a final vote, but that vote will not occur until impact fee decisions are rendered. He did not believe an impact fee should ever be considered for commercial development, but if it was to be considered, it should not be tied into tax abatement. John Rummelhart. 204 McLean, said he owns Rebel Plaza in the CB-5 zone. Rummelhart said when they first considered purchasing the Rebel Plaza building, they had an engineer conduct a study on the feasibility of constructing a two-level underground parking ramp. They had purchased the site with the knowledge that this amount of parking would be feasible underneath a future building, and that this would be more than adequate for their needs on their parcel of ground. He suggested if the developers of this zone wish to put some innovation into their site development and building designs, on-site parking could be attained, and does not even,.need to be seen. Rummelhart believed the City should not be concerned with parking requirements in this zone. It should let the requirements be determined by market forces. Some private individuals may even consider putting up their own parking ramps; this might even be above commercial space. Rummelhart believed this alternative has not been considered, that it may be possible in this zone to let demand determine how much parking may be needed, and that private individuals may be able to fill the void on their own. ~ - --- . ')"" , ,', " '0. ,.., ",..,:., ,..' "",; . .,.. . "-".-..-..,.. . o I I "Lt, , ~'tj, '. "I' 15 ?1~~:1 " r , ,'\ (-"\, , , . " \ I'~ , I' I I ! i. ~, ! I'. ! I \ l,) '~.;;;jl VI " ;),~l~f~" ~, ,HI' 'i',:'!!Q i',{t,;,:", ,. "~', -" ,(~~~ -~, . ,; , .. . .'~':, \ I, ~ , -, . .. ~ . Planning & Zoning Commission April 7, 1994 Page 21 Bovbjerg moved to defer consideration of revising Sections 36-20.5 and 36-58, CB-5 zoning parking requirements to the April 21, 1994, meeting of the Planning and Zoning Commission. Dierks seconded. Dierks asked whether. parking fines are factored in as part of the Parking Division's surplus. Scott said they are. Scott said the parking system, as a whole, is profitable, but that individual sectors need to be considered separately. Scott said there are many factors contributing to the system, some profitable, some not. Scott said it makes little difference whether talking about parking for commercial, retail, or educational, uses, or if talking about mass transit, or the use of the automobile, or bikes, or bikeways, even sidewalks -- all of these forms of transportation are subsidized by the public sector. He said the question is what level that subsidy should be. He believed this was part of the public policy debate the Council is now involved in. He said the Council has asked the Commission to look at the CB-5 zone and review those public policy questions. Even with the $4,000 impact fee required on up to 50% of the parking for the residential uses, and the proposed impact fees, for commercial uses, the City 'or the public will continue to subsidize the required parking. Gibson stated that the current ordinance sets a maximum number of spaces that can be provided for commercial uses. He asked if there is anything about the Hieronymus development that exceeds the limits or maximums outlined. Miklo said that the maximum is one space per every 500 feet of floor area. It was his understanding that the proposal does not exceed the limits. Gibson said he finds it troubling. The Commission is being asked to change a position that was made no more than a year ago. Secondly, the Commission is being asked to answer only part of this question. The part the Commission has not been asked to answer -- and he knows why, because it gets very complex.. is, not how much parking, but where the parking is to be located. This is clearly a planning issue. He does not know whether this is separable from the political questions. He said this Commission is to answer the planning issues, and the Council can answer the political issues. The motion carried on a vote of 6-0. 4. Discussion of proposed amendments to the Zoning Ordinance, Section 36-18, CN-1, Neighborhood Commercial Zone. Miklo said that the Commissioners have a revised Exhibit B, which includes a retail category of gift & novelty shop, limited to 1,000 square feet. Also, under Provisional Uses, staff proposes that offices be limited to general dentistry, insurance sales, family practitioner, chiropractor, counselor, real estate agent, travel agent, accountant and attorney, provided that no more than one of each of these office uses is located in a CN-1 zone, and subject to a maximum of 15% of the ground floor of the CN-1 zone being used for offices, or 30 % of the entire development; and that individual offices be limited to 2,000 square feet. Miklo also noted the Commission had discussed expanding the zone to 10 acres if it were a planned district. He said staff would require l_ , . m. ,._.._~_~__ , ~- :- ') ,,0 .,.. . 'Lt' I ):1 ~ " , , " i '. ~ ,I ['I " t, ~ ~ ( " lb. BlJl.'izI . " ,,'. . " " r " J. (-', \ \1 \i ~ i~ I r ' , I" I , I , i " , I " i ! I~" , , , , i I l~\,..,.. ,',.....-- " '11 ", ~ i"~"~' :k,~,~l ~:.~~ ,~~ iilr"" ," 'i';iJ:, -,.' \ rc~ 0 'l~, ..'1"',., 'J r.. ,,~.) " , .. , '._~t:\"f . , .. " " ",' .':' , ", . ,,,', ,... ".~..,~,_..__._,_.,---. Planning & Zoning Commission April 7, 1994 Page 22 additional time to develop procedures for a planned district. Miklo said the Commission can defer the proposed amendments or act on them with the understanding that staff will follow with a provision for a 10-acre planned commercial zone. Gibson asked about the requirement that no more than one of each of the office uses be located in the CN-1 zone. Miklo said, under this proposal, these are provisional uses, meaning they are allowed, provided the listed requirements are met. The reference to no more than one of these uses, is intended to help assure that the CN-1 zone does not become a de facto office zone and that the services needed on a day to day basis by surrounding neighborhoods are not displaced by offices. Miklo said the intent is so as not to allow, for example, five dentists in one CN-1 zone. Gibson said he understood this, but said this really appears to be micro-managing. Jakobsen said there may be more than one physician if they are specialists. Miklo said they would be allowed as a special exception if approved by the Board of Adjustment. Gibson said there is a certain amount of risk associated with this zone, but the risks are probably not so onerous that they are not worth taking. He said we should not try to control this down to this level. Gibson said he will make a motion to have this language struck from the draft. Public discussion: Bruce Glasoow. 834 N. Johnson Street, said he would like apartments on the second floor. He said having people around is good for protection of the property. He would like to see the square footage for each of the individual offices boosted to 3,000 square feet. Glasgow said that 2,000 square feet is hardly enough to turn around in. He has lost numerous potential tenants in the last nine months, because 1,800 square feet was too small. He built the building at Court and Scott Streets that is 3,600 square feet on a 44,000 square foot lot. This is ridiculous. He said the 30% limit on office space should be higher, but he would not argue this too much. He felt the process of going through the Board of Adjustment all the time was overregulation. He would like to see more options of store types in the zone, e.g., sporting goods. He said City staff had turned down this option saying it was not a neighborhood use. He asked what about restaurants and bars, are these acceptable and is 2,000 square feet enough? Miklo said these are permitted by special exception. Glasgow stated staff had turned down his previous client, Eagle Food Stores, because they needed 54,000 square feet. Glasgow said this is the typical size of a neighborhood food store, when a deli, card shop, flower shop, etc., are added into the space. He said a food store does not operate in 40,000 square feet anymore. He said the same thing as the 54,000 square foot store can be attained by having them side by side, outside and with some duplication of amenities, dumpsters, etc. Why not have them under the same roof? Glasgow said he has owned the land out around Scott Boulevard for 25 years. If he was not going to be able to sell properties under this ordinance, he knew he would be able to build four apartments a week in this area. He said in terms of having more than one of each type of office, the owner of the building is likely to limit this. He has already made limits on duplicated services on some of his own properties. i_ , ,L~ _.~.~.~ ~. " ,o,,,.ai> "'- -:- .,.. . D I i to, ';\ 2l:J,~.::,~ - . ...._" " (~ 1~_' i r \t I" I I , . ! I I ; I i 1 i : k, I I~' " ' ; I I !, I ! 'u'; \,--,~ ,"" /," ,I':' " . tr,' -, ',\.. 0 . ,.' I .' , -t\\t:., ,',', ~ " . ..<",,;..'.\'. ~ _ . ..1~ .. ,'. ....".,...,.. ,.....-..-...--..-'- Planning & Zoning Commission April 7, 1994 Page 23 Dr. Don Conlon. 373 Scott Court, said he was in the process of locating a new office for over two years, and all along the way people told him he was in for a battle in terms of all the bureaucratic hassles he would encounter involved with building in Iowa City. He said the people in Coralville say they love the way Iowa City does business, because they are attaining all of Iowa City's potential offices. He said people are virtually being thrown out of the city. He said he appreciated Gibson's reference to micro-management. Conlon said part of the potential success of his business is based on the development of the area. However, people are not looking at building here beyond the initial stages, because of the problems associated with building in the zone and having to go through the Board of Adjustment. Conlon said he was all set to build a building with 3,600 square feet, but when they were ready to start he was told he would only be allowed 1,800 square feet. He called this micro-management. Harrv Wolf. Southqate Develooment, said that back in November 1993, his company had written a letter to the Commission requesting certain amendments to the zone. He reminded the Commission that his company is in the process of developing the corner of Benton Street and Mormon Trek Boulevard. He hoped to see a vote to amend the ordinance, whatever these changes might be. The University of Iowa Credit Union has broken ground, and Fairway Foods is in the process of attaining a building permit and hopes to start construction this month. In regard to specific changes Wolf would like to see, he referred to the April 7, 1994, memorandum. Concerning the shopping list of office uses, Southgate appreciated the offer of listing office uses under Provisional Uses, so as to eliminate the need of going through the Board of Adjustment for every use, as this is a very long, expensive and often demeaning process. Many potential users will opt out of going through this when there is the potential of being denied. In regard to the lilnguage limiting to one of each type of use, he would not support it. Wolf would like to see a 3,000 square foot limit on office space as well. Scott asked Wolf if the commission were to defer action tonight for two weeks, how would this affect his plans. Wolf said he was not sure where a two week deferral would put him on the agenda of the City Council, but he does have tenants who would like to have shop set up by late summer or early fall. With the construction season as it is, this really becomes critical the later it is delayed. He was not even sure how council will accept amendments to the zone. If "neighborhood center" is mentioned to the Council, you may get a whole new set of micro-management to deal with. In the meantime, the sooner it gets out of P&Z, the sooner he can give his clients direction as to how it is headed. Scott said staff has indicated that they will try to have provisions in regard to the 10-acre limit ready by the next meeting. Scott requested more direction and assistance in regard to the office square footage limits. Bovbjerg moved to defer action on proposed amendments to the Zoning Ordinance, Section 36-18, CN.1, Neighborhood Commercial Zone, to the April 21, 1994, meeting of the Planning and Zoning Commission. Dierks seconded. 'LI, ,= ..,~ -- .~~--".-- J'".,..,",...., . ' ,'," 0",., ; - ,.' ,'.,. '.1' . ~' ..~ /:/ ..'. , "'.',' .,.. . i.t. \' '" ..,) fO': " .r.m;;t,il, (' ..~ -'1 (, \ \ \ r"~ , r ' , i" , I I I ! , ~, if'. , " \ I .~ ";j 1. ' '/' ".....1 ". \~". ,~{~" .\ ,-.J ~ ~.:;'~ ." It-~'o " \. ; .. . .:~ \ \', '.': , ~, , ", . . ~.. " ,:: ::!"',, ". .-.....',.----..- Planning & Zoning Commission April 7, 1994 Page 24 Gibson said we seem to be wanting to make this zone more than it was intended to be to serve a residential area. However, Gibson was a little troubled with the notion of 2,000 square feet being an average dentist office size, e.g., this means some are smaller and some are larger. Perhaps the Commission should be going with the 75th percentile or so. Gibson was supportive of the intent of the zone, however. Jakobsen said from her experience at the Dental School, she felt that 2000 square feet is adequate room for a dental practice. Bovbjerg said she would like to see more done on the square footage limits. Although she is convinced these should be raised, she is not sure by how much. She would also like to see a' comparison of what 7 acres as opposed to 10 acres would entail, and would like to have all this presented at once rather than having to defer this item again. Scott said he does not agree with trying to make lists all inclusive or all exclusive. He thought this would lead to problems. The motion carried on a vote of 6-0. 5. REZ93-0012. Discussion of an application submitted by Plum Grove Acres, Inc. to rezone four acres located west of Scott Boulevard and north of Court Street from CN-1 to RM-20. Chairman Scott requested a waiver on the 45-day limitation period from Mr. Glasgow, to April 21, 1994. Public discussion: There was none. Dierks moved to defer action on REZ93-0012, until the April 21 , 1994, meeting of the Planning and Zoning Commission. Gibson seconded. The motion carried on a vote of 6-0. 6. Discussion of a proposed amendment to the Zoning Ordinance submitted by the Living Word Christian Fellowship to modify the parking requirements for religious institutions in the CB-2 zone. Rockwell noted that staff recommends that Zoning Ordinance, Section 36-20(g1l11 of the CB-2 zone be amended to read, religious institutions may expand without compliance with the off-street parking requirements. Scott said to note for the record that five supporters of the proposed amendment had sat through a very lengthy meeting. He commended their patience. Public discussion: CfLf, - - ~~ .0;) -- ~ ," , \ .,.. I )i.:.. , ;.:.) r I ! , I I D , ! , ~[] "..".," . ~ ~ .,'-. ."~h\.l. >,", '. ... I" , ~', ".",1 ,., ,,' '..-i ,\," ~..,.,i ',.... . ""'f .'. " " .~' .-.,',-, . ", "....., 1 , , ,,', ',' .,' .,.. ,~', . '... -'-..-.-:....':..",":.,". . . ' , . . ' ' .. .'. ...;~._._- .;~"..:.......;,.:"-.-.I,,,j-'-..:..,--:.;..._-.:..-:_- ':, Planning & Zoning Commission April 7, 1994 Page 25 Marvin Feioensoan. 1615 Ridoe Street, Pastor of the Living Word Fellowship, at 318 E. Bloomington Street, said thank you. He appreciated all the work done on this amendment. Jakobsen moved to approve amending Zoning Ordinance Section 36-20(g)(1) of the CB-2 zone to read: Religious institutions may expand without compliance with the off- street parking requirements. Gibson seconded. The motion carried on a vote of 6-0. Review of the Minutes of the Aoril 17. 1994. Plannino and Zonino Commission Meetino. Jakobsen moved to accept the minutes of the April 17, 1994, Planning and Zoning Commission, as amended. Gibson seconded. The motion carried on a vote of 6-0. Adiournment. i' Gibson moved to adjourn at 11 :40 p.m. Starr seconded. The motion carried on a vote of 6-0. George Starr, Secretary Minutes submitted by Jeff Haring. minslp&,4.7 (-:: J, (~J ~ I I i .. i , i I i I , If; [' . ~ ""1": j~f !':_)\ ~~',:, ",,",'!'J". ! _'4j ','" ", ,., ,- , ','''' ,,',' ... ',,<: . ," . ,..' .", '..' .,"-:" 'r;~"~ ,. '". "". - ',' .".,)'" ':':'<0,",', 1";' ,:' " ".., ", n, " . 01 '.',' i;.'''' 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