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HomeMy WebLinkAbout1989-12-19 Brd Comm. minutesI I i. None. contact Pauline, offering assistance. N ' PUBLIC ANNOUNCEMENTS: PAN: A 1 None. 75-1 Stevens reported on PAN for Kristin Evanson, announcing that John Hess has been DRAFT OF THE ACCESS INFORMATION CARD: Shaffer opened discussion, stating that the initial draft the information of card was done by Detroit Shaffer announced that she is resigning from the BTC, who budget and they will be presenting this budget to the City Council in the near future. PAN and asked wanted to be in charge of the project. The BTC continued discussion in reference to the direction in is also in the process of looking for a downtown office for John Hess. which the access; information card should develop. Hall suggested promoting Channel, 29's interactive video/Information Services. Shaffer shared an example of a new Iowa City information newsletter which will premiere February 1990. This "newsletter will be Included in' i all water bills and would enable the BTC to reach approximately 2,000 residents in Iowa City ,I not reached by Heritage Cable bills. The BTC agreed to utilize both mailing sources by. z ' February. Shaffer agreed to edit access. information cards as well as contacting Patty ;j. Westercamp, City design artist. EDUCATIONAL ACCESS CHANNEL 27; i Stevens noted that in the ECC minutes it was mentioned that they have ordered the playback equipment. Blough added that the equipment he arrived and Kirkwood's engineers are looking at January of 1990 for installation.: Stevens asked if any follow-up had been made with Dianna Paulina in reference to preparing a presentation to the Iowa City teachers. Shaffer agreed to contact Pauline, offering assistance. N ' PAN: A 1 Stevens reported on PAN for Kristin Evanson, announcing that John Hess has been named Executive Director. = Stevens also reported that there is a committee preparing a transitional budget and they will be presenting this budget to the City Council in the near future. PAN is also in the process of looking for a downtown office for John Hess. III i i /I j(. Broadband Telecommunications Commission November 15, 1989 Page 3 HERITAGE REPORT: Blough, reported that Heritage has recently completed a promotional campaign to raise money for the homeless.. It Involved reduced installation rates with Heritage donating $5 per order to the Iowa City Emergency Housing Project. The total donation equalled $2,400. Blough also announced that Heritage will be installing a live satellite feed from Southgate to the Iowa City Civic, Center. This will enable the City to cablecast live or tape programming direct from Southgate. Blough also announced the prospective date of December for the delivery of the digital color radar for local weather. He also announced that Heritage will be adding two FM channels; one being VHi audio 24 hours a day and the other being an international radio station. � a CPC: I � I ' Hess reported that 12 groups have produced new programs for the CPC from New Pioneer to a sports talk show. The CPC has also taped their first drama with a high school, written II by Dan Coffey, and will be entered into a contest presented in conjunction with Bravo. Hess mentioned that the CPC will also benefit from the satellite service from Heritage, enablin them II to receive programming via satellite, g BTS: ' Shaffer mentioned to the BTC that Heritage Cablevision satellite wiring will be done for no cost j to the City. • He also reported on five complaints this month, three on program scheduling on I 1' ' Channel 29. Shaffer explained reasons for the scheduling problems on Channel 29 is due to the absence of a Production Coordinator. Shaffer also Informed the BTC that this position will be filled by the next BTC meeting. PUBLIC DISCUSSION: Patton asked about signal Interference with TNT. Blough responded by explaining that the ' + paging system of the hospital is still causing Interference. He concluded that Heritage will be i 3 taking care of this problem In January by switching the channel placement. Shaffer announced that Doyle Detroit's position will be filled by January's meeting. ADJOURNMENT; 1Moved by Hall, "seconded by Patton, to adjourn. Unanimously approved, Justis, Detroit absent. Meeting adjourned at 6:03 p.m. Respectfully submitted, Drew Shaffer, Broadband Telecommunications Specialist. i mad I I _ I MINUTES COMMITTEE ON COMMUNITY NEEDS NOVEMBER 21, 1989 - 3:30 P.M. SENIOR CENTER CLASSROOM MEMBERS PRESENT: Cooper, Dennis, Kuhn, Patrick, Rawland, Ruff, Starr, Williams MEMBERS ABSENT: Cilek, Fink, Snider STAFF PRESENT: Nugent, Barnes, Hale, Kilpatrick, Milkman, Neff OTHERS PRESENT: Karen Kubby RECOMMENDATIONS TOCITYCOUNCIL: 1. CCN recommends the extension of the Rental Rehabilitation Target Area to include the North Summit/North Dodge Street Area. 2. CCN recommends amending the previous CCN recommendation for $22,700 funding 777 for UAY, to be in the form of a $15,000 no Interest loan with repayment to start as appropriate, with the balance to be a grant of $7,700. CALL TO ORDER: Chairperson Rawland called the meeting to order at 3:36 p.m. Rawland introduced new member Mary Ann Dennis to the Committee. CONSIDERATION OF THE MINUTES OF THE OCTOBER 17 1989 MEETING:. Williams Indicated that the page 9 of the minutes should have read that the Committee's recommendation for United Action for Youth's (UAY) funding was a grant rather than a part grant -part loan. Rawland stated that she would not have voted for the grant because UAY has a solid financial base and would be able to repay a loan. She expressed the belief that there could have been a misunderstanding about the motion that was voted on. Milkman suggested discussing the issue again and taking a new vote. Rawland Indicated that Jim Swaim of UAY had been accepting of the Idea of a loan. Patrick moved to recommend amending the previous CCN recommendation for $22,700 funding 8 or UAY to be in the form of a no -interest loan of $15,000 with repayment to start as appropriate, and the balance of $7,700 to be a grant. Ruff seconded. The motion carried 8-0. Starr requested that the recommendation for the Broadway Street Neighborhood Center clarify that the funded amount be added to the existing lion on the project. In response to a question from Starr, Nugent slated that the funding recommendation for the curb ramp project and the contingency fund were part of a single motion with the second by Kuhn and unanimous approval. Patrick moved to approve the minutes as amended. Kuhn seconded. THe motion carried 8- 0. Committee on Community Needs November 21, 1989 Page 2 PUBLIC/MEMBER DISCUSSION: Nugent noted the memorandum regarding January activities and the upcoming election of a chairperson and vice -chairperson. She suggested that CCN might want to consider changing its meeting time to an evening. She mentioned any Thursday evenings, the first or fourth Wednesdays of the month, or a time change to 4:30 as possibilities. Rowland Indicated that 4:30 would be easier on staff and less compromising to CCN members with jobs. Milkman stated that the present time has prohibited some people from applying for membership on the Committee. ' Starr suggested that the Chair draft a letter to Steve Atkins and City Council to express support for the need for continued cooperation and to reinforce the continued participation of the curb ramp subcommittee in the Planning process, Rowland agreed to present a draft at the January meeting for Committee approval. Kubby suggested that the letter include mention of the St. Clements Street project. Kubby reminded the Committee that she would like to have 30-45 minutes of the Committee's" February meeting to go through a prioritization process to assess if it will change recommenda- tions. Rowland stated that CCN will be starting earlier on Community Development Week and she would prefer not to sacrifice meeting time in February. Kubby request edagenda time at the May CCN meeting Hale noted that the CDBG video will be shown on Public Access Television at 3:00 p.m, on Mondays through Fridays until December 1, 1989. She stated that there could be a time change after December 1. DISCUSSION OF COUNCIL ACTION REGARDING THE CCN RECOMMENDATIONS FOR 1990 CDBG FUNDING: Rawland noted that CCN was well represented on both nights of public hearings. She stated that a letter, had been received from At Azinger supporting an agreement for public use of the Roosevelt School Open Space. Rowland Indicated that there were only a few, questions from City Council about the St. Clements Street project. Milkman expressed some dissatisfaction with the process this year because she felt the City Council didn't get the optimal amount of Information about the projects. She indicated that time limitations prohibit a complete review. She said she would like a change for next year to allow applicants to briefly present the concept of their projects to the City Council Kubby indicated this could be demanding on the applicants and suggested a brief written synopsis of each project be provided to Council. In response to a question from Starr, Milkman stated it would be ideal to have presentations by both applicants who have been recommended by CCN and those who have not. Kubby stated that in the past CCN gave Its recommendations and described the projects and the applicants could speak if they so desired. She indicated that having the public hearings first with the informal discussion at a later time would give City Council more time to process Information. j I,. �I { .r ; II i j { i Committee on Community Needs November 21, 1989 Page 3 Milkman informed the Committee that Gramm-Rudman reductions could be Permanent for the year and funding is being taken away from some programs for deficit reductions. She said to expect at least an 8% reduction in the $600,000 federal allocation. She expressed her preference to maintain a minimum of $25,000 in the contingency fund. She stated that approximately $20,000 will need to be cut from projects and she Indicated that it would be helpful to the agencies In their planning to know where CCN would prefer to see the cuts. jj Rawland stated that if the contingency were to be cut to $20,000, then only $14,000 would need to be deducted from the program expenditures. She Indicated that Cilek had suggested a 2% -cut from all projects. Rawland noted that reducing the Broadway Street Neighborhood T Center's allocation by $3,500 by not constructing a fence might prevent cuts that would have a great impact on lesser funded projects. Rawland added that a capital drive Is planned to raise funds for the Neighborhood Center. Kubby asked if a 2% cut would break any of the projects. CCN reviewed the 2% cut for each Project. Milkman indicated that details could be worked out at a later time. Starr asked if a $20,000 contingency fund Is reasonable. Milkman responded that she would prefer that it not be so low. Starr asked if the Recreation Center's Photo Darkroom Project could be delayed. Williams suggested eliminating the research study for the Elderly Services Agency. Milkman responded this would be likely to be cut as a portion of the 2% cut from planning. Williams expressed concern regarding liability at the Roosevelt School Open Area. Milkman Indicated that an agreement will be needed with the School District. She stressed that the CDBG funds are being used to secure more funds for this project. Ruff stated that the Photo Darkroom project could possibly go on hold. He noted that he has not heard any complaints, but he Indicated this does not mean that there are not people who would like to have an accessible darkroom. Starr informed the Committee that the Potters' Studio Is complete and there has been a minimum of usage. He said advertising Is beginning and this could Indicate that the Photo Darkroom could wait. Patrick suggested that delaying the darkroom can help to prevent harm to those dependent on the other projects. Ruff stated that a one-year delay should not be a problem if accessibility is not being demanded at this time. In response to a question from Kubby, Milkman stated that a $60,000 reduction funds would be the worst case scenario, on of CDBG REVIEW AND DISCUSSION ON THE CITY'S POLICY REGARDING ASSISTANCE TO SMALL BUSINESSES: Kilpatrick Indicated there Is a need to develop a policy and guidelines for what type of assistance should be provided and when It should be made available. She stated that all small businesses (not just W/MBEs) have always been able to received assistance through the City's program so there Is not a problem with discrimination. She noted that assistance In financing skills education was added to the program this year. She Indicated that a draft of the policy had been provided to CCN and she would fake suggestions from the members. Starr asked if the plan Is for CDBG to fund the program annually. Milkman responded that this will be discussed on a yearly basis. Starr asked If assistance Is available to non -minority males through the program. Kilpatrick responded that all small businesses with no more than five employees are eligible. Rawland noted that the purpose Is to help beginning contractors who c2lfl i I I-- j Committee on Community Needs November 21, 1989 Page 4 will work on CDBG projects. Milkman indicated that the no -interest loan for up front costs have been the most critical type of assistance. q Hale referred the Committee to the memorandum on this topic. She indicated that the concept evolved from the discussion with City Council for the St. Clements Street Rental Rehab Area. Hale stated that the three requirements for a rental rehab area are 1) the units are generally affordable to low to moderate income households, 2) units are generally in sub -standard condition, and 3) the area Income is no more than 80% of the Iowa City median income. She noted that a housing characteristics study was done and it demonstrated that 72% of the units e in the area are rental units. She indicated that the Income was determined in two ways as # explained in Exhibit B to the memorandum. Hale said area one is 57% low -mod income - according to census information, and area two was shown to be 66% low -mod Income by a telephone survey. She concluded that the area is eligible to be a rental rehab area. ' She requested a recommendation from CCN to City Council to extend the rental rehab area: In response to a question from Cooper, Milkman stated that rental rehab funds might be decreased somewhat due to Gramm-Rudman, but there is not a current backlog in the program. Starr moved to recommend that City Council extend the Rental Rehab Target Area to Include the Summit Street -North Dodge Street Area. Ruff seconded. The motion carried 8-0. Kubby Indicated that these areas will be ideal to Initiate future neighborhood organizations. 1989 CDBG PROJECT "WRAP-UPS'; HousinoR� ehabilil_tion - Williams provided the Committee with and reviewed a chart showing types of projects and expenditures. He noted that two of the new projects in October were emergency repairs. Hillcresticrest Family - Williams slated that this is a home for semi-independent living for chronically mentally ill persons, He stated that the top floor has been completed, the sump pumphas been tested, and the vent pipe problem was resolved. He indicated that the project Involved $25,000 of CDBG funds and $11,000 in housing rehab loan funds. He stated the funds have been returned to the program. Williams noted that a letter of gratitude was received from Hillcrest Family Services and the project is completed. Broadway Neiohborhood Center - Nugent stated that the completion date has been projected for December 15, 1989. She noted that Joan Vandenberg is aware of possible funding reductions, especially regarding the fence. Nugent stated that fund-raising is planned and help In this is welcome. Cooper asked about the status of the Willowcreek Neighborhood Center. Nugent stated that both will be open with some combined activities. i j I I-- ■ 1(, Committee on Community Needs E November 21, 1989 Page 5 e Hoover Elementary Accessible Playground - Nugent informed CCN that Phase I is complete. She indicated there will be a capital fund drive in the spring, i. b Youth Services Exterior Renovation - Kuhn stated that plantings and terracing have been in with a picnic table. put Curb Ramo Installation Proiect - Ruff stated that 12-15 ramps were constructed with last year's { allocation. He noted that the site survey will assist in the planning process for next year. I I. t Elderly Services Small Repair - Patrick deferred to January to allow her to gather more information. Targeted Small Businesses (W/MBE) Program -Cooper referred to IQlpatrick's policy draft and j item #5. It permits a portion of the loan to be forgiven if the employer does not make a profit on a project. She noted that the quality of the work has improved and the program is ! . proceeding well. :{{ F Benton Street Storm Drainage (1988) - Cooper Informed the Committee that the project was I completed in mid-July, before the deadline. She indicated she was impressed = 1 with the manner In which the project was conducted. ' Potters' Studio •Starr stated that the project had been completed under budget. COMMUNITY DEVELOPMENT WEEK - THOUGHTS FOR PREPARATION: Starr said he expects to receive information from the National Community Development } ; Association some time in December. He stated that the purpose is to Increase awareness of the program and to ensure the continuation of the CDBG program and to eliminate cuts' at the L federal level. Starr Hated the positive comments on last year's reception and awards ceremony. He Indicated they were well attended at the Holiday Inn.He expressed a desire to begin planning earlier this year. Rawland stated she would contact Senator Harkin's office In an attempt to secure him as a speaker. Starr stated that a subcommittee should be assigned in January and ideas should be thought of to be discussed at the January meeting. He asked that staff include last year's award categories in the January r: agenda packet ADJOURNMENT: Williams moved to adjourn at 5:14 p.m. Ruff seconded. The motion carried 8-0. iMinutes submitted by Mary Jo Nett. i MINUTES ���Cu9G04ir� ,1,p PLANNING & ZONING COMMISSION Suhj6ct to Rpproval DECEMBER 7, 1989 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Cooper, Dierks, Hebert, Reid, Scott MEMBERS ABSENT: None STAFF PRESENT, Franklin, Gentry, Rockwell, Neff CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. RECOMMENDATIONS TO COUNCIL: 1. Recommend approval by a 7-0 vote of V-8907, an application submitted by Oakes f Construction to vacate an unnamed, north -south oriented street located west of +I Dubuque Street between Foster Road and Taft Speedway, subject to final approval of I the Idyliwild Subdivision, construction of Sage Street, the obliteration of the unnamed street roadbed by the Idyilwild Subdivision developer, and reservation of any required ` utility easements. 2. Recommend approval by a 6-1 vote (Dierks voting in the negative) of S-8937, an application submitted by Oakes Construction for preliminary plat approval of Idyllwild Subdivision, a 20.8 acre, 63 -lot residential subdivision located south of Foster Road, west of North Dubuque Street, north of Taft Speedway and east of an unnamed street �! subject to waiving the width of the block on the east side of Vandello Avenue between Foster Road and Vandalic Court to less than the 220 feet required by. Section 32- i I 54(a)(5) of the City's Subdivision Regulations. 3. Recommend by a 7.0 vote that the Capital Improvements Plan for Fiscal Years 1991- 1993 include the upgrading of Taft Speedway to local street design standards with a bicycle path or walkway along Taft Speedway to Integrate the subdivision and neighborhood in general to Terrell Mill Park. l 4. Recommend denial by a 5.2 vote (Cook and Hebert voting in the negative) of S-8907, a request submitted by Development International Associates, Ltd., a preliminary Planned ` t Development Housing (PDH) and Large Scale Residential Development (LSRD) plan and of a preliminary plat for the construction of four Panhellenic houses located Immediately west of Terrell Mill Park and south of Taft Speedway with 1) a decrease in the occupancy load of the project from 290 to 240, 2) commitment by the developer to the Improvement of Taft Speedway to City standards from Dubuque Street west to the first north -south road between Foster Road and Taft Speedway, 3) submittal of a proposal for the restoration of the wetlands and approval of same by all federal, state and to I 1 ca agencies and compliance with all state and federal regulations dealing with wetlands, 4) installation of a bridge across the creek from the site to Terrell Mill Park and a walkway in the park at the developer's expense and the provision of a public 0 12. Recommend approval by a 7-0 vote of S-8941, the final plat of Oakbrooke Place, 13. Recommend approval by a 7-0 vote of 5.8942, the preliminary Large Scale Non - Residential Development (LSNRD) plan for ACT, subject to a notation being placed on the preliminary LSNRD plan and a covenant running with the land being submitted limiting access from the site onto Scott Boulevard to two drives. Y lI 2 {eQ} 1'. Planning & Zoning Commission December 7, 1989 Page 2 access easement from the park over a walkway through the site to Taft Speedway, 5) prohibition on the use of music amplification equipment outside, and 6) installation of $' a bus stop which would Include a pull -off lane on the southbound side of North Dubuque Street. Y { 5. Recommend denial of rezoning of Tract #1, the Idyllwild Tract, from RS -8 to RS -5 by f a 5.2 vote. (Dierks and Hebert voting in the negative.) 6. Recommend deferral by a 6-1 vote (Clark voting in the negative) the rezoning of Tract #2, the Glasgows' Tract to the second formal Planning and Zoning Commission meeting t' In September of 1990 with the said deferral based on allowing the City time to investigate the possibilities of funding for the acquisition of the properties to add to Terrell Mill Park. 7. Recommend denial by a 4-3 vote (Dierks, Hebert, Scott voting in the negative) the ! rezoning of Tract #3, the church site east to Dubuque St., from RS -8 to RS -5. aS. Recommend approval by a 5-2 vote (Clark and Cooper votingin the negative) the C rezoning of Tract #4, the properties located south of Taft Speedway and west of the unnamed street that appear on the map as unshaded, from RS -8 to RS -5. f 9. Recommend denial by a 6-1 vote (Clark voting in the negative) of Z-8914, a request to rezone, property located at 1014 and 1016 Hudson Avenue from RS -8, Medium Density Single-family Residential Zone, to the CC -2, Community Commercial, Zone. rt 10. Recommend approval by a 7-0 vote of S-8935, final plat approval of Moss Woods, a 10.74 acre, eight -lot single-family residential subdivision located in Johnson County on ` Under Road, immediately west of Linder Valley Subdivision and Agudas Achim Cemetery, subject to approval of final legal documents. 11. Recommend approval by a 6-0.1 vote (Cook abstaining) of S-8940, final plat of Pepperwood Addition, Parts 8, 9, 10 and 11, subject to the following variations in the subdivision regulation requirements: reduction of the 220 foot minimum block width requirement to 146.74 feet on the block between Pepper Drive and Chestnut Court along Birch Street and the modification of the cul-de-sac design requirements to allow the designs proposed for Balsam and Chestnut Courts as illustrated on the preliminary plat. 12. Recommend approval by a 7-0 vote of S-8941, the final plat of Oakbrooke Place, 13. Recommend approval by a 7-0 vote of 5.8942, the preliminary Large Scale Non - Residential Development (LSNRD) plan for ACT, subject to a notation being placed on the preliminary LSNRD plan and a covenant running with the land being submitted limiting access from the site onto Scott Boulevard to two drives. Y lI 2 {eQ} 1'. lI i; ) Planning & Zoning Commission December 7, 1989 Page 3 14. Recommend by a 7-0 vote that the City Council issue a comment that the City is not opposed to the Issuance of CU -8902, a permit to allow a home business, a workshop and display area for antiques, on a 2.14 acre lot located approximately 1.2 miles southeast of Iowa City. PUBLIC DISCUSSION OF ANY ITEMS NOT ON THE AGENDA: There was none. CONSIDERATION OF THE MINUTES OF THE NOVEMBER 16 1989 MINUTES: Cook moved to approve the minutes as amended. Cooper seconded. The motion carried 7-0. ZONING AND DEVELOPMENT ITEMS: 1. V-8907. Public discussion of an application submitted by Oakes Constructlon to vacate an unnamed, north -south oriented street located west of Dubuque Street between Foster Road and Taft Speedway. Franklin reviewed the staff. report dated December 7, 1989, Staff recommended approval of V-8907, the proposed vacation of the unnamed street between Foster Road and Taft Speedway subject to approval of the final plat of Idtlywild Subdivision, construction of Sage Street, obliteration of the unnamed street roadbed by the Idyllwild Subdivision developer, and reservation of any required utility easements. Public discussion was opened at 7:45 p.m. Abigail Van Allen: 5 Woodland Mounds Road, expressed her belief that development proposals should not dictate the land use policy of the Peninsula Area. She noted that the item regarding land use on the Peninsula predates the development proposal for the area. She indicated that the rezoning was first considered in December of 1988 and was recommended by the Commission in March of 1989. Van Allen stated that the justifications for the downzoning of the Peninsula were thoroughly discussed during discussions for the Comprehensive Plan Update. She asked Scott to explain why the Planning & Zoning Commission had not yet resolved the zoning Issue. Scott responded that he had stated several months before that the development and zoning issues would not be treated separately. He indicated that this was out of fairness to the landowners and to allow public airing of the development Issues. Scott stated that the development items were proposed before they appeared on a formal agenda. He Indicated that the fraternity and sorority complexes were being discussed with staff at least one year ago. He said it would be unfair to downzone property when a development proposal is being discussed. Scott stressed that the Commission has been trying to treat both Issues in a fair and equitable manner with a complete public airing. i I ; I� j i Planning & Zoning Commission December 7, 1989 Page 4 Van Allen questioned the Issue of fairness and whether the approach taken was fair to the current residents of the Peninsula Area. Scott responded that ownership Includes some development rights which must be considered. Jean Gilpin, 301 Taft Speedway, asked if the function of the unnamed street is relocated to Sage Street who will be given the opportunity to purchase the property, Franklin responded that generally half of the property would be offered to each abutting property owner. She indicated that 25 feet would be offered to the Elks Lodge and 25 feet to the owner to the east. She said that if either party chooses not to purchase the offered property, the other owner will be given the opportunity to purchase the entire rightof- way. Gilpin asked if a divider would be placed between the properties. Franklin responded that this would be a decision to be made by the Individual property owners. She Indicated that if there is a problem, such as might be presented by the Elks' golf practice range, the responsibility would go to the owner causing the problem. Margaret McDonald, 400 Foster Road noted that the back yards of homes In the Idyllwild Subdivision will be facing what was the unnamed street. She expressed concern with the appearanceand asked if screening will be provided. She also indicated that she believed the street vacation is proceeding quickly and that many - questions have not been addressed. M Scott stated that since there are only residential zones involved, there is not any requirement for screening between the uses. Richard Smith. 1702 Flatiron, introduced himself as the president of the Iowa City Elks +� Lodge. He expressed the consensus of the Elks Board and Trustees to support the } vacation of the unnamed street. He indicated they would also like to see the utilities moved to Sage Street. He said the Elks Lodge is Interested in the property, but he noted that as they are a non-profit organization there is uncertainty regarding their ability to enter into the bidding. Smith expressed concern about the proximity of the back. i yards to the Elks' practice range. He indicated that a safety fence will be needed. He said the Elks would prefer not to Incur the expense of the fence. Kenneth McDonald, 400 Foster Road, expressed his agreement with the previous speakers. He indicated that the practice range presents a hazard to persons to the Ii east of the unnamed street. He asked that some type of restriction be placed on activities in the portion of the lots which is made up of land that has been vacated. 7 Public discussion was closed at 8:04 p.m Cook moved to approve V-8907, the vacation of the unnamed street between Foster Road and Taft Speedway subject to final approval of the Idyllwild Subdivision, the construction of Sage Street which Is the north -south street proposed within the Idyllwild Subdivision and located approximately 130 feet east of the unnamed street right-of-way, obliteration of the unnamed street roadbed by 4 i Planning & Zoning Commission December 7, 1989 Page 5 the Idyllwild Subdivision developer, and reservation of any required utility easements. Hebert seconded. Cook indicated he believes relocation of the utilities will benefit the Elks and greatly enhance the value of the land. He stated that the Elks Lodge is a non-profit organization and because of this, when the sale of the land is discussed, a land swap might be a possibility; he suggested a buffer along the river. He stated that he personally will never approve a subdivision along the river without a publicly dedicated buffer between the subdivision and the river. Clark asked if there are specifications for a safety fence, if the practice range presents a problem to the residences. Franklin stated that she is not aware of any standards for such a divider. Gentry Indicated that the primary obligation will be on the Elks. Franklin explained that in zoning the protection of the residential use is usually given highest priority and it is the obligation of the non-residential use to protect the residential use. The motion carried 7-0. 2. S-8937. Public discussion of an application submitted by Oakes Construction for preliminary plat approval of Idyllwild Subdivision, a 20.8 acre, 63 -lot residential subdivision located south of Foster Road, west of North Dubuque Street, north of Taft Speedway, and east of unnamed street. (45 -day limitation period: January 2, 1990.) Franklin informed the Commission that staff reviewed the proposal under the current RS - 8 zoning for the property. She indicated that the proposal has a lower density than the maximum allowed in the RS -5 zone. She stated that a revised plat had been submitted showing that Lots 1-12, 42, 43, and 21-25 are intended for the construction of duplex structures. She noted that these lots are located on Idyllwild Street and Vandalic Avenue. She stated that duplexes are allowed in the RS -8 zone but not in the RS -5 zone. Franklin addressed the issue of the roadways. She indicated that the Subdivision Regulations will require that the developer petition the City Council to improve Taft Speedway and Foster Road and waive any rights to protest assessment. Staff recommended that if the Idyllwild Subdivision is approved; the upgrading of Taft Speedway to local street design standards be proposed as part of the Capital Improvements Pian (CIP) for Fiscal Years 1991-1993. Franklin Indicated that staff had recommended that the portion of the subdivision, including Vandalic Avenue and Vandalic Court, be redesigned to eliminate the two double frontage lots on Foster Road. She stated that the Commission indicated at Its Informal meeting that this did not seem to be necessary. Franklin noted that the block between Vandello Court and Foster Road is less than the block width required in the Subdl i i R 1 ti S v s on egu a ons. he stated that the Commission can waive the block width requirements. I' i !I i 'f Planning & Zoning Commission December 7, 1989 Page 6 Franklin addressed a concern expressed by Scott regarding stagnation in the stormwater detention facility. She indicated that the developer will be required to submit calculations and drawings to demonstrate compliance with stagnation control measures before the final plat can be approved. Scott asked if stormwater calculations had been submitted. Franklin responded that they had been submitted and approved by the Engineering Department for preliminary plat approval. Cook asked what street improvements the neighbors would be responsible for through assessments. Franklin responded that neighbors with frontage on Taft Speedway and Foster Road would be subject to assessment. She stated any over -sized paving would be paid out of the City's general fund, but the basic 28 feet would be funded by assessment. Reid asked if the developer would be responsible for upgrading the streets. Franklin responded that the Subdivision Regulations do not require the developer to upgrade roads that are not within the subdivision. She stated that when the demand requires the improvements, all abutting property owners will be assessed for improvements. She stated that this proposal is distinguishable from the next item because none of the Idyllwild lots have Taft Speedway as their sole means of access.' Public discussion was opened at 8:23 p.m. Abicail Van Alien, 5 Woodland Mounds Road, stated that the previous proposal for this tract had additional requirements. She asked why they were not included with this proposal. Franklin explained that the major requirement with the previous proposal was in regard to access to Taft Speedway. She noted that none of the lots in the current proposal have direct access to Taft Speedway. She indicated that emergency access is provided by Sage Street, Vandalic Avenue, and Idyliwild Street, and these streets will all be built to Floodplain standards. Franklin clarified that the Floodplain Ordinance requires that streets be elevated to one foot below the floodplain level and that lots be elevated to one foot above the floodplain level. She stated that building permits cannot be issued until lots are shown to be at the required elevation. Margaret McDonald, 400 Foster Road, asked who will be responsible for maintaining .the stormwater management basin. Scott responded that the developer had indicated that this would be the responsibility of the homeowners whose lots contain a portion of the basin. He stated that if the area is not maintained, the City can care for the area and assess the property owners. Gentry stated that a Homeowners Association would be her recommendation to insure that the area is properly maintained. In response to a question from McDonald, Gentry said monitoring is easier when there is a Homeowners Association. McDonald urged the Commission to require a written assurance that the area will be properly maintained by an organization. Samuel Fahr, 6 Knoliwood Lane, noted that the proposal is being evaluated under the RS -8 zoning which allows duplexes. He Indicated that Item No, 4 on the agenda is the proposed downzoning of this tract to RS -5 which does not allow duplexes. He asked i i li j I {, Ii_ r j. i. '1' Planning & Zoning Commission December 7, 1989 Page 7 what would be the effect of approval of the development under the RS -8 zone if the tract Is then clownzoned to RS -5. He also asked for an explanation of the order of items on the agenda. Scoff explained that the logical assumption would be that if the development passes then the downzoning will fall. Scott Indicated the order of the Items on the agenda Is the result of a request by the Chair In an attempt to keep the items straight. He stated that many people have Indicated they would have preferred to have the downzoning considered first, but the order had been decided upon and for the sake of clarity, remained as announced. Dierks clarified for the public that the downzoning will be voted on In separate sections and not as an entire tract. Scott explained that there would be separate motions for the three tracts defined as Idyllwild, the Glasgow tracts, and the remaining tracts In the area. Scoff stated that the order of the items on the agenda does not affect the Inclinations of the Commissioners to vote on specific items. Margaret McDonald, 400 Foster Road'stated that the Issue of duplexes In the Idyl . Iwild Subdivision seems to be critical. She expressed her hope that the Commission would follow the recommendation of the Comprehensive Plan for RS -5 zoning with single- family residences. Scoff stressed that the proposed Idyllwild Subdivision has less than the maximum density allowed In the RS -5 zone. McDonald expressed concern with the 20 duplexes with a total of 83 dwelling units in the subdivision., Abigail Van Allen 5 Woodland Mounds Road Indicated that she believes density is not the primary issue, but the preservation of a neighborhood of single-family residences Is. She expressed concern that property values will be decreased and the neighbor- hood will be destroyed. She asked Gentry If It Is possible to refuse an asse, for Improvement of Foster Road. Gentry responded that it can k 6 , se men r e c a enged in Court, Franklin reminded the audience that development Is expected to occur within the City limits unless the land is purchased by someone and put Into a preserve. In response to a question from Smith, she said Foster Road will serve as a collector road for the development of the Peninsula Area and will be Improved for Its length. She indicated Taft Speedway will be Improved at least to the most westerly north -south street, as Is recommended by staff In the CIP. Public discussion was closed at 8:48 p.m. Cook moved to approve S-8937, the preliminary plat of Idyllwild Subdivision, a 20.8 acre, 63 -lot residential subdivision located south of Faster Road, west of North Dubuque Street, north of Taft Speedway and east of an unnamed street, subject to waiving the width of the block on the east side of Vandello Avenue between Foster Road and Vandello Court to less than the 220 feet as required by Section 32-54(a)(5) of the City's Subdivision Regulations. Hebert seconded. i Planning & Zoning Commission December 7, 1989 Page 8 Cook Indicated that he believes the Planning i£ Zoning Commission has the responsibility to provide housin t d t g o mo era e -income people. He stated that as an appraiser he does not believe duplexes depreciate the property value of single-family I residences and indicated that if they did, developers would not mix the two types of (: housing. Clark asked for a clarification of how many units could be allowed on this tract under RS -5 zoning. Franklin responded that 104 Is the maximum without taking out streets. Dierks indicated she views the area as being environmentally sensitive. She stated she i` would have preferred to have seen environmental regulations in effect before f' development in this area occurred. She stated that the 104 dwelling units that could { be allowed in the RS -5 zone can be misleading because after streets have been taken out there is generally a substantial reduction in the number of units permitted. i �c Scott stated that those who have consistently attended the Commission's work sessions know that the Commission has struggled to deal with environmentally sensitive areas and have sought ,tools such as, the PDH Overlay Zone. He indicated that the Commission is closer to getting a PDH Overlay Zone, but that for this area It has had II to impose its own hybrid PDH zone. Scott stated that the developer has agreed to limit density to less than the RS -5 maximum in order to maintain the existing RS -8 zoning. He indicated he would be disappointed if members of the public believe the } Commission was not honest or up -front in regard to where the Commission was j heading. He stressed that there was a specificrequest at the informal meeting for the I{- developer to indicate which tots would be intended for duplexes. He stated this should have made it clear that duplexes were a part of the proposal. He noted that the RS - 5 zone would allow 104 dwelling units and the proposal has only 83 dwelling units. i I Reid indicated that she was also confused initially by the order of items on the agenda as were many of the public. She stated she would vote in favor of the proposal because its density is less than the maximum allowed in the RS -5 zone and she is comfortable with this. Scott informed the public that the reason for applying the hybrid PDH Overlay Zone was In order to address many of the concerns of the neighbors. The motion carried 6.1 (Dierks voting in the negative). Cooper moved to recommend to City Council that the Capital Improvements Plan (CIP) for Fiscal Years 1991-1993 include the upgrading of Taft Speedway to local street design standards. Cook seconded. Cook moved to amend the main motion to include in the budget a bicycle path or walkway along Taft Speedway to integrate the subdivision and the neighborhood In general to Terrell Mill Park. Hebert seconded. ■ Planning & Zoning Commission December 7, 1989 Page 9 is A Clark asked if additional right-of-way would be required. Gentry responded that ten feet k is needed for a bike trail. Clark asked if the neighbors would be required to give up more land In the condemnation process. Franklin responded that if a sidewalk/bikeway i; were placed on only one side of the road, this should allow for sufficient right-of-way. Clark indicated he would be more comfortable with answers regarding the possible cost to the City and loss of property to the neighbors. Scott stated these Issues could be is decided by the City Council. I. The motion to amend the main motion carried by a 6-1 vote. (Clark voting In the negative.) The motion as amended carried by a 7.0 vote. 3. S-8907, Public discussion of a request submitted by Development International Associates, Ltd., for approval of a preliminary Planned Development Housing (PDH) and Large Scale Residential Development (LSRD) plan and of a preliminary plat of a seven lot subdivision for the construction- of six Fraternity and Sorority houses located immediately west of Terrell Mill Park and south of Taft Speedway and known as University of Iowa Greek Complex. (45 -day limitation period: December 8, 1989.) Franklin Indicated that the Commission had received her memorandum which noted that no revised plats had been received as of the date of mailing. She stated that the Commission had requested that the applicant do a number of things, as follows: 1) decrease the number of buildings from six to four, 2) decrease the occupancy of the development from 290 to 240, 3) commit to the improvement of Taft Speedway to local street design standards from Dubuque Street west to the first north -south street between Taft Speedway and Foster Road, 4) submit a proposal for the restoration of the wetlands, 5) agree to pay for off-site Improvements in the form of a bridge across the creek from the site to Terrell Mill Park and a walkway across the park, 6) provision of a public access easement from the park, over the walkway, throughthe site to Taft Speedway, and 7) a restriction. on outside amplification. Franklin. stated that the developer had brought a sketch to the December 4, 1989, Informal meeting showing four structures and with some indication of plans for restoration of the wetlands. She said staff maintains its original recommendation of denial for S-8907 based on the proposal's incompatibility with the surrounding land uses. She indicated that the, proposed use for the area is single-family residential. Franklin noted that the Commission had copies of a letter from Chairperson Scott to the developer dated November 20, 1989, stating that no further delays would be warranted and the Commission intended to vote on the proposal on December 7, 1989, as originally submitted. She stated that the Commission also had copies of a letter from the developer to Chairperson Scott dated November 16, 1989, requesting a deferral to February 16, 1990. Public discussion was opened at 9:11 p.m. i I it IJ f ) J � i j 3 i i i Planning ✓i Zoning Commission December 7, 1989 Page 10 Robert Downer attorney for the developer, reiterated that a deferral until February 16, 1990, had been requested. He indicated that the first document regarding the proposal had been filed on February 8, 1989. He stated that since that time the developer has been attempting to meet various requests for refinement in the plan and to address issues such as the wetlands and street Improvements. Downer said the recommenda- tion for the Capital Improvements Plan may address his legal concerns regarding street Improvements. He informed the Commission that the plan had been further revised since December 4, 1989, to show decreases in both the number of buildings and the density. Downer indicated that the developer plans to comply with all applicable regulations for restoration of the wetlands. He stated the developer has no problems t with the requirement for off-site improvements. He said the developer had suggested j.; the restriction on outside amplification himself and has other ideas for noise reduction. He left the new plans with the Commission as evidence that the developer is continuing to address concerns. 0 Dierks asked if the developer has talked with the University of Iowa regarding the use of the "University of Iowa" name. Downer responded that the "University of Iowa" name is not Intended to be a part of the subdivision title, but is merely descriptive to indicate that use will be restricted to fraternities and sororities that have been approved by the University of Iowa. He stated that the developer is not attempting to appear to be affiliated with the University of Iowa. Dierks indicated that she had spoken with legal counsel for the University of Iowa who was unaware of the use of the name and had indicated she would object to this use. Downer responded that there would be no objections to making any approval of the development subject to final approval of the name. Cooper indicated that he had initiated the topic at the first meeting where discussion of this item had occurred and had been told by the developer that the "University of Iowa" would be taken off of the plans. Downer noted that it had been removed from the most recent plans and agreed to make sure it was removed from all file documents. Reid asked for Downer to elaborate on the developer's Ideas to control noise. Downer responded that a restrictive covenant would Involve the prohibition of the mounting of speakers on the outside of any structure or the placement of speakers in windows. He stated this addresses the concern that large amplifiers could be placed in windows. He indicated that planting a thick hedge with sound -absorbing qualities to a given height would act as a buffer for noise in the area. In response to a question from Reid, Downer stated that the proposed structures are 21/2 stories in height. Reid indicated that it would take quite some time for plant material to reach even a height of 15 feet. Downer responded that the covenant would prevent the outside amplification. Reid then asked Downer to clarify the purpose of a hedge. He said It would buffer other noises, such as group sounds at a ground level. In response to a question from Reid, Downer said enforcement would be by the Iowa City Police Department and the owners of the structures could enforce compliance with the covenant through the Court system. Cook asked if there had been a decision regarding a mix of fraternities and sororities on the site. Downer responded that the reduction in the number of buildings had made t C; OOIX 1 j. it I , 1 j. it I 1�' I II i r� I t 6 Planning & Zoning Commission December 7, 1989 Page 11 the concept of a mix impractical. He Indicated three options had already been received from fraternities. Franklin noted that correspondence had been distributed to the Commission on December 4, 1989, from Katherine Gay regarding traffic, noise, litter, environmental 'concerns, and the ambience of the Dubuque Street entrance. Dierks, Cooper, and Cook all indicated they had received calls from Yaeger in opposition to the proposal. Scott stated he had received a call from Iry and Charlotte Larson in opposition and he noted that he had an extended conversation with John Hake of the Geography Department. Robert Wachal. Chairperson of the Iowa City Riverfront Commission, Indicated he was representing the Riverfront Commission. He stated they had sent a memorandum to Scott concerning this proposal He said the Riverfront Commission is concerned with zoning in the Peninsula Area as it relates to the river. He stated that the Riverfront Commission had reviewed the original Idyllwild proposal and determined there was no negative impacts on the river. He offered this as evidence that the Riverfront Commission is not opposed to all development in this area. He stressed that the Riverfront Commission wants strict adherence to regulations that govern development In the floodplain. Wachal explained that the Riverfront Commission is concerned with what any property owner might do with property along the river. He expressed concern that not following the zoning recommendation for the area as presented in the Comprehensive Plan would appear to be spot zoning. He also indicated there is concern with any action that could be deleterious to the river. He stated that the. Riverfront Commission will review the issue as it concerns the river and primarily in regard to the restoration of the wetlands. Wachal stated that the Riverfront Commission Is mindful of the fact that some of the wetlands area has been lost and wants to preserve that which remains. He stressed that the Iowa River is a major asset to the City. Samuel Fahr. a Knollwood Lane, asked Downer who the private covenants restricting noise would run to. Downer responded that they would run to the owners of the other buildings on the site. Fehr asked if the other owners could be relied upon to enforce the restrictive covenants. Downer responded that the City Noise Ordinance would also offer restrictions, Fahr explained that covenants are only valuable if the person they run to opposes the noncompliance. He questioned the reliability of depending on police enforcement of the Noise Ordinance and noted that noise is the loudest when the police have other concerns to address. He expressed doubt that neighboring fraternities would force compliance onto the others or complain to the police about the noise level. He cited the current situation with the fraternities on North Dubuque Street and Indicated it's a delusion to believe the situation would be different on the Peninsula, Karen Hradek 924 Hudson Avenue, expressed concern with preserving the entryway to Iowa City, the neighborhood, the riverfront, and parklands. She stated the proposal would have a negative Impact on all four of these concerns, She noted that the river serves as a natural amplifier for this area. She asked that the sanctity of neighborhoods be considered. i i i I i i i Planning & Zoning Commission December 7, 1,989 Page 12 Claudia Horick 1411 Oaklawn Avenue, expressed her agreement with the letter from Mrs. Katherine Gay and the previous speaker. She stated she disapproves of the development at an entryway to the City and stressed the need t should appear to visitors. o consider how the City Marty Eicher 1609 RideeRoan stated she agreed with the previous two speakers and Mr. Fahr. She said she feels strongly about the detrimental effects the development. could have on the environment. She also noted current problems with noise in the area from City Park and stated the proposed development would increase this problem. Margaret McDonald 400 Foster Road, stated her strong disapproval of the proposal for reasons already mentioned. She noted that the noise from the present Dubuque Street fraternities is a problem. She indicated that evergreens have been planted on her own lot and take time to achieve the height and density needed to serve as a sound buffer. She stated that staff has recognized from the beginning that this is an incompatible use with the other residences in the area. She expressed her hope that the area will remain preserved as a family neighborhood. Mrs. Joseph Howe 1635 Rid-ge Road, stated that her husband was Chair of the Planning and Zoning Commission for several years and had written the first Floodplain Ordinance for, Iowa City. She indicated that he had believed strongly that building should not occur on the floodplains, She said she has numerous photographs that showed the problems of flooding with both this tract and Taft Speedway. She stated noise is currently a problem and indicated that traffic problems can only increase if 240 young people with cars are added to the area. Public discussion was closed at 9:47 p.m, Cook moved to approve S-8907, the preliminary Planned Development Housing (PDH) and Large Scale Residential Development (LSRD) plan and a preliminary plat for the construction of four fraternity and sorority houses located immediately west of Terrell Mill Park and south of Taft Speedway, subject to 1) a decrease in the occupancy load of the project from 290 to 240, 2) commitment by the developer to the Improvement of Taft Speedway to City standards from Dubuque Street west to the first north -south road between Foster Road and Taft Speedway, 3) submittal of a proposal for the restoration of the wetlands and approval of same from all federal, state and local agencies, and compliance with all state and federal regulations dealing with wetlands, 4) installation of a bridge across the creek from the site to Terrell Mill Park and a walkway In the park at the developer's expense and the provision of a public access easement from the park over a walkway through the site to Taft Speedway, 5) prohibition on the use of music amplification equipment outside, and 6) Installation of a bus stop which would Include a pull - off lane on the southbound lane of North Dubuque Street. Hebert seconded. I j + '1 1 I I I i Planning & Zoning Commission December 7, 1989 Page 13 Reid indicated she would be voting against the proposal primarily for reasons stated j by Wachal regarding the wetlands and environmental issues. She also noted that she sees the proposal as being incompatible with the surrounding land uses. ! r1. Cook expressed his confidence in the Commission even when they disagree with him. I He stated he had indicated early in the process that it would be a travesty to see this . land developed Into a series of single-family lots all the way to the river. He noted that whatever development occurs in this area will need to be clustered near the road and away from the wetlands. He stated that it is essential to integrate the development with ! f Terrell Mill Park with a trail and a pedestrian bridge. He indicated the Commission had suggested a number of criteria which could result in approval. He noted these included protection and restoration of the wetlands according to requirements of the Department 1 of Natural Resources and the Corps of Engineers, a lower density to reduce potential congestion and reduce runoff from the parking area and completion of Taft Speedway i at the developer's expense from Dubuque Street to the proposed Idyllwiid Road to spare the neighbors the cost. He stated that other _requirements included the _ _ - improvement of a bus turnoff on Dubuque Street and a trail system linking the project I with the park. Cook said these would be difficult and expensive criteria to meet and he would be likely to Insist that any subsequent development meet the same criteria He stated that if the developer is willing to meet these criteria, it would be unfair to vote against a proposal which the Commission has shaped. He Indicated his preference would be to defer the project for 60 days and let the developer meet these criteria. Cook stated that over a 25 -year period, the value of the taxes for the proposed fraternity complex would be approximately $380,000 to the City. He noted that the acquisition i i) of the land and ongoing maintenance as parkland would be additional cost for the City. He stated that if the City is interested in adding parkland, It would be more prudent to approve the project subject to the stated conditions and use easements to control the wetlands adjacent to the river and to link the development to the park. Cook stated that the City could negotiate for the purchase of the ten acre parcel to the I west which is over 75% wetlands. He stressed that this tract would be much more difficult to develop and would be considerably less expensive for the City to purchase. He stated this tract could also be linked to Terrell Mill Park and to the Dubuque Street trail system. He Indicated this would allow the City to finance the parkland acquisition and maintenance from taxes generated by the fraternity complex and to use the parcel to the west to isolate and buffer the fraternity development from the rest of the neighborhood. He noted that this would give the City the benefit of a continuous park and a fully improved road at a small fraction of the cost of acquiring both parcels. He indicated that the neighborhood has demonstrated its concern, its ability to organize effectively, and in the case of the Idyllwild proposal, the willingness to commit funding j for the good of the area. He stressed that it is critical to bring these tools to bear in constructive ways as the situation evolves. He emphasized that the defeat of one proposal will not preclude future development. Cook stated it is the function of the Commission to decide land use issues apart from the political process as much as is possible. He indicated there is a need for people to consider why they are opposed to the project, such as its density, size, or the type of housing to be provided. a/8a- • Ii 17 Planning & Zoning Commission December 7, 1989 Page 14 Scott stated he is unaware of an area that has consumed more time of the neighbors, affected parties, staff, and the Commission than the Peninsula Area. He said the charge of the Planning and Zoning Commission is to balance the Interest of all parties based upon land uses In the specific area. He stated that he probably led most of the negotiations with the developer for changes in this particular proposal in an attempt to meet the interest of all members of the Commission, the residents, and the City of Iowa City. Scott Indicated that in spite of'the many changes in the original proposal, Including the reduction in density and the agreement by the developer to fund some of the public improvements, he finds himself agreeing with staff's initial recommendation. Scott noted that the developer has not agreed to fund all of the recommended improvements, Scott stated he had come to a conclusion in agreement with staff's position that the use is incompatible with the surrounding area. He expressed his Intention to vote against the proposal. The motion was denied by a 2-5 vote. (Cook and Hebert voting in the affirmative.) Scott requested an affirmative motion to send to City Council. Reid moved to deny approval of S-8907 with the same subjects that were enumerated in the previous motion. Cook seconded. The motion carried by a 5- 2 vote. (Cook and Hebert voting in the negative.) 4. Z-8910: Public discussion of a City -initiated rezoning of a portion of the Peninsula Area generally bounded by Foster Road, North Dubuque Street, the Iowa River and the Elks Country Club from RS -8 to RS -5. (45 -day limitation period: waived.) Franklin stated that the proposal had been originally presented to the Commission on August 17, 1989, in conjunction with two other zoning actions that would Implement the Comprehensive Plan. She clarified which tracts were recommended for rezoning. Staff's original recommendation was downzoning the entire area to RS -5. She noted that the downzoning of the Idyllwild Tract would be inconsistent with the Commission's intent as demonstrated by its vote on the Idyllwild Subdivision. Public discussion was opened at 10:05 p.m. Jim Glasgow, R.R. 6, asked for clarification of the method of the rezoning. Scott explained that the intention of the Commission would be to vote on two separate motions for the Idyllwild Tract, the Glasgows' Tract and then the remaining areas. Glasgow stated that the tract that he owns is not, in fact, a wetlands according to his own study. He also stated that the entire area should be considered as one to avoid spot zoning. Margaret McDonald, 400 Foster Road stressed that the Corps of Engineers does view the tract as a wetlands and has asked Glasgow to remove all fill from the property. She stated the tract to the west is definite) a wetlands and resented the Commission with y P correspondence from the Corps of Engineers to verify this opinion. i i i i �I l I {; j i•: e i Planning & Zoning Commission December 7, 1989 Page 15 Samuel Fahr. 6 Knollwood Lane, expressed his belief that the majority of the Glasgow tract is suitable for single-family residences. He stated that RS -5 would be an appropriate zoning for the area. Robert Wachal, stated that defining wetlands is a complex issue and noted that several different tracts are being considered. He informed the Commission that the definition was changed from one which concerned a property's relationship to the river to one which concerned the presence of a certain type of vegetation. Wachal stated that the placement of fill on the property obliterated the vegetation. He indicated that a natural channel still seems to flow through the Glasgow tract. Wachal stated that be believes any land along the river that is special in any respect and is aesthetically valuable should be preserved. He said the Ad Hoc Environmental Committee had made recommendations that have been slow in being brought Into a legally manageable form. He stressed that natural features help to bring people to the community and can be economic assets that need to be protected without harming the developmental rights of others. He emphasized the need for an established procedure to preserve natural assets in an orderly manner while protecting those with a direct economic stake in the land. In response to a question from Abigail Van Allen, Scott stated that staff has been working on environmental regulations and City Council has made this a priority item. Jim Glasgow requested that his tract be considered separately from the Bruce Glasgow tract due to differences in the land. He stated his tract is partially developed and is more similar to the Idyllwild tract. Public discussion was closed at 10:18 p.m. Dierks moved to rezone tract #1, the Idyllwild Tract, from RS -8 to RS -5. Hebert seconded. The motion was denied by a 2-5 vote. (Dierks and Hebert voting in the affirmative.) Cooper moved to deny reioning tract #1, the Idyllwild Tract, from RS -8 to RS -5. Dierks seconded. The motion to deny carried by a 5.2 vote. (Dierks and Hebert voting in the negative.) Cooper moved to defer the rezoning question on the two Glasgow Tracts to the second formal Planning and Zoning Commission meeting in September of 1990 with said deferral based on allowing the City time to Investigate the possibility of funding for the acquisition of the properties to add to Terrell Mill Park. Cook seconded. Clark expressed concern about the priorities of the Parks and Recreation Commission regarding the acquisition of parklands. Franklin responded that the Parks and Recreation Commission has endorsed the Open Space Plan which is a part of the Comprehensive Plan that was adopted in June of 1989. She stated this plan did not I J; I -. j Planning & Zoning Commission December 7, 1989 Page 15 Samuel Fahr. 6 Knollwood Lane, expressed his belief that the majority of the Glasgow tract is suitable for single-family residences. He stated that RS -5 would be an appropriate zoning for the area. Robert Wachal, stated that defining wetlands is a complex issue and noted that several different tracts are being considered. He informed the Commission that the definition was changed from one which concerned a property's relationship to the river to one which concerned the presence of a certain type of vegetation. Wachal stated that the placement of fill on the property obliterated the vegetation. He indicated that a natural channel still seems to flow through the Glasgow tract. Wachal stated that be believes any land along the river that is special in any respect and is aesthetically valuable should be preserved. He said the Ad Hoc Environmental Committee had made recommendations that have been slow in being brought Into a legally manageable form. He stressed that natural features help to bring people to the community and can be economic assets that need to be protected without harming the developmental rights of others. He emphasized the need for an established procedure to preserve natural assets in an orderly manner while protecting those with a direct economic stake in the land. In response to a question from Abigail Van Allen, Scott stated that staff has been working on environmental regulations and City Council has made this a priority item. Jim Glasgow requested that his tract be considered separately from the Bruce Glasgow tract due to differences in the land. He stated his tract is partially developed and is more similar to the Idyllwild tract. Public discussion was closed at 10:18 p.m. Dierks moved to rezone tract #1, the Idyllwild Tract, from RS -8 to RS -5. Hebert seconded. The motion was denied by a 2-5 vote. (Dierks and Hebert voting in the affirmative.) Cooper moved to deny reioning tract #1, the Idyllwild Tract, from RS -8 to RS -5. Dierks seconded. The motion to deny carried by a 5.2 vote. (Dierks and Hebert voting in the negative.) Cooper moved to defer the rezoning question on the two Glasgow Tracts to the second formal Planning and Zoning Commission meeting in September of 1990 with said deferral based on allowing the City time to Investigate the possibility of funding for the acquisition of the properties to add to Terrell Mill Park. Cook seconded. Clark expressed concern about the priorities of the Parks and Recreation Commission regarding the acquisition of parklands. Franklin responded that the Parks and Recreation Commission has endorsed the Open Space Plan which is a part of the Comprehensive Plan that was adopted in June of 1989. She stated this plan did not 'i I T° -. 'i Planning & Zoning Commission December 7, 1989 Page 16 prioritize areas, but the Peninsula area was not noted as an area in need of parkland due to the proximity of Terrell Mill Park and City Park. Clark stated that he would not recommend a park in this area as a solution to a local problem. He said he believes that if funds are available, regardless of the source, they should go to the City as a whole and not a particular area. Cook said he believed the proximity of the Terrell Mill Park to City Park is a part of the . same recreational system and an addition in this area would benefit the City as a whole: He stated that his opinion of how parklands should be acquired remains the same as previously stated. Reid asked if the wetlands will need to be restored if the area remains zoned at RS -8. Franklin responded that the rezoning is irrelevant to the restoration of the wetlands. She noted that there will need to be compliance in the restoration of the area that has been encroached upon. Scott stated that he had indicated at the December 4, 1989, meeting that he would make a recommendation regarding the acquisition of parkland. He stated the funds which had been discussed were Parkland Acquisition Funds, REAP funds and private contributions. He said the Mayor will take the proposal to the City Council after the City Manager has investigated the funding possibilities. Scott noted that one goal of the REAP monies is to purchase wetlands, forested areas, and native prairies. The motion carried by a 6-1 vote. (Clark voting in the negative.) Dierks moved to rezone the remaining tracts from RS -8 to RS -5. Cook seconded. Cook stated that the characteristics of the tract with the church make it sufficiently different from the remaining areas to justify it remaining as an RS -8 zone. The motion failed on a vote of 2-5. (Dierks and Hebert voting in the affirmative.) Cook made a substitute motion to rezone Tract #3, the church site east to Dubuque St., from RS -8 to RS -5. Cooper seconded. The motion failed by a 3-4 vote (Dierks, Hebert, and Scott voting in the affirmative.) Cooked moved to deny the rezoning of Tract #3. Reid seconded. The motion to deny carried by a 4-3 vote (Dierks, Hebert, and Scott voting in the negative). Cook moved to approve the rezoning of. Tract #4, the properties located south of Taft Speedway and west of the unnamed street that appear on the map as unshaded. Reid seconded. The motion carried by a 5-2 vote (Clark and Cooper voting in the negative). t r � i Planning & Zoning Commission December 7, 1989 Page 17 recently received to improve the culvert and street p in the area. He indicated this does not seem to be the appropriate time to intrude on this area with comm- i 5. Z-8914. Public discussion of a request submitted by Kenneth and Shirley Renshaw to rezone property located at 1014 and 1016 Hudson Avenue from the RS -8, Medium Density Single-family Residential Zone, to the CC -2, Community Commercial Zone. (45- day limitation period: January 2, 1990.) Franklin reviewed the staff report dated December 7, 1989. Staff recommended denial until the residential property to the south is converted to a commercial use. Franklin noted that a letter dated December 7, 1989, had been received from Merle Trummel in opposition to the proposal. Public discussion was opened at 10:48 p.m. Norval Tucker, 1600 Prairie du Chien Road, indicated he is the owner of 1022 Hudson Avenue. He expressed his desire that the property remain residential. He indicated that the fact that the property is rented to tenants should not sway the Commission's decision. He stated they have rented to a young couple, a family with children, and are now renting to a couple with grown children. He said that the fact that people are required to rent property should not make them second class citizens. He stated he would like to continue to be able to provide housing to families. He indicated. he wants It to be clear that Hudson Avenue is a residential street. He noted that the activities of commercial uses do detract from residential uses. He stated that the proposed zoning would move the commercial activity into the block. Merle Trummel 2725 Hickory Trail, Informed the Commission that he had lived in this area for 35 years and moved out within the past two years. He stated he still owns a lot in this area. He noted that Community Develo menoct o, k Grant (CDBG) funds were Trummel noted that the City is in the process of developing a policy regarding the provision of affordable housing. He said this is an ideal opportunity to keep these homes in the housing stock and to retain the residential flavor of the neighborhood. Karen Hradek presented the. Commission with a letter from Miriam Leinen of 922 Hudson Avenue in opposition to the rezoning. The letter indicated that traffic congestion and the devaluation of property in the neighborhood are likely results of the rezoning. Hradek Introduced herself as the Chairperson of the Miller -Orchard Neighborhood Group. She noted that the zoning change would increase traffic, light, noise, and will serve to decrease property values. She stated that an Increase In the crime rate would also be possible. She informed the Commission that the area is eligible for CDBG funds for housing rehabilitation to maintain the quality of the housing stock. She said she will continue to be against the rezoning of this property, Walter Manuel 924 Hudson Avenue, stated he would like to reiterate the points which had already been made. He stated he would like the area to remain a family oriented neighborhood. Public discussion was closed at 11:02 p.m. i I, it i i { i i { ■ 9 There was none. Public discussion was closed at 11:11 p.m. e: 4 Planning & Zoning Commission December 7, 1989 ;'' Page 18 k k; t Cook moved to approve Z-8914, a request to rezone property located at 1014 and 1016 Hudson Avenue from the RS -8 to CC -2, the Community Commercial Zone. Cooper seconded, j s± In response to a question from Clark, Gentry stated that unless there is an economic Interest, ownership of the nearby lot should not present a conflict of interest. Cook { emphasized the need for affordable housing. Reid agreed with staff's position and noted that it is already a busy area and the rezoning could only Increase traffic problems. Dierks stated she would prefer to defer the vote to allow two public discussions. Gentry I I Indicated there is not a legal obligation to do so. Clark expressed his belief that the area is commercial and should be rezoned as such L when owners make the request. He stated leaving the area as residential serves the function of reverse spot zoning. The motion failed by a 1-6 vote (Clark voting In the negative). Cook moved to deny Z-8914, a request.to rezone property located at 1014 and 1016 Hudson Avenue from RS -8 to CC -2, Community. Commercial Zone. ^ Dierks seconded.... is Scott expressed his agreement with staff's recommendation and indicated his opinion has not changed since the last time this request was considered. Dierks stressed her ( ; preference to have two public discussions on rezonings, but noted that the neighbors were well represented. i The motion to deny carried by 6-1 vote (Clark voting in the negative). Gentry commended the neighbors for their positive presentation. 6. S-8935. Public discussion of an application submitted by Stephen Moss for final plat approval of Moss Woods, a 10.74 acre, eight -lot single-family residential subdivision " located in Johnson County on Under Road, immediately west of Linder Valley Subdivision and Agudas Achim Cemetery. (45 -day limitation period: January 2, 1990.) , Franklin reviewed the staff report dated December 7, 1989. Staff recommended approval subject to approval of legal documents. Public discussion was opened at 11:11 p.m. There was none. Public discussion was closed at 11:11 p.m. I� 1 j Planning $ Zoning Commission Fi December 7, 1989 Page 19 Clark moved to approve S-8935 subject to approval of final legal documents. Reid I' 1 seconded. The motion carried by a 7-0 vote. " 7. 5-8940. Public discussion of an application submitted by Braverman Development, Inc. for final plat approval of Pepperwood Addition, Parts 8, 9, 10 and 11, an approximate 21.32 acre, 82-lot • single -family residential subdivision located west of existing Pepperwood Additions development on Sandusky and Pepper drives extended. (45- j' day limitation period: January 2, 1990.) b Franklin reviewed the staff report dated December 7, 1989. Staff recommended j approval subject to a variation in the subdivision regulation requirements to reduce the I 220-foot minimum block width requirement to 146.74 feet for the block between Pepper -. Drive and Chestnut Court along Birch Street and to modify the cul-de-sac requirements to allow the designs proposed for Balsam and Chestnut Courts as illustrated on the I; preliminary plat. Public discussion was opened at 11:13 p.m. II I' There was none. Public discussion was closed at 11:13 p.m. Cook moved to approve S-8940, final plat for Pepperwood Addition, Parts 8, 9,10 11 ' and 11, subject to the following variations In the subdivision regulation require- ments: reduction of the 220-foot minimum block width requirement to 146.75 feet ` for the block between Pepper Drive and Chestnut Court along Birch Street and modification of the cul-de-sac design requirements to allow the designs proposed for Balsam and Chestnut Courts as Illustrated on the preliminary plat. Hebert }. seconded. Cook stated that he would abstain from voting due to the fact that he had appraised the subdivision. J The motion carried by a 670.1 vote (Cook abstained). j 8. S-8941. Public discussion of an application submitted by S-M Properties for final plat j approval of Oakbrooke Place, a 13.56 acre, 18-lot single -family residential subdivision i! located north of Rochester Avenue, south of Ralston Creek and east of the lots along y Bluffwood Lane. (45-day limitation period: January2,1990.) Franklin reviewed the staff report dated December 7, 1989. Staff recommended approval of 5-8941. Franklin noted that a letter had been received from Joan Lara r obleclina to the subdivision. Franklin noted that thn silt fnnnnn are In ninny ii Planning & Zoning Commission December 7, 1989 Page 20 i; P t Public discussion was closed at 11:16 p.m. Clark moved to approved S-8941, the final plat for Oakbrooke Place. Cook seconded. t Cook Indicated he was uncomfortable with the tone of Mrs. Lara's letter. Cook stressed that growth does apply to other issues in the City. t, , The motion carried by a 7-0 vote. £ I 9. S-8942. Public discussion of an application submitted by American College Testing Program, Inc. for approval of a preliminary Large Scale Non -Residential Development (LSNRD) plan for an 18.6 acre industrial development on property zoned 1-1 and located in the northwest quadrant of the Highway 6 and Scott Boulevard intersection. (45 -day limitation period: January 2, 1990.) `r Rockwell reviewed the staff reported dated December 7, 1989. Staff recommended deferral if ACT chooses to redesign to show two drives and to include a covenant restricting the property to the two accesses. If ACT chooses not to redesign, staff r recommended denial. I j 4 Public discussion was opened at 11:22 p.m. John Harrison. Senior Vice President for Corporate Operations for ACT, introduced j himself. He noted that the LSNRD plan requests two access points on Scott Boulevard, i one for truck traffic and the other for automobile traifc. He indicated there are +' r approximately five acres of land located on the northern and of the property for either ' future development or possible sale to another entity. Harrison stated that at the I December 4, 1989, meeting, staff concurred with the request for two access points on Scott Boulevard and the deactivation of the Highway 6 access point, but staff also asked that a covenant be placed on the LSNRD precluding a third access point in the future. Harrison stated that ACT has concluded that the restriction of the covenant would unnecessarily compromise ACTS ability to either expand onto the northern . ' subparcel or to dispose of it without Incurring substantial financial losses. Harrison i expressed concern that the covenant would be much more difficult to reverse at a future time if a third access point is required than would be approval of such a point via the 1 established LSNRD procedure. Harrison requested that the Commission approve the LSNRD without the requirement of the covenant. Dierks asked if ACT would consider the covenant if it was a matter of the proposal passing or failing, Harrison responded that they would prefer the denial of the proposal by the Commission to allow them to go before City Council t 4 f / Planning & Zoning Commission December 7, 1989 Page 21 Scott suggested approving the proposal with approval subject to the covenant. He Indicated this would allow the proposal to proceed to City Council on a positive note without the impression that the Planning and Zoning Commission disagrees with the plan on issues other than the covenant. Harrison questioned the classification of Scott Boulevard as an arterial. Franklin explained that Scott Boulevard is a primary arterial street and is to function as such. She indicated that at some point it would be constructed as such.' Scott stressed that from the City's perspective, it is better to have the restriction in place and to view changes in the future at that time. Scott indicated he supports staff's position to limit the proposal to two accesses with a third access to be restricted by the covenant. Harrison asked if the LSNRD procedure would offer sufficient review of the possibility of a third access in the future. Scott explained this would be true if ACT were to expand onto the lot itself. He indicated that if the lot is subdivided to a third party, the City would be duty bound to allow additional access. II Public discussion was closed at 11:34 p.m. i _ _ J Cook moved to approve S-8942 theLarge Scale Non•Residential Development (LSNRD) plan for ACT subject to a notation being placed on the preliminary LSNRD plan and a covenant running with the land being submitted l >. limiting access from the site onto Scott Boulevard to two drives. Reid seconded. Cook acknowledged the critical role ACT plays in the local economy. He indicated that the Commission would not have Insisted on the covenant if it did not feel strongly about d- the need to restrict access onto Scott Boulevard. Clark stressed that development Is beginning along Scott Boulevard and it is Important to be consistent In limiting the access onto Scott Boulevard to prevent problems in the i future. Dierks stated she felt strongly about limiting the access to two points and will support the covenant requirement. Scott Indicated his satisfaction that the affirmative vote sends the proper message to City Council with the one point of contention. The motion carried by a 7.0 vote. 10. CU -8902. Public discussion of an application submitted by Terry L Birchmler for a Conditional Use Permit to allow a home business, a workshop and display area for antiques, on a 2.14 acre lot located approximately 1.2 miles southeast of Iowa City. This request is submitted to Iowa City for review and comment pursuant to the Johnson County Zoning Ordinance. Rockwell reviewed the staff report dated December 7, 1989. Staff recommended approval of CU -8902. i Planning & Zoning Commission December 7, 1989 Page 22 Rockwell reviewed the staff report dated December 7, 1989. Staff recommended approval of CU•8902. Cooper moved to recommend to City Council that they Issue a comment that the City is not opposed to the Issuance of a permit to allow a workshop and display area for antiques, on a 2.14 acre lot located approximately 1.2 miles southeast of Iowa City. Reid seconded. i Dierks expressed her hope that there will be proper disposal of all chemicals used on the site. i The motion carried by a 7.0 vote. f OTHER BUSINESS; I' 1. Public discussion of an amendment to the Subdivision Regulations to adopt by reference. Chapter 70 of the Uniform Building Code. Excavation and Grading. Cook moved to defer discussion of an amendment to the Subdivision Regulations to adopt, by reference, Chapter 70 of the Uniform Building Code, Excavation and } Grading, to the Planning and Zoning Commission formal meeting of December 18, 1989. Reid seconded. Scott indicated that John Moreland would be interested in serving on an ad hoc committee regarding this issue: Franklin suggested that an environmentalist should be I j included also. Scott Indicated only a discussion of the process would take place on December 18, 1989 The motion carried by a 7.0 vote. }',