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HomeMy WebLinkAbout1984-08-28 Bd Comm. minutescr° ` `UNARY MINUTES bD Approval � ' "'" " BOARD OF ADJUSTMENT JUNE 13, 1984 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Randall, Slager, Barker, Fisher, VanderVelde MEMBERS ABSENT: None STAFF PRESENT: Knight, Frantz, McCormick FINAL ACTION TAKEN: 1. Z-8407. The application submitted by Russell Miller for a variance to the provisional use requirements of the CB -2 zone to allow the ground floor of the property located at 424 East Jefferson to be used for dwellings was denied. SUMMARY OF DISCUSSION: Randall moved to appoint VanderVelde as acting chairperson for the meeting. The motion was seconded by Slager. VanderVelde called the meeting to order at 4:47. Variance Items: 1. V-8404. Public hearing on an application submitted by Mercy Facili- tie-s—Inc. for a variance to the provisions of Section 36-58(e)(2) regarding screening of off-street parking areas. Knight stated that he had included a memo in the Board of Adjustment packet stating that Mercy Facilities has again requested deferral of their application because they have not yet completed the revised screening plan requested by the Board. Knight noted to the board that he had requested that Mercy Facilities have the revised screening plan prepared for the next Board of Adjustment meeting so that this item could be eliminated from the agenda. Slager moved to defer V-8404 to the next Board of Adjustment meeting in July. The motion was seconded by Randall. The motion carried unanimously. Barker arrived at 4:40 p.m. Vandervelde turned the meeting over to Barker to Chair. 2. V-8406. Public hearing on an application submitted by Mercy Hospital o> r a variance to the sign requirements of the Zoning Ordinance to allow the erection of a private traffic directional sign which exceeds the maximum limitation of four square feet. Barker noted that there was no public in the audience to address this request and that Mercy. Hospital had requested the dismissal of this item. 160 Board of Adjustment June 13, 1984 Page 2 VanderVelde moved to dismiss V-8406. The motion was seconded by Slager. The motion carried unanimously. Fisher arrived at 4:45. 3. V-8407. Public hearing on an application submitted by Russell Miller fora variance to the provisional use requirements of the CB -2 zone to allow the ground floor of the property located at 424 East Jefferson to be used for dwellings. Knight stated that this was a request for a variance to the provi- sional use requirements of the CB -2 zone to al'low`the*applicant-to re- establish the property at 424 East Jefferson Street as a four-plex. He explained that in the CB -2 zone, dwellings are allowed only as a provisional use " ..above or below the ground floor of another principal use permitted in this zone..." The property in question was maintained as a four-plex until March 31, 1981, at which time the last rental permit expired. Sometime prior to that date, the property was acquired by Mercy Hospital. Wendall Wilke of Mercy Hospital indicated to the City housing inspector at that time that the hospital did not intend to use this property as a rental property, and the rental permit did not need to be extended. As a result, the annual housing inspection was cancelled for this property. Each of the next two years the property owner was contacted by City housing inspectors, and each year the inspectors were informed that the hospital was not interested in using this property for rental purposes. On December 31, 1983, the property was rezoned from R3A to CB -2, at which time dwellings became a provisional use. The applicant states on his appeal that "this property has been as a four-plex before, it really cannot be used in a commercial manner, and any variance would not be detrimental to the neighborhood. As it is now, CB -2 causes a great hardship." No evidence is provided to substantiate the claim of hardship. Officials of Mercy Hospital, the owner of the subject property, specifically requested that this property be removed from the City's list of rental properties. Therefore, any hardship which results is clearly of the property owner's own making. Further, the applicant for this variance is not the owner of the subject property. He is considering whether or not to buy the property for use as rental housing. Therefore, he would be entering into the purchase of this property with the clear knowledge of the ordinance requirements pertaining to the establishment of a residential use at this location. Any subsequent claim of hardship would be of his own making. The applicant has stated that the "...land cannot be used in a commercial fact has not been he ev dencesubmitted with the application. Beforeua substantiated can the granted, the applicant must demonstrate that none of the other uses listed in Attachment 4 (attached to the staff report) can feasibly occupy the ground floor of the property in question. If such a showing can be made, the applicant must also demonstrate that the 160v Board of Adjustment June 13, 1984 Page 3 reason another principal use cannot occupy the ground floor is unique to the subject property and not the result of a condition common to other properties in the area. If the difficulty results from a condition common to the neighborhood, that would be an indication that the land is improperly zoned, or that some other problem exists with the requirements of the zoning ordinance. The proper remedy in this case is to rezone the land to a more appropriate zone, or amend the ordinance to correct the problem. Finally, the applicant must demonstrate that granting the variance is " not contrary to the public interest. This requires a.showing .that the proposed use would be in harmony with the purpose and intent of the zoning ordinance. The CB -2 zoning is an indication that the City Council believes the public interest is best served in this area by providing for the "..,orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable peripheral locations for auto -oriented commercial and service uses" as is stated in the intent section of the CB -2 zone. The proposed residential use of this property is not in harmony with this intent. Staff recommends that the requested variance to the provisional use requirements of the CB -2 zone be denied. VanderVelde questioned what a CO -1 district was. Knight replied that a CO -1 district is a zone permitting office commercial use. He stated that when the comprehensive plan was defined it was felt that CB -2 zoning was more appropriate than CO -1 zoning for this area. He explained that the purpose of zoning land around the hospital CO -1 is to allow doctors offices and clinics to locate in that vicinity. VanderVelde questioned whether CO -1 was less likely to have residen- tial uses than a CB -2. Knight replied that a CO -1 zone also permitted residential uses as a provisional use. He pointed out, however, that the Comprehensive Plan specifically called for mixed uses in the area in question. Slager questioned if the CB -2 zone could have residen- tial and business combined. Knight replied that those uses could be combined if the residential use is located above or below the ground floor of another principal use. Knight replied that Mercy had bought this property with the intent to use it for parking, but found it was not necessary after the Central High School had been obtained. They are now trying to sell the property, Public Discussion: Del Richards of 150 East Court Street, attorney for Russ Miller, gave the background of the property. He stated that in 1981 the property was bought by Mercy Hospital. At that time Mercy was very concerned about their parking problem. Their intent was to demolish the building and turn the lot into a parking area. Subsequently, Central High School was purchased by Mercy Hospital and as a result they had no use for this property. This property was purchased by Mercy for $85,000. Richards estimated that the commercial value of this property is less than $40,000. 1&04 Board of Adjustment June 13, 1984 Page 4 The amount Mercy Hospital is asking for this property now is $65,000. Richards expressed the opinion that there was no interest in this property as a commercial property. Richards stated that he made an inspection tour of the area, and discov- ered that the closest commercial use was on Johnson and Jefferson streets. Currently, the majority of the area is occupied by residential uses. He felt that the main problem was that Mercy took this piece of property out of use, which removed its status as a non -conforming use. He felt that the best and most appropriate use for this property was as a residential use. He felt that parking for a commercial use would also be a problem. Richards stated that Mercy did not intend to use this property in the future and that it was very unlikely any commercial use would be made of this piece of property. For these reasons he felt that the property should be put back into residential use. Board Discussion: Randall stated that he had difficulty in finding hardship with this application. He felt that it was difficult to find hardship when Mercy Hospital, the property owner, wasn't present to appeal this request. Richards stated that he felt the reason Mercy was not present at this request was that they had no future use for the property. He stated that his client wished to purchase the property and invest $15,000 into the property and rent it. VanderVelde stated that she felt it was important for this Board to hear the concerns of the current owner. Barker questioned whether the Board of Adjustment had the power to hear from an applicant who was not the owner of the property. Knight stated that according to the Zoning Ordinance, appeals to the Board may be taken by any person aggrieved by any decision of the City Manager or his designee. Barker questioned whether the applicant had signed a purchase contract subject to the granting of this variance. Richards stated that his client had signed a contract to purchase subject to the variance being granted. Knight commented that regarding the parking concerns expressed 'by. Mr. Richards, he had determined there was room for eight parking spaces on this property. If the second floor was used for two dwellings of greater than 800 square feet a total of four parking spaces would be required to serve that use. That would leave an adequate number of parking spaces available to meet the requirements of an office or retail use on the ground floor. Knight showed the Board a sketch demonstrating how the parking places would be accommodated. There was no one present to speak in opposition to this application. Randall stated that he had trouble finding a hardship with this applica- tion. He felt he could be more persuaded (but not enough) if Mercy Hospital were the applicant. He also felt that the property could be sold for doctors' offices. Randall concluded that the Board of Adjustment was restricted in their powers to grant this variance because hardship could not be demonstrated. Board of Adjustment June 13, 1984 Page 5 VanderVelde stated that she felt the owner had given up the rights to their non -conforming use by choice and agreed that the Board of Adjustment was constrained from granting the variance because the applicant had not demonstrated hardship. She stated that she wished the Board had the power to grant a variance to permit a transitional use of the property. Slager stated that Mercy had purchased the property for parking which was of prime importance to them at that time. She felt that uniqueness was present because the property was bought for the land, and after the purchase of Central there was no reason to maintain it. She -questioned whether there was a solution for the problems pointed out which could be made by the Planning and Zoning Commission. Knight stated that the property could be rezoned, or the ordinance amended. He noted, however, that neither of these alternatives was likely. [ Barker stated that he did not feel his decision would have been swayed whether or not Mercy had been present. He stated he understood why the applicant wanted to convert the property back to a four-plex, as opposed to leaving it empty. However, he felt this variance could not be approved within the powers of the Board of Adjustment. Barker requested that a motion be placed on the floor for discussion purposes. VanderVelde moved that V-8407 be granted. The motion was seconded by Randall. DISCUSSION: Slager stated that she saw the hardship in the uniqueness regarding the parking situation at the time Mercy acquired the property. VanderVelde felt that Mercy should have kept the use as a non -conforming use. Stager replied that she did not feel Mercy Hospital was in the rental business. Randall stated that he felt that Mercy's hardship was self-imposed. Slager stated that although Mercy Hospital had self-imposed their hardship, they were not profitting from their self-imposed hardship. She stated that in the past hardship had been connected with the profit income of those who impute the hardship. VanderVelde replied that that came under "no reasonable return." VanderVelde stated that she did find uniqueness in that the property was located so near a boundary line and that it was in a transitional area. Barker stated that regrettably the hardship concept involved no reasonable return possible. He did not feel that the statutory definition of hardship had been met in this application. Fisher noted that according to the Zoning Ordinance, a showing of hardship required the applicant to meet three tests, including reasonable returns, uniqueness and not self-imposed.— The elf-imposed— The motion was defeated (4-1). 1(bby Board of Adjustment June 13, 1984 Page 6 MINUTES OF MARCH 22, APRIL 18, MAY 9, AND MAY 23, 1984: VanderVelde moved to approve the minutes subject to signing and any changes to staff by 5:00 p.m, on Thursday. The motion was seconded by Randall. The motion carried unanimously. OTHER BUSINESS: Knight stated that the Board of Adjustment meeting was set for next week at 4:00 p.m. VanderVelde asked to generate the agenda for the next meeting. The items to be discused are: i j 1. Cost of special exceptions. 2. Guidelines for people applying regarding what is necessary to prove to the Board before coming to the Board of Adjustment. Knight stated that the application forms are in the process of being rewritten and he hoped to have a draft next week. It was decided to cancel the meeting and reschedule after the next meeting. The meeting adjourned at 5:55 p.m. The minutes wtaken -by McCormick. Approved by: Scatt Barker, Chairperson Accepted by: 0 i( oy Aba1 MINUTES PRELIMINARY BOARD OF ADJUSTMENT JULY 11, 1984 4:30 P.M. Subject to Approval CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Slager, Fisher, Randall MEMBERS ABSENT: Barker, VanderVelde STAFF PRESENT: Knight, Boyle, McCormick CALL TO ORDER: Chairperson Fisher called the meeting to order at 4:35 p.m. Slager moved to appoint Fisher temporary Chairperson. Randall seconded the motion. The motion carried unanimously. FINAL ACTION TAKEN: 1. SE -8412. The application submitted by Holiday Inn Iowa City for a special exception to allow installation of uniform signage which deviates from the sign regulations of the CB -10 zone for the property at 210 South Dubuque Street was approved for up to four facia signs with the following conditions: 1. The signs shall be located in accordance with and be no larger than as shown on the drawings dated July 5, 1984 presented to the Board. Specifically, one sign may be placed on the southwest elevation, one on the south elevation, one on the northeast elevation (the smaller of the two alternatives shown), and either one of the restaurant signs as shown. VARIANCE ITEMS: 1. V-8404. Public hearing on an application submitted by Mercy Facilities Inc. for a variance to the provisions of Section 36-58(e) regarding screening of off-street parking areas. Knight stated that the revised screening plan had been received. Addi- tional evergreens have been included in the northeast and northwest corners of the site. Knight submitted photographs of the area in question. Randall stated that during the initial review of this proposal, he had disqualified himself for reasons of conflict of interest since he currently sits on the board for Mercy Foundation. However, due to the small number of Board members present, he indicated he would be willing to participate in the vote, but not the discussion, if it were appro- priate to do so. Boyle replied that it would not be appropriate and that this item would need to be deferred to the next meeting for lack of a voting quorum. Slager moved to defer V-8404 to the August 8, 1984, Board of Adjustment meeting. The motion was seconded by Randall and the motion carried unanimously (3-0). ED Board of Adjustmen, July 11, 1984 Page 2 SPECIAL EXCEPTION ITEMS: 1. SE -8412. Public hearing on an application submitted by Holiday Inn Iowa City for a special exception to allow installation of uniform signage which deviates from the sign regulations of the CB -10 zone for the property at 210 South Dubuque Street. Knight stated that staff had received new drawings of the signs proposed by the applicant, and the new proposed signage is smaller than the original signs proposed. The total square footage had been 819 square feet, whereas the new proposal would total either 548 or 636 square feet depending on which of the alternatives proposed for the northeast elevation is used. Knight observed that the alternative plans have larger signs for the restaurant and lounge, however, the total is still significantly less. Knight reviewed the staff report, stating that the applicant is request- ing a special exception to permit the erection of four facia signs on the new hotel building currently under construction at 210 South Dubuque Street. The CB -10 zone regulations (Section 36-63(f)) state that "two or more block faces directionally apposite, may promote uniform signage along a general design or theme, provided that all tenants and owners agree by petition upon the design or theme. The design or theme may deviate from zonal regulations upon the approval of a special exception by the Board of Adjustment." Knight noted that there was only one owner involved in this action. Knight explained that the sign regulations allow "one (1) on -premises identification and/or advertising facia sign... provided it does not exceed 20% of the area of the front wall of the building. If the building occupies more than one story and the business occupies more than one story, the maximum size signage permitted shall be determined by using 20% of the area of the face or front wall of the building that is occupied by the business." The applicant is proposing four facia signs for the new Holiday Inn. One sign would be located at ground floor and would identify the restaurant and bar. The other three facia signs would be located on the three faces of the top floor of the hotel. Knight stated that the intent of allowing a special exception in this case is to recognize the different signage needs which arise when a business has frontage along opposite sides of a block. In the case of the new Holiday Inn, the building has frontage on Dubuque Street to the south, and College Street to the north. Knight observed that the ordinance specifically provides for a business which has two perpendicu- lar frontages (i.e. a corner lot) by allowing an additional facia sign on the second frontage. Knight concluded by reviewing the request in light of the general standards for granting a special exception, and stated that based on those findings, staff would recommend approval of the special exception to permit up to four facia signs at 210 South Dubuque Street in accor- dance with the submitted plans. Board of Adjustment ^ July 11, 1984 Page 3 Public discussion Gary Conte, CIOCO management, spoke on behalf of Holiday Inn. In response to the question from Slager, he stated that the sign on the northeast elevation shown as extending above the roofline is not the sign the Holiday Inn wished to use. They wish to receive approval for the alternative sign which is 27 feet wide and does not extend above the roofline. He stated that regarding the restaurant and lounge signs, the preferred alternative was that which showed the two signs with approxi- mately five feet of separation between them. Knight stated that if the Board wished to allow some flexibility, they could provide for the use ' lounge signs in their motioof either alternative for the restaurant and n approving the special exception, based on a maximum square footage for all signage. Boyle stated concern about the Board specifying square footage because if there is any miscalculations, the applicant may have to return to the Board of Adjustment. Knight asked Mr. Conte if the proposed sign above the parking ramp would be visible after construction of two additional floors on the ramp as is currently proposed. Mr. Conte replied that according to their studies, it would. There was no one present in opposition to this request. Knight distrib- uted a letter from John H -Lind representing Plaza Centre One which was in opposition to the requested special exception. Board discussion Slager questioned whether the signs would be illuminate at night. Conte replied that they would. Knight referred to the pictures befMr. ore the Board which indicated how the proposed signage would appear. Fisher requested a comment from staff on the letter in opposition. Knight stated that what is proposed is, in the staff's opinion, less objection- able than what is permitted since the applicant would be allowed a sign in excess of 1,000 square feet in area on the wall facing the objector. Knight stated that Andrea Hauer was present to discuss how the proposed signage may be affected when it is reviewed by the Committee on July 12, 1984, before Design Review being sent to City Council for approval. Knight explained that this was required because of the Federal money involved in the hotel project. Hauer stated that the signage proposed in this application must be reviewed and recommended for approval by Design Review to the City Council for approval by resolution. . Then it will go Slager stated concerns that the Board of Adjustment motion be worded in a manner that allows the Design Review Committee some leeway in their rec- ommendations. Hauer replied that the Design Review Committee could work within the framework of the staff's recommendation. Randall stated that he was in support of staff's recommendations. Fisher stated that he felt Board of Adjustmen July 11, 1984 Page 4 that staff's reconmendation was reasonable and consistent with the conditions for granting a special exceptions regarding signage. Slager stated that she approved staff's recommendations. Randall moved to approve the application submitted by Holiday Inn Iowa City for a special exception to allow installation of uniform signage which deviates from the sign regulations of the CB -10 zone for the property at 210 South Dubuque Street for up to four facia signs, with the following conditions: 1. The signs shall be located in accordance with and be no larger than as shown on drawings dated July 5, 1984 presented to the Board. Specifically, one sign may be placed on the southwest elevation, one on the south elevation, one on the northeast elevation (the smaller of the two alternatives shown), and either one of the restaurant signs as shown. The motion was seconded by Slager. The motion carried unanimously (3-0). APPROVAL OF THE MINUTES OF APRIL 25 1984: Randall corrected the minutes of 4-25-84 as follows: page 5, paragraph 4, to read "...Board of Directors for Mercy Foundation...", and page 13, paragraph 1 under Board Discussion, "...intent of the ordinance." APPROVAL OF THE MINUTES OF JUNE 13, 1984: Slager moved to approve the 6-13-84 minutes as submitted. The motion was seconded by Randall. The motion carried unanimously (3-0). The meeting adjourned at 5:15 p.m. The minutes were taken by Colleen McCormick. Approved by Accepted by M MINUTES CIVIL SERVICE COMMISSION SATURDAY, JULY 7, 1984 9:00 AM MEMBERS PRESENT: Maxwell, Murphy, Walker MEMBERS ABSENT: (lone STAFF PRESENT: Carroll 1. Police Selection/Certification The Commission reviewed background information for each of the finalists for the position of Police Officer including: driving record and criminal conviction checks, psychological test scores, employment references, and interview results. Five candidates were eliminated from consideration due to extremely poor employment references and/or dis- charge from previous position. The top 20 of the remaining candidates were then certified in order of standing except that two candidates had driving records which included a questionable number of speeding or other moving violations were moved to the second list. 2. Fire Testing Carroll recommended that the next meeting of the Civil Service Commission include a discussion of Fire testing. Carroll will develop a testing schedule and recommend a process to the Commission. The Commission requested that any change from previous testing processes be sent for their review prior to the meeting and sufficient time be scheduled for discussion of the changes. It was suggested that input be solicited from the Fire Department regarding the test process. 1605 OF PRECEDING DOCUMENT MINUTES CIVIL SERVICE COMMISSION SATURDAY, JULY 7, 1984 9:00 AM MEMBERS PRESENT: Maxwell, Murphy, Walker MEMBERS ABSENT: None STAFF PRESENT: Carroll Police Selection/Certification The Commission reviewed background information for each of the finalists for the position of Police officer including: driving record and criminal conviction checks, psychological test scores, employment references, and interview results. Five candidates were eliminated from consideration due to extremely poor employment references and/or dis- charge from previous position. The top 20 of the remaining candidates were then certified in order of standing except that two candidates had driving records which included a questionable number of speeding or other moving violations were moved to the second list. 2. Fire Testing Carroll recommended that the next meeting of the Civil Service Commission include a discussion of Fire testing. Carroll will develop a testing schedule and recommend a process to the Commission. The Commission requested that any change from previous testing processes be sent for their review prior to the meeting and sufficient time be scheduled for discussion of the changes. It was suggested that input be solicited from the Fire Department regarding the test process. 1605 A' 0) 1 MINUTES SENIOR CENTER COMMISSION JULY 11, 1984 -- 3:00 P.M. SENIOR CENTER CONFERENCE ROOM MEMBERS PRESENT: Mike Kattchee, Henry Fox, Gladys Scott, Bob Jackson (3:10 P.M.) MEMBERS ABSENT: Conrad Browne, Margaret Clover, Bill Coen STAFF PRESENT: Bette Meisel, Karen Fosse OTHERS: Jim Lapitz, Ruth Wagner CALL TO ORDER/MINUTES: Mike Kattchee called the meeting to order at 3:05 p.m. The minutes of the June meeting were read by Kattchee since they had not been included in the mailing, They were approved as read. SPACE APPLICATIONS: Bob Welsh resubmitted a space application and redefined the term warehousing. He wants space to store 200 cases of canned goods. Scott moved to decline the second application, and requested that the presently available storage spaces could be re-evaluated and redesigned. Fox seconded, motion declared carried (4 yes, 3 absent). REPORT ON PERB MEETING: Kattchee reported that PERB person merely took a sworn statement regarding the classification of the Program Specialist. Lori Benz also made a statement and these will be used at a hearing. ADP PROBLEMS: Bette Meisel indicated that as of July 1, 1984 Family Practice is relinquishing their responsibility for the Adult Day Program. The School of Social Work has decided to take it on for four months. Since the program was operated by the University, the community in general had little knowledge of the program. The Adult Day Program is five years .old and is designed to supervise frail elderly who have no other program. Therefore, it may be desirable for the program to be continued. Meisel believes that it is a very good program and should be continued, but it needs some goals and objectives and a board of directors to make sure these goals are carried through. Meisel suggested that the program be expanded to full day in order to have more participants, a larger staff and financial support. Scott raised the question that most of the participants now are residents of the County Home. Kattchee reminded the commission that the objective of the program is to prevent institutionalization. The number of participants from the County Home and other institutions should be determined and the future of AOP will be discussed again. Meisel pointed out that the Commission must be aware of this problem and that a lot of agencies are trying to find ways to keep the program going. Senior Center Commission July 11, 1984 Page 2 SENIOR CENTER UPDATE: Meisel indicated that a problem has developed with the library books. She orders approximately $250 worth of new books each year. A system must be devel- oped to ensure the return of the books. Meisel suggested the possibility of buying a new shelf for her office and having the secretary check books out during the day. This was believed to be the best solution. Jackson moved to proceed with checking out the price of shelves and to set up the check out system. Scott seconded, motion declared carried (4 yes, 3 absent). Meisel brought the Commission up to date on the Center employee status. Pat Ducey leaves the 20th of July. Lori Benz will work half time the week of July 30th, and will be off part of August. Jill Smith wants to return for half time work for six months, in the meantime Karen Fosse will work until August 24th. Meisel reported that the free movies shown every Monday this summer and have proved to be very popular. Meisel announced upcoming events at the Senior Center. Many tours have become so popular that there are 3 buses g? ng to the Mississippi boat ride. Also, Meisel discussed with the ijE� 'Recreation Division the possibility of providing classes in the Center in the future. She told them that the Center would cooperate in giving recreation students credit as long as the classes are held in the Senior Center building. An insurance adjuster plans on coming once or twice a month to help people with difficult Blue Cross claims. This is a new program and the adjuster is volunteering her time because she believes the elderly do not fully understand the appeal process. COUNCIL OF ELDERS REPORT: Jim Lapitz reported that there is an objection to paying $.25 to rent lockers. There have also been concerns regarding the ability of the Adult Day Program to evacuate quickly in case of a fire. Scott stated the fire department declared the stairwells of the Senior Center to be relatively smoke proof. The fire department also noted that they could arrive within two minutes of a call from the Senior Center and would check the stairwells first to help carry people out. Ruth Wagner announced the PEO gave some gifts to the Center which included cutlery, a tea kettle and a coffee pot. The Council of Elders has eight new members and at their last meeting they reviewed the Older Americans Day and decided a committee must be formed to evaluate and make suggestions to improve the next OAD. Wagner also announced that AARP had a float in the 4th of July Historical Society Parade which won a trophy. OPEN DISCUSSION: Meisel announced that the Psychology Department at the University applied for space to study voice patterns of normal people compared to Alzheimer victims. Fox moved that the staff deal with it as they see fit. Jackson seconded it. Motion declared carried (4 yes, 3 absent). M, Senior Center Commission July 11, 1984 Page 3 Kattchee read a letter from Ruth Wagner and Kathleen Norris to the Commission thanking the Commission for sending them to the Governor's Conference last June. Meeting adjourned at 4:10 p.m. MINUTES IOWA CITY HOUSING COMMISSION JULY 19, 1984 MEMBERS PRESENT: Krause, Moore, Trevor, Dawson MEMBERS ABSENT: Logan, Haendel, Schlechte STAFF PRESENT: Seydel, Flinn, Hillis, Hencin, Barnes RECOMMENDATIONS: 1. The Housing Commission recommends that program manuals for the Low Interest Loan and Forgivable Loan programs be presented to and adopted by Council. 2. Housing Commission recommends that application for ten units Public Housing Existing Acquisition without rehabilitation be approved. 3. The Housing Commission expresses its concern about the lack of progress in the Congregate Housing Program and supports the motion of CCN. 4. The Housing Commission wishes to express their concern about the delay in implementing the Shared Housing Program which is one of their priority projects and would like to see it move ahead. 1. Meeting to Order - Meeting called to order by Chairperson Krause at 10:15 a.m. 2. Minutes - Minutes of Meeting of June 12, 1984, approved as mailed on motion by Moore, second by Trevor, approved 4/0. 3. Housing Rehabilitation Forgivable Loan - 405 North Van Buren. Moved Moore, second Trevor, that the loan be approved. Approved 4/0. Hencin reviewed the Low Interest Loan and Forgivable Loan Manuals and advised they have been presented and reviewed by Council. Moved Krause, second Moore, that the Housing Commission recommends program manuals as presented be adopted by Council. Approved 4/0. 312 Loan - Barnes advised a #312 Loan in the amount of $41,000 at 9% was closed in June. Hencin advised that Housing Rehabilitation has been transferred to the Department of Planning 8 Program Development. 4. Coordinator's Report Appeal - Janice Hotka. Seydel read letter written to Ms. Hotka June 20, 1984, denying housing assistance. He excerpted her prior tenancy from record including Notice of Intent to Evict and Notice to Quit. Moved Trevor, second Moore, that denial of application be upheld. Ruling upheld. Approved 4/0. 107 MINUTES IOWA CITY HOUSING �UMMISSION JULY 19, 1984 PAGE 2 Section 8 Update - Seydel reported rent paid on 430 units for $81,492.25 for July. 45 new applications were submitted for ap- proval. He advised 96.6% utilization of Section 8 program. Seydel reported new income guidelines have been received, and under new regulations certificates cannot be issued to anyone over 50% of median income, although anyone under 80% of median is eligible by definition. New Fair Market Rents will be effective October 1. Public Housing - Seydel reported final inspection of Shamrock Place revealed no discrepancies. During first year of operation there was a turnover of six units. Public Housing - Ten units Existing Acquisition - Seydel reported application for ten additional units of public housing has been submitted to HUD. He explained the formula for determining allowable cost per unit and indicated the maximum purchase price including costs and legal fees would be $57,100 per unit. Moved Moore, second Trevor, that application for ten units Public Housing Existing Acquisition without rehabilitation be approved. Approved 4/0. 5. CCN Update - Hencin reported CCN's concerns relative to the progress -of Congregate Housing will be going to Council. Krause reported that the proposal presented by Bob Burns & Associates has been reviewed by Council with a recommendation that it go out for bids. Housing Commission also expressed concerns about the lack of progress of Congregate Housing and were concerned that a Congregate Housing meeting was scheduled during the same time as the Housing Commission meeting. Moved Krause, second Dawson, that the Housing Commission express concern about the lack of progress being made on Congregate Housing and supports the motion of CCN. Approved 4/0. 7. Shared Housing - Commissioners discussed status of program which was endorsed by both CCN and the Housing Commission yet has not yet gone to Council. The Housing Commission wishes to express their concern about the delay in implementing the Shared Housing Program which is one of their priority projects and would like to see it moved ahead. Moved Trevor/second Krause. Approved 4/0. B. Election of Officers - Moved Krause, second Dawson, that election of officers be held in September. Approved 4/0. 9. General Discussion - Commission discussed problems with obtaining a quorum for meetings and determined the most convenient time would be immediately following the Housing Appeals Board. Meeting times for the remainder of the year will be on the second Tuesday at 9:30 a.m. Chairperson Krause directed that a letter be sent to Commission members advising them of the change in meeting time and asking that Carol Flinn be notified in the event they cannot attend. 1bo-7 MINUTES r. IOWA CITY HOUSING —MISSION JULY 19, 1984 PAGE 3 10. Adjourned - 11:30 a.m. Approved MINUTES IOWA CITY HOUSING COMMISSION TUESDAY, AUGUST 14, 1984 MEMBERS PRESENT: Krause, Logan, Moore, Trevor, Dawson, Schlechte MEMBERS ABSENT: Haendel STAFF PRESENT: Seydel, Flinn, Hencin, Nugent, Hoard RECOMMENDATIONS: The Housing Commission recommended that the Ordinance Amending Chapter 17 SECTION I, Section 17-7(v) as proposed be referred to Planning and Zonin�mmission for review and action. Approved 5/0. 1. Meeting to Order - Meeting Called to Order by Chairperson Krause at 9:40 a.m. 2. Minutes - Moved by Dawson, second Moore, that Minutes be approved as mailed. Approved 5/0. 3. Coordinator's Report - Seydel reported Housing Assistance Payments made of 436 units in the amount of $81,215.40 on August 1. 48 new applications submitted for approval. He advised an amendment to the Annual Contributions Contract for Section 8 was going to Council August 14, 1984 to change the term of the contract per HUD's request. An Application for 14 units Section 8 Existing to be used in conjunc- tion with the Rental Rehabilitation program and administered by Housing Assistance Division submitted to Council for approval on August 14, 1984. Seydel reported Public Housing full, End of Year Reports completed and submitted to HUD. 22-3 - returned $20,000 to HUD representing income in excess of operating costs. 22-4 - had excess of $13,000 which will go into operating reserve. Application ten units Public Housing Acquisition has been submitted and Public Hearing held July 31, 1984. 4. Code Enforcement - Hoard explained that intent of proposed change to ordinance amending Chapter 17 SECTION I, Section 17-7(v) would mean that Housing Inspectors would -Fe ired to assure that parking stripes are maintained in visible condition at time of regular inspection on all units 1 1/2 years old or newer. Concerns were expressed as to enforcement problems in determining degree of visibil- ity. Krause expressed concern about unilateral enforcement. Hoard indicated the difficulties involved in going back beyond 1 1/2 years. Moved Krause, second Logan, that the Ordinance amending Chapter 17 SECTION I, Section 17-7(v) be referred to Planning and Zoning Commis- sion for review and action. Approved 5/0. S. CCN - Hencin advised there was no meeting this month. They will be advertising for proposals for 1985 CDBG Funding. $735,000 antici- pated. There will be two public hearings for proposals, September 18 1607 and October 2. He advised Housing Commission if they wish to make recommendations other than current commitments they should do so at the next meeting. He suggested they consider Shared Housing along with Congregate Housing. Housing Rehabilitation - Hencin advised program manuals for Forgivable Loan Program and Low -Interest Loan Program were adopted at last Council meeting. Congregate Housing - Nugent reported committee has been established which is meeting weekly at Senior Center to draw up plans, review possible sites, and locate potential sponsors. Several are interested in Iowa City, if sufficient incentive is provided. It •would appear that one appropriate incentive might be to have a site in hand. Anticipate having recommendations including list of potential sites, ready for Commission and Council by first week of September. Concern was raised relative to letter from HUD indicating that 51% would have to be low-income. Dawson suggested that one of the things that would have to be looked at soon would be the number of units being consid- ered. 7. Shared Housing - Nugent advised recommendations will be sent to Council first part of September. She is currently working with David Brown and Phyllis Williams to avoid conflicts with Human Rights Ordinance. Brown is submitting proposed amendment to Human Rights Ordinance that will go to Human Rights Commission on August 27. Krause indicated that Shared Housing was a Priority A on the Council Pending list and questioned the current proposed time table. Rachel Dennis questioned how funds would be spent. Advised that City would contract with private agency and funds would be used for administration expenses including Coordinator's salary. 8. General Discussion - Schlechte brought up meeting times and proposed that Housing Appeals Board meet at 4:30 p.m. with Housing Commission immediately following. Following considerable discussion it was decided that the Chairperson would determine the time of the next meeting. Adjournment - Meeting adjourned at 11:05. Approved Fred C. Krause, Chairperson 1607 #01 MINUTES HOUSING APPEALS BOARD JULY 19, 1984 MEMBERS PRESENT: Fred Krause, John Moore, Danel Trevor MEMBERS ABSENT: Janet Schlechte, Goldene Haendel STAFF PRESENT: Larry Kinney, David Brown, Kelley Vezina, David Malone, Judy Hoard SUMMARY OF DISCUSSION AND ACTION TAKEN: Krause called the meeting to order: Moore made a motion to approve the minutes of the June 12, 1984 meeting. Trevor seconded the motion. The motion carried. APPEAL OF LINDA HART 1030 NORTH SUM14IT: Present: None. APPEAL OF JAMES MURPHY 532 NORTH DODGE: Present: None. APPEAL OF KATHERINE WALDEN 1121 EAST BURLINGTON STREET: Present: Katherine Walden. Inspector Hoard as secretary informed Chairperson Krause that the first three appeal requests had not been filed within the ten day filing period. Krause suggested that all three be voted on at the same time. Trevor made a motion to grant appeal rights to all three properties and to hear them at the August Appeals Board meeting. Moore seconded the motion. The motion carried. APPEAL OF BERNICE KRIZ 717 - 17-1/2 EAST MARKET: Present: None. Inspector Malone told the Appeals Board that Ms. Kriz had withdrawn her appeal and would be correcting the violation. APPEAL OF KENNETH KALLAUS 712 - 12-1/2 EAST FAIRCHILD: Present: Mrs. Kallaus. Inspector Malone reported that he had conducted the licensing inspection at 712 - 12-1/2 East Fairchild on November 14, 1983. At the June 12, 1984, Appeals violations Board meeting Board had lationsbeingappealed by MrAppeals granted appeal ndMrs. Kllaus. Inspector rights rMalone estated that the two violations being appealed were Chapter 17-4.(a)(1) lack of valid certificate of structure compliance and/or rental permit. No rental permit and/or structure compliance has been obtained. Three dwellings units observed, City records indicate duplex classification. The second violation /60$ Housing Appeals Bo. July 19, 1984 Page 2 being appealed is Chapter 17-5.K.(2)(b) lack of required natural ventilation and Chapter 17-5.4.(1) lack of required natural light. The south two basement windows are partially blocked from light and ventilation by fiber- glass sheets over the window wells. Inspector Malone stated that the property in the past had been licensed as a duplex according to the property file records. In 1977 a certificate of compliance had been issued with a duplex classification. In 1980 a complaint inspection was done at which time the basement unit was inspected. The property file contains floor plans of three dwelling units. Assistant Attorney Brown advised the Appeals Board to uphold Chapter 17-4.(a)(1) and not to hear the other violations before a decision had been made on the legality of the third dwelling unit. Mrs. Kallaus stated to the Board that the basement dwelling unit had initially been finished off for their son to live in it. She said that they had been told that they could rent to three students and currently it was being rented to a family. She said that she would be willing to go through the necessary legal procedures to have the property rezoned to three legal dwelling units as she wished very much to rent out the basement unit. Trevor made a motion to defer a decision on the appealed violations pending a decision on the additional third unit. Moore seconded the motion. The motion carried. APPEAL OF LESLIE FRESWICK, 1027 WALNUT: Present: None. Inspector Hoard reported that she had been informed by tor. Freswick that he had injured his back and would not he attending the meeting. Inspector Hoard added to the Board that Mr. Freswick was an elderly person and that she had told him that she would present his case to the Housing Board of Appeals. She told the Board that she conducted a licensing inspection at 1027 Walnut on June 4, 1984. The violation being appealed was Chapter 17-5.N.(4) lack of required seven foot minimum ceiling height. Second floor, north and south bedrooms have a ceiling height of 6'11". Trevor made a motion to grant a variance to Chapter 17-5.14.(4) lack of required seven foot minimum ceiling height. Moore seconded the motion. The motion carried. APPEAL OF LYLE SEYDEL, 409-RONALDS Present: Lyle Seydel. Inspector Hoard told the Board that she conducted a licensing inspection on June 13, 1984, at 409 Ronalds. The two violations being appealed are Chapter 17-5.J.(1) lack of required natural light. Second floor, east room, has 6.11 square feet natural light, lacking the required minimum of 12.96 square feet and the second floor, west bedroom has 6.11 square feet of natural light, lacking the required minimum of 9.07 square feet. The second violation being appealed was Chapter 17-5.K.(2)(b) lack of required natural ventilation. Second floor, east room has 2.74 square feet of natural ventilation, lacking the required minimum of 5.83 square feet and the second floor, west room has 2.74 square feet of natural ventilation, lacking the required minimum of 4.08 square feet. Inspector Board stated that the west room received additional spill light from a window located in a closet north of the bedroom. 160g Housing Appeals Bo, July 19, 1984 Page 3 Mr. Seydel explained to the Board that the property was on the Historic Register based on the fact that it had three fish scaling designs and had a leaded window. He stated that he had owned .the home for 25 years and his four children lived in the upstairs bedrooms. He told them that he could not enlarge the windows without changing the configuration of the roof line and that to do so would alter the physical appearance of the property. Moore made a motion to grant a variance to Chapter 17-5.J.(1) lack of required natural light and Chapter 17-5.K.(2)(b) lack of required natural ventilation. Trevor seconded the motion. The motion carried. APPEAL OF JAMES WAGNER, 439 CLARK: Present: James Wagner. Inspector Vezina stated that he conducted a licensing inspection at 439 Clark on May 2, 1984. The two violations being appealed are Chapter 17-5.11.(3) lack of required minimum room size, second floor bedroom has 55.66 square feet, lacking the minimum 70 square feet requirement. The next violation appealed was Chapter 17-5.11.(4) lack of required minimum seven foot ceiling height. Second floor bedroom lacks minimum seven foot ceiling height. Inspector Vezina explained to the Board that the room has 150 square feet but it cannot all be counted because only that portion which has a ceiling height of 5' more or higher is included in the square footage room size calculation. He also explained that according to the Housing Code if 35 square feet of the room had a ceiling height of seven feet or more, that would meet the ceiling height requirements but in this case 34.33 square feet had a ceiling height of seven feet or more. In order to help the Appeals Board members more accurately view the room, Inspector Vezina had returned to the property and had taken photographs and presented them for the Board members to see. Mr. Wagner shared with the Board a statement from the current tenant who said he was pleased with the room as it afforded him privacy. Nr. Wagner stated that when he had purchased the property the room which is on the second floor was being used as a bedroom by a young adult in the family. He stated that he had done considerable work at bringing the room up to his requirements and at that time had installed a guardrail and a smoke detector. He told the Board that three single men have lived at the structure for several years since he had purchased the property. Trevor made a motion to grant a variance to Chapter 17-5.14.(3) lack of required minimum room size and Chapter 17-5.11.(4) lack of required seven foot minimum ceiling height. Moore seconded the motion. The motion carried. Moore made a motion to adjourn the meeting. Trevor seconded the motion. The motion carried. Minutes Prepared by Judy oar for Chairperson Fred Krause 1669 MIIIUTES PLANNING & ZONING COMMISSION JULY 19, 1984 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Courtney, Horowitz, Jordan, Scott, Blank, Jakobsen MEMBERS ABSENT: Perry STAFF PRESENT: Boyle, Knight, Franklin, McCormick RECOMI4ENDATIONS TO CITY COUNCIL: 1. S-8409. Recommend approval of a revised preliminary and final Large Scale Non -Residential Development (LSNRD) plan submitted by Pharmaceuti- cal Development Systems, Inc., for Lot 1 of BDI Fifth Addition. 2. S-8423. Recommend approval of the application submitted by Regnar Benson, Inc., for approval of a preliminary and final LSNRD plan for HP Smith Company at 2000 Industrial Park Road. 3. Recommend approval of proposed amendments to the Historic Preservation Ordinance. 4. Recommend approval of a proposed amendment to the provisional use requirements of the CB -2 zone. 5. Recommend approval of proposed amendments to the Zoning Ordinance to bring it into compliance with new state legislation regarding manufac- tured housing. 6. Recommend approval of proposed amendments to Section 36-88 of the Zoning Ordinance, amendment of the Ordinance, to bring it into compliance with the new State legislation amending Chapter 411 of the Iowa Code. CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion of any item not on the agenda. CONSIDERATION OF THE MIIIUTES OF JUNE 7, 1984, AND JUNE 21, 1984: Page 8, line 7 of the minutes of June 7, 1984, be changed to read "had spoken." Horowitz moved to approve the minutes of June 7, 1984, as amended. The motion was seconded by Jakobsen. The motion carried unanimously. Amend the minutes of June 21, 1984, to include under Staff Present "Knight." 1609 Planning & Zoning July 19, 1984 Page 2 Jakobsen moved to approve the amended minutes of June 21, 1984. The motion was seconded by Courtney. The motion carried unanimously. Subdivision Items: 1. S-8409. Public discussion of the application submitted by Pharmaceutical Development Systems, Inc., for approval of a preliminary and final Large Scale Hon -Residential Development (LSHRD) plan for Lot 1 of BDI Fifth Addition; 45 -day limitation period: 8/16/84. Knight stated that the applicant had revised the LSNRO plan and is resubmitting it to the Planning and Zoning Commission for approval. The revised plan is almost identical to the originally approved plan except that the locations of the manufacturing/warehouse building and the office building have been reversed. The staff sees no problem with this alteration and recommends that the revised plan be approved. Jakobsen moved to approve the revised preliminary' and final Large Scale Hon -Residential Development (LSNRD) plan for Lot 1 of BOI Fifth Addition. The motion was seconded by Jordan. The motion carried unanimously (5-0). Blank arrived at 7:40 p.m. S-8422. Public discussion of an application submitted by Ken Ranshaw for approval of a preliminary and final Large Scale Hon -Residential Develop- ment Plan for R Plaza, Phase 2, located at 463 Highway 1 West; 45 -day limitation period: 8/4/84. Knight submitted the postal receipts which indicated the FAA had received the informtion on R -plaza, Phase II required by the ordinance and a memo from Chris Stephen indicating his discussion with Mr. Jack Sasser regarding the FAA's preliminary findings. He stated that there are no major concerns of the FAA which are not covered by our ordinances and, therefore, the staff recommends approval. Horowitz questioned how forbidden uses were monitored. Knight replied that they would be enforced in the same manner as any other zoning restrictions. He stated that he presumed the restrictions would be part of the property owner's lease. Jordan questioned whether this item should be deferred until a final letter of approval was received from the FAA. Knight replied that he didn't feel deferral was necessary, however, he suggested that if action were taken it be subject to receipt of the FAA's report. Chris Stephen stated that the final written report is expected to arrive in the next few weeks. Horowitz stated concerns with radio signal interference from trucks that were directed by radio signals. Knight replied that this would not create any interference. 1(007 Planning & Zoning July 19, 1984 Page 3 Scott stated that he had spoken with Fred Zehr regarding the memo and that all of the concerns that Mr. Zehr had were covered by the present ordinances. Jakobsen moved to defer S-8422 until the August 2, 1984, Planning and Zoning Commission meeting. The motion was seconded by Courtney. The motion carried unanimously (5-0). 3. S-8423. Public discussion of an application submitted by Regnar Benson, Inc., for approval of a preliminary and final LSHRD'plan for HP ''Smith Company at 2000 Industrial Park Road; 45 -day limitation period: 8/20/84. Franklin stated that the HP Smith Paper Company processes paper to make release paper which is used on the back of self-adhesive materials. The company proposes to expand its plant on Industrial Park Road to include nearly 76,000 square feet of additional manufacturing space, a new chemical storage area, and an expansion of the men's locker room. The plan, as submitted, is in substantial compliance with the applicable regulations. Additional parking spaces and trees for compliance with the off-street parking requirements and the tree regulations have been shown. A fire access road, which was constructed with the previous expansion in 1982, is being relocated to the northeast to accommodate the current expansion and to provide room for future expansion. Franklin stated that the access easement for the storm water detention area has not been received. She also stated that HP Smith is asking for a decrease in the number of required parking spaces to 50:. They do not use the capacity of the lot and do not anticipate needing it in the future. This item will be going before the Board of Adjustment in September, and unless the configuration is changed radically, will not be coming before the Planning and Zoning Commission again. Jakobsen questioned the number of parking spaces on the plan at this time. Franklin replied that the plan as it appears now is in full compliance with the exception of the storm water detention easement. Jakobsen moved to approve the application submitted by Regnar Benson, Inc., for the preliminary and final LSHRD plan for HP Smith Company at 2000 Industrial Park Road, subject to approval of the storm water detention easement. Discussion: Horowitz requested that due to increased traffic which can be expected as a result of the proposed expansion to the H.P. Smith Company, and the Pharmaceutical Development Systems Inc. project, in the area of First Avenue and Lower Muscatine and the four-way stop at the Mobile Station, consideration for a traffic signal be given at the intersection of Lower Muscatine Avenue and Mall Drive. The motion carried unanimously (6-0). A Planning 8 Zoning July 19, 1984 Page 4 Zoning Items: I. Public discussion of amendments to the Historic Preservation Ordinance: Knight pointed out that the memo from Monica Moen had been circulated to the Commission indicating that the changes requested by the Planning and Zoning Commission had been made. Scott questioned whether these changes met with legal's approval. Boyle replied that they did. Jakobsen moved to approve the proposed amendments to the Historic Preservation Ordinance as submitted. Blank seconded the motion. Discussion: Jakobsen stated that she wished to thank the Historic Preservation Commission for working on the Planning and Zoning Commission's sugges- tions. She was particularly pleased with the creation of the Certificate of No Material Effect, which would help expedite the issuance of building permits. Scott stated that he agreed with Jakobsen and felt the Historic Preservation Commission had met the Planning and Zoning Commission more than half -way on the concerns expressed by the Planning and Zoning Commission. The motion carried unanimously (6-0). 2. PUBLIC DISCUSSION OF REVISIONS TO THE PROVISIONAL USE LANGUAGE OF THE LB-2_r0_NE.- Franklin stated that staff had prepared two alternative drafts as requested by the Commission. The first, identified as "A", provides that dwelings may be located above or below the ground floor with up to 50;. of the ground floor occupied by another principal use. The remaining ground floor area may be used only for parking and/or loading accessory to the principal use. The second, identified as alternative "B" provides that dwellings may be located only ..above or below the ground floor of a structure in which the ground floor is occupied exclusively by another principal use or uses permitted in this zone." Jordan moved to recommend adoption of alternative B. The motion was seconded by Jakobsen. Jakobsen stated that she was in favor of this draft because it clarifies what the intent of the original ordinance was. She felt that since there had only been one complaint, she did not want to completely change the intent of the ordinance at this time. Horowitz questioned if clarification of the ordinance was necessary. Scott replied that this clarification was a result of concerns identified in a Board of Adjustment meeting that the intent of the ordinance was not clear. Boyle stated that this clarification was primarily an exercise in caution to insure that the intent of this provision was clear to anyone reading it. 160?, Planning & Zoning July 19, 1984 Page 5 The motion carried (4-2). 3. Public hearing on an amendment to the Zoning Ordinance to bring the Iowa City Municipal Code into compliance with recent state legislation regarding manufactured housing. There was no public discussion regarding this issue. The public hearing was closed. Jordan moved to approve the proposed amendment to the Zoning Ordinance as submitted to the Commission. The motion was seconded by Blank. Scott requested a brief description of the proposed amendment. Knight stated that the ordinance makes three changes: 1) to amend the definition of a single family dwelling to include manufactured housing, j 2) to amend those zones permitting single family uses to require a minimum building width of 20 feet for• up to 75% of the length, and 3) to change the Manufactured Housing -Residential (RMH) zone to the Factory - Built Housing -Residential (RFBH) zone. 4 The motion carried unanimously (6-0). €. 4. Public discussion of proposed amendments to Section 36-88 of the Zoning Ordinance, Amendment of the Ordinance, regarding notice requirements. Knight stated that this amendment would change the time period required for publication of notice of public hearing of a zoning change from 15 days to a minimum of seven days but not more than twenty days notice, and that it changes the area from which an official protest of a zoning change can be made which would require an extra ordinary majority vote of City Council to override. Jakobsen moved to recommend approval of the ordinance amending Section 36-88 of the Zoning Ordinance. The motion was seconded by Horowitz. The motion carried unanimously. Jakobsen requested staff assistance to correct Article VII, Section 1 of the Iowa City Planning and Zoning Commission Bylaws to comply with the new time period requirements for publication of public notice. OTHER BUSINESS: 1. Horowitz stated that regarding the amendment to Section 36-88 of the Zoning Ordinance, she had concerns as to how to notify the public in this type of instance what has happened and what it means to them. Knight observed that it was very difficult to make people aware of procedural changs such as this. Scott noted that the public would still be allowed to object and petition. 1609 Planning 8 Zoning July 19, 1984 Page 6 Jakobsen stated that she had filled out the matrix regarding Harlocke/Weeber Street and had some difficulty with it. Knight stated that the intent of the exercise was to make people aware of what vari- ables should be taken into consideration in determining what is the most appropriate zoning for this area. Jakobsen stated that she did not feel the five criteria listed were enough to differentiate between the alternatives. She felt there needed to be a general variable on what alternative is most appropriate. Knight explained that the intent was to rate the variables that made an alternative appropriate. Horowitz stated that she had also filled out the matrix. She felt that the matrix helped her to see why she had reached a conclusion. Larry Schnittjer stated that the problem he saw was that the numbers assigned would be in accordance with that individual's preconceived notions of what was supposed to be there. Scott stated that he had received a letter from Joann Oakes dated July 5, 1984, concerning the Islamic Society of Iowa City which was looking for a meeting place. They were asking the Planning.and Zoning Commission whether or not the group would be considered a religion. He had for- warded the letter to the Zoning Code ,Interpretation Panel. Boyle stated that she had already been notified and that the Board had made its deter- mination. Scott noted that the Commission had received Franklin's reply to Project GREEN'S letter regarding tree regulations and Jim Maynard's letter of the same request. The megting r 8:35 p.m. i� Horst Jordan, Sec t y The minutes were taken by Colleen McCormick. m Ak) MINUTES PLANNING 8 ZONING COMMISSION AUGUST 2, 1984 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Courtney, Horowitz, Jakobsen, Jordan, Scott STAFF PRESENT: Boyle, Knight, Johnston CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. CONSIDERATION OF THE MINUTES OF JULY 5, 1984: Courtney moved and Horowitz seconded that the minutes of July 5, 1984 be approved. Motion carried unanimously (5-0). PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no discussion of any item not on the agenda. RECOMMENDATIONS TO CITY COUNCIL: 1. S-8422. Recommend approval of an application submitted by Ken Ranshaw for a preliminary and final Large Scale Non -Residential Development Plan for R Plaza, Phase 2, located at 463 Highway 1 West, subject to receipt of a letter from the Federal Aviation Administration regarding the proposed project and resolution of any concerns expressed in that letter. OTHER ACTION TAKEN: 1. A public hearing was set for September 6, 1984, on the proposed rezoning of an area of land located south of Benton Street, west of Weeber Street and north of Highway 1 from RM -44 to RNC -20 and RS -12. SUMMARY OF DISCUSSION: Consider settino a of 1984. on th Jakobsen stated she feels it is important for people to understand that the Commission is recommending that only the area zoned RM -44 be rezoned. The RS -8, RM -20 and CC -2 areas will still be zoned the same. Jakobsen also said the Commission is interested in the question of parks in that area. Jakobsen moved to set a public hearing for September 6, 1984, on the proposed rezoning of an area of land located south of Benton Street, west of Weeber Street and north of Highway 1 from RM -44 to RNC -20 and RS -12. The motion was seconded by Jordan. The motion carried unanimously (5-0). Jakobsen moved that the Commission recommend to the Parks and Recreation Commission that they look at the possibility of locating a park in any of the lbo9 Planning & Zoning Lomnission August 2, 1984 Page 2 undeveloped land that is bounded by Benton Street on the north, Miller Street on the east, Highway 1 on the south and Weeber Street on the west and that this be put on the Parks and Recreation Commission agenda for consideration at their next meeting. The motion was seconded by Horowitz. Boyle stated that the City Council, at their informal meeting on Monday evening, asked CCN to consider increasing its contributions to purchase the five acres on Miller Avenue. They also asked the City Manager to meet with Mr. Ruppert to discuss purchasing the land from him. Mr. Ruppert stated he doesn't see why the Parks and Recreation would consider purchasing higher zoned land than the land zoned RS -8 now under considera- tion. He doesn't like the talk of downzoning or devaluing property that way. Mr. Ruppert stated he has spoken with Mr. Berlin and that the talks are going fine. Jakobsen explained that if there is to be a park in that area she would like the park nailed down while it is still in consideration. She explained that Mr. Showalter would like five acres of land on Miller Street that is zoned RS -8 for a park. Scott explained that the Commission is recommending that the Parks and Recreation Commission look at the entire area. He stated that since the one apparent difficulty of development in that area is the topography, the Commission is making a recommendation to Parks and Recreation Commission that they consider those areas for parkland. Scott stated that this was a non-binding motion. Ruppert commended everyone for the job that they are doing. Boyle stated that it was suggested at the City Council meeting to name the park the Ruppert park or the Charles Ruppert park. The previously motion carried unanimously (5-0). Subdivision Items: S-8422.. Public discussion of an application submitted by Ken Ranshaw for approval of a preliminary and final Large Scale Non -Residential Develop- ment plan for R Plaza, Phase 2, located at 463 Highway 1 West; 45 -day limitation period: 8/4/84. Knight stated he is still waiting to receive the letter from the FAA. He stated that to his knowledge, the FAA is only concerned about what will be stored in the warehouse space. He said that for aviation purposes, everything is in compliance. Knight pointed out that the zoning ordi- nance states that no storage of hazardous or explosive materials is permitted in the clear zone. Knight said that since no letter has been received, staff recommends that the Commission take action subject to receipt of the letter and resolution of any concerns expressed in the letter. (069 Planning 8 Zoning Commission August 2, 1984 Page 3 Jordan stated he had spoken to the Airport Manager today and the he said the FAA has some other concerns which would be expressed in the letter. Jordan said he had some problem voting positive tonight even with the stipulation proposed by staff because he would like to see the letter. He would prefer a waiver of the 45 -day limitation period which would allow the Commission to defer action. Jordan said he hoped the City Council would look at the letter from the FAA. Knight said if the Commission so stipulated, the Council would be bound to consider the letter. Horowitz moved for approval of S-8422 for approval of a preliminary and final Large Scale Non -Residential Development plan for R Plaza, Phase 2 subject to receipt of the letter from the FAA and resolution of any concerns expressed in said letter. Courtney seconded the motion. Jakobsen stated that she also would prefer to defer this item because of lack of the letter. She stated she will vote against it without the letter. Horowitz feels the entire area must be looked at. Scott said that there comes a time when you have to ask how much more the City can ordinance and the new re of loverlay and ezones rs ohave bbeenacomplied with.iror. ThenewHeoalso noted that the Council is not bound by any limitation period as the Commission is. Scott asked Boyle whether Council action to vote in the affirmative prior to receipt of the letter or resolution of any objections in the letter would initiate the conflict resolution agreement between the Commission and the Council. Boyle said that he did not recall whether LSNRD plans were included in that policy, but that the Council would not pass this resolution without the letter from the FAA. Scott indicated that he had a copy of the agreement with him and that this application would be covered by that policy. Knight stated the applicant had made every attempt to comply with the ordinance and he felt that it is appropriate to act on this item. The motion carried (3-2) with Jakobsen and Jordan voting no. 2. S-8424. Public discussion of an application submitted by Dynevor, Inc., or approval of a preliminary plat for Ty'n Cae Subdivision, Part 4, a resubdivision of Lots 96A_ 96E, 97 and 98 of Ty'n Cae Subdivision, Part 3, located in the northeast quadrant of the intersection of Mormon Trek Boulevard and Gryn Drive; 45 -day limitation period; 8/31/84, 1609 Planning & Zoning Commission August 2, 1984 Page 4 Knight explained this is a replat of the areaof Ty'n Cae Subdivision, Part 3, which is proposed to be vacated by the applicant. The area will be replatted for zero lot line lots. It is now platted and part of a Planned Area Development plan to permit development of 38 townhouses on five lots. This proposal will reduce the overall density and the variety of housing in the area. Staff recommends to defer action until the application is amended to include amendment of the planned development plan. Jakobsen moved to defer S-8424 until the next meeting. Jordan seconded the motion. Motion carried (5-0). Vacation Items: 1. V-8403. Public discussion of an application submitted by Dynevor, Inc., for approval of the vacation of a portion of the Mormon Trek Boulevard right-of-way lying adjacent to the southwest boundary Ty'n Cae Sub- i divison, Part 3. Knight explained that this is a request for the vacation of excess lands that were acquired by the Iowa Department of Transportation in the Highway 218 construction project for the relocation of Mormon Trek l Boulevard. The additional land was for grading purposes. Vacation would still leave the 80 foot right-of-way which is the City's standard for arterial streets. Staff recommends in favor of the vacation. Courtney moved to approve the vacation item. Scott questioned Knight about the possibility of a turning lane, which was discussed when this was last approved. Scott asked whether the vacation as proposed would leave adequate room for a turning lane. Knight stated he didn't know for sure. However, he feels that 80 feet would be enough. He stated that maybe this item should be deferred to let the City engineering staff look at it. Scott stated that he sees the potential for needing turning lanes off of Mormon Trek Boulevard at its intersection with Gryn• Drive, or there is the possibility that traffic congestion will occur there. Knight explained that before the subdivision can be approved, this land must be vacated by ordinance and then the property must be sold. Jakobsen observed that Mormon Trek is only a two-lane street and that most two-lane streets now have a 50 foot right-of-way. She also believed that there would be room for a turning lane. Scott said he is concerned whether there will be enough room for turning lanes both for northbound and southbound traffic. Courtney withdrew his original motion. Jakobsen moved that V-8403 be deferred. Jordan seconded the motion. 1609 Planning & Zoning Commission August 2, 1984, Page 5 Jakobsen stated the concern is with the turning lanes. Motion carried unanimously (5-0). 2. Public discussion of an application submitted by Dynevor, Inc., for consent to vacate the plat for that portion of Ty'n Cae Subdivision, Part 3, known as Lots 96A -96E, 97 and 98. Scott asked if there was any public discussion and there was none. Knight said that staff recommended this item be deferred. Jordan moved to defer the application for consent to vacate the plat. Horowitz seconded the motion. Motion carried unanimously (5-0). OTHER BUSINESS: 1. Knight stated that he had received word that an amended application on the Hsu property at 209 Myrtle Avenue for rezoning to RM -20 will be submitted shortly. f Scott stated there would be some problem with people on vacation. He ' feels this should be handled at the August 27 and September 6, 1984 meetings. He feels that Mr. Hsu will probably bring her legal counsel j and to save her some expense and not have her lawyer come out twice, it i would be better to act on this on the August 27 meeting when all members will be present. 2. Jakobsen stated that Richard Parrot was opening a dental office at 803 East Market and she doesn't believe that the property is zoned for commercial use. Boyle said that it was zoned RM -12. He stated that no building permit had been issued and he would make the Zoning Inspector aware of it. 3. Scott stated the Monday, August 6 meeting to review the proposed new sign regulations will be cancelled. This is because staff has not completed their review of the proposed regulations. Staff will issue a new document when they have completed their review. This will be sent to the Environ- mental Concerns Committee of the Chamber of Commerce for their 'input. Scott stated that this will be on the agenda to be discussed in Septem- ber. Horowitz requested that Project Green receive the draft also. Knight asked if the draft should be sent or maybe wait and send out the final when it is sent out to the other groups. Horowitz felt that Project Green should also receive the draft now for their input. /461 MINUTES IOWA CITY AIRPORT COMMISSION AUGUST 15, 1984 IOWA CITY CIVIC CENTER MEMBERS PRESENT: Schmeiser, Tiffany, Saeugling, George, Lewis STAFF PRESENT: Zehr, Brown GUESTS PRESENT: B. Plum, J. Williamson, D. Houston, D. Ruppert, J. Ellison, P. Leff, B. Byers, B. Neuzil, L. Kinney The meeting was called to order at 7:35 p.m. The minutes of the July 12, 1984, meeting were approved as read. Zehr presented the bills for the month and explained them briefly. Zehr said that the airport might be eligible for a 5O% safety grant from the state to apply towards the ramp lighting costs and the updated beacon for the top of the tower. In response to George, Zehr explained that the wiring used on runway lights is special FAA approved spec. wire. The bills were approved for payment as presented. FAA GRANT STATUS: Commission members reviewed the letter from the FAA regarding The Ranshaw R -Plaza notice of proposed construction. Zehr said he has not talked to Ranshaw about the FAA response. The City Council has deferred action on the resolution approving the LSNRD plan for the R -Plaza. Zehr reported that the FAA is giving a final legal review of the Iowa City proposal and we should have their response by the end of the month. Zehr said that he has received a letter from the FAA authorizing the dis- placement of the threshold of runway 17. The displacement of the threshold of runway 17 is planned during the last week of August. MERIDITH ORGANIZATION PROPOSAL UPDATE: Jim Allison stated that he intends to present a completed development proposal at the Airport Commission's September 13 meeting. Tentative plans include using the majority of the airport property for parking. Included in the plans are expansion of the existing plaza area and development of a low density office and storage facility that would comply with FAA regulations. Allison explained that he was not in a position to make public any details of the plans at this time. Zehr noted that October is the deadline to receive a proposal. AUTOHAUS PROPOSAL: Commission members reviewed the August 15, 1984, letter from Jack Sasser regarding the Autohaus proposal. Bob Plum submitted a new option agreement and requested Commission approval. The Commission reviewed a copy of the building plans. In response to Schmeiser, Zehr said the FAA recommends downward shining lights for this type of development on airport property. The Commission recommended changing the option agreement in paragraph A, five acres, paragraph 1, 15 years, and making it contingent on a public hearing. The City's legal staff will review the option agreement. The Commission will hold a special meeting, August 22, 8:00 a.m., to execute the option agreement. Plum will provide the Commission with a revised option agreement that will include the recommended changes. 1610 Airport Comm issior, August 15, 1984 Page 2 HANGAR/FUEL FARM/STANDARDS/LEASE: The Comnission reviewed the August 2, 1984, memo from the fueling committee regarding fueling standards and the draft of the minimum standards for individual aviation fuel and oil dispens- ing operations. Tiffany noted that the Uniform Fire Code covers fueling by individuals at the Iowa City Airport. Saeugling stated that fuel storage facilities should be located in one common location at the airport. Zehr stated that the Fire Code established strict guidelines as to the fuel storage facilities' installation. Kinney explained that underground tanks are extremely safe. Zehr reported that_ standards at larger airport designate a specific area for fuel farms. Zehr recommended establishing a fuel farm area east of the proposed corporate hangar row. Leff stated that the FAA would probably not approve the requirement to consolidate fuel farms into one centrally located area. Zehr said that E.K. Jones inquired about fuel truck requirements, customer parking, location of fuel farms, and enforcement of the self -fueling regulations. George stated that the minimum standards should be made part of the ordinance and enforced by the Airport Manager, Fire Marshal and police- men. Schmeiser suggested changing customer parking to motor vehicle parking. In response to Houston's concerns about paragraph 6. ownership, Tiffany said that section needs to be rewritten. The Commission agreed with Schmeiser's recommendation to increase the required insurance coverage to a minimum of $1 million. Houston inquired about the "properly trained and certified operators to dispense the fuel from the vehicle" as stated in the August 2 memo re: fueling standards. Schmeiser suggested referencing the clause to be Uniform Fire Code. In response to Byers concerns about the 100 gallon per month criteria, Commission members agreed to apply the standard to "individuals desiring to disperse aviation fuels in access of 250 (or 300) gallons per month." Commission members recommended deleting "aviation" from "aviation fuel." Brown will review all of the recommended changes to the minimum standards and forward the minimum standards to the FAA for their response. Leff requested Commission to modify HLM's existing lease to allow self -fueling, adopt the minimum standards and submit them to the FAA for review, and permit a fuel farm to be installed as part of HLM's new corporate hangar lease. Brown advised the Commission to delete the portion of the existing HLM lease that precludes self -fueling to bring the airport into compliance with the 1964 agreement. The Commission discussed if the meeting's agenda apprised the public of possible action on the corporate hangar leases. Schmeiser requested that staff assure that future agendas adequately apprise the public of issues to 1610 Airport Commissioi. August 15, 1984 Page 3 be discussed and potential action by the Commission. The Commission sched- uled discussion of HLM's existing lease revision and agenda item F, rezoning airport property, at a special meeting August 22, 1984. EQUIPMENT STORAGE FACILITY: Zehr stated that a facility may be needed to store the snow plow and snow blower. He proposed building a 100 foot by 35 foot building onto the west end of the existing shop. The Commission suggested delaying any decision on an equipment storage facility until the HLM corporation hangar lease is resolved. CHAIRMAN'S REPORT: Schmeiser announced that the airport breakfast will be held August 26,77:OO a.m. to noon. Zehr said that plans include serving 2500 people. OTHER INPUT: Zehr reported that the FAA has approved plans for moving thresholds on runways 17, 30, 35, and 24. In response to a concern raised at the July Airport Commission meeting, Zehr said that the FAA has not heard of any proposal to extend runway 17 430 feet to the south. Also, standerd language is used to define the Ranshdw property as an airport hazard. Tiffany suggested negotiating directly with farmers for crop plan rental agreements. Meeting adjourned at 9:45 p.m. 1610 At L,�) IOWA CITY MUNICIPAL AIRPORT South Riverside Drive Iowa City. Iowa 52240 14— 1 . AGENDA IOWA CITY MUNICIPAL AIRPORT COMMISSION CIVIC CENTER CITY MANAGERIS CONFERENCE ROOM AUGUST 22, 1984 8:00 A.M. Call to order. Note attendance and guests. Items for Commission discussion and/or action: a. Resolution authorizing execution of option agreement with Autohaus, Ltd. regarding a proposed lease of a minimum of five (5) acres of real estate located between the approach ends to runways 35 and 30 for commercial use by Autohaus, Ltd. b. Consider authorizing application for rezoning of three seperate parcels of airport property: 1) a parcel of land adjacent to Highway 218 running from south of the end of runway 30 to east of the end of runway 35, to be rezoned Intensive Commercial (CI -1); 2) a parcel of land located in the northeast corner of the airport between the end of runway 17 and the end of runway 24, to be rezoned Community Commercial (CC -2); 3) a parcel of land located in the northwest corner of the airport west of the end of runway 17, to be rezoned General Industrial (I-1). If the proposed rezoning is obtained, the new zones would be established as overlay zones with the underlying zone retaining it original designation as Public (P). c. Resolution authorizing execution of an amendment to the December 2, 1980, corporate hangar lease with Hansen Lind Mayer, P.C. to delete a phrase in paragraph 20 of said lease which prohibits the lessee from bringing fuel onto the Airport. d. Resolution authorizing execution of an amendment to the December 2, 1980 corporate hangar lease with McCabe Equipment, Inc. to delete s phrase in paragraph 20 of said lease which prohibits the lessee from biinging fuel onto the airport. e. Resolution authorizing execution of an amendment to the December 2, 1980, corporate hangar lease with Iowa City Flying Service to delete a phrase in paragraph 20 of said lease which prohibits the Lessee from bringing fuel onto the Airport. f. Resolution authorizing execution of an amendment to the May 14, 1981, corporate hangar lease with the Iowa City Flying Service to delete a phrase in paragraph 20 of said lease which prohibits the Lessee from bringing fuel onto the Airport. 3. Public and Commission members' information and input. 4. Adjournment 1610