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HomeMy WebLinkAbout1979-03-27 Bd Comm minuteshIINUTES IOWA CITY PLANNING & ZONING COMMISSION RARCH 15, 1979 -- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Blum, Jakobsen, Kammermeyer, Lehman, Ogesen MEMBERS ABSENT: Cain, Vetter STAFF PRESENT: Boothroy, Ryan, Wilkinson RECOMMENDATIONS TO THE CITY COUNCIL: 1. 5-7841. That the preliminary and final LSRD plan of Ralston Creek Village be approved subject to the following contingencies: (1) the signatures of the utility companies be provided on the plan;( 2 t he legal including a metes and bound description andthecertificationroftaoregisteredeted land surveyor; and (3) the sidewalk must continue through the drive on Van Buren Street back to the existing sidewalk. Z. approved S-7905. That the preliminary and final LSNRD plan of Owens Brush Company be be corrected dsotthat tit coincidhe following e withlthenbounda y cies: (1d the legal description should way width for Lower Muscatine Road should be indicated; and t(3)'the future 2 expansion plans should be deleted from this plan. ( ) the right -of- () RE UESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: None SU"BY OF DISCUSSION AND ACTION TAKEN: Blum called the meeting to order and asked if anyone present wished to discuss any item not included on the agenda. No one responded. Blum then called for consideration of the minutes of the meeting of February 26, 1979. There being no discussion of the minutes, they were unanimously approved as circulated. S-7841. Public discussion of the preliminary and final LSRD plan of Ralston Creek Village, located between Gilbert and Van Buren Streets, just north of Abrams Furniture Store; 45 -day limitation period: waived. Boothroy presented an overlay and explained that the Board of Adjustment had met earlier and had granted the special use permit for parking that had been requested by the Abrams. lie explained that many of the deficiencies and discrepancies have been taken care of and that an additional island with a tree has been included in the plan, thus eliminating the need for an innovative parking plan. The deficiencies remaining are: (1) the signatures of the utility companies still are not provided on the plan; Of a (Z) the legal description including a metes and bounds description and the certification continue Ethrough lthe drive and suryyon Vanor dBurens to bStreetltoetheaexistinghsidewalklk does not 605 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I r", I'Innning and Zoning Commission March 16, 1979 Page 2 There being no discussion on these plans, Blum called for a vote for approval of the preliminary and final LSRD plan of Ralston Creek Village subject to the following contingencies: (1) the signatues of the utility companies be provided on the plan; (2) the legal description be completed including a metes and bounds description and the certification of a registered land surveyor; and (3) the sidewalk must conti�iue I through the drive on Van Buren Street b unanimous (5-0). ack to the existing sidewalk. Approval was S-7905. Public discussion of the preliminary and final LSNRD plan of Owens Brush Company, located at Lower Muscatine Road and Mall Drive; 4S -day limitation period: 4/18/79. Boothroy presented an overlay of the area and explained that a revised preliminary and final LSNRD plan had been submitted. Deficiencies remaining included: (1) the legal description needs to be completed so that it coincides with the boundary description; hwidth oLower plan. Boothroyalso statedthathewould Fprefer nthe ofuture ad uexpansionld belcated plans bon the e taken off this plan. Blum called for approval of the preliminary and final LSNRD plan of Owens Brush subject to the following contingencies: (1) the legal description should be corrected so that it coincides with the boundary description; 2 ) theLower Muscatine Road should be indicated; and(3)the futurerexpansion planstshofor uld be deleted from this plan. Approval was unanimous (s-0). There being no further business, the meeting was adjourned. Prepared b' aandra S. Wilkinson, PPD Secretary I 1 Approved by� j Ernest W. Lehman, Pf,Z Secretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MINUTES IOWA CITY BOARD OF ADJUSTMENT MARCH 15, 1979 -- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Baldus, Harris, Hughes, Conlin (4:40 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Ryan, Wilkinson, Boothroy, Schmeiser, Farmer i FORMAL ACTIONS TAKEN: 1. V-7903. That the request for a special use permit for parking be granted subject To the following conditions: (1) notice of the possible flooding dangers be described in detail in the leases, (2) signs describing the potential hazard be posted in the parking lot, and (3) a warning system to alert residents of the al buildings be installed and operated. SUMMARY OF DISCUSSION: Harris called the meeting to order. Harris moved, and Baldus seconded, that Hughes serve as Chairperson of the Board for the next period of rotation. The vote on this motion was unanimous (4-0). Hughes called for approval of the minutes of the meeting of February 15, 1979. Harris moved that the minutes be amended as follows: (1) Under Formal Actions Taken, add the following sentence at the end of the paragraph applying to case V-7902: "Both variances are conditioned upon compliance in actual development with the layout and details as shown on the site plan submitted as a part of the application; this plan being titled: Planned Area Development and Large Scale Non -Residential Develop- ment Plan, ACT Testing Processing Facility, Iowa City, Iowa, prepared by Shive-Hattery and Associates, dwg, no. 178536-1, dated January 2, 1979; and (2) Page 2, paragraph 4 under case V-7902, add at the end of the last sentence ", i.e., installation of a green strip, curbs and curb cuts within the right-of-way of the street, if dedicated to the City." Baldus seconded the motion for these amendments and the motion carried unanimously. 4 Hughes called for a vote to approve the amended minutes. Baldus moved, and Harris seconded, that the minutes of February 15, 1979, be approved as amended. Motion carried unanimously. V-7903. Public hearing on an application submitted by Sam and Gary Abrams for a "Special Use Permit", according to Section 8.11.02.13 of the Zoning Ordinance, to permit parking to be located less than ten meters from the Ralston Creek bank. Boothroy presented an overlay of the proposed site and explained that parking is one of the uses permitted by right within the floodway except when located closer than ten meters (32.8 feet) from the creek bank. He further explained the Flood Management Regulations as stated in the Staff Report. Frank Farmer, Civil Engineer for the City of Iowa City, presented some slides of r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tI0IRES Board of Adjustment March 15, 1979 Page 2 the immediate area during the 1972 flood, which was described as being a 17 -year flood. He explained that Burlington Street was completely closed and that portions of Gilbert Street were impassable. Access to the property in question was impossible during this time. IBill Meardon, attorney for the applicants, presented a memorandum, which is attached, from Mr. S.W. Wiitala, Hydrologist for Shive-Hattery and Associates. This memorandum presented considerations for the justification of the special use permit. 1 John Wi llers of Shive-Hattery and Associates explained that a warning system is a possibility for use in warning residents of the buildings of impending flooding. He explained that the system is similar to the system used by police and fire officials.; He also explained the possibility of posting warning signs in the parking lot. He further explained that major changes would be necessary if the special use permit is denied. These changes would make the project economically unfeasible. Following a very lengthy discussion that included the use of right and liability for damages caused by automobiles floated away in a flood, Harris moved, and Baldus seconded, that the special use permit be granted subject to the following conditions: (1) notice of the possible flooding dangers be described in detail in the leases, (2) signs describing the potential hazard be posted in the parking lot, and (3) a warning system to alert residents of the buildings be installed and operated. The vote for approval of the motion was unanimous (4-0). V-7904. Public hearing on an application submitted by James W. Powers for a variance In the Tree Regulations, Section 8.10.40.11(B)(1) of the Zoning Ordinance, to allow parking spaces to intersect with a drive. Boothroy presented an overlay of the area and explained that the plan meets the iTree Regulations with the exception of an island between parking spaces and the drive Following a brief discussion by Board members, Baldus moved, and Conlin seconded, that further discussion and action on this item be deferred until the next meeting. The vote was 4-0 in favor. A discussion followed regarding the date for the next meeting. It was decided that the next meeting will be scheduled for Wednesday, April 4, 1979. At this time, the Board will continue its consideration of the Kerber application (deferred from the February meeting) and the Powers application (deferred at this meeting). There being no further business, the meeting was adjourned. Prepared Approved ' Official Filing Date: MAR 19 1979 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ■ B r"+ HERO TO: Board of Adjustment City of Iowa City, Iowa FROM: S. W. Wiltala, Hydrologist Shive-Hattery L Associates, Iowa City RE: Appeal dated January 17, 1979, to permit parking to be located less than ten meters from the stream bank for the proposed Ralston Creek Village (Section 0.11.02.12D.3 of the Flood Plain Management Ordinance) DATE: March 12, 1979 Hydrologic considerations for the justification of the subject special -use permit are: I. The distance from the Gilbert Street bridge to the drainage divide is approximately 35,000 feet, and the difference in elevation is about 180 feet. Using these data in an empirical relationship indicates that the time of concentration for the Gilbert Street site is about 3 hours. This is the time required for water to travel from the most distant part of the watershed to Gilbert Street. With a time of con- centration of about 3 hours, empirical relations indicate that for a severe storm the time from the beginning of excess rainfall to the flood peak would be about 2-1/2 hours. Recc Js of the U. S. Geological Survey show the following for the flood of July 17, 1972: Ralston Creek at Rochester Avenue Approximate time of beginning of rise - 2:45 p.m. Time of crest - 5:15 p.m. South Branch Ralston Creek at Muscatine Avenue Approximate time of beginning of rise - 2:30 p.m. Time of crest (leading edge) - 4:45 p.m. For this flood, the heavy rainfall in the basin began in the hour ending at 1:00 p.m., July 17, with the crest occurring approximately 4 hours later. For seven other moderate stream rises (peak discharges all less than 550 cfs) for which Information was readily available, at the Rochester gauge the time between beginning of rise and the crest varied from I hour to 4-1/4 hours. The time to peak at the two USf,S gauginn stat inns should be less than that at Gilbert Street because the tributary drainage area at Gilbert Street is almost three times that at the two gauging stations. SHIVE•HATTERY& ASSOCIATES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES Marto to Board of Adjustment March 12, 1979 Page Two 2. Flood peaks that occur between midnight and 6:00 a.m, would probably cause more damage than those at other times of the day. The time of the peak was available for 83 floods that were recorded at the Rochester Avenue gauge between 1925 and 1977. Twenty-five of the 03 flood peaks occurred between midnight and 6:00 a.m., 22 between 6:00 a.m. and noon, 16 between noon and 6:00 p.m., and 20 between 6:00 p.m. and midnight. Thus, there is about one chance in 3.3 that when a flood does occur, it will be in the midnight to 6:00 a.m. quarter of the day. Time -of -peak information is available for 7 of the 8 major floods (discharge greater than 1,000 cfs) that were recorded at the Rochester Avenue gauge. Only one of the seven major floods occurred during the midnight to 6:00 a.m. quarter. 3. The regulatory base flood Is the 100 -year flood - the flood that has a 1 in 100 chance of occurring in any year. Coupling this frequency with that discussed in the above paragraph indicates that there is about 1 chance in 330 for a 100 -year flood to occur between midnight and 6:00 a.m. in any year. The odds on the occurrence of other types of property damage accidents are probably much less than these flooding odds. 4. Velocity is directly related to conveyance which, in turn, is directly related to depth of flooding and inversely related to the roughness of the channel. Because the proposed parking lol is nearly level and the roughness factor remains the same, there would prnhably not be a great difference in velocity at a point near the streamward edge of the parking lot and a point 10 meters landward. 5. The construction of flood water detention reservoirs in the Ralston Creek basin should reduce the magnitude and the frequency of damaging i floods. Obviously, such construction should also reduce the damage potential at the parking lot in question. Considering the above, it would appear that the approval of the special -use I permit is justified. I - Sulo IJ. WiIta]a, P. E. SWW:sd SHIVE•HATTERY b ASSOCIATES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I10111ES MINUTES RESOURCES CONSERVATION COMMISSION FEBRUARY 27, 1979 4:30 P.M. CIVIC CENTER CONFERENCE ROOM MEMBERS PRESENT: Bolnick, Denniger, Hotka, Stager. STAFF PRESENT: Tinklenberg, Lee. RECOMMENDATIONS TO THE CITY COUNCIL The Resources Conservation Commission recommends against the purchase of the Hewlett-Packard programmable calculator. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN Stager moved, Bolnick seconded, to approve the minutes of February 13, 1979, meeting as read. Approved unanimously. CONCLUSIONS OF DISCUSSION CONCERNING PROGRAMMABLE CALCULATOR Pros and cons were discussed. The pro is that it solves the problems for the building owner. The cons are that the cost of it is not justifiable, the City should act strictly as an inspector not a consultant, and there will be a continual need for an engineer to monitor the staff and machine performance. Hotka moved, Bolnick seconded, to recommend against the purchase of the calculator. Motion approved. Stager abstained. National Energy Act Status Report. The energy package was divided between the Commissioners for analysis and summarization. They are recorded as below: -The Natural Gas Policy Act and the Power Plant and Industrial Fuel Use Act were analyzed by Hotka. Hokta suggested that the National Gas Policy Act will not affect the City in the near future. This Act mainly controls the price of the natural gas and the development of additional gas reserves. The price of natural gas is tied in with increases or decreases in the Gross National Product. The Power Plant and the Industrial Fuel Use Act contains an incremental change on the price of natural gas used in the power and generating plants. -The Public Utility Regulatory Policy Act was analyzed by Bolnick. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 607 MINUTES RESOURCES CONSERVATION COMMISSION FEBRUARY 27, 1979 PAGE 2 He reported two points of interest to the Commission: 1. Cogeneration of small power production for alternative energy resources. It would require utilities to buy energy from small power production units in order to decentralize power production. 2. Title IV. The small hydroelectric power project providing loans for studies on producing electricity with existing dams may concern the City more. The loan repayment schedule varies from 10 to 30 years. -Energy Tax Act. Stager stated that the main point of this Act is that a person is entitled to a credit of 15 percent of the first $2,000 he or she spends on the components to conserve energy at home, for a maximum credit of $300. Also, a person can claim a credit of 30 percent of the first $2,000 plus 20 percent of the next $8,000 spent on renewable energy source equipment for a maximum credit of $2,200. -The National Energy Conservation Policy Act. Denniger reported that the federal government has ordered states to adopt energy policies in order to qualify for federal aid. The Commissioner agreed to prepare a detailed outline for the energy package in a few weeks. Tinklenberg reported that Professor Ellis will have students working on the Public Utility Regulatory Policy Act only. Recycling Bolnick suggested that people be reminded of various opportunities for recycling in Iowa City. A list of recycling opportunities could be composed and mailed to residents to remind them about recycling. Staff should find out the cost of printing and mailing such a flier. OTHER BUSINESS Denniger mentioned nuclear fission as the cheapest way of generating energy and that the possible problems and possibility of system failure are misstated by TV programs. A general discussion of nuclear fission followed. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I40IRES MINUTES RESOURCES CLb. ERVATION COMMISSION FEBRUARY 27, 1979 PAGE 3 Mandatory ation of f"I use Commission should analyze the Potentialaproblemext fall and the Sta should collect data on the gasoline old per motor vehi�cleuin John on bymassand The meeting adjourned at 6:00 P.M. Respectfully submitted, Roger Tinklenberg, Katy Lee Ira Bolnick, Secretary MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES MINUTES IOWA CITY HOUSING APPEALS BOARD JANUARY 11, 1979 MEMBERS PRESENT:SMITHEY, OWENS, POLLOCK, HILLSTROM MEMBERS ABSENT: GRAHAM, KLAUS STAFF PRESENT: KUCHARZAK, BURKE, BOWLIN, MALONE, BARNES Minutes of November 9, 1978 were approved as corrected. Minutes of December 14, 1978 were approved as corrected. Those who planned to testify were sworn in by the chairman. BOARD TO CONSIDER THE CASE OF MR. THOMAS MARTIN - 125 RIVER STREET Burke reviewed background information as contained in the staff report and introduced drawings based on measurements 'taken at the time of inspection. Malone described the conditions he observed during his inspection. Mr. Martin described the history of the house. He said the room has always been popular with student renters, and has not been vacant since he owned the property. Martin said drawings presented by staff were not accurate and that he has 82 square feet of floor area. Martin said closing the room would be an undue taking under the due process clause of the I Constitution. Malone indicated that the area on the south side has a partition wall and is used as a closet. Hillstrom asked for clarification on the partition and doorway to closet. i Bowlin commented that citation is proper because the requirements are unchanged from the State Code since 1919. Hillstrom asked Smithey to review powers of the Appeals Board. Smithey responded briefly. Pollock moved to uphold both items as cited. Motion was not seconded. Owens moved to uphold Item #5 (ceiling height) but not to uphold Item #4 (floor area). Hillstrom seconded the motion. Motion carried unanimously. i f (.0g MICROFILMED BY '1 JORM MICROLAB CEDAR RAPIDS -DES 140114ES IOWA CITY HOUSI..,; APPEALS BOARD JANUARY II, 1979 Page 2 BOARD TO CONSIDER CASE OF MR. A. J. LAREW - 308 N. CLINTON Chairman swore in those who would testify. Burke presented background information as indicated in the staff report. Burke withdrew both citations dealing with ventilation in the kitchenettes. Inspector Barnes distributed floor plans of the building to those present. These were drawn based on measurements taken during the inspection. She referred to these and to a drawing placed on the blackboard to describe the conditions she observed during her inspection. Barnes also introduced photographs of the kitchenettes. Larew said both bathrooms have windows. Trott said that an architect named Carpenter designed the apartments in 1937 and that the plans were reviewed by the City. Trott said the Terry Appeal sets a precedent relevant to this case. He said the Housing Code is for the rich, that 64% of units inspected last month were in violation, that Board members can make variations, that Supreme Court case 260-393 upholds his position, that if the unit can't be rented then it is taken without compensation, that Denny vs. Mt. Vernon (50 -2nd -983) held that the City had abused its police powers, so the violations should not be upheld. Holly Hart, a tenant in the property, testified that she had no problems living in a small apartment. I Larew said rent control did not support the building. His income from the building is diminished if he has to make changes. Tenants tike his small apartments. Bowlin established that kitchenettes have remained the same since 1937, but Larew did not recall date that bedrooms were set up. Approval of plans by the City could not be specifically verified. Kucharzak pointed out that the Board is not empowered to grant variances. Bowlin said the City objected to the Terry case decision and that it did not set up a compelling precedent. He said the requirements under consideration were established in 1919, long before Larew did the remodeling of his property in 1937. Burke drew a diagram on the blackboard to clarify bedroom layout. Trott made concluding remarks to Bowlin and the Board members. After comments from Hillstrom, Pollock and Smithey, Pollock moved to uphold item #4 (minimum room size - bedrooms) and item #2 (minimum room size - kitchenettes) as cited in the Notice of Violation. Hillstrom seconded the motion. Motion carried unanimously. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IOWA CITY HOUSI JANUARY II, 1979 Page 3 APPEALS BOARD BOARD TO CONSIDER CASE OF BREESE & CO. - 521 KIRKWOOD Chairman swore in those who would testify. Poula said he and his client were appearing in order to take the case to court,'after exhausting the administrative remedy of the Appeals Board. He agreed to install a handrail on the steps without further contesting the item, after he viewed a photograph of the property. A completion date was not established during the meeting. Burke presented background of the case as contained in the staff report. Inspector Barnes related her observations in the field and presented photographs of the contested items. Poula argued that police powers of the City do not apply to the items contested. He felt these were a matter of aesthetics. Poula said there is no factual dispute being offered, but requested the citations be overruled. Mr. Breese concurred. Bowlin inquired about the gutters and the reference to the Reihmann case mentioned by Poula. I Poula stated the house is an an MI zone. i Kucharzak recited the order to show that aesthetics were not the concern here. Poula disagreed. Hillstrom commented on aesthetics and gutters. Smithey asked Barnes to clarify her observation of the gutters and fence. Hillstrom moved that items #I, 3 & 5 of the Notice of Violation be upheld as cited. Pollock seconded the motion. Motion carried unanimously. I OTHER BUSINESS Burke requested that the Board consider meeting every two months instead of on a monthly basis. He and Kucharzak explained that the monthly schedule was causing administrative problems. After some discussion, Owens moved that the Board schedule its next meeting for the second Thursday in March at 8:00 AM. Hilstrom seconded the motion. Motion carried unanimously. 4 Meeting was adjourned. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NES