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HomeMy WebLinkAbout1997-02-25 Bd Comm minutesMINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 6, 1997 -7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Jane Jakobsen, Lea Supple, George Starr MEMBERS ABSENT: Dick Gibson STAFF PRESENT: Bob Miklo, Scott Kugler, John Yapp, Sarah Holecek, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, of ANN96-0003, a request for annexation of approximately 140.5 acres located east of Scott Boulevard north of Highway 6. Recommended approval, by a vote of 5-1, with Ehrhardt voting no, of REZ96-0021, a request to rezone approximately 140.5 acres from County M1 to C1-1, (38.93 acres) and I-1, (101.57 acres), for property located east of Scott Boulevard, north of Highway 6, subject to the Conditional Zoning Agreement as referenced in the February 6, 1997 memo to the Planning and Zoning Commission with additional language regarding federal, state, and local regulations to be added by staff. Recommended approval, by a vote of 6-0, of SUB96-0029, the preliminary and final plats of Mt. Prospect Addition, Part VIII, subject to City Council approval of the vacation and disposition of Gable Street. Recommended approval, by a vote of 6-0, of SUB97-0001, a preliminary plat of Court Park Subdivision, a six-lot, 1.66 acre residential subdivision located at 2729 East Court Street, subject to the approval of a Sensitive Areas Site Plan prior to City Council consideration of the plat, and subject to the preliminary plat being amended to reflect general conformance to the driveways shown on the documents submitted to the Planning and Zoning Commission and a turnaround o~n Lot 5. Recommended approval, by a vote of 6-0, ofVAC97-0001, to vacate the portion of the alley located south of Lot 2 of the A. E. Strohm Addition, located south of Bowery Street between Governor and Lucas Streets. Recommended approval, by a vote of 4-1-1, with Jakobsen voting no and Chait abstaining, the amendment to Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to remove the requirement for off-street parking spaces for commercial uses in the CB;5, Central Business Support Zone. CALL TO ORDER: Chairperson Starr called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. COUNCIL (LISA, I SIDED) (,,30 Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 2 ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Starr said that there is one vacancy on the Johnson County/Iowa City Airport Zoning Board of Adjustment to fill a five-year term ending February 26, 2002. He said that the. appointment will be made at the February 11 meeting of the Iowa City City Council. ANNEXATION/REZONING ITEM: ANN96-0003/REZ96-0021. Discussion of an application submitted by A. F. Streb for annexation and rezoning of a 140.5 acre tract from County M1, Light Industrial, to C1~1, Intensive Commercial (38.93 acres) and I-1, General Industrial (101.57 acres) for property ' located on the east side of Scott. Boulevard, north of Highway 6. (45-day limitation period expires February 9, 1997) Kugler discussed new information regarding the application. He stated that staff does not feel the need for a Comprehensive Plan amendment, given the size of the proposed C1-1 zone along Scott Boulevard in relation to the overall industrial zone existing there and proposed for the future, and also because of the quasi-industrial nature of the C1-1 zone. Kugler discussed issues regarding the Conditional Zoning Agreement (CZA). He cited a letter from the applicant's attorney, Robert Downer, raising questions about items in the CZA. Kugler said regarding the infrastructure, the applicant had agreed to install all of the infrastructure right away, but has retreated from that position somewhat. Kugler said the applicant still intends to install the infrastructure, but would like to postpone some of the work, in the event that some future industrial users would require a different lot configuration. Kugler said this would be acceptable, provided the applicant gives assurance in the form of a letter of credit or an escrow that the infrastructure will be provided. Kugler said it is staffs position that the CZA already has this flexibility built in, and recommends no changes. With regard to sidewalks, Kugler said the applicant would like to have the City install the sidewalks on the outlots that will be dedicated to the City. He said staff disagrees and will continue to recommend that the applicant provide sidewalks in that area, as is typical in any subdivision before land is dedicated to the City. The granting of right-of-way and easements mentioned in the letter are more than offset by the increase in the value of this property as a result of the City constructing Scott Boulevard and the trunk sewer, in staffs opinion. Kugler stated that, with respect to design issues, some changes have been made to the CZA to address the matter of lots that are visible from, but not abutting Scott Boulevard and Highway 6. He said some screening and landscaping would be required where deemed necessary. Kugler said freestanding signs will be allowed at one per drive access, each to be located at the drive access for which it is approved. He said individual businesses can have other signs, but not additional freestanding signs. Bovbjerg asked if the applicant was substantially in agreement with these requirements. Kugler said after talking with Downer, the only item left on which there is a difference of opinion is the sidewalks. He suggested that the Commission confirm this with the applicant. Holecek stated she had discussed with Public Works including language to require the storm water management plan to address containment of possible hazardous waste spills. She said Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 3 she discussed the matter with Rick Fosse, the City Engineer, who thinks the plan may not be functional and will be cost prohibitive. Holecek stated that with the development of each lot, the Iowa Department of Natural Resources (DNR), depending on the type of industry, will assess whether or not hazardous materials will be used by the industry on that lot. She said if the industry is using hazardous materials, it will be required to provide a containment system specific to that area. Holecek said the attempt to contain any hazardous wastes or spills by a storm water management system would. be expensive to build considering its level of efficiency and effectiveness. She added that once built, it would also have to be monitored and tested. She said the City Engineer is against it for these reasons. Starr asked if the current requirements mandate a multitude of containments depending on the use of the property. Holecek confirmed this and said the DNR would review each site as it is developed. Bovbjerg asked if the review were automatic. Holecek did not know. Bovbjerg asked if the review could be specified in the CZA. Holecek responded that the CZA language includes a requirement to comply with all state, local and federal laws. Bovbjerg asked if a review would reoccur if a property were sold. Holecek stated that she would check into the issue. She said that it could be specified in the CZA that any hazardous waste'requirements as well as DNR requirements must be met. Kugler suggested making it an additional statement as a condition in Section 3 of the CZA to make it more recognizable and explicit to anyone studying the CZA. Bob Downer, the applicant's attorney, discussed the application. He said they have reviewed the revised CZA and find it satisfactory. Downer added he has no objection to clarifying the necessity for complying with applicable DNR requirements as long as it is merely calling attention to requirements that must be met. He stated that he would object to additional requirements being imposed on this subdivision. Downer stated that drainage from 1200 acres to the west and the north flows through this subdivision, much of which is from an industrial area. He said additional requirements have not been imposed on industries in these areas. Starr asked if the CZA would still be acceptable to the applicant if additional language pertaining to the DNR issue were added. Downer said he had no objection to working with staff to add a notice requirement for DNR compliance. Supple asked Downer if the applicant would be willing to install the sidewalks on the outlots. Downer said they would be reluctantly willing to do so. Public discussion: Richard Rhodes, 2014 Rochester Avenue, said that industrial areas have constant handling of toxic waste and materials and therefore spills are most likely there. He added that under an agreement with the EPA, the City has requirements to protect Snyder Creek Bottoms, which are located down the drainage way from this area. He said he still believes that a second barrier is needed between potential spills and the Snyder Creek Bottoms. He suggested that outlots be gated or perhaps temporarily blocked as a less expensive measure to contain spills outside of the fairly limited NPDES containment areas. Rhodes stated that human error can occur without warning, e.g., railroad cars tip over, etc. He said it is unlikely that the area will ever be developed for anything other than an industrial use and that planning should be for the long-term and should include a second safety barrier. Starr Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 4 stated that accidents can also occur outside industrial areas. Rhodes said that current requirements may be adequate for on-site purposes, but are not necessarily adequate for the transfer of materials. He added that the cost for a relatively simple system would be low per person per year considering the long-term benefits lasting 1'00 years or more. John Wetzel, 106 East 2nd St, Davenport, Iowa, stated that he is an Economic Development Consultant with Mid-American Energy Company. He said that he has dealt with many new plants and plant expansions over 20 years and he has seen the process of granting permits for industries in the state of Iowa. He remarked that there is a process in place to ensure that DNR permit granting and review occurs. Wetzel said that it is standard operating practice now. Wetzel also said if railroad services are required by an industry here, it would probably be for hauling solids, because the industries that require liquid materials generally require much more area than is available in this development. Public discussion closed. MOTION: annexation Highway 6. Bovbjerg moved to recommend approval of ANN96-0003, a request for of approximately 140.5 acres located east of Scott Boulevard north of Jakobsen seconded the motion. The motion carried on a vote of 6-0. MOTION: Chait moved to recommend approval of REZ96-0021, a request to rezone approximately 140.6 acres from County M1 to C1-1, (38.93 acres) and I-1, (t01.57 acres), for property located east of Scoff Boulevard, north of Highway 6, subject to the Conditional Zoning Agreement as referenced in the February 6, 1997 memo to the Planning and Zoning Commission with additional language, regarding federal, state, and local regulations, to be added by staff. Jakobsen seconded the motion. Bovberg asked Commission members if they were comfortable enough with the current wording to vote or would members prefer to defer the application. Starr stated that he was comfortable with the Conditional Zoning Agreement and the changes made to it. He said the CZA is a good agreement. He thought the environmental issues were very important, but noted he was comfortable with the DNR's requirements and provisions at this point. Supple said sheis in' favor of some commercial development in the area and hoped to see a different configuration of streets with more variety when the final platting is done. Ehrhardt stated that she is still not convinced that commercial development should be allowed in this area. She said she supported the industrial zoning, but not the commercial zoning. The motion" carried on a vote of 5-1, with Ehrhardt voting_.no. DEVELOPMENT ITEMS: SUB96-0029. Discussion of an application submitted by Frantz Construction Co. for preliminary and final plat approval of Mt. Prospect Addition, Part VIII, a 9.02 acre, 14-1ot residential subdivision located east of Sycamore Street and south of Lakeside Drive (45-day limitation. period expires February 9, 1997). Yapp stated the applicant proposes to subdivide the 9.02 acre tract into a subdivision with 13 lots for single-family homes and reserve the fourteenth lot for a religious institution. He said Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 5 the application for a religious institution use of Lot 307 will be considered by the Board of Adjustment at its February 12 meeting. He added that at the January 16 meeting, the Commission recommended vacation of Gable Street, subject to the retention of utility easements, the retention of an acceptable public access easement, and the approval of the preliminary and final plats of this subdivision. He stated that the Gable Street right-of-way would become part of Lot 307. Yapp said a public access easement has been identified that is acceptable to both the City and to the affected property owner of Lot 245. He said the easement would be along the east property line of Lot 245 and would be 15 feet wide, except for five feet at the entrance, where it would be 18 feet wide. Yapp added that staff also recommends that a 20-foot easemeQt for a planned trail connection be provided along the east boundary of Lot 307 and a note to this effect has been added to the plat. He stated that the City Council will consider the regional storm water facility at the February 1'1 meeting. Yapp said if the regional facility is not approved, an alternative storm water basin will be provided on-site. Yapp said because an area of hydric soils has been identified on the plat, the U.S. Army Corps of Engineers has been contacted to make a wetland determin~ation. The determination must be made before final plat approval by the City Council. Yapp said staff recommends approval of the application, subject to the City Council's approval of the vacation and disposition of Gable Street. Supple asked about the Board of Adjustment review. Yapp said the Board of Adjustment will meet February 12 to consider the religious institution use. He stated that if the religious institution use is not approved, a single-family residence could be built on Lot 307. Supple stated that she would like to see a different configuration of the new Gable Street if part of the subdivision is not developed to accommodate storm water management. Miklo said that an alternative street configuration, if the regional facility is not built, has not been fully considered by the Fire Department and other entities. He suggested adding no conditions to the application until it could be studied more fully. Bovbjerg asked if the regional facility is postponed, could the lots reserved for on-site storm water man~agement be built on later when the regional facility is constructed? Yapp did confirm this and stated that there is a note on the plat to this effect. Larry Schnittjer of MMS Consultants, representing the applicant, stated he would not like to see a change in the street configuration as it would result in installing a street next to an existing · lot, i.e. Lot 276. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to recommend approval of SUB96-0029, the preliminary and final plats of Mt. Prospect Addition, Part VIIi, subject to City Council approval of the vacation and disposition of Gable Street. Supple seconded the motion. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 6 Jakobsen said she would vote for the motion, but said she still sees a lot of variables between the time of the vote and the time the matter will go before City Council. She said she would prefer to defer the matter if there were no deadline. She stated she would also prefer to hear the Board of Adjustment meeting results before she votes. The motion carried on a vote of 6-0. SUB97-0001. Discussion of an application submitted by MitchelI-Phipps Building and Design for preliminary plat appreval of Court Park Subdivision, a 1.66 acre, 6-lot residential subdivision located at 2729 East Court Street (45-day limitation period expires March 2, 1997). Kugler stated that all of the technical deficiencies have been addressed since the informal meeting. He said the only issue remaining is whether there will be any access restrictions to these lots. Kugler said staff recommends requiring shared driveways, because the subdivision will be located along an.arterial street and also because there may be a problem with sight distances because of the hills in the area. Kugler said the Sensitive Areas Site Plan is now being reviewed and he expects it to be approved prior to City Council consideration of the plat. He said neighborhood open space is required here, because it is a residential subdivision, but it would be a minimal amount. Kugler said staff recommends that the open space be dedicated at the east end of the lots at the base of the hillside, which would help to preserve some trees in the area. He said the Parks and Recreation Division has discussed purchasing Lot 6 with the applicant, but'it may be cost prohibitive. Kugler stated staff recommends that this application be approved, subject to approval of a Sensitive Areas Site Plan prior to City Council consideration of the plat, and subject to access restrictions along Court Street that would limit the number of access points and require shared driveways. Kugler said three shared driveways are recommended for the subdivision. Bovbjerg asked about the required setbacks for this subdivision. Kugler said the requirement is 40 feet for lots on an arterial street, but there are provisions in the code allowing reductions based on what is existing on adjacent lots. He said the setback is usually handled when the building permit is applied for, and any further reduction can be requested by special exception through the Board of Adjustment. Larry Schnittjer of MMS Consultants said he is concerned about the request for shared driveways. He said that the other houses on this street each have a driveway and that a shared driveway could often cause problems between neighbors. Starr asked if the shared driveways would be any different than that in a zero lot line neighborhood. Schnittjer said that in a zero lot line situation, the owner knows what the case will be when he buys the property. Supple asked about having turnarounds to allow property owners to drive out onto Court Street frontwards. Schnittjer stated that it would depend on the required setbacks. Ehrhardt asked about potential water runoff to lots to the south of this subdivision. Schnittjer stated that the grading plans include a drainage swale that would be constructed along the back portion of the lots so that any water will be intercepted there and be carried to the existing Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 7 storm sewer or to the creek. Kugler said that Engineering is reviewing the plans and will require more erosion control measures at the back lot lines. Bovbjerg asked if a property owner can change the contours of the land and therefore change the water containment. Holecek said that the issue would not be addressed in the legal papers; it would have to be taken care of through a civil action. Bovbjerg asked what could be done to prevent such a lawsuit. Holecek said the drainage swale will be shown as a public improvement required in the Subdivider's Agreement and should not be changed by a homeowner. She said the City could ask for an easement preventing an owner from changing the drainage swale. Schnittjer said the swale is part of the Sensitive Areas Development Plan and as such, the City would have the opportunity to require changing it back if it is altered, but that drainage' easements are usually used for larger developments. Public discussion: Lisa Ziniel. 2742 Court Street, asked if the developer will remove the house on Lot 1 and if there will be any zoning changes. Starr said that the zoning will not change and Kugler said that the house on Lot 1 will be removed. Ziniel said she was concerned about shared driveways on the street adversely affecting property values. She said it would be atypical of the entire area. She said she does not see the shared driveways affecting the traffic flow in any way. Ziniel stated her primary concern was the potential density of the subdivision and having something constructed that will benefit the property owners in the area. Bovbjerg asked Ziniel about traffic patterns in the area. Ziniel said she lives on the lot west of the intersection of Shrader and Court streets. She said she does not see a traffic problem or a constant flow of heavy traffic. Ziniel said even though she could turn around in her driveway, she is always able to back out of her driveway, Starr said that it is now City policy to limit direct access to arterial streets in any new development and that on this street there could be a potential increase in traffic, because of future development on the east side of Iowa City. Glen Meisner, 1917 S. Gilbert Street, MMS Consultants discussed the shared accesses proposed by staff. Meisner said he spent a couple .of hours marking the new access points and that they could be viewed at the development site if anyone wanted to see them. Meisner distributed a map showing driveways he had proposed for each lot. He said under either scenario, there would be the same number of vehicles. He noted the issue is finding a good location for the driveways and good sight distances. Meisner suggested moving the driveway on Lot 1 from the west side of the lot to the east side of the lot. He added that Lots 2 and 3 are located on the highest part of the street and there would be no problem with sight distances. He said if Lot 3 were to share with Lot 4, it would adversely affect the sight distance from Lot 3. Meisner said on Lot 4, he would move the driveway up the hill as far as possible where there is good sight distance. He said that any problem area, if one exists, would be between Lots 4 and 5. Meisner said he would move the driveway on Lot 5 to the east and it would have better visibility than Shrader Road has turning onto Court Street. He said he would move the driveway on Lot 6 to the east to give it even better visibility. Meisner said that the developers would be willing to install a turnaround driveway for Lot 5, in order for cars to pull onto Court Street face first, if necessary.. ' Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 8 Meisner said he has not heard of accidents on Shrader Road and that this subdivision would have better visibility than that intersection. He added that befor_e the property was optioned by the present developer, he did contact City Engineer Rick Fosse to ask him about direct access from the six lots onto Court Street and Fosse indicated to him that the driveways would be acceptable. Starr asked if the recommendation were to be approved without being subject .to the shared access, would the preliminary plat need to be revised. Kugler said that it would not, because the plat does not show any access restrictions. Public discussion closed. MOTION: Supple moved to recommend approval of SUB97-0001, a preliminary plat of Court Park Subdivision, a six-lot, 1.66 acre residential subdivision located at 2729 East Court Street, subject to the approval of a Sensitive Areas Site Plan prior to City Council consideration of the plat, and subject to access restrictions along Court Street that would limit the number of access points and require shared driveways. The motion died for lack of a second. MOTION: Jakobsen moved to recommend approval of SUB97-0001, a preliminary plat of Court Park Subdivision, a six-lot, 1.66 acre residential subdivision located at 2729 East Court Street, subject to the approval of a Sensitive Areas Site Plan prior to City Council consideration of the plat. Supple seconded the motion. Bovbjerg asked how to proceed with indicating specific driveway locations on the plat. Starr said that it should be in the recommendation so that the motion would need to be amended. Miklo said that if it were included in the motion, the preliminary plat would have to show those driveway locations before it goes before City Council. AMENDMENT TO THE MAIN MOTION: Bovbjerg moved that the motion be amended to be subject to the preliminary plat being amended to reflect general conformance to the driveways shown on the documents submitted to the Planning and Zoning Commission and a turnaround on Lot 5. Jakobsen seconded the motion. The amendment to the main motion carried on a vote of 6-0. The main motion carried on a vote of 6-0. VACATION ITEMS: VAC96-0003. Discussion of an application submitted by Hawkeye Lumber Co. to vacate the north 200 feet of the alley between Lafayette and Benton Streets, west of Dubuque Street. Starr stated that this application had been withdrawn by the applicant. VAC97-0001. Discussion of a City-initiated application to vacate an alley located between Governor and Lucas Streets, south of Bowery Street. Miklo showed the 'location of the alley on the map. He stated that a recent request for a building permit for the construction of a duplex on Lot 2 was the impetus for a petition by Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 9 neighboring property owners asking that the City keep the alley closed. Miklo said the alley was never officially closed or vacated, but the City Council initiated this request as a result of the petition. Miklo said the alley was abandoned many years ago except for the northernmost portion of the alley. He stated that the properties on both Governor and Lucas Streets all have existing means of access via those two streets therefore the alley is not necessary for vehicular access. Miklo said that the alley is a 12-foot wide right-of-way, but a typical alley is 20 feet in width and is paved or surfaced with rock for a width of 16 feet; therefore this is a substandard alley. Miklo said alleys can be beneficial, resulting in a more attractive streetscape, but that in this location, the properties have already been developed and the streetscape is not affected whether or not there is an alley. Miklo said that it would be unreasonable to allow additional traffic onto the alley, because the City does not maintain alleys and the burden would fall on the property owners adjacent to the open portion to maintain it. Miklo said it may be unreasonable to introduce traffic into an area where the neighborhood has become accustomed to the lack of traffic. He said staff therefore recommends that the portion of the alley located south of Lot 2 be vacated and not be allowed open for further traffic because of its substandard condition and the fact that the neighborhood is unaccustomed to traffic in that area. Miklo said that staff did not know of any utilities in the. area and is currently awaiting responses from inquiries into the matter. Ehrhardt asked if the developer could buy the property that comprised the alley. Miklo said that staff would not recommend it because of the potential for future redevelopment. Public discussion: Ron Sweetin.~, 1104 Penkrid~e Drive, said he has used the alley on an as needed basis to access his properties since 1982. He said he also plans to construct a duplex on Lot 3 with a garage with access through the alley. Sweeting said he had originally asked to leave the alley open for an additional 140 feet, but would be willing to compromise and only ask for the alley to be left open to include the back portion of Lot 3. Starr asked if the alley access is requested because of a design issue, and Sweeting responded that it would be his preference to access the garage through the alley. Martin Gaffer, 3209 Raven Street, said that he owns a property at 815 Bowery Street. Gaffey distributed a picture of the alley in question. He cited what he thought were a couple of discrepancies on the map of the area. Gaffey stated that the portion of the alley that jogs to the right at the south end by the railroad tracks was purchased by one of the property owners several years ago. Gaffey referred to the alley between Dodge and Lucas Streets and said that more traffic uses that alley than uses Raven Street, where he lives. He stated that he believes that Sweeting wants to keep the alley open because of the higher cost of paving a driveway from the front of the property to the back as opposed to using the alley. Gaffey said he initiated the petition to vacate the alley. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 10 Gaffey said that his property has six units with five cars. He said according to the ad in the Press-Citizen, Sweeting is advertising his duplex as 2, 3 and 4 bedroom units. Gaffey said that he can envision eight cars using the alley for a duplex. Bovbjerg asked Gaffey where the tenants for his building parked. He said that his tenants can access their parking from both Bowery Street and the alley. Bovbjerg asked who paid for maintenance of the alley. Gaffey said the City hauls gravel to the alley and that he and Charles Heath have paid for the gravel. Diana Velez, 627 South Governor Street, said that the north/south portion of the alley was not open at all until Sweeting began parking his truck in the alley. She said that she would not like to have any additional traffic in the alley. Velez said she does not believe that the new construction reflects responsible development. She said the alley was basically a country road until the point when Sweeting started parking his truck there and now it is a construction site. Velez said Sweeting cut down part of a tree that did not belong to him and she cited this as an example of irresponsible development. Mary Jo DeMeulenaere, 634 South Lucas Street, stated that she owns the property on Lot 4 and has lived there for nine years. She said the alley is just a grass strip. DeMeulenaere said leaving the alley open would have a negative impact on the neighborhood through increased car and pedestrian traffic, increased trash, increased risk to the children in the neighborhood and decreased property values. She said her neighborhood has a community feeling with a wide mix of people, and opening the alley to more traffic would have a destructive affect. DeMeulenaere asked to approve the request to close the alley permanently so that the neighborhood will remain a safe, stable and affordable area in which to live. Ehrhardt asked if Sweeting had to go through a process to reopen the alley. Miklo said there was no process to open an alley that has never been formally vacated. He added that Sweeting had applied for a building permit and the building official issued a permit based on the fact that there was a platted alley there, not necessarily one that had been maintained. Jackie Omahen, 640 South Lucas Street, said she owns the property on Lot 6. Omahen said Sweeting also owns the property at 638 South Lucas and he had wanted to buy her property when it was for sale five years ago. She said Sweeting wanted to buy both properties in order to tear down the buildings. Omahen said the homes in the area are from the 1920s and have a lot of character and add to the history of the City. She said she would like to close the alley and let it remain a quiet neighborhood and keep the integrity ~)f the area. Derrick Abromeit, 625 South Governor Street, said he has concerns about keeping the alley open. He said he was also concerned about safety issues and also wanted to keep the quiet neighborhood atmosphere. Abromeit said opening the alley to traffic would add safety and security costs to the owners and additional burdens. Abromeit said the City now competes with Coralville, as opposed to Coralville, Iowa City has charm, and that is why he lives here. He said the area is a quiet, historic, family-oriented neighborhood and he would like it to stay that way by vacating the alley. Dave Jackson, 817 Bowery Street, said he owns a single-family home in the area. He said he is concerned about the issue of utility. Jackson said he is concerned about the amount of traffic and the increased density which he believes Sweeting would cause to occur. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 11 Jackson said the alley is not well maintained with regard to appearance, width, and condition and is not sufficient enough for the traffic that already uses it. He said he only sees the potential for more traffic and more problems to leave the alley open to traffic any farther south than Lot 2. Jackson said he never saw the alley as anything that could be accessed by vehicles. Pierce Brown III, 633 South Governor Street, said his primary concern with keeping the alley open to traffic to the south is security. He stated the alley is all overgrown with grass and that visibility is not good there. He said he is concerned about the possibility of theft because of the ease with which a person could be unobserved in the alley. Brown said the alley would be deficient for traffic for any more potential garages beyond Lot 2. He said he supports the petition to vacate the alley. Brown added if the alley had to be brought up to standards, then the area for the alley would have to be expanded, thereby encroaching on the property of the adjacent owners. Starr stated that the issue in this application is one of vacation and not one of density. He said that a property owner is within his legal rights to build garages abutting the alley. He said that is not the issue, but access to those garages is the issue. Charles Heath, 814 Davenport Street, said he owns the property at 615 South Governor, which is the last piece of property that has access to the alley. He said he has helped maintain the alley for the last ten years. Heath said beyond his property, the alley is just grass. He stated that he asked neighbors before he bought the property what the neighborhood was like and that they had responded that it was a very quiet neighborhood. Heath stated that the alley is not designed to handle any more traffic than it already has. Alan Ross, 627 South Governor Street, stated he sees the issue as the amount of traffic in the alley, which is also affected by the density in the area. He said that it would make a major difference to open the alley to traffic and that it is a pretty closely packed neighborhood already. He said that more traffic would make a substantial difference to the comfort of the people living in the neighborhood. Sweeting stated that he owns three lots in the affected area. He said he would reconsider asking for the 140 feet extension beyond Lot 2 and ask for just 60 feet'to the next lot as a compromise. He added that he plans a duplex on Lot 3. Gaffey stated that he would like to see access to any future garages come from the street and that he sees the issue of using the alley as a matter of cost, as it would be cheaper to just use the alley as access. Richard Rhodes, 2014 Rochester Avenue, said he would like the alley to remain a public right- of-way, because even substandard rights-of-way are useful for access. He said maintaining a public right-of-way would result in less concrete being poured through yards to access garages in the back of houses. Rhodes said if the alley is vacated, he envisions parts of the alley being converted to private use. He said if the City ever does want to reopen it, then there will be even more protests. Public discussion closed. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 12 MOTION: Ehrhardt moved to recommend approval of VAC97-0001, to vacate the portion of the alley located south of Lot 2 of the A. E. Strohm Addition, located south of Bowery Street between Governor and Lucas Streets. Bovbjerg seconded the motion. Starr said that he is in favor of the vacation south of Lot 2 primarily because the Commission can respond to what appears to be the majodty of property owners in the area. He stated that extension of the vacation to Lot 3 may be reasonable, but since the property has not yet been developed and the plans have not been made, there is still an opportunity for alternative access. Jakobsen said she is in favor of the motion and is pleased with the makeup of the neighborhood. Supple said she likes alleys and sees the vacation as similar to the end of an era. Chait said he supports the neighbors in their efforts, but he has a conflict, because he has concern for the existing rights of the property owner, Sweating. He said he will vote to close the alley, because it is substandard. Bovbjerg stated that since the alley is a substandard alley, it should only progress to Lot 2. She added that the concern of the neighbors is very convincing. Ehrhardt said she has walked down that alley and she cannot imagine having traffic on it. She said it is not suitable for traffic. The motion carried on a vote of 6-0. Miklo stated that the City Council will tentatively set a public headng at the February 25 meeting and will hold the public hearing on March 4. He said property owners could call the Planning Office to confirm the exact dates. CODE AMENDMENT ITEM: Discussion of an amendment to Title 14, Chapter 6, Entitled "Zoning," Article N, entitled "Off- Street Parking and Loading, "to remove the requirement for off-street parking spaces for commercial uses in the CB-5, Central Business Support Zone. Miklo stated that the CB-5 zone was enacted in 1992 and covers the area generally south of Burlington Street to Court Street, from Madison Street on the west to Gilbert Street on the east and also some properties that front on Gilbert Street. He added that when the ordinance was adopted, there was no parking requirement for commercial uses in the CB-5 zone, but there was a requirement for residential uses. Miklo said that two years later a parking requirement was imposed at one space per 1200 square feet along with an impact fee so that a percentage of the requirement had to be in the form of fees paid in lieu of parking. He stated that the City Council is now reconsidering that decision and would like the recommendation of the Planning and Zoning Commission as to whether or not the parking requirement for commercial developments in the CB-5 should be removed. Miklo said that as the ordinance is drafted, the parking requirement would be removed and there would be a cap of a maximum of one space per 500 square feet of floor space if a property owner wanted to voluntarily provide parking for his or her establishment. Miklo said that the theory behind removing the parking requirement is that parking would be provided in a public garage in a central location that would help the City direct the flow of traffic. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 13 He said removing the parking requirement may make it more attractive to build commercial properties in the area. Miklo said that staff recommends the ordinance as drafted. Ehrhardt asked if the revenues are enough to build a parking garage without the parking impact fee. Miklo said the impact fee was only a portion of the revenue required. He said the parking garage would be financed with a revenue bond and that the hourly fees, as well as fees from the residential requirements, would go toward retiring the revenue bond. Chait said that he would abstain from discussion and voting on the matter because he owns property in the area and therefore may have a conflict of interest. Bovbjerg asked if a potential parking ramp would have assigned spaces. Miklo said that permits could be purchased by tenants of the commercial or residential units, but that the general spaces would be as in the other parking temps on a first-come, first-serve basis. Bovbjerg asked if there have been any studies to show whether parking requirements and impact fees have had a significant impact on what has been built in the zone. Miklo said that one building was built before the fees were implemented and one building was built after the fees were implemented. He said that there was no empirical evidence to show whether or not the fees have impacted the construction in the area, but that in {heory he thinks it would have an impact as it would be more economical to build without the fee. Ehrhardt asked about the amount of the impact fee. Miklo said that the fee is approximately $4,000 per space adjusted on an annual basis for inflation. Public discussion open: There was none. Public discussion closed. MOTION: Bovbjerg moved to recommend approval of an amendment to Title 14, Chapter 6, Entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to remove the requirement for off-street parking spaces for commercial uses in the CB-5, Central Business Support Zone. Supple seconded the motion. The motion carried on a vote of 4-1-1, with Jakobsen votin~ no and Chait abstaining. Jakobsen stated that she voted no because there is no empirical proof that the removal of the impact fee would make a difference. REVIEW OF THE JANUARY 16, 1997 PLANNING AND ZONING COMMISSION MINUTES. MOTION: Bovbjerg moved to approve the minutes of the January 16, 1997, meeting of the Planning and Zoning Commission. Jakobsen seconded the motion. The motion carried on a vote of 6-0. Iowa City Planning & Zoning Minutes Thursday, February 6, 1997 Page 14 OTHER BUSINESS: Miklo said that there will be no informal Commission meeting on February 17 and that the next meeting will be the formal one on February 20. Jakobsen said that she could not attend the February 20 meeting. Ehrhardt stated that the Johnson County Urban Erosion Control Conference will be held on February 19. Miklo said it might be a very technical conference. Miklo said that election of officers will be postponed to the meeting of March 6. The meeting was adjourned at 10:28 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. plxladmtn/rnin/p&z2-6.min IOWA CITY PLANNING AND ZONING COMMISSION MEETING THURSDAY, FEBRUARY 6, 1997- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name Address 12. 17. 18. 19. SENIOR CENTER COMMISSION MEETING January 15, 1997 Assembly Room MINUTES MEMBERS MEMBERS STAFF: GUESTS: PRESENT: Hora, Miller, Mobily, Monsanto, Wallace, Zell. ABSENT: Ballantyne, Conner, Kemp. Kopping, Milster, Seal. Mary Pat Conway, Janice Williams (COE). INTRODUCTION - Wallace Meeting called to order at 3:05 p.m. Introduction of guests. MINUTES - Wallace Action · Monsanto moved to accept the minutes as distributed. Hora seconded. Motion passed, all ayes. PUBLIC DISCUSSION - Wallace No Public discussion. GOAL COMMITTEE - Wallace · Members of the Goal Committee include Mobily, Zell, Wallace and Kopping. · The next committee meeting will be held January 21. SCC MINUTES Jan. 15, 1997 Page Two · The committee is progressing toward the completion of a final draft of its recommendations and hopes to present them at the next Commission meeting. ELECTION OF OFFICERS - Wallace · The following officers were elected for the 1997 Commission: · Chair - Wallace · Vice Chair - Kemp · Secretary - Miller SENIOR CENTER UPDATE - Kopping Operations · Walk of the Stars Discussion: · The Senior Center is renting an 8' x 10' booth for the January 17 - 19 event. It will feature a photo display; coloring sheets for children (Saturday is Kids' Day); a newly created Senior Center brochure; candy; bookmarks; samples of the POST; and an opportunity for visitors to participate in an SCTV interview. Other gifts include a Senior Center mug or tote bag for people who participate in SCTV interviews and Senior Center t-shirts for grand door prize winners. Staff members and volunteers will be on hand to promote the Center, conduct interviews and distribute gifts. An ad in the Press Citizen's Walk of the Stars brochure has also been purchased. SCC MINUTES Page Three Jan. 15,1997 · Personnel Issues Discussion: · Bill Cole has submitted his request for retirement; his last day will be March 28, 1997. Julie Seal is planning a recognition program for him. In the meantime, Bill is in the hospital after a reaction to medication and is expected to return within the week. Carl Frederick has been filling in for him. · Survey Discussion: · Professor John Fuller notified Kopping that his department has agreed to administer the Senior Center survey. Professor Jim Throgmorton is the faculty supervisor; Kate Speltz and Jayne Moraski are the students involved; and an advisory committee comprised of John Conner, Kemp, Rogusky and Kopping has been formed. The survey, which will cost $3,424, should be completed by this spring or summer. Programs - Seal · Upcoming Programs Discussion · Upcoming activities include: Two performers with Hancher's Young Artist series on February 4 and 24; a Spanish class; three events for Black History Month (one of which is the rescheduled lecture of Adrien Wing, postponed by inclement weather); a new Armchair Traveler series; and a Senior Citizen Day at Carver-Hawkeye Arena. SCC Minutes Page Four Jan. 15,1997 · The Commission complimented Seal on the success of this month's Martin Luther King series. Volunteers - Kopping for Rogusky · Holiday Bazaar Discussion: · Kopping discussed and distributed a new summary of the results of the Holiday Bazaar. · POST Content Advisory Committee Discussion: · The committee hopes to have its recommendations available for the Commission in February. COMMISSION VISITS ~ Wallace Council of Elders Meeting - Monsanto · Monsanto attended the meeting. No report available. Board of Supervisors -Zell · Zell attended and discussed the Martin Luther King activities. · Monsanto will attend the next meeting. City/Council- Miller · Did not attend due to prevailing council issues. SCC Minutes Page Five Jan. 15, 1997 COUNCIL OF Discussion: ELDERS PRESENTATION - Williams The council: · Had a presentation by Elderly Services and RSVP. · Discussed the fair and quilt raffle. · Expressed its pleasure at the creation of the scholarship fund. COMMISSION DISCUSSION Wallace · Committee functions of the Commission were explained. · Wallace extended a welcome to Commission members to visit Senior Dining and to hear the Swing Timers on the third Thursday of the month. Zell moved to adjourn; Monsanto seconded. The meeting was adjourned at 4:08 p.m. Minutes prepared by Kate Milster, Senior Center Secretary Minutes approved by Terri Miller, Senior Center Commission Secretary