HomeMy WebLinkAbout1997-07-29 Bd Comm minutesMINUTES
PLANNING & ZONING COMMISSION
JULY 3, 1997 - 6:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, George Starr, Lea
Supple
Dick Gibson, Phil Shive
STAFF PRESENT:
Bob Miklo, Sarah Holecek, Anne Schulte
OTHERS PRESENT:
Harry Wolf
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 5-0, of an amendment to the Neighborhood Commercial
Zone, CN-1, to permit any retail or personal service use, with size limitations to help ensure
neighborhood compatibility, and to strengthen existing design guidelines, as recommended in the
staff memo dated June 19, 1997 but with the square footage limitation increased to 2,000 square
feet from 1,500 square feet.
Recommended denial, by a vote of 5-0, of REZ97-0006, a request to rezone 4.806 acres located
on Mormon Trek Boulevard and Westwinds Ddve from Neighborhood Commercial Zone (CN-1) to
Community Commercial Zone (CC-2).
Rec0mmended'"approval, by a vote of 5-0, revisions to the Planning and Zoning Bylaws to add
provisions regarding exparte contact and conflict of interest.
CALL TO ORDER: "'
Chairperson Starr called-the meeting to order at 6:35 p.m,
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
There was none.
CODE AMENDMENT ITEMS:
Public discussion of an amendment to the Neighborhood Commercial Zone (CN-1) to permit any
retail or personal service use, with size limitations to help ensure neighborhood compatibility, and
to strengthen existing design guidelines.
Miklo referred to a memo prepared by John Yapp with a list of vadous retailers and their square
footages, to give Commission members a sense of scale. He added that there were only four
stores on the list that would not be permitted without a special exception, given the proposed
ordinance amendment. Miklo said that, in terms of traffic coming into the neighborhood, there
should not be much of a difference whether the line is drawn at 1,500 square feet or 2,000 square
feet. He said the main point is that the limit should not be arbitrary but should be based on
research. Miklo added that if the Commission were more comfortable with a 2,000 square foot
limit, it would certainly provide enough room for a neighborhood-type retailer but would probably
not be overly large. Miklo said staff is recommending that the ordinance be amended to allow
retail uses in the CN-1 zone up to 1,500 square feet in area but that above that would require a
Minutes
Planning & Zoning Commission
July 3, 1997
Page 2
special exception. He said staff is also proposing other minor amendments to the ordinance to
strengthen the design provisions.
Public discussion:
Harry Wolf, 325 East Washinc~ton Street, said he represented Southgate Development. He said
Southgate Development requested a rezoning of Walden Square, which is currently zoned CN-1,
to CC-2 in order to have greater flexibility in terms of current and future leasing for the shopping
center. Wolf added that staff had reviewed the request and recommended the zoning amendment
in response to the request for the rezoning.
Wolf said Southgate Development understands staff's position and is comfortable with that
position. He added that Southgate feels it can support the CN-1 amendment but is somewhat
concerned about the size limit recommended. Wolf said the concern comes from the time pedod
required for the special exception process, which can be from 30-60 days. He said another
concern is that the cost of the special exception request can run to several hundred dollars. Wolf
said the time and energy required for plans and speculations often result in a prospective retailer
going elsewhere. He said the 1,500 square foot limit might cause less flexibility than he would like.
Wolf asked the Commission to consider whether the 1,500 square feet would be appropriate but
said he did support the concept of the amendment.
Public discussion closed.
MOTION: Supple moved to amend the Neighborhood Commercial Zone, CN-1, to permit
any retail or personal 'service use, with size limitations to help ensure neighborhood
compatibility, and to strengthen existing design guidelines, as recommended in the .staff
memo dated June 19, 1997. Bovbjerg seconded the motion.
Starr asked if the Commission would be interested in increasing the square footage size from
1,500 square feet to 3,000 square feet. Bovbjerg said she would be willing to increase the size to
2,000 square feet but not 3,000 square feet. Starr said there are many issues regarding
commercial development and business opportunities and that, although the Commission has a
charge to preserve the concept of a neighborhood commercial center, he was not convinced that
the 1,500 square feet limitation was required to preserve that concept. Starr said it is necessary to
work with developers to help bdng commercial development to the neighborhood centers, and he
did not feel that increasing the limit to 3,000 square feet would cause undue hardship.
Ehrhardt said the 2,000 square foot limit would provide a safeguard with the special exception
process but that the safeguard would be lost'with a 3,000 square foot limit. Starr said the special
exception would still be required with a 3,000 square foot limit but Ehrhardt said a 3,000 square
foot limit would allow many more uses that would not be required to go through the special
exception process.
Bovbjerg said she felt the limit could be raised to 2,000 square feet but that the limit could be
reviewed if it did not work well. She added that the list of businesses allowed in the CN-1 zone
without size limitations would also be subject to change as lifestyles within neighborhoods
changed.
Supple said she agreed with Starr on many points. She said it is important for the Commission to
do what it can to help developers build their commercial spaces. Supple suggested going with the
2,000 square foot limit and asking staff to put the item back on the agenda in 12-18 months for
review. Starr responded that it might be a good alternative but his only concern would be what
Minutes
Planning & Zoning Commission
July 3, 1997
Page 3
would happen in the 12-18 month pedod. He said he was concemed with the perception that the
community is not commercial friendly. Starr stated that he did not want commercial development
to have carte blanche and could see the need for constraints but felt that an additional 500 square
feet may not be sufficient to solve developers' problems.
Supple said Wolf had made good points but that the Commission had to think in terms of all the
CN-1 zones. She said she would be concemed about changing the limit to 3,000 square feet
because it is so much larger than staff's recommendation and staff had done all the research.
Supple said she trusted staff's research and would rather go with a 2,000 limit and revisit the item
in 12-18 months.
AMENDMENT TO THE MAIN MOTION: Bovbjerg moved that the motion be amended to
increase the square footage limitation from 1,500 square feet to 2,000 square feet. Ehrhardt
seconded the motion. The amendment to the main motion carried on a vote of 5-0.
The main motion carried on a vote of 5-0.
REZONING ITEMS:
REZ97-0006. Public discussion of an'application submitted by Southgate Development Co., Inc.
to fezone 4.8 acres located on Mormon Trek Boulevard and Westwinds Ddve from Neighborhood
Commercial Zone (CN-1) to'Community Commercial Zone (CC-2). (45-day limitation pedod
expires July 12, 1997)
Miklo said staff recommends denial of this request because the area is not appropriate for a CC-2
zone given its location and vehicular access to this residential neighborhood.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to approve REZ97-0006, a request to rezone 4.8 acres located
on Mormon Trek Boulevard and Westwinds Drive from Neighborhood Commercial Zone
(CN-1) to Community Commercial Zone (CC-2). Supple seconded the motion.
Bovbjerg said she felt this item was nicely taken care of by the code amendment item, which goes
to the intent of the request. She added that she was wary of opening what could be a very good
neighborhood zone to the kinds of uses that the CC-2 zone would have. Bovbjerg said she would
also be concerned with the area not having design review, which is very important for the CN-1
zone. She said she would vote against approval.
Supple said she would also vote against the rezoning for the same reasons. She said the code
amendment would make the property much more flexible and said there is no compelling reason
to rezone this particular area. Starr said he would vote against the rezoning. He said he was
concerned about changing the whole area to a Community Commercial Zone.
The motion was denied on a vote of 0-5.
MOTION: Supple moved to deny REZ97-0006, a request to rezone 4.8 acres located on
Mormon Trek Boulevard and Westwinds Drive from Neighborhood Commercial Zone (CN-
Minutes
Planning & Zoning Commission
July 3, 1997
Page 4
1) to Community Commercial Zone (CC-2). Ehrhardt seconded the motion. The motion
carried on a vote of 5-0.
REZ97-0003. Public discussion of an application submitted by James P. Glasgow for a rezoning
from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density Single-Family
Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9 acres located at 1122-
1136 N. Dubuque Street. (45-day limitation period waived to July 3, 1997)
Miklo said the City received a letter from the applicant's attomey requesting indefinite deferral,
given the delay from the consulting engineer. Miklo said the Commission could defer indefinitely or
until the next meeting.
Holecek recommended that the Commission defer this item until its next meeting for purposes of
making a public record as to the exchange between the progress on the project and the
Commission.
Public discussion:
Therewas none.
Public discussion closed.
MOTION: Bovbjerg moved to defer to the Planning and Zoning'Commission meeting of
July 17, 1997, REZ97-0003, an application submitted by James P. Glasgow for a rezoning
from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density Single-
Family Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9 acres
located at 1122-1'136 N. Dubuque Street. Supple seconded the motion.
Bovbjerg said she preferred to defer the item to a definite meeting for the.reasons given by legal
counsel and to have the item in the minutes. She said the item has been a concern for the City for
at least 13 years and it is important for the health, safety, 'and welfare of the citizens of Iowa City
that the issue be taken care of and taken care of well.
Supple said she also wanted to keep the item on the agenda so that Glasgow and his
representatives are aware that the Commission is always ready to address the issue.
Starr said he also wanted to defer the item to a specific time. He added that there would be a
strong reluctance to consider the item under expedited action because the applicant has
consistently requested deferral. Starr said that while the Commission would not want to delay the
application in any way, the Commission would like to take its time reviewing the rezoning item as
with every other rezoning. He said it is important for the Commission to have the opportunity to
study the plan and for the public to have opportunity to comment on it.
Bovbjerg asked if the deadline for completion of construction would be changed at all by this
deferral. Holecek said the deadline would not be changed. She said the deadline was done by a
separate plea agreement in the District Court, which is binding upon the applicant and the City.
Holecek said the construction deadline is November 1, 1997. She said that any change in the
completion deadline would have to go through the court system again.
Minutes
Planning & Zoning Commission
July 3, 1997
Page 5
The motion carried on a vote of 5-0.
REZ97-0008. Public discussion of an application submitted by Chandler Signs, Inc., on behalf of
General Mills Restaurants, Inc. to amend the Westport Plaza Conditional Zoning Agreement to
allow an additional freestanding sign for property located at 1069 Highway 1 West. (45-day
limitation expires July 26, 1997)
Miklo said the applicant has requested deferral of this item to July 17, 1997.
Public discussion:
There was none.
Public discussion closed.
MOTION: Supple moved to defer to the Planning and Zoning Commission meeting of July
17, 1997, REZ97-0008, an application submitted by Chandler Signs, Inc., on behalf of
General Mills Restaurants, Inc. to amend the Westport Plaza Conditional Zoning
Agreement to allow an additional freestanding sign for property located at 1069 Highway 1
West. Ehrhardt seconded the motion. The motion carried on a vote of 5-0.
DISCUSSION OF REVISIONS TO THE PLANNING AND ZONING COMMISSION BYLAWS:
Ehrhardt asked about exparte contact, saying that probably all of the members have had some
discussions with family members about items before the Commission. Holecek said the contact
would have to be with an interested party who had some monetary or other direct interest in an
item. Starr asked how much flexibility the Commission had in interpreting terms in the bylaws,
e.g., interested party. Holecek said the Commission has been consistent and straightforward in
the past and this revision to the bylaws is an effort to continue to operate in that manner.
Starr stated that if an applicant contacts a member for a meeting, the member should contact the
Chair, Vice-Chair and a staff member and they would attend the meeting together. Holecek said
members have always been advised that if requested to. meet singly with someone, it is in the
member's best interest to meet with at least one other Commission member at the same time so
that there are at least two persons to maintain what the record was. Miklo added that the best
thing to do if contacted would be to inform the person to bring the information to the public
meeting.
Chait asked about the definition of exparte contact. Holecek said a member should inform the
Commission of contact whenever there is any doubt. Bovbjerg said that notifying the Commission
of any such contact is a safeguard for the member, even when the member is not compromised
by the contact. Holecek said exparte contact refers to one-sided contact. She added that if he
receives a contact from someone who is strongly advocating one side and could be an interested
or intervening party, it would be an exparte contact.
The consensus of the Commission was to change section 9 to read "discussion of an agenda item
outside of a public meeting with an interested party:'
Bovbjerg suggested changing Section 11 because it might leave the impression that all votes
were done by roll call. Miklo said beginning the sentence about roll call with "Upon request"
implies that voting is generally by voice vote.
Minutes
Planning & Zoning Commission
July 3, 1997
Page 6
MOTION: Bovbjerg moved to approve revisions to the Planning and Zoning Commission
Bylaws as written and amended at the July 3, 1997 meeting. Ehrhardt seconded the
motion. The motion carried on a vote of 5.0.
CONSIDERATION OF THE JUNE 19, 1997, PLANNING AND ZONING COMMISSION
MINUTES:
MOTION: Bovbjerg moved to approve the minutes of'the June 19, 1997 meeting of the
Planning and Zoning Commission as amended. Ehrhardt seconded the motion. The motion
carried on a vote of 5-0.
OTHER BUSINESS:
Miklo said a public headng regarding the Comprehensive Pian was scheduled 'for the next
meeting and the Commission would take public discussion.
Miklo said a good example of the kind of sign envisioned for Westport Plaza is located at Coldwell
Banker on Highway 1 and Highway 6 and suggested members look at it if they have a chance.
PLANNING AND ZONING COMMISSION INFORMATION:
Bovbjerg thanked staff for the work done on the CN-1 zone.
The meeting was adjourned at 7:17 p.m.
Lea Supple, Secretary
Minutes submitted by Anne Schulte.
ppdadmin~'nins~P&Z7-3.doc . ._
Iowa City
Planning & Zoning Commission
adoptkd'July 15, 1982"
Amended:
[] January 29, 1985
[] August 29, 1995
[] (Proposed amendments by P&Z Commission appear in bold on pg 3)
BY-LAWS
iowa City Planning and Zoning Commission
ARTICLE I. AUTHORITY:
The Iowa City Planning and Zoning Commission shall have that authority which is conferred
by Chapter 414 of the Code of Iowa, Section 14-4A, City Code, City of Iowa City, Iowa and
through the adoption of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the citizens
of iowa City by establishing a Planning and Zoning Commission to advise the City Council on
all matters pertaining to the physical development and the Comprehensive Plan of Iowa City.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7)
members appointed by the City Council. All members of the Commission shall be qualified
electors of the City of Iowa City, Iowa.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Commission
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the City Zoning Chapter and
subdivision regulations, by-laws, and other documentation that would be useful to
Commission members in carrying out their duties. They shall also be given an orientation
briefing by the City staff and the Commission as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Commission member
from regular formal meetings may result in a recommendation to the City Council from the
Commission to discharge said member and appoint a new Commission member.
Section 5. Vacancies. Any vacancy on the Commission because of death, resignation,
long-term illness, disqualification or removal shall be filled by the City Council after at least
30 days public notice of the vacancy.
Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring
on May 1. Not more than one-third of the terms may expire in any one year. If a position
becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six
months or less, the Council may choose to fill the unexpired term in such a manner that the
appointee shall continue in the position not only through the unexpired term, but also through
a subsequent regular term.
Section 7. Resi.qnations. Resignations should be submitted in writing to the Mayor with a
copy to the City Manager, Director of Planning and Community Development and Chairperson
of Planning and Zoning at least 60 days prior to the date of intended departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Commission shall be a Chairperson, Vice-Chairperson,
and Secretary, each of whom shall be elected by the members of the Commission.
Section 2. Election and Term of Office. Officers of the Commission shall be elected annually
at the first regular meeting in February each year; if the election of officers shall not be held
at such meeting, such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the
term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and
when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
Section 6. Secretarv. The Secretary shall have the responsibility of insuring that the
Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the
absence of the Chairperson and Vice-Chairperson, shall perform the duties of the Chairperson
and when so acting shall have all the powers of and be subject to all the restrictions upon the
Chairperson.
ARTICLE V. MEETINGS:
Section'l. Regular Meetincls. Regular formal meetings of this Commission shall be held twice
monthly whenever possible.
Section 2. Special Meetin.qs. Special meetings of the members may be called by the
Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three
or more members of the Commission.
Section 3. Place of Meetincas. Regular formal meetings shall be in a place accessible to
persons with disabilities.
Section 4. Notice of Meetincas. Notice of regular and special meetings shall be required;
meetings may be called upon notice not less than twenty-four (24) hours before the meetings.
The news media shall be notified by staff as required under Section 14-6U, City Code.
3
Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum
at any meeting.
Section 6. Proxies. There shall be no vote by proxy.
Section 7. Public Discussion. Time shall be made available during all regular formal meetings
for open public discussion.
Section 8. Motions. Motions may be made or seconded by any member of the Commission
except the Chairperson.
Section 9. Exparte Contacts. A member who has bad a discussion of an agenda item outside
of a public meeting with an interested party shall reveal the contact prior to staff report,
naming the other party and sharing specifics of the contact, copies ff in writing or a synopsis
ff verbal.
Section 10. Conflict of Interest. A member who believes they have a conflict of interest on
a matter about to come before the Commission shall state the reason for the conflict of
interest, leave the room before the discussion begins, and return after the vote.
Section 11. VotinR. A majority (but not less than three) of votes cast at any meeting at which
a quorum is present shall be decisive of any motion or election. A two-thirds vote of the
members of the Commission. present or not less than four votes shall be required in
consideration of a substantial- amendment to the Zoning Chapter and the adoption of the
Comprehensive Plan or part or amendment thereof.
Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member
of the Commission, including the Chairperson, is required to cast a vote upon each motion.
A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules-of Order. Except as otherwise provided herein, Roberts Rules of
Order as amended shall be used where applicable.
ARTICLE Vl. POWERS AND DUTIES:
The City Planning and Zoning Commission, in addition to the powers conferred by Chapter
414 of the Code of Iowa, possesses the following powers established by Section 14-4A, City
Code, City of Iowa City, Iowa:
Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion
of the City and of any land outside thereof, which in the opinion of such Commission bears
relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies
and recommendations and it may publish the same.
4
Section 2. To make recommendations for the location of public buildings, bridges, viaducts,
street fixtures, public structures or appurtenances and the sites therefor, and the location or
erection of statuary, memorials or works of art in public places.
Section 3. To make recommendations upon plans, plats, or replats of subdivisions or
resubdivisions in such city which show streets, alleys or other portions of the same intended
to be dedicated for public use.
Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or
other public improvements, or the vacation thereof.
Section 5. To carry on comprehensive studies of present conditions and the future growth
of such city in order to guide and accomplish a coordinated, adjusted and harmonious
development of such city in accordance with the present and future needs thereof to the end
that the health, safety, order, convenience, prosperity and general welfare may be promoted.
Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any
amendment thereto.
Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of
buildings and other structures; the percentage of ground that may be occupied; the size of
yards, courts and other open spaces; the density of population, and the location and use of
buildings, structures, and land for trade, industry, residence, or other purposes and to this end
shall prepare a preliminary report and hold public hearings thereon and after such hearings
have been held, to submit its final report and recommendations to the City Council.
Section 8. To recommend to the City Council, from time to time, as conditions require,
amendments, supplements, changes or modifications in the comprehensive plan prepared by
it.
Section 9. To do all things necessary or advisable in order to carry out the intent and purpose
of this article and all other ordinances relating to the state as they now exist or as the same
may be hereafter amended or supplemented.
ARTICLE VII. HEARINGS:
Section 1. Comprehensive Plan. Before the adoption or amending of any part of the
Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one
public hearing thereon, notice of the time of which shall be given by one publication in a
newspaper of general circulation in the municipality, not less than seven days or more than
20 days before the date of hearing. After adoption of said plan by the Commission, a copy
shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall
receive the approval of the Council, the plan, until subsequently modified or amended as
authorized by this section, shall constitute the official city plan of Iowa City. After the City
Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning
Commission shall:
(a)
Investigate and make recommendations to the City Council upon reasonable and
practical means for putting into effect the Comprehensive Plan in order that it will
serve as a pattern and guide for the orderly growth and development of the city. The
measures recommended may include plans, regulations, programs, financial reports an.d
capital budgets.
(b)
Prepare a biannual report to the City Council on the status of the plan and progress on
its implementation.
(c)
Endeavor to promote public interest in and understanding of the comprehensive plan
and regulations relating to it.
(d)
Consult with and advise public officials and agencies, public utility companies, and
civic, educational, professional and other organizations, and citizens generally, on the
implementation of the provisions of the Comprehensive Plan.
ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS:
Section 1. Ac~enda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be
posted at least 24 hours before the meeting and shall be sent to Commission members and
the media prior to regular formal meetings. Copies will be available to the public at the
meeting. ' '. '
Section 2. Minutes. Minutes Of ali regular formal meetings are to be prepared and distributed
to Commission and City Council members. Specific recommendations requiring Council action
are to be set off from the main body of the minutes and appropriately identified.
Section 3. Review Policy. The Commission shall review all policies and programs of the City,
relating to the Commission's duties as stated herein, and make such recommendations to the
City Council as are deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Commission by the City
Council. The Commission will initiate consideration of each item at the next regular
Commission meeting and shall notify Council of its disposition.
Section 5. Attendance at Council Meetincls. The goal of the Commission is to have at least
one representative at each regular formal meeting of the City Council. It is the responsibility
of the Chairperson to designate the method by which this goal is achieved. The Chairperson
or designated representative may also be requested to attend informal Council sessions at
which matters pertaining to the Commission's responsibilities are to be discussed.
Section 6. Annual Report. An annual report detailing the activities of the Commission shall
be prepared by the Chairperson, approved by the Commission, and submitted to the City
Council.
6
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Commission including composition, duties, and terms shall be
designated by the Chairperson.
ARTICLE X. AMENDMENTS:
'These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than four members of the Commission at any regular meeting or
at any special meeting called for that purpose. Amendments shall be approved by the Council
to become effective.
ppdedmin\bylaws,p&z
MINUTES
PLANNING & ZONING COMMISSION
JULY 17, 1997 - 7:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
PRELIIV{i ARY-'f
Subject to Appr.0.val ,~j
MEMBERS PRESENT:
Ann Bovbjerg, Pam Ehrhardt, Dick Gibson, Phil Shive, George
Starr, Lea Supple
MEMBERS ABSENT:
Benjamin Chair
STAFF PRESENT:
Bob Miklo, Scott Kugler, John Yapp, Sarah Holecek, Anne Schulte
OTHERS PRESENT:
Nancy Thayer, Richard Rhodes, James Throgmorton, Ralph
Stoffer, Bill Macrum, Brad Houser, Thomas Gruca, Mick Walker,
Paul Hoherz, Jesse Irwin
RECOMMENDATIONS TO COUNCIL:
Recommended denial, by a vote of 6-0, of REZ97-0008, a request to amend the Conditional
Zoning Amendment for Westport Plaza to allow an additional freestanding sign for property
located at 1069 Highway One West.
Recommended approval, by a vote of 6-0, of SUB97-0013, a preliminary and final plat of Irwin
Subdivision, a resubdivision of a portion of Lot 24 of Mt. Schrader Subdivision, a 3.07 acre, four-
lot residential subdivision located on Washington Street, east of First Avenue, subject to
approval of legal papers and construction documents prior to City Council consideration of the
final plat.
Recommended approval, by a vote of 6-0, that the Iowa City City Council forward a letter to the
Johnson County Board of Supervisors recommending that CU9705, a conditional use permit to
allow a golf course expansion for 50 acres of land near the intersection of Taft Avenue and
Herbert Hoover Highway be approved and that Taft Avenue north of Herbert Hoover Highway be
paved by the applicant or that a satisfactory agreement be reached between the County and the
applicant regarding the maintenance of this section of Taft Avenue.
Recommended approval, by a vote of 6-0, that the Iowa City City Council forward a letter to the
Johnson County Board of Supervisors recommending that CZ9726, a request to rezone 46.86
acres located on the west side of Prairie du Chien Road NE, approximately ~A mile north of its
intersection with Newport Road, from Suburban Residential (RS3) to Suburban Residential (RS),
be approved.
CALL TO ORDER:
Chairperson Starr called the meeting to order at 7:35 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Planning & Zoning Commission Minutes
July 17, 1997
Page 2
ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS:
Starr said there are three vacancies for three years each on the Housing and Community
Development Commission, and five vacancies on the Police Citizens' Review Board: one for a
two-year term, two for three-year terms, and two for four-year terms.-He added that these
appointments would be made at the August 26, 1997 meeting of the City Council.
COMPREHENSIVE PLAN ITEM:
Miklo gave a brief overview of the Comprehensive Plan. He said this Plan would be an entirely
new plan as opposed to an update of a previous one, as was done with the 1989 update. Miklo
said the Plan is based on the Iowa City: Beyond 2000 vision statement that was developed by
several task forces that met in the summer of 1994. He stated that the broad vision statements
were adopted by the City Council.
Miklo said the proposed Comprehensive Plan contains several sections, with emphasis on the
following areas: growth policy, neighborhood design concepts, economic development, and
social fabric. He said the Comprehensive Plan is actually a series of documents with
appendices, including the present Historic Preservation Plan, the Arterial Street Plan and the
Neighborhood Open Space Ordinance.
Miklo said the Comprehensive Plan divides the city into ten districts and that each district would
have a specific plan within the next several years. He added that the draft of the South District
Plan is now complete, having been written with the assistance of many citizens, including
residents of the area, property owners and developers. Miklo said the plan was developed
through a series of neighborhood workshops. He said the plan is to have a mixed uses for
properties in the area, with a neighborhood commercial center, neighborhood open space, and a
mix of housing types.
Miklo said the next step for the Comprehensive Plan is implementation. He said the City will
need to review ordinances and policies to update them to include the plans and principles from
the Comprehensive Plan. He added that the Comprehensive Plan has been presented to City
boards and commissions, as well as being made available to other groups, such as the Chamber
of Commerce and the Board of Realtors.
Bovbjerg asked how a citizen would direct a criticism or suggestion for the new Comprehensive
Plan. Miklo said concerns should be directed to the Commission or to a staff person, either in
person at a meeting or in writing. He said the Commission will recommend a final draft of the
Plan to the City Council, which will ultimately decide whether or not to approve the new Plan.
Ehrhardt asked if the Commission would see public comments before a vote and Miklo
responded that those would be made available to the Commission. Supple asked if there would
be another step between the Commission and the City Council and Miklo responded that there
was not.
Nancy Thayer, 201 North First Avenue #401, said she represents Human Rights Iowa City, a
local advocacy group that promotes the attainment of the full range of human rights for all
residents of Iowa City. These rights were expressed in the Universal Declaration of Human
Rights adopted by the United Nations almost 50 years ago. She added that the Declaration
states that "everyone has the right to a standard of living adequate for the health and well-being
Planning & Zoning Commission Minutes
July 17, 1997
Page 3
of himself and of his family, including housing." Thayer said the City must include specific
measures in its land use policies to affirm the inherent dignity and the equal and inalienable
human rights of all community residents.
Thayer said the Comprehensive Plan includes several measures her group would urge the
Commission to support, because they arE; intended to make economical housing available for all.
She cited the section "A Community of Neighborhoods," on page 17, which states that
neighborhood design concepts to be considered when reviewing annexation, zoning, and
subdivision plans, are intended to include a variety of land uses and housing types. Thayer said
the cor~cept is expanded upon in the section citing goals for providing a diversity of housing
types, more compact subdivision designs, narrower local streets, reduced yard setbacks,
narrower lot frontages, and the use of alleys. She added that these measures would make the
provision of lower priced housing far more feasible than currently possible.
Thayer discussed the concept of inclusive neighborhoods, as stated in the "Iowa City: Beyond
2000; How Do We Get There" section of the Plan. She said the section includes specific goals
and strategies for preserving inclusive neighborhoods and insuring their development in new
areas. Thayer said there are several strategies in the section on "Housing," page 38, and "Land
Use and Urban Planning," page 40, that are important and should be included in the final draft,
including: small owner-occupied houses on smaller lots, zoning for lower cost housing types and
for smaller lots, using incentives to end.outage developers to invest in affordable housing,
reducing concentrations of lower cost housing by using "fair share" policies in new developments
and continuing a balance of housing types in existing neighborhoods, supporting senior citizens
continuing in their homes, continuing rental assistance programs, allowing development of
compact neighborhoods containing a mix of housing types, and providing multi-family housing
development in numerous transition zones. Thayer said the goal of providing neighborhoods
inclusive to all citizens of Iowa City is a goal which must remain in the plan the Commission
recommends to the City Council. She said the Iowa City Human Rights Commission appreciates
the Commission's attention to these issues.
Richard Rhodes, 2014 Rochester Avenue, said he was disappointed that on page 37, with
regard to environmental matters, the Comprehensive Plan did not address the planting, either by
the City or private individuals, of strongly invasive, exotic plants. He said it would be a desirable
goal to eliminate such planting by the City and to promote the use of native plant species.
Rhodes said he would like to see something to this effect added to the Comprehensive Plan.
Rhodes added that the meeting agenda only had one Comprehensive Plan item on it. He said
the South District Plan should have been added as a separate topic to avoid confusion.
Jim Throqmorton, 715 N. Linn Street, said he supported the general thrust of the plan and had
praise for the staff for being willing to consider some innovative ideas. Throgmorton said he liked
the "Community of Neighborhoods" section a great deal, but thought the Plan should be more
aggressive in urging other jurisdictions to adopt compatible plans and policies. He said it is
important to link up with Coralville, Johnson County, the University, the Johnson County Council
of Governments and the School District to devise coordinated strategies that work in the same
direction.
Throgmorton stated that on page 39, regarding the section on "Housing," he fully agreed with
Thayer's comments. Throgmorton said it is important to consider inclusionary zoning,. rather than
just "fair share" concepts. He said inclusionary zoning is a technique for ensuring that a minimal
Planning & Zoning Commission Minutes
July 17, 1997
Page 4
percent of housing units in any particular development above a certain size would be available
for low to moderate income households. Gibson asked how smaller lots in a neighborhood such
as an RS-5 neighborhood would be distributed with inclusionary zoning. Throgmorton said they
should be distributed through the area and be designed in a manner consistent with the
surrounding neighborhood and the design of the other buildings. He said that in a development
with 50 to 100 units planned, 10% or even 20% of the units should be set aside for low to
moderate income units. Gibson asked about compatibility issues. Throgmorton said the
structures could be designed to have the same features and look like the other units in the
development. He added that they would not necessarily have to be out of scale with the other
units. Throgmorton said the "Community of Neighborhoods" idea is consistent with inclusionary
zoning, but the two things do not necessarily fit together. He said they should, however, fit
together. Throgmorton said if the City adopts mixed use neighborhoods, then it should also
design them to be of mixed income so that citizens of different income levels can live throughout
the City, rather than being concentrated in any one part of it.
Throgmorton also said the role of advanced computer technology should be considered in the
Comprehensive Plan. He said' this is a new technology that has the potential to radically alter the
way people relate and even their standards of living. Throgmorton said the connections have to
do primarily with the economic development potential of those kinds of technologies and also the
interactions within the community, primarily with regard to deliberating public policies and having
active interchanges between citizens. He said this is a huge missing element of the Plan.
Throgmorton said the district plans would reveal if there is substance to the rest of the
document. He said the Commission should take those plans very seriously. With regard to the
Northeast District, Throgmorton said he feels it would be a mistake to extend First Avenue north
to the new east-west arterial.
Throgmorton said he was confused about the Growth Policy. He said he understood that the
sanitary sewer service area constituted the long-range planning boundary for Iowa City, but said
the two changes in the growth boundary make it seem more fiction than reality; that it is not
really tied to the sanitary sewer service, but is tied more to whether someone will pay enough to
build pump stations to enable development outside of the service area. Throgmorton said he
was uncomfortable with the easy amendments proposed for the growth policy.
Gibson asked Throgmorton about how computer opportunities for different kinds of social
interaction and decision making methods would affect the Comprehensive Plan. Throgmorton
said the section on economic development could encourage those kinds of technologies and
supporting businesses and be an important part of the Plan. He said those technologies
eliminate space and distance as economic variables for particular kinds of economic activity.
Gibson asked what the physical implication is of what Throgmorton is suggesting. Throgmorton
said the technology can remove space as a significant part of economies.
Starr asked if the Vision Statements were under consideration as well. Miklo said the Vision
Statements have essentially been adopted and are the basis for the rest of the Plan. Starr said
the information about computer technologies was good information and should be revisited and
the Commission will continue to discuss it.
Richard Rhodes, 2014 Rochester Avenue_, said it would be helpful to have a list of which
components of the existing Comprehensive Plan are being replaced by the new document. Starr
said he understood the new Plan would completely replace the existing one. Miklo said that was
Planning & Zoning Commission Minutes
July 17, 1997
Page 5
correct, with the exception of the Arterial Street Plan, the Preservation Plan, and the
Neighborhood Open Space Plan. He said there are similarities to the old policies in many of the
new policies. Rhodes asked if there is a list of what is being retained. Miklo said there is not
such a list.
Rhodes asked about the Growth Limits. He said that previously, when infrastructure was not in
place, there was a City policy requiring developers to pay money up front to install infrastructure
for out-of-sequence development. Rhodes asked if the policy were being retained. Miklo said it
was addressed by the "Annexation Policy" on page 12, which states that there will be
negotiations regarding infrastructure for areas to be annexed.
Ralph Stoffer, 535 Southqate, said he realized the proposed Comprehensive Plan was basically
a philosophical plan as compared to the last two plans, which became very detailed. Stoffer said
the southern street that went through Saddlebrook and then west is now shown as a T-
intersection with the County Road, which would create a very dangerous intersection. He said he
thought the road should be an extension of Scott Boulevard.
Given the amount of residential development over the next 20-50 years, Stoffer said he thought
the Plan contained an inadequate amount of commercially designated area. He said the Plan
seems fairly unbalanced in that respect. Supple asked Stoffer what he thought a balanced plan
would require. He said he did not have a specific definition, but that every place that allows
commercial or office uses is already generally built up. He said he is referring basically to the
South District Plan. Supple said there are to be at least two areas in the South District where
commercial development is anticipated, but these areas have not been specifically designated.
Miklo said there is one neighborhood commercial area shown generally in a central location, and
there is also a reference to another possible neighborhood commercial area. Miklo added that
there is also reference to the South Gilbert Street area south of Highway 6 to the railroad tracks.
The Plan encourages developing this area as retail/commercial, instead of the intensive
warehouse/commercial for which it is currently zoned. Supple said there were almost 3,000
acres in the South District Plan and asked Miklo how much of that was zoned commercial. Miklo
said the commercial areas could be from 1-3 acres to larger areas up to ten acres and would
also include all the commercial development along Highway 6. Supple asked Stoffer if he had a
percentage in. mind for commercial development in the area. Stoffer responded that he would
recommend 15% commercial with another 15-20% light industrial, such as for contractors' yards,
and about 50% residential.
Public discussion closed.
Starr said this item would continue on the Commission's agenda.
MOTION: Bovbjerg moved to continue to the Planning and Zoning Commission meeting
of August 7, 1997, the public hearing of the Comprehensive Plan. Shive seconded the
motion.
Gibson said he was interested in the idea of inclusionary zoning. Miklo said the Housing and
Community Development Division has researched this issue and the task force on housing
needs is looking at inclusionary zoning. He said the Comprehensive Plan does encourage the
introduction of small apartment buildings at the intersections of collector and arterial streets.
Gibson said he was especially interested in the notion of putting a single-family home requiring a
3,000 or 4,000 square foot lot into what might otherwise be an RS-5 zone. He said it was a fairly
Planning & Zoning Commission Minutes
July 17, 1997
Page 6
radical concept that might affect only the expanding areas of the City. Miklo said inclusionary
zoning could be implemented other ways. Gibson asked if there were any provision in the Plan
for inclusionary zoning, in terms of small lots for single-family homes in what would otherwise be
exclusive RS-5 type areas.
Miklo said the broader neighborhood design goals encourage this sort of zoning pattern, but do
not require it. He added that during the next step of drafting zoning ordinances, the Commission
will decide whether it wants to formally require these types of practices. Miklo said this has been
done in other communities. Gibson said staff had discussed low income as the criteria for a
certain percentage of housing, which would be a considerably different approach to the same
goal. He said it would require a great deal of administrative effort. Miklo said that was probably
correct, and it is one of the issues the Housing Subcommittee is examining. Supple asked about
lot sizes. Miklo said the minimum lot size for the RS-5 zone is 8,000 square feet, but 5,000
square foot lots are allowed in the RS-8 zone.
The motion carried on a vote of 6-0.
REZONING ITEMS:
REZ97-0003. Public discussion of an application submitted by ,James P. Glasgow for a rezoning
from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density, Single-Family'
Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9 acres located at 1122-
1136 N. Dubuque Street. (45-day limitation period waived to July 17, 1997)
Miklo said the applicant's attorney submitted a letter requesting deferral of this item to August 7,
1997. Miklo said he had also received information that Terra-Con has completed its study and
has turned it over to the applicant's engineer. He said he is expecting a plan to be ready for
review by the Commission at either the August 7 or August 21 meeting.
Bovbjerg asked if the submitted plan will be the one the engineers consider their best idea or if it
will be one of several ideas. Miklo said there will be one plan rather than a series of alternatives.
He said the engineers identified one plan within a series of alternatives and that the City
engineers reviewed the plan, in concept, and felt the plan was worth pursuing.
Public discussion:
Richard Rhodes, 2014 Rochester Avenue, asked how long this item has been on the
Commission's agenda. Miklo said it has been on the agenda since early April. Rhodes said this
item has been deferred for months. He said he realized the Commission had not received a new
proposal and that the original plan was inadequate due to its intrusivehess to the area. Rhodes
said he would request that if the Commission does not receive a plan at its next meeting, it
should vote down the original plan. He added that this situation has been occurring for almost a
decade, and it is time to force the issue.
Public discussion closed.
MOTION: Supple moved to defer to the Planning and Zoning Commission meeting of
August 7, 1997, REZ97-0003, an application submitted by James P. Glasgow for a
rezoning from RM-20, Medium Density Multi-Family Residential, and RS-5, Low Density
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July 17, 1997
Page 7
Single-Family Residential, to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for 1.9
acres located at 1122-1136 N. Dubuque Street. Bovbjerg seconded the motion.
Gibson said it was interesting that the reason this application is not advancing is the failure to
receive the report from the soils engineer. He suggested someone check the records to find out
what the reality of the situation is. Gibson made the observation that if the soils report is so
important it should have been done when the original proposal was put forth. He said it is a very
important factor in this plan, because of the unstable nature of the slopes. He stated that he was
surprised that the applicant submitted a plan without the benefit of the soils engineering report.
Gibson said he did not understand why the report is taking so long. He said he agreed that the
Commission should vote on the original plan at the next meeting if a revised plan is not received
by then. Gibson said the applicant is consuming a great deal of staff and Commission time by
continuing to defer this item. He said the applicant should not continue to be indulged. Bovbjerg
asked what the legality of this would be.
Holecek said the date of most importance is the deadline of November 1, 1997 for having the
construction complete. She said the applicant had arguably complied with his obligations under
the plea agreement, which was to submit an approvable plan by March 1. Holecek said the
Commission has been patient and she has witnessed the frustration of the applicant's attorney
over being unable to get the report from the soils engineers. Holecek said the applicant has
been made aware that the Commission intends to take a studied look at the plan and judge it on
its merits before any vote. Gibson said he was skeptical, partly because it stretches credibility
that one of the major developers in the city would be unable to get a soils report from the major
soils engineering firm in the state for over two months. Bovbjerg said one of the problems with
the status of the original plan was the word "approvable." She said the one that was submitted
was considered not approvable. She said the Commission has not been pushing this issue and
should perhaps continue on as it has been, but the Commission should not be lulled into
considering any plan that is presented.
Gibson said the notion of applying the term "approvable" to a solution intended to solve a
problem like this one without having the benefit of soils testing and engineering is incredible. He
stated that it. should be a requirement of 'an "approvable" plan. He said it seemed that any
document would have been acceptable in terms of the court order. Holecek said that was not
quite accurate. Gibson asked what kind of proposal would have failed to satisfy the requirement,
if a proposal, which has no soils engineering reports and proposes to use neighboring properties
without permission, is considered acceptable.
Starr said Commission members are frustrated with this issue. He said overall, it seems to be
the Commission's intent to proceed on its present course of action, though that might change at
the next meeting. Starr said if he did not feel comfortable with the plan as submitted, he would
not be able to consider expedited action. He said the main goal should be to get this matter
corrected, because it will probably be the last chance. Gibson said he agreed with Starr, but said
that as the November 1 deadline approaches, the pressure will be on the Commission to make a
decision. He said the longer the matter is deferred, the more the Commission will be pressured
by time, if for no other reason than the fear that the Court will say the Commission delayed
implementation of the plan. Gibson added that the record should be clear the Commission is not
delaying this project; it is concerned about the lack of progress being made and is also
concerned that it is getting closer and closer to the deadline without any apparent significant
progress.
Planning & Zoning Commission Minutes
July 17, 1997
Page 8
Holecek said this is why the Commission has continued to make it a matter of public record each
time a request for deferral has been received. She said that minutes from several meetings state
that the Commission plans to make a considered assessment of the plan on its merits and will
not succumb to deadline pressure. She added that the minutes state the Commission is
concerned about the deadline to have the project completed and concerned that the applicant
may not meet the deadline, but it is through no fault of the Commission's.
The motion carried on a vote of 6-0.
REZ97-0008. Public discussion of an application submitted by Chandler Signs, Inc. to amend the
Westport Plaza Conditional Zoning Agreement to allow an additional freestanding sign. (45-day
limitation period expires July 26, 1997)
Kugler said this property was rezoned in 1989 to allow Westport Plaza to be developed. He said
the developer at that time agreed to a number of conditions above and beyond those contained
in the Zoning Chapter, one of which was to limit the development to two freestanding signs.
Kugler said the City is concerned about the appearance of major entryways into Iowa City and
has attempted to implement policies contained in the Comprehensive Plan regarding these
entryways by negotiating increased development standards, basically through the conditional
zoning process. He said the Menard's development and the Scott-Six Industrial Park are two
other examples of this method.
Kugler said this request is to amend the Conditional Zoning Agreement (CZA) for Westport
Plaza to allow a third freestanding sign for the Red Lobster restaurant located there. He added
that the other property owners within Westport Plaza have agreed to amend a set of restrictive
covenants for the development to allow a third sign to be placed on the lot. Kugler said staff
feels a more preferable solution would be for property owners to agree to share space on an
existing sign at the southwest entrance of the development, rather than amend and further
compromise the CZA for this property. Kugler said one additional sign along Highway 1 would
have little impact on this entryway, but if this application is approved, the City would have little
justification to deny a request from any other lot owner within this development or a request to
amend any other conditional zoning agreements that have been or will be negotiated along
Highway 1 or in other areas of the City. He said this calls into question the conditional zoning
process, and staff is concerned about making piecemeal changes to these agreements and the
impact that will have on the process over time. Kugler said if these CZA amendments become
common practice, it would seriously compromise the integrity of the whole process and raise
questions about whether these agreements should be entered into by the City at all.
Kugler said the applicant has indicated that sales at this restaurant are not as strong as
expected, implying that this is due to the lack of a freestanding sign. He said there are many
factors that can influence the success of a restaurant, and in staff's opinion, no compelling
reasons have been put forth to justify amending the agreement reached in 1989 to facilitate the
rezoning of this property. Kugler said the CZA was in place and known to the applicant before
the restaurant was constructed. He said staff is recommending that this application be denied.
Kugler said he discussed the existing Wal-Mart sign with Ron Boose, the Senior Building Official.
Boose told Kugler he believed the current Wal-Mart sign is not in conformance with the CZA,
therefore a change such as adding another sign or increasing the advertising space on the sign,
Planning & Zoning Commission Minutes
July 17, 1997
Page 9
would require that the sign come into compliance. Kugler said the Wal-Mart sign was supposed
to be internally illuminated, but was actually a flood lit sign.
Ehrhardt asked for dimensions of the proposed Red Lobster sign. Kugler said the applicant
proposes a sign that is 25 feet tall from grade to the top of the lobster symbol and 18.5 feet in
length. He said the sign face itself would be four feet, seven inches tall, not including the lobster.
Ehrhardt asked if the applicant was aware there could not be an additional freestanding sign
during construction. Kugler said that before the restaurant opened and possibly before
construction began, representatives from Red Lobster presented a similar application, which was
denied at that time.
Bill Macrum, 12106 Valiant Drive, San Antonio, Texas, said he represented Chandler Sign
Company. He said he addressed the Commission regarding the freestanding sign in 1995.
Macrum said that when the restaurant was under construction, some assumptions were made.
He said that when Garden Restaurants bough't the land, Garden believed they would be allowed
to have a freestanding sign. Macrum said Chandler Signs typically does research after the land
is purchased to find out what is allowable on the property. He said Chandler called the City and
discovered a 125 square foot sign 25 feet tall would be allowed on the property. Macrum said
further research indicated that a freestanding sign would not be permitted without a CZA
amendment. He said this property is very unique in that it is situated about 15 feet below
Highway 1 and the Red Lobster is difficult for customers to find. Macrum said the recommended
sign would be 25 feet tall, but would only be 10 feet above the finished grade of Highway 1,
because the property is so low.
Macrum said he looked at the Wal-Mart sign to see if there was some way to apply a sign to the
existing structure. He said the Wal-Mart pylon was not designed for a multi-tenant sign and
would not accommodate the additional wind load. He added that using the Cub Foods sign
would give no visibility to Highway 1. Macrum said employees at the restaurant hear complaints
from customers unable to locate the restaurant and added that revenue is not what it should be.
Macrum said he considers this a hardship situation. He said the proposed sign was consistent
with a national Red Lobster program and would be in excellent taste.
Jerry Chambliss, said he is the manager of signage for Garden Restaurants, which operates
Red Lobster. He said he was involved in the original real estate deal involving the Red Lobster
and did not ever recall the developer discussing that there were only two pylons allowed.
Chambliss said the developer's internal restrictions limited the developer to two pylons, but
Chambliss followed up and received permission from the developer and from Wal-Mart stores to
add another pylon to the center. He said the store was under construction when they first applied
to the City for an additional sign.
Chambiiss said customers cannot tell that the building is a Red Lobster until they get very close,
because the property is low compared to Highway 1. He said that good signage affects business
and he wants to construct something that is tasteful and complies with all City codes. He added
that this hardship is the reason they have applied for an additional sign.
Gibson asked if anyone involved had asked Wal-Mart if they would be willing to share their sign
with Red Lobster. Chambliss said no one had contacted Wal-Mart. Macrum said the sign that is
on the building is currently as high as allowed to be by City code.
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July 17, 1997
Page 10
Ehrhardt asked if the problem was between the developer and Red Lobster. Chainbliss said the
City would have been well advised to tell the developer to make a provision for a multi-tenant
sign. He said the first two large businesses constructed the first two signs and that Wal-Mart has
no incentive to share its sign with Red Lobster. Ehrhardt asked if they had ever done research to
find out if people are aware of the Red Lobster location. Chambliss said he was not aware of any
questionnaire, but that the local operations manager has received many comments from people
unable to find the restaurant.
Public discussion:
There was none.
Public discussion closed.
Starr asked Commission members if they would be interested in voting even though the
Commission usually takes two meetings to consider a rezoning. Gibson said he felt this item was
significantly different from the usual rezoning and said he was ready to vote. Bovbjerg asked if
there were any Commission members who felt they needed more information. Starr said he was
not convinced that they would gain much additional information by delaying a vote. Holecek said
a deferral would require a waiver of the 45-day limitation period.
MOTION: Bovbjerg moved to recommend approval of REZ97-0008, a request to amend the
Conditional Zoning Agreement for Westport Plaza by allowing an additional freestanding
sign for property located at 1069 Highway One West. Supple seconded the motion.
Bovbjerg said that similar to the other request to amend the CZA, she would not vote in favor of
this on the principle of keeping the CZA intact. She said it is important for the Commission to
stand by the CZA and for all parties concerned to uphold what they had signed in order to
develop on this property. Bovbjerg said there would not have been this development without
these conditions.
Gibson said the applicants presented an interesting case, but this company is a national
organization and should have done adequate research. He said the fact that they were unaware
of conditions due to inadequate due diligence is not something for the community to solve for
them. Gibson said they are in business to take risks and they took this risk, but missed a
significant factor. He added that there probably are a number of other factors besides not having
a sign that would contribute to the lack of the level of success anticipated for the restaurant.
Gibson agreed with Bovbjerg that the Commission has to treat the issue of conditional zoning
agreements with a fairly high level of seriousness and sanctity, or else the CZA becomes only a
starting point for negotiations after the original item people are seeking is approved. He added
that a lot of effort goes into those negotiations and the CZA should be treated seriously as the
final agreement to govern a specific development. Gibson said the City would not be able to
depend on any CZAs it puts together if everyone believes they are subject to negotiation. Gibson
said he would vote against this amendment.
Starr said he would also vote against the CZA amendment for basically the same reasons as
were already stated. He added that if the existing Wal-Mart sign were not out of compliance, this
would probably not even be an issue, because the opportunity to create the second sign on that
pylon would exist. Starr said that was the intent of the CZA. He said this presents an opportunity
Planning & Zoning Commission Minutes
July 17, 1997
Page 11
to bring the sign into compliance without costing Wal-Mart as much as it would if it had its sign
there alone. Starr said the businesses could do cost sharing with regard to a new sign. As far as
the developer implying that it had no knowledge of the restriction on constructing a freestanding
sign, Starr said the CZA was available for everyone to study. Starr said that although he was
somewhat sympathetic, he had to go along with enforcing the intent of the CZA language as well
as what the original intent of developing along Highway 1 was and continues to be.
The motion failed on a vote of 0-6.
MOTION: Gibson. moved to recommend denial of REZ97-0008, a request to amend the
Conditional Zoning Amendment for Westport Plaza by allowing an additional freestanding
sign for property located at 1069 Highway One West. Ehrhardt seconded the motion. The
motion carried on a vote of 6-0.
REZ97-0008. Public discussion of an application submitted by Brad Houser, on behalf of
property owner University Baptist Church, to rezone 2.36 acres located at 1850 W. Benton
Street from Low Density Multi-Family Residential (RM-12) to High Density Multi-Family
Residential (RM44). (45-day limitation period expires August 10, 1997)
Yapp said this request is to rezone 2.36 acres of property located at the intersection of Benton
Street and Westgate Street from RM-12 to RM-44. He showed the zoning of surrounding
properties on a map of the area. Yapp said staff analyzed this request in terms of the
Comprehensive Plan, the transitions of zoning, traffic and access concerns, and spot zoning.
In terms of the Comprehensive Plan, Yapp said the RM-44 High Density Multi-Family zone is
intended to establish areas for the development of high-density multi-family housing and group
living quarters. He said the Comprehensive Plan states that high density development should be
encouraged for people who wish to live close to downtown and to reduce the demand for the
conversion of lower density neighborhoods farther from the center of the City. Yapp added that
the Comprehensive Plan Land Use Map shows this property as appropriate for 8-16 dwelling
units per acre, consistent with an RM-12 zone. He said this property is not close to the
downtown, although it is on a transit route.
Yapp said as this area is currently zoned, the RM-12 property provides a transition from the RS-
5 properties to the south and to the west, and the RM-44 properties to the north. He said to
rezone this property to RM-44 would negate the transition between the higher density and lower
density areas and would create more of a sense of crowding and congestion on Benton Street.
Yapp said staff calculated the trips per day that would be generated from this property if it were
developed to its maximum allowable density. He said that under an RM-12 zone there would be
approximately 222 trips per day, but under an RM-44 zone there would be 612 trips per day.
Given the current access on Benton Street and the possibility that pieces of the property that
front only on Benton Street could be sold off, leaving the City no choice but to provide access on
Benton Street, Yapp said a higher density zoning would generate more traffic onto an arterial
street. He said staff had a concern with this as it would reduce the capacity of Benton Street and
goes against the City policy of limiting access onto arterial streets.
With regard to spot zoning, Yapp said rezoning just this property to RM-44 would leave two
small RM-12 zoned properties both to the north and the east. He said it is not good planning to
leave small pieces of property isolated with a different zoning and with no logical transition in
Planning & Zoning Commission Minutes
July 17, 1997
Page 12
zones for
redevelop
them with
two reasons: it negates a logical transition in densities, and it makes it difficult to
those neighboring properties without getting them rezoned if they wanted to combine
neighboring properties.
Yapp said staff finds no compelling argument for rezoning this property to RM-44. He said that
even though the property is buffered to the east and west by churches, these church properties
may be redeveloped in the future. Yapp said staff feels rezoning of this property would not be
consistent with the Comprehensive Plan, would negate the transition in densities along this area
and is concerned with the higher amount of traffic which would be accessing Benton Street. He
said staff is recommending denial of this application.
Bovbjerg asked if the area on the map under consideration included the church and asked about
the zoning for churches. Yapp said it does - that the church on the west side is actually part of
this property and the church to the east is on neighboring property. He said if the rezoning were
approved, the entire property, including the church would become RM-44. Yapp said churches
are permitted in most residential zones by special exception. He said the lot lines in the
application showing three lots merely show a concept presented by the applicant of how different
lots may be developed if the rezoning is approved.
Gibson said that in the event this rezoning was approved, the church could sell its property and
the entire 100,000 square feet would be eligible for development to an RM-44 density. He said if
that would happen, the buffer to the RS-5 neighborhoods to the west would disappear. Yapp
said that was correct. Gibson said that would permit about 40 apartments on just the parcel that
contains the church.
Brad Houser, 1700 First Avenue, said he has been working with University Baptist Church on
development of its parcel of land. He said they are now proposing to divide the property into
three lots, which will allow the church to sell off the lots as it chooses. He said they currently
have an agreement to sell one lot at this time, but the timetable for the other lots is uncertain.
Houser said they are asking for the RM-44 zoning and are working with staff on changes
regarding entrances onto Benton Street and onto Westgate. He said the piece on the northeast
corner is an RM-20 zone and the church is next to lot three so that he feels this is almost a
commercial zone with traffic from these two areas. Houser said the property to the north is a
cluster of five four-plexes and the property to the north of that is an RM-44 zone. He said Benton
Street will continue to have a higher traffic count especially as things develop on the west side of
town, because it is the main thoroughfare besides Melrose Avenue. He said he feels there
should be a higher density on the street, because it is going to have more traffic. Houser said
the properties to the south are backyard properties and sit up high so that the noise from the
traffic does not affect them as much.
Houser said there is an RS-5 zone to the west and some of the properties to the north are
duplexes and are not all single-family housing. He said there is a tradeoff of some different
zones in the area. Houser agreed that this was spot zoning compared to the next door
properties, but said there are higher density properties in close proximity.
Bovbjerg asked if University Baptist Church owned all of the property. Houser said thai: was
correct. He said the church and its parking lot are approximately 1/3 of i:he entire property. He
said they are currently working on parcel three to make it into some multi-family housing. He
said parcel two would be developed whenever the Church decides to do so. Bovbjerg asked if
Planning & Zoning Commission Minutes
July 17, 1997'
Page 13
University Baptist Church would be selling the property to a developer. Houser said they would
be selling the property to him. He said he discussed with staff the possibility of a planned
development, but the problem is that the church does not know when it will sell off the other
parcels, all of which would be required for a planned development.
Ehrhardt asked Houser about his letter that stated that the higher density would fit into a
neighborhood's planned use. Houser said that although the Comprehensive Plan is a general
guide, Benton Street will become a much busier street in general. He said that elaborate or
expensive housing cannot be constructed on this property, because it will not sell as well in
these areas.
Public discussion:
Tom Gruca, 1845 Kathlin, said his house backs onto Benton Street. He said the four-plexes to
the north of this property were constructed on property sold to a developer by University Baptist
Church. Gruca said staff's report regarding the traffic issues was very good. He said the
previous day's paper had said traffic on Benton Street has increased 150% over the period of
time they examined. Gruca said the idea of saying there is a lot of traffic so a lot more won't
make any difference is not a very compelling argument.
Gruca said the traffic on Benton Street is not just vehicular. He said there are two schools right
near the street and there is an enormous amount of pedestrian and bike traffic, especially
children going to and from schools and activities. Gruca said this is not a location where more
traffic should be added. He said this is a big safety issue, because there is not only a big
increase in traffic on Benton Street, but also a big increase in the speeds people are driving.
Gruca said parking is another big issue with regard to this application. He said Westgate, during
the school year, is basically a horizontal two-lane parking ramp, because there is simply not
enough parking for the buildings there. Gruca said the people who go to the other church, The
Kingdom Hall of the Jehovah's Witnesses, are currently parking on Estron, because they have
nowhere else to park. He said there will be nowhere for the people living in this area to park,
because there is no leftover on-street parking.
Gruca said he received a letter notifying him of this hearing on July 14 and many of his
neighbors could not arrange their schedules on short notice to attend the meeting. He said he
contacted neighbors asking them to oppose this development. Gruca said that of the ten people
he contacted, all but one signed the form opposing this. He added that residents on Westgate
Circle are closer to this property than he is, but they did not 'receive notification. He said
everyone he has spoken to with only one exception is opposed to this rezoning.
Holecek noted that because this is a rezoning, there will be another public hearing subsequent
to this one. Starr said the intent is to defer this issue to the August 7 meeting, and there will also
be a public informal meeting on August 4. He added that any property owner within 200 feet of
the requested rezoning should have been notified. Yapp said he had the list and letters were
sent to two owners on the east side of Westgate Circle and added that a sign was posted
regarding this rezoning.
Mick Walker, 1840 Kathlin, said there is an elementary school within 500 feet of this location. He
Said there are a significant number of kids walking on Benton Street at various times of the day
Planning & Zoning Commission Minutes
July 17, 1997
Page 14
and that adding more cars coming out' of driveways will make this a dangerous situation. He said
he would be against the proposed rezoning.
Paul Hoherz, 724 Wheaton Road, said he was concerned when the church sold the property
later developed into the four-plexes to the north of this property. He said that currently Westgate
Street has two drains at the creek, but the street is flooded after a heavy rain. He said he is
concerned that if there is a great deal more cement in the area, water will flow to Westgate
Street, which already cannot handle the amount of water after storms. Hoherz said he would like
to know if there are any plans for storm water drainage with this development. He said that when
the four-plexes were built, a cistern type system slowly released water into the creek. He said he
was very concerned about where excess water would flow.
Richard Rhodes, 2014 Rochester Avenue, said that because of the ill-designed area there are
only two choices when biking to the west side of Iowa City: Melrose Avenue and Benton Street,
which have ever-increasing amounts of traffic on them. He showed on the map that the area to
the north of Benton Street blocks alternate low-traffic routes for bicycle traffic. Rhodes
suggested that if the rezoning were approved, there be some provision for maintaining a public
right-of-way, perhaps across the back of this property, that could be extended through the
apartment complex to at least connect an area bikes could travel through; an alternative to the
arterial street. He said the area was poorly designed for providing alternate routes for pedestrian
and bicycle traffic.
Public discussion closed.
MOTION: Gibson moved to defer to the Planning and Zoning Commission meeting of
August 7, 1997, REZ97-0010, a request to rezone 2.36 acres located at 1850 W. Benton
Street from Low Density Multi-Family Residential (RM-12) to High Density Multi-Family
Residential (RM-44). Bovbjerg seconded the motion. The motion carried on a vote of 6-0.
DEVELOPMENT ITEM:
SUB97-0013. Public discussion of an application submitted by Jesse & Elizabeth Irwin for
preliminary plat approval of Irwin Subdivision (replat of a portion of Lot 24 of Mt. Schrader), a
3.92 acre, 5-lot residential subdivision located on Washington Street, east of First Avenue. (45-
day limitation period expires August 10, 1997)
Miklo showed the property on a map. He said the Irwins currently own a house on one lot and
are proposing four additional lots, with individual accesses to Washington Street. Miklo said the
subdivision is in compliance with zoning ordinances and that the lots are over 33,000 square feet
in size. He added that the applicant's engineer has indicated they have chosen not to build a
street in this area, which would have allowed them to build at a higher density.
Miklo said the Neighborhood Open Space Ordinance would require approximately 3,700 square
feet of open space in a development this size. Given its location near Pleasant Hill Park and the
small amount of open space required, Miklo said the Parks and Recreation Director is
recommending that fees be paid in lieu of open space. He said the fee will be based on the
assessed value of the property and would be the equivalent of the City having to purchase 3,700
square feet of property.
Planning & Zoning Commission Minutes
July 17, 1997
Page 15
In terms of storm water management, Miklo said the applicant's engineer has submitted
calculations to the Public Works Department that indicate that the existing storm water facility
draining into a creek to the east will handle storm water runoff from this development. He said
the Public Works Department has reviewed the plans and is general agreement with them,
although they need to work out more detail in the calculations. Because this is such a low-
density development, Miklo said Public Works agrees that an additional storm water detention
basin area would not be necessary here.
Miklo said additional right-of-way is required for construction of sidewalks on Washington Street
and the legal papers do contain provisions to provide for those sidewalks.
Miklo said there were a few minor deficiencies when this plan was reviewed on Monday night.
He said a revised plat has been received that is in order for approval, and the Commission is
being asked to approve both the preliminary and the final plat at the same time. Miklo said staff
recommends approval of these plats, subject to approval of the legal papers and construction
documents prior to City Council consideration of the final plat.
Ehrhardt asked why the Commission was considering both the preliminary and final plats at the
same time. Miklo responded that the applicants always have that option, but generally do not
use it when it is a complicated plat because of the expense of having to prepare final documents
for a plan that could be changed or denied.
Bovbjerg said that with these large, deep lots, the only way these lots could be split would be if a
street were constructed there since flag lots are not allowed. Bovbjerg asked if this development
could be split any further. Miklo said the lots could not be split further because the zoning
ordinance requires 60 feet of lot frontage in an RS-5 zone and these lots are only 103 feet wide.
Jess Irwin, 10 S. First Avenue, said he and his wife own this property. He said the City was
wrong in two different instances regarding this application. Irwin said the house on Lot 1 was on
a different abstract and a different piece of property from the four lots to be developed to the
east. He asked why the residence would be part of this application. Miklo said that Irwin's
engineer had informed staff that this was all one lot.
Irwin said the 'storm sewer at the northeast corner of the property is actually on his property, but
the Iowa City survey claims it is not. He said it will not affect the value of the property, but he
wanted to make the City aware of it. Miklo said he thought the easement was on the Irwins'
property and the actual storm sewer outlet was on the adjacent property. Irwin said he gave that
easement under objection, but wanted to make things clear for the next owner of that lot.
Irwin asked about the $1,086 tap-on fee. Miklo said it is a fee that is required for all subdivisions
for water lines and is consistent throughout the City. Holecek said the fee is $354 per acre for
water main extensions to service the property.
Irwin said this property has been within the City limits for 35 years and wondered about the
sidewalk requirement. He asked if the requirement for sidewalks was routine. Miklo said all
residential lots are required to have sidewalks. Irwin asked if that could be delayed; he said he
didn't want to tear the land up before the lots are sold. Miklo said the City engineers feel that in
order to get a proper grade, the grading should be done prior to the issuance of a building permit
on any of the lots. He added that the grading did not need to be done before the first lot was
sold.
Planning & Zoning Commission Minutes
July 17, 1997
Page 16
Irwin asked about the open space requirement. He said the area was an open space for years
and that people in the area often thought it was a neighborhood park. Irwin said that since the
lots are so large, he did not see a need for more green space. Miklo said the fee is based on
providing a neighborhood park, which would be for public use as opposed to private use.
Starr asked Irwin if he had enough concerns about the application that he would rather not have
a vote on it at this time. Irwin said he did not - that he was interested in getting the property on
the market.
Miklo added that, if the property where the Irwins' residence is located were a separate parcel of
record, the subdivision would need to be revised before City Council consideration to remove it
from the subdivision. He said the Commission could still take action on the application tonight
and added that it would result in a slightly lower park land fee and a slightly lower water tap-on
fee.
Public discussion:
There was none.
Public discussion closed.
MOTION: Supple moved to recommend approval of SUB97-0013, preliminary and final plat
approval of Irwin Subdivision, a resubdivision of a portion of Lot 24 of Mt. Schrader
subdivision, a 3.07 four-lot residential subdivision located on Washington Street, east of
First Avenue, subject to approval of legal papers and construction documents prior to
City Council consideration of the final plat. Shive seconded the motion. The motion
carried on a vote of 6-0.
COUNTY ZONING ITEM:
CU9705. Public discussion of an application submitted to Johnson County by Henrietta M. &
Donald K. Wood for a conditional use permit to allow a golf course expansion for 50 acres of
property located near the intersection of Taft Avenue and Herbert Hoover Highway.
Yapp showed the 50 acres under consideration for a conditional use permit for a golf course on
a map. He said the expansion would provide nine new holes, giving the golf course a total of 18
holes. Yapp said golf courses are permitted in the A1, A2, A3, and RS zones in Johnson County,
and the area under consideration is zoned RS. He said the proposed golf course would be
surrounded by agricultural uses and Interstate 80 to the north, agricultural uses to the west and
south, and the existing High Point Golf Course to the east.
Yapp said this area is within the 20-30 year growth area for Iowa City and will probably develop
residentially in the long-range future. He said the applicant has worked with the Johnson County
Soil and Water Conservation Service on grading plans and plans for ponds on-site to collect
water runoff and silt and sediment before it runs off the property. Yapp said staff believes runoff
concerns are being addressed through the applicant's working with the Soil Conservation
Service and the Johnson County Health Department.
Planning & Zoning Commission Minutes
July 17, 1997
Page 17
Yapp said the applicant has not yet completed a final layout for golf holes and fairways, but has
noted that the design of the course will take into account the need to keep golf balls on site to
the extent possible. He said there are many examples in which residential developments co-exist
with golf courses with the use of trees and nets.
Yapp said the Johnson County Zoning Ordinance states that all entrances to a golf course shall
be paved or that the Board of Supervisors shall enter into an agreement with the developer for
financial participation in the construction and/or maintenance of the public roadway. He said this
is because the golf course would attract much more traffic than a crushed rock road would
typically experience and would require a greater amount of maintenance and dust control.
Yapp said staff recommends that the Iowa City City Council forward a letter to the Johnson
County Board of Supervisors recommending that the conditional use permit to allow a golf
course on 50 acres of land near the intersection of Taft Avenue and Herbert Hoover Highway be
approved, and, consistent with the Johnson County Zoning Ordinance, staff recommends that
Taft Avenue north of Herbert Hoover Highway be paved by the applicant or that a satisfactory
agreement be reached between the County and the applicant regarding the maintenance of this
section of Taft Avenue.
¥app added that Scott Wood owns the rectangle of land south of the existing golf course.
Ehrhardt asked if the applicant would be obligated to follow the recommendations of the Soil and
Water Conservation Commission. Yapp said they are not obligated by ordinance, but the
applicant would probably not be able to obtain an irrigation permit from the Board of Health
unless he can obtain a recommendation from the Soil Conservation Service that the plan be
approved. The applicant has obtained the required SCS recommendation and an irrigation
permit from the Johnson County Board of Health.
Public discussion:
There was none.
Public discussion closed.
MOTION: Bovbjerg moved to recommend that the Iowa City City Council forward a letter
to the Johnson County Board of Supervisors recommending that the conditional use
permit to allow a golf course expansion for 50 acres of land near the intersection of Taft
Avenue and Herbert Hoover Highway be approved and that Taft Avenue north of Herbert
Hoover Highway be paved by the applicant or that a satisfactory agreement be reached
between the County and the applicant regarding the maintenance of this section of Taft
Avenue. Shive seconded the motion.
Bovbjerg said it would be interesting to see the results of what the Soil and Water Conservation
Service and the applicant do with the plan, especially since golf courses are "going natural,"
using intriguing methods to avoid watering a huge expanse of land.
The motion carried on a vote of 6-0.
CZ9726. Public discussion of an application submitted to Johnson County by James R.
Anderson, Stephen T. Bender and Thomas J. Bender to rezone 46.86 acres located on the west
Planning & Zoning Commission Minutes
July 17, 1997
Page 18
side of Prairie du Chien Road NE, approximately ~ mile north of its intersection with Newport
Road, from Suburban Residential (RS-3) to Suburban Residential (RS).
Kugler said this is a request to rezone the eastern part of this property to RS, consistent with the
western portions. He said the Fringe Area Agreement allows rezonings to RS, provided that 50%
of the property is set aside as open space and the concept plan was submitted meeting this
requirement. Kugler said staff is therefore recommending approval.
Bovbjerg asked if this was one of the first county properties to use this clustering method. Kugler
said there were two others that the Commission has reviewed since the Fringe Area Agreement
was adopted, but this would be the first large one. He said there were others in outlying County
areas. Starr said this should serve as an additional reinforcement for the realignment of Prairie
du Chien Road. He said there is a need for work at the corner of Prairie du Chien and Highway
1. Bovbjerg asked if a note could be added to that effect. Kugler said it could be incorporated
into the letter from the City with the recommendation that the roadway be addressed in the near
future to accommodate development in this area.
Public discussion:
There was none.
Public discussion closed.
MOTION: Shive moved to recommend that the Iowa City City Council forward a letter to
the Johnson County Board of Supervisors recommending that CZ9726, a request to
rezone 46.86 acres located on the west side of Prairie du Chien Road NE, approximately
1A mile north of its intersection with Newport Road, from Suburban Residential (RS3) to
Suburban Residential (RS), be approved. Gibson seconded the motion. The motion
carried on a vote of 6-0.
CODE AMENDMENT ITEM:
Public discussion of an amendment to Title 14, Chapter 6, entitled "Zoning", Article B, "Zoning
Definitions," to change the definition of GRADE.
Miklo said staff recommended this item be deferred to the August 7, 1997 meeting.
Public discussion:
There was none.
Public discussion closed.
MOTION: Gibson moved to defer to the Planning and Zoning Commission meeting of
August 7, 1997, an amendment to Title 14, Chapter 6, entitled "Zoning", Article B, "Zoning
Definitions," to change the definition of GRADE. The motion carried on a vote of 6-0.
Planning & Zoning Commission Minutes
July 17, 1997
Page 19
CONSIDERATION OF THE JULY 3, 1997 PLANNING AND ZONING COMMISSION MINUTES:
MOTION: Bovbjerg moved to approve the minutes of the July 3, 1997 meeting of the
Planning and Zoning Commission, as amended. Supple seconded the motion. The motion
carried on a vote of 5-0, with Gibson abstainin_el due to absence.
OTHER BUSINESS:
There was none.
PLANNING AND ZONING COMMISSION INFORMATION:
Shire said he could not attend the formal meeting on August 14, 1997. He added that the City
Council had an interesting discussion on signs at its last meeting.
The meeting was adjourned at 9:55 p.m.
Lea Supple, Secretary
Minutes submitted by Anne Schulte
ppadm/min/p&z0717.doc
IOWA CITY PLANNING AND ZONING COMMISSION MEETING
THURSDA E JUL Y 17, 1997 - 7.'30 P,M.
CIVIC CENTER COUNCIL CHAMBERS
SIGN IN SHEET
5.
6.
7.
8.
12.
Address
7 ' Y
13.
14.
15.
16,
17.
18.
MINUTES
PLANNING & ZONING COMMISSION
JULY 17, 1997 - 7:30 P.M.
CIVIC CENTER COl, CHAMBERS
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
P,RELIBI ARY
Subject to Approval
Ann Bovbjerg, Pam Ehrhardt, Dick Gibson, Phil Shive, George
Starr, Lea Supple
Benjamin Chait "
b Miklo, Scott Kugler, John Yapp, Sarah Holecek, Anne Schu~l. te/
Thayer, Richard Rhodes, James Throgmorton, Ral h~
Bill Macrum, Brad Houser, Thomas Gruca,
Paul )erz, Jesse Irwin
REZ97-0008 a request
Ilow an additional free
the Conditional
sign for property
RECOMMENDATIONS TO
Recommended denial, by a vote of 6-0,
Zoning Amendment for Westport Plaza to
located at 1069 Highway One West.
Recommended approval, by a vote of 6-0, of ,97-0013. y and final plat of Irwin
Subdivision, a resubdivision of a portion of Lot 24 Subdivision, a 3.07 acre, four-
Io.t .res!dential subdivision located .on Washin east of First Avenue, subject to
approval_of lega!. papers and"bonstruction documents ,r to. City council' consideration of the
final plat.
Recommended approval, by a vote of 6-0, that Iowa Ci~ City Council forward a letter to the
Johnson County Board of Supervisors rec(~mrp !ding thatCid9705, a conditional use permit to
allow a golf course expansion for 50 acres/bf land near theXi,ntersection of Taft Avenue and
Herbert Hoover Highway be approved and)l~at Taft Avenue. north, of Herbert Hoover Highway be
paved by the applicant or that a satisfact/efy agreement be reached, between the County and the
applicant regarding the maintenance?,this section of Taft Avenue.
Recommended approval, by a vote/of 6-0, that the Iowa City City Co0qcil forward a letter to the
Johnson County Board of Superyi'sors recommending that CZ9726, a 'r,~quest to rezone 46.86
acres located on the west side/~f Prairie du Chien Road NE, approximateely A mile north of its
intersection with Newport Roa/d, from Suburban Residential (RS3) to Suburban Residential (RS),
be approved. //
CALL TO ORDER: / ~ .
Chairperson Starr cal the meeting to order at 7:35 p.m.
PUBLIC DISCUS,,. OF ANY ITEM NOT ON THE AGENDA:
There was non
OF VACANCIES ON CITY BOARDS AND COMMISSIONS: ,
Starr said/,, are three vacancies for three years each on the Housing and Community
Developm~ent Commission, and five vacancies on the Police Citizens' Review Board: one for a
two-year term, two for three-year terms, and two for four-Year terms. He added that these
appointments would be made at the August 26, 1997 meeting of the City Council.
Planning & Zoning Commission Minutes
July 17, 1997
Page 2
COMPREHENSIVE PLAN ITEM:
Miklo a brief overview of the Comprehensive Plan. He said this Plan would be an entirely
new opposed to an update of a previous one, as was done with the 1989 update. Mikl'o
said the n is based on the Iowa City: Beyond 2000 vision statement that was developed by
several that met in the summer of 1994. He stated that the broad vision statements
were adopte( City Council.
Miklo said the ~osed Comprehensive Plan contains several section. S, with emphasis on the
following areas: policy, neighborhood design concepts, development, and
social fabric. He d the Comprehensive Plan is actually a of documents with
appendices, includin¢ ~e present Historic Preservation Plan, Street Plan and the
Neighborhood Open Sp Ordinance.
Miklo said the Corn
have a specific plan within next several years. He
Plan is' now complete, been written with the
residents of the area, owners and develo
through a series of neig workshops. He
properties in the area, with a neigl' comm(
mix of housing types.
Plan divides the city into ten and that each district would
that the draft of the South District
of many citizens, including
Miklo said the plan was developed
the plan is to have a mixed uses for
center, neighborhood open space, and a
Miklo 'Said the next Step'for the C(
need to review ordinances and policies
the Comprehensive Plan. He added that
boards and commissions, as well as mE
Commerce and the Board of Realtors.
Plan' is imp!em:entafion. He: said the City will
them to include [h~ plans and'principles from
; Comprehensive Plan has been presented to City
to other groups, such as the Chamber of
Bovbjerg asked how a citizen a or suggestion for the new Comprehensive
Plan. Miklo said concerns should directed to Commission or to a staff person, either in
person at a meeting or in writin said the C¢ ~mission will recommend a final draft of the
Plan to the City Council, who ultimately whether 'o-r 'not. to approve the new Plan.
Ehrhardt asked if the Comr would see Lic comments before a vote and Miklo
-responded that those would made available to the ommission. Supple asked if there would
be another step between Commission and the ;ouncil and Miklo responded that there
was not.
Nancy Thayer, 201 Nor First Avenue #401, said she re the Iowa City Human Rights
Commission, which the attainment for all of Iowa City of the full range of
human rights expre~ in the Universal Declaration'of Rights adopted by the United
Nations almost 50 ~ars ago. She added that the Declaration that "everyone has the right
to a standard of adequate for the health and well-bein himself and of his family,
including housin, Thayer said the City must include specific in its land use policies to
affirm the dignity and the equal and inalienable human n all community residents.
Thayer Comprehensive Plan includes several measures \group would urge the
Corr hi: support, because they are intended to make economical h~using available for all.
She cite! the section "A Community of Neighborhoods," on page 1~ which states that
nei ~ cod design concepts to be considered when reviewing anne~tion, zoning, and
sul: ~i( n plans, are intended to include a variety of land uses and housing ~pes. Thayer said
the ~c~ pt is expanded upon in the section citing goals for providing a diversity of housing
ty~ more compact subdivision designs, narrower local streets, reduced ~,~setbacks,
Planning & Zoning Commission Minutes
July 17, 1997
93
nal lot frontages, and the use of alleys. She added that these measures would make the
lower priced housing far more feasible than currently possible. ~
Thayer ~sed the concept of inclusive neighborhoods, as stated in tbe~"'lowa City: Beyond
2000; How ~We Get There secbon of the Plan. She said the sectior)/(ncludes specific goals
and strate( s~r preserving inclusive neighborhoods and insuring ~teir development in new
areas. Th,~yer se;~d there are several strategies in the section on "Hobsing," page 38, and :Land
Use and Urban Fl~nning," page 40, that are important and shoul~l/be included in the final draft,
including: small cwr~r-occupied houses on smaller lots, zoning,f~Sr lower cost housing types and
for smaller lots, usi~ incentives to encourage developers/to invest in affordable housing,
reducing conc( ntratior~ of lower cost housing by using '~airzs'hare" policies in new developments
and continuing a balan of housing types in existing nei! i~borhoods, supporting senior citizens
continuing in their ;, continuing rental assistan4 programs, allowing development of
compact neighborhoods ntaining a mix of housing )es, and providing multi-family housing
development in numerous zones. Thayer ,, that the goal of providing neighborhoods
inclusive to all citizens ofCity is a goal wt' must remain in the plan the Commission
recommends to the City il. She said the City Human Rights Commission appreciates
the Commission's attention to issues.
Richard Rhodes, 2014 Ro,
regard to environmental matters
the City or private individuals, of
goal to eliminate such planting by
Rhodes said he would like to see
he was disappointed that on page 37, with
Plan did not address the planting, either by
exotic plants. He said it would be a desirable
City and to promote the use of native plant species.
~ing to this effect added to the Comprehensive Plan.
Rhodes added that the meeting ily had one Comprehensive Plan item on it. He said
the South District Plan should been as a separate topic to avoid confusion.
Jim Throemorton, 715 N. Lin! said he~supported the general thrust of the plan and had
praise for the staff for being~ to consider s~me innovative ideas. Throgmorton said he liked
the "Community of I~ ~b~rl' ;" section a gr~)~t deal, but thought the Plan should be more
aggressive in urging ~'r jurisdictions to adopt'~ompatible plans and policies. He said it is
important to link up ~ .7,oralviii ;, Johnson County,\~he University, the Johnson County Council
of Governments and School District to devise coordinated strategies that work in the same
direction.
Throgmorton on page 39, regarding the on "Housing," he fully agreed with
Thayer's cornmet Throgmorton said it is important to inclusionary zoning, rather than
just fair share He said inclusionary zoning is a ue for ensuring that a minimal
percent of hou units in any particular development certain size would be available
for low to mo~ income households. Gibson asked how er lots in a neighborhood such
as an RS-5 .~ighborhood would be distributed with inclusionary )ning. Throgmorton said they
should be through the area and be designed in a lanner consistent with the
surroundi neighborhood and the design of the other buildings. that in a development
with 50 100 units planned, 10% or even 20% of the units be set aside for low to
moder income units. Gibson asked about compatibility 'hrogmorton said the
stru¢ could be designed to have the same features and look like other units in the
~ment. He added that they would not necessarily have to be out ;cale with the other
Throgmorton said the "Community of Neighborhoods" idea is with inclusionary
but the two things do not necessarily fit together. He said they Id, however, fit
ether. Throgmorton said if the City adopts mixed use neighborhoods, it should also
gn them to be of mixed income so that citizens of different income levels can throughout
the City, rather than being concentrated in any one part of it.
Planning & Zoning Commission Minutes
July 17, 1997
Pa%
Throgmo'rt""Oq also said the role of advanced computer technology should be considered in the
ComprehensN~ Plan. He said this is a new technology that has the potential to radically alter the
way people rel~,t,e and even their own standards of living in the same space with other people.
Throgmorton saidxthe connections have to do primarily with the economic development potential
of those kinds of ~e,,chnologies and also the interactions within the community, primarily with
regard to deliberating'ixpublic policies and having active interchanges between citizens. He said
this.!s_a huge missing ~. ent of the Plan.
Throgmorton said the dis~t~ict plans would reveal if lere is substance to the rest of the
document. He said the Oorr~ission should take tho,~ lans very seriously. With regard to the
Northeast District, Throgmort0q said he feels it would a mistake to extend First Avenue north
to the new east-west arterial. \
Throgmorton said he was confus~cl, about Policy. He said he understood that the
sanitary sewer service area constituted the Ion planning boundary for Iowa City, but said
the two changes in the growth
really tied to the sanitary sewer
build pump stations to enable developr
was uncomfortable with the easy amendin
Gibson asked Throgmorton-about
interaction and decision making meth
said the section on economic devek
supporting businesses and be an
eliminate space and distance as
Gibson asked what the physical
said the technology can remove
Starr asked if the Vision
Statements have essentially
the information about comp[
the Commission will
p~
is of wt
,ace as a si.c
were under
adopted and are the
technologies was good
to discuss it.
it seem more fiction than reality, that it is not
ed more to whether someone will pay enough to
:)utside of the service area. Throgmorton said he
ts proposed for the growth policy°
opportunities for:different kinds of social
affect the Comprehensive Plan. Throgmorton
encourage those kinds. of technologies and
of the Plan. He said those technologies
,s for particular kinds of economic activity.
Throgmorton is suggesting.-Throgmorton
~art of economies. -'' ' ' :.
eration as well. Miklo said the Vision
for the rest of the Plan. Starr said
and should be revisited and
Richard Rhodes. 2014
components of the
said he understood
correct, with the
Neighborhood Open
new policies. Rhod
such a list.
Avenue, said it would bE lelpful to have a list of which
g Comprehensive Plan are being by the new document. Starr
~ew Plan would completely replace the one. Miklo said that was
on of the Arterial Street Plan, the reservation Plan, and the
)ace Plan.. He said there are similarities to 31d policies in many of the
asked if there is a list of what is being Miklo said there is not
Rhodes asked the Growth Limits. He said that previously, when ure was not in
place, there a City policy requiring developers to pay money up front infrastructure
for out-of-see ;nce development. Rhodes asked if the policy were being ~ined. Miklo said it
was by the "Annexation Policy" on page 12, which states there will be
negotiatio[ larding infrastructure for areas to be annexed.
Ralph 535 Southaate, said he realized the Comprehensive Plan basically a
philo.' plan as the last two plans became very detailed. Stoffer said the lern street
.~nt through Saddlebrook and then west is now shown as a T-intersection with County
which would create a very dangerous intersection. He said he thought the road be
an extension of Scott Boulevard.
Planning & Zoning Commission Minutes
July 1997
Page
Given the
the Plan
should
unbalanced in
require. He said
or office uses is
Plan'. Supple said
there is a neigl
of residential development over the next 20-50 years, Stoffer said he thought
an inadequate amount of commercially designated areas. He said the Plan
new areas for commercial development. He said the Plan seems fairly
respect. Supple asked Stoffer what he thought a balanced
id not have a specific definition, but that every place that allows
y generally built up. He said he is referring basically to the
are basically two areas that have not yet been desi
~rcial area designated and there is also a
fan would
)mmercial
.uth District
Miklo said
to another
possible neighborhood
area south of Highway 6
retail/commercial, instead of
Supple said there were
of that was zoned commercial.
larger areas up to ten acres
Highway 6. Supple asked Stoffer if
the area. Stoffer responded that he
light industrial, such as contractors,
Miklo added that there is also reference to the So, Gilbert Street
railroad tracks. The Plan encourages devel, this area as
intensive warehouse/commercial for which ~s currently zoned.
000 acres in the South District Plan and Miklo how much
liklo said the commercial areas coul~ from 1-3 acres to
also include all the comm development along
had a percentage in mind for development in
recommend 15% :ial with another 15-20%
50% residential.
Public discussion closed.
Starr said this item would continue on the
MOTION: Bovbjerg moved to continue to
of August 7, 1997, the public hearing of the
motion. .-
and Zoning Commission meeting
Plan. Shive seconded the
Gibson said he was interested in the idea
Community Development Division has res.
needs is looking at inclusionary zoning. said the
introduction of small apartment buildin( at the
Gibson said he was especially the notion of
3,000. or 4,000 square foot lot into might otherwise be
radical concept that might affect o the expanding areas
zoning could be implemented oth ways. Gibson asked if
for inclusionary zoning, wheth~
otherwise be exclusive RS-5
~ry zoning. Miklo said the Housing and
rched issue and the task force on housing
Plan does encourage the
of collector and arterial streets.
g a single-family home requiring a
zone. He said it was a fairly
le City. Miklo said inclusionary
any provision in the Plan
it be for small lots for sin [mily homes in what would
areas.
Miklo said the broader nei design goals encourage this of zoning pattern but do
not require ito He added tl during the next step of drafting zoning Lnces, the Commission
will decide whether it to formally require these types of practices. said this has been
done in other commu Gibson said staff had discussed low incom( the criteria for a
certain percentage g, which would be a considerably different a to the same
goal. He said it require a great deal of administrative effort. Miklo was probably
correct, and it is of the issues the Housing Subcommittee is examining. SL )le asked about
lot sizes. Miklo the minimum lot size for the RS-5 zone is 8,000 square ;et, but 5,000
square foot allowed in the RS-8 zone.
The on a vote of 6-0.
Planning & Zoning Commission Minutes
July 17, 1997
Page 6
REZONING
REZ97-0003. scussion of an application submitted by Jame
from RM-20, Medium ~nsity Multi-Family Residential, and RS-5
Residential, to OSA-20 OSA-5, Sensitive Areas Overlay Zone,
1136 N. Dubuque Street. limitation period waived to July
P. Glasgow for a rezoning
Density, Single-Family
1.9 acres located at 1122-
1997)
Miklo said the applicant's submitted a letter re(
1997. Miklo said he had also ~ived information that
has turned it over to the applicar engineer. He said he
review by the Commission at either e August 7 or August
of this item to August 7,
has completed its study and
expecting a plan to be ready for
meeting.
Bovbjerg asked if the submitted plan
will be one of several ideas. Miklo said
He said the engineers identified one
engineers reviewed the plan, in concept,
be the one the
~re will be one
within a
ineers consider their best idea or if it
plan rather than a series of alternatives.
of alternatives and that the City
was worth pursuing.
Public discussion:
Richard Rhodes, 2014 Rochester Avenue
Commission's agenda. Miklo said it has been
item has been deferred for months. He said
proposal and that the original plan was_ in
said he would request that if the Commi
should vote down the original plan.
decade, and it is time to force the issue
how long this item has been on the
e agenda since early April. Rhodes said this
the Commission had not received a new
its intrusivehess to the area. Rhodes
does =or receive a plan at its next meeting, it
that this ituation has been occurring for almost a
Public discussion closed.
MOTION: Supple moved to to the Planning and
August 7, 1997, REZ97-0003 an application
rezoning-from RM-20, Density Multi-Family
Single-Family Residential, OSA-20 and OSA-5,
acres located at 1122-1 Dubuque Street. Bovbjerg secol
Commission meeting of
James P. Glasgow for a
and RS-5, Low Density
Overlay Zone, for 1.9
motion.
Gibson said it was intere. that the reason this application is g is the failure to
receive the report from soils engineer. He suggested someone the records to find out
what the reality of is. Gibson made the observation if the soils report is so
important it should h~ been done when the original proposal was put He said it is a very
important factor in plan, because of the unstable nature of the slopes. stated that he was
surprised that the )plicant submitted a plan without the benefit of the soils report.
Gibson said he not understand why the report is taking so long. He said agreed that the
Commission vote on the original plan at the next meeting if a revised is not received
by then. Gib ~n said the applicant is consuming a great deal of staff and ission time by
continuing defer this item. He said the applicant should not continue to be indL ~ed. Bovbjerg
asked w~/~ le legality of this would be. ~
Holecells; the date of most importance is the deadline of November 1, 1997 for having the
constr :tion complete. She said the applicant had arguably complied with his obligationS under
the agreement, which was to submit an approvable plan by March 1. Holecek sa'i~the
has been patient and she has witnessed the frustration of the applicant's attoYqey
Planning & Zoning Commission Minutes
July 17, 1997
Page 7
over
been made
its merits
that one of the
soils engineering
status of the on
considered not
should perhaps continL
considering any plan
to get the report from the soils engineers. Holecek said the applicant has
that the Commission intends to take a studied look at the plan and judge it on
vote. Gibson said he was skeptical, partly because it'btretches credibility
~r developers in the state would be unable toget a soil., )ort from the major
in the City for over two months. Bovbjerg said one the problems with the
lan was the word "approvable." She said the or that was submitted was
~le. She said the Commission has not b~ pushing this issue and
on as it has been, but the Commissi should not be lulled into
presented.
Gibson said the notion of )plying the term "approvable" a solution intended to solve a
problem like this one without the benefit of soils testi and engineering is incredible. He
stated that it should be a irement of an "approvab plan. He said it seemed that any
document would have been in terms of the order. Holecek said that was not
quite accurate. Gibson asked kind of proposal have-failed to satisfy the requirement,
if a proposal that has no soils er neers reports )oses to use neighboring properties
without permission is considered
Starr said Commission members
the Commission's intent to proceed or
the next meeting. Starr said if he did n
not be able to consider expedited actio:
corrected, because it will probably be the
that as the November 1 deadline a
decision. He said the longer the matte~
by time, if for no other reason than
implementation of the plan. Gibson
delaying this project; it is concE about
concerned that it is getting and closer
progress.
Holecek said this is why th
time a request for
that the Commission
not succumb to dee
concerned about
may not meet the
rustrated this issue. He said overall, it seems to be
course of action, though that might change at
~ble with the plan as submitted, he would
said the main goal should be to get this matter
t chance. Gibson said he agreed with Starr, but said
s, the pressure will be on the Commission to make a
Ierred, the more the Commission will be pressured
that the Court will say.the :Corn_mission delayed
record should be clear the Commission is not
)e lack of progress being made and is also
the deadline without any apparent significant
~ission has ;d to make it a matter of public record each
been received. She that minutes from several meetings state
to make a considered ass~ iment of the plan on its merits and will
pressure. She added minutes state the Commission is
to have the project corn and concerned that the applicant
but it is through no fault of the ~mission's.
The motion c~
on a vote of 6-0.
REZ97-000 Public discussion of an application submitted
Westport aza Conditional Zoning Agreement to allow an
~eriod expires July 26, 1997)
ndler Signs, Inc. to amend the
freestanding sign. (45-day
Ku¢ this property was rezoned in 1989 to allow Westport be developed. He said
the at that time agreed to a number of conditions above and those contained
in .~ Zoning Chapter, one of which was to limit the development to freestanding signs.
Kl ler said the City is concerned about the appearance of major into iowa City and
h attempted to implement policies contained in the Comprehensive 151an~egarding these
ys by negotiating increased development standards, basically through~t~he conditional
process. He said the Menard's development and the Scott-Six Industrial'~ are two
other examples of this method.
Planning & Zoning Commission Minutes
July 17, 1997
Page 8
ier said this request is to amend the Conditional Zoning Agreement (CZA Westport
to allow a third freestanding sign for the Red Lobster restaurant located He added
the'other property owners within Westport Plaza have agreed to amend of restrictive
ants for the development to allow the third sign to be placed on the I( ler said staff
feels more preferable solution would be for property owners to agree space on an
existin ign at the southwest entrance of the development, rather amend and further
com the CZA for this property. Kugler said one additional sigr Highway 1 would
have little on this entryway, but if this application is a
justification eny a request from any other lot owner within this
amend any Conditional .Zoning Agreements that have bee
Highway I or in areas of the City. He said this calls into
process, and staff concerned about making piecemeal chan
impact that will the process over time. Kugler said
common practice, it
questions about
City would have little
or a request to
or will be negotiated along
the conditional zoning
to these agreements and the
CZA amendments become
Id seriously compromise the inte of the whole process' and raise
ese agreements should be into by the City at all.
Kugler said the applicant indicated that sales this restaurant are not as strong as
expected, implying that this to the lack of .a sign. He said there are many
factors that can influence the ~ccess of a resta~ and in staff's opinion, no compelling
reasons have been put forth to fy amending agreement reached in 1989 to facilitate the
rezoning of this property. Kugler the CZ^ in place and known to the applicant before
the restaurant was constructed. He d staff is ~mmending that this application be denied.
Kugler said he discussed the existing
Boose told Kugler he believed the
therefore a change such as adding.-
would require that the sign come into
to be internally illuminated but was act
n with Ron Boose, the Senior Building Official.
sign is not in conformance with the CZA,
n or increasing the advertising space on the sign,
Kugler said the Wal-Mart sign was supposed
lit sign.
Ehrhardt asked for dimensions of
proposes a sign that is 25 feet ta
length. He said the sign face
Ehrhardt asked if the applicar
during construction. Kugler
construction began,
denied at that time.
grade
would be 4 fe~
aware there
that
from
Red Lobster sign. Kugler said the applicant
top of the lobster symbol and 18.5 feet in
seven inches tall, not including the lobster.
uld not be an additional freestanding sign
opened and possibly before
;ented a similar application, which was
Bill Macrum, 12106
Company. He said h~
Macrum said that
He said that when
to have a freestan~
~nt Drive San Antonio, Texas,
the Commission re(
the restaurant was under
Restaurants bought the land,
sign.
he represented Chandler Sign
the freestanding sign in 1995.
some assumptions were made.
n believed they would be allowed
Macrum said
is allowable
sign 25 feet
freestandin
very uniqu
for custor
be 10
Signs typically does research after the is purchased to find out what
property. He said Chandler called the City )vered a 125 square foot
would be allowed on the property. Macrum said let research indicated that a
n would not be permitted without a CZA amendm, it. He said this property is
that it is situated about 15 feet below Highway I Red Lobster is difficult
to find. Macrum said the recommended sign would be feet tall, but would only
above the finished grade of Highway 1, because the is so low.
Mac said he looked at the Wal-Mart sign to see if there was some
:g structure. He said the Wal-Mart pylon was not designed for
to apply a sign to the
sign and
& Zoning Commission Minutes
1997
Page
would not
would give
from customers
Macrum said he
with a national
the additional wind load. He added that usin,
sibility to Highway 1. Macrum said employees at the
to locate the restaurant and added that revenut
;iders this a hardship situation. He said the
)bster program and would be in excellent taste
Cub Foods sign
hear complaints
s not what it should be.
sign was consistent
Jerry Chambliss,
Red Lobster. He said
and did not ever recall
Chambliss said the
Chambliss followed up and
add another pylon to the
to the City for an additional si
Chainbliss said customers cannot t~
because the property is low com
and he wants to construct somethin
that this hardship is the reason they
is the manager of signage for Restaurants, which operates
involved in the original real estalinvolving the Red Lobster
developer discussing that were only two pylons allowed.
internal restrictions developer to two pylons, but
permission from the )er and from Wal-Mart stores to
He said the store was un construction when they first applied
that the
to Highway
~at is
is a Red Lobster until they get very close,
He said that good signage affects business
and complies with all City codes. He added
an additional sign.
Gibson asked if anyone involved had ask,
with Red Lobster. Chambliss said no one
on the building is currently as high as
Ehrhardt asked if the problem was-
city would have been well advised tell the
sign. He said the first two large bu,, esses
no incentive to share its sign with Lobster.
find out if people are aware of Red Lobster
questionnaire, but that the Ioc;
unable to find the restaurant.
aI-Mart if they would be willing to share their sign
d contacted Wal-Mart. Macrum said the sign that is
be by City code.
~er and Red Lobster. Chambliss said the
to make a provision for a multi-tenant
the first two signs and that Wal-Mart has
~rdt asked if they.had ever done research to
i. Chambliss said he was not aware of any
operations manager received many comments from people
Public discussion:
There was none.
Public ~sed.
Starr asked C members if they would be in voting even though the
Commission f takes two meetings to consider a rezoning. said he felt this item was
significantly from the usual rezoning and said he was to vote. Bovbjerg asked if
there Commission members who felt they needed more rmation. Starr said he was
not convi that they would gain much additional information by de a vote. Holecek said
a defen would require a waiver of the 45-day limitation period.
Bovbjerg moved to recommend approval of REZ97-0008, a
:litional Zoning Agreement for Westport Plaza by allowing an
for property located at 1069 Highway One West. Supple
uest to amend the
freestanding
he motion.
said that similar to the other request to amend the CZA, she would vote in favor of
this on the principle of keeping the CZA intact. She said it is important for Commission to
stand by the CZA and for all parties concerned to uphold what they had si in order to
develop on this property. Bovbjerg said there would not have been this develo without
these conditions.
Planning & Zoning Commission Minutes
July 17, 1997
Page 10
Gibson said applicants presented an interesting case, but this company is a national
organization ~ould have done adequate research. He said the fact that they were unaware
of conditions due ladequate due diligence is not something for the to solve for
them. Gibson said are in business to take risks and they took this but missed a
significant factor. He d that there probably are a number of other facto~ ~esides not having
a sign that would to the lack of the level of success anticipated the restaurant.
Gibson agreed with Bovb the Commission has to treat the of conditional zoning
agreements with a fairly high of seriousness and sanctity, or e the CZ^ becomes only a
starting point for negotiations the o, riginal item people are is approved. He added
that a lot of effort goes into egotiations and the CZA be treated seriously as the
final agreement to govern a s development. Gibson the City would not be able to
depend on any CZAs it puts together believes / are subject to negotiation. Gibson
said he would vote-against this ~nt.
Starr said he would also vote against
were already stated. He added that if the ex
would probably not even be an issue.
pylon would exist. Starr said that was the inter
to bring the sign into compliance without co:
there alone. Starr said the businesses cou
the developer implying that it had no
sign, Starr said the~CZA was available
somewhat sympathetic, he had to go with
as what the original intent of develol
for basically the same reasons as
sign were not out of compliance, this
opportunity to create the second sign on that
the CZA. He said this presents an opportunity
as much as it would if it had its sign
with regard to a new sign. As far as
of restriction on constructing a freestanding
¥one study. Starr said that although he was
the intent of the CZA language as well
along Highway 1 and continues to be.
The motion failed on a vote of
MOTION: Gibson moved
Conditional Zoning Amen(
sign for property
motion carried on'a
denial of
for Westport Plaza by
1069 Highway One West.
6-0.
a request to amend the
an additional freestanding
the motion. Th__~e
REZ97-0008. Public of an ,application submitted by Houser, on behalf of
property owner Uni~ Baptist Church, to rezone 2.36 acres at 1850 W. Benton
Street from Low Multi-Family Residential (RM-12) to Multi-Family
Residential (RM4. (45-day limitation period expires August 10, 1..9_9_~_)- .
Yapp said this uest is to rezone 2.36 acres of property located at the ~rstate of Benton
Street and ate Street from RM-12 to RM-44. He showed the zonin of surrounding
properties a map of the area. Yapp said staff analyzed this request i~terms of the
Comprehe .~ Plan, the transitions of zoning, traffic and access concerns, and sp'X~zoning.
In term,.~o the Comprehensive Plan, Yapp said the RM-44 High Density Multi-Fan~ly zone is
intended to establish areas for the development of high-density multi-family housing ~nd group
ving,/quarters. He said the Comprehensive Plan states that high density development sh~ould be
nc,,e'uraged for people who wish to live close to downtown and to reduce the demand 'f,,or the
o)4version of lower density neighborhoods farther from the center of the City. Yapp addei~that
/'e Comprehensive Plan Land Use Map shows this property as appropriate for 8-16 dwe~ng
nits acre, consistent with an RM-12 zone. He said this property is not close to thee
although it is on a transit route. ~,
Jul~
Page
& Zoning Commission Minutes
', 1997
Yapp this area is currently zoned, the RM-12 property provides a transition from the RS-
5 [ the south and to the west, and the RM-44 properties to the noah. He said to
fezone this to RM-44 would negate the transition between the higher and lower
density areas wouldcreate more of a sense of crowding and congestion o 3enton Street.
Yapp said staff the trips per day that would be generated from property if it were
developed to its m allowable density. He said that under an RM zone there would be
approximately 222 ~r day, but under an RM-44 zone there be 612 trips per day.
Given the current access Benton Street and the possibility )~eces of the property that
front only on Benton Street uld be sold off, leaving the City no but to provide access on
Benton Street, Yapp said a ~er density of zoning would gen more traffic onto an arterial
street. He said staff had a with this as it would reduce capacity of Benton Street and
goes against the City policy of access onto arterial ,ets.
With regard to spot zoning, Yapp d rezoning just property to RM-44 would leave two
small RM-12 zoned properties both to north and east. He said it is not good planning to
leave small pieces of property a diffe~ ~t zoning and with no logical transition in
zones for two reasons: it negates a Io in densities, and it makes it difficult to
redevelop those neighboring properties them rezoned if they wanted to combine
them with neighboring properties.
Yapp said staff finds no compelling argum rezoning this property to RM-44. He said that
even though the property is buffered to nd west by churches, these church properties
may be redeveloped in the future. Yapl rezoning of this property would not be
consistent with the Comprehensive PI~ would ne( the transition in densities along this area
and is concerned with the higher of traffic would be accessing Benton Street. He
said staff is recommending denial application7~
Bovbjerg asked if the area on th under con,, included the church and asked about
the zoning for churches. Yap it does - that the on the west sidb is actually part of
this property and the church the east is on neighboring p f. He said if the rezoning were
approved, the entire including the church lot uld become RM-44o Yapp said
churches are permitted in residential zones by special He said the lot lines in the
application showing thre, merely show a concept presented the applicant of how different
lots may be developed :he rezoning were approved.
Gibson said that in event this rezoning was approved,' the , ~,could sell its property and
the entire 100,000/ :luare feet would be eligible for development to RM,-44 density. He said that
if that would hap~e the buffer to the RS-5 neighborhoods to the west',~vould disappear. Yapp
said that was c/~rr~ ;t. Gibson said that would permit about 40 apartm~ts on the site of the
parcel that co~ain., the Church alone. _ ~_
Brad House/, 1700 First Avenue, said he has been working with University~aptist Church on
developm~ht of its parcel of land. He said they are now proposing to divide~,he property into
three Iot~', which will allow the church to sell off the lots as it chooses. He sa~ they currently
have a/~agreement to sell one lot at this time, but the timetable for the other lots isX~, certain.
~l ~r said they are asking for the RM-44 zoning and are working with staff (~n changes
g~ ling entrances onto Benton Street and onto Westgate. He said the piece on the',~ortheast
'is an RM-20 zone and the church is next to lot three so that he feels this is ~most a
ercial zone with traffic from these two areas. Houser said the property to the noah is a
of five four-plexes and the property to the north of that is an RM-44 zone. He said Benton
Street will continue to have a higher traffic count especially as things develop on the west side of
,~,~,Planning & Zoning Commission Minutes
~ly 17, 1997
e12
tow because it is the main thoroughfare besides Melrose Avenue.. H/'(~ said he feels there
a higher density on the street, because it is going to traffic. Houser said
the ;rties to the south are backyard properties and sit up hi that the noise from the
traffic not affect them as much.
Houser
duplexes an~
zones in the
properties,
here is an'RS-5 zone to the west and som~ ~he' properties to the north are
~re not all single-family housing. He said is a tradeoff of some different
Houser agreed that this was sp zoning compared to the next door
are higher density properties proximity.
Bovbjerg asked if ~iversity Baptist Church owne~
correct. He said the lurch and its parking lot ar
said they are cur on parcel three
said parcel two JId developed whenever
University Baptist be selling th
be selling the property ,im. He said h~
development but the is that the
parcels, all of which would be
of the property. Houser said that was
)roximately 1/3 of the entire property. He
make it into some multi-family housing. He
decides to do so. Bovbjerg asked if
to a developer. Houser said they would
with staff the possibility of a planned
does not know when it will sell off the other
quired for planned development.
Ehrhardt asked Houser about
neighborhood's planned use. Hol
guide, Benton Street will become
expensive housing cannot be
these areas.
that stated that the higher density would fit into a
that although the Comprehensive Plan is a general
much busier street in general. He said that elaborate or
on this property, because it will not sell as well in
Public discussion:
_Tom Gruca, 1845 Kathlin, s his house to Benton Street. He said the four-plexes to the
north of this property on perty sold to a developer by University Baptist
Church. Gruca said report regarding traffic issues was very good. He said the
previous day's paper h~ said traffic on Benton has increased 150% over the period of
time they examined. said the idea of there is a lot of traffic so a lot more won't
make any difference ' a very compelling t.
Gruca said the on Benton Street is not just lar. He said there are two schools right
near the street art there is an enormous amount 'and bike traffic, especially
children going from schools and activities. Gruca this is not a location where more
traffic should added. He said this is a big safety issu, because there is not only a big
increase in on Benton Street, but also a big increase in speeds people are driving.
Gruca said is another big issue with regard to this applic )n. He said Westgate, during
the school is basically a horizontal two-lane parking ramp, ;cause there is simply not
enough p~ for the buildings there. Gruca said the people who to the other church, The
Kingdom/, ,,:,,, of the Jehovah's Witnesses, are currently parking on Iron, because they have
nowhere/else to park. He said there will be nowhere for the people ,~}g in this area to park,
becau~¢~ there is no leftover on-street parking.
Gruc~ said he received a letter notifying him of this hearing on July 14'xand many of his
nei~;~bors could not arrange their schedules on short notice to attend the meetting. He said he
co,acted neighbors asking them to oppose this development. Gruca said that o~the ten people
h~contacted, all but one signed the form opposing this. He added that residents~on Westgate
~ircle are closer to this property than he is, but they did not receive notification. He said
/everyone he has spoken to with only one exception is opposed to this rezoning.
Planning & Zoning Commission Minutes
July 17, 1997
le 13
Hole noted that because this is a rezoning, there will be another public heari~ subsequent
to this ~. Starr said the intent is to defer this issue to the August 7 meeting, an there will also
be a informal meeting on August 4. He added that any property owner 200 feet of
the rezoning should have been notified. Yapp said he had the lisl letters were
sent to two ~ers on the east side of Westgate Circle and added that sign was posted
regarding this ning.
Mick Walker, 1840 :hlin, said there is an elementary school within 50(
said there are a ~nt number of kids walking on Benton Street
and that adding more coming out of driveways will make this a
he-would be against the rezoning.
of this location. He
times of the day
erous situation. He said
Paul Hoherz, 724 Wheaton
later developed into the four-
Street has two drains at the
concerned that if there is a
Street, which already cannot ban(
to know if there are any plans for
the four-plexes were built, a cistern
was very concerned about where exce~
said he was concerned wh the church sold the property
to the north of this said that currently Westgate
but the street is rioode a heavy rain. He said he is
more cement in area, water will flow to Westgate
he amount of water storms. Hoherz said he would like
water drainage this development. He said that when
system slowl' water into the creek. He said he
water wou
Richard Rhodes, 2014 Rochester Avenue
only two choices when biking to the west
which have ever-increasing amounts of traffi
the north of Benton Street blocks alte~
suggested that if the rezoning were appr
right-of-way, perhaps across the
apartment complex to at least connE
street. He said the area was
bicycle traffic.
because of the ill-designed area there are
Iowa City: Melrose Avenue and Benton Street,
on them. He showed on the map that the area to
low-traffic routes for bicycle traffic. Rhodes
~ere be some provision for maintaining a public
that could be extended through the
an area )ikes could travel through off of the arterial
ned for alternate routes for pedestrian and
Public discussion closed.
MOTION: Gibson moved
August 7, 1997, REZ97.
Street from Low Den
Residential (RM-44).
defer to the Planning
a request to rezone
Multi-Family
seconded the
Zoning Commission meeting of
acres located at 1850 W. Benton
12) to High Density Multi-Family
carried on a vote of 6-0.
DEVELOPMENT
SUB97-0013. discussion of an application submitted b Jesse & Elizabeth Irwin for
preliminary approval of Irwin Subdivision (replat of a portion Lot 24 of Mt. Schrader), a
3.92 acre, ot residential subdivision located on Washington Stre~ east of First Avenue. (45-
day '~ period expires August 10, 1997)
Miklo the property on a map. He said the Irwins currently house on one lot and
are posing four additional lots, with individual accesses to Washin( Street. Miklo said the
~ is in compliance with zoning ordinances and that the lots are 33,000 square feet
in ,_. He added that the applicant's engineer has indicated they have sen not to build a
-s/~et in this area, which would have allowed them to build at a higher density.
Planning & Zoning Commission Minutes
July 17, 1997
Page 14
klo said the Neighborhood Open Space Ordinance would require approx
of open space in a development this size. Given its location near Ple~
srr amount of open space required, Miklo said the Parks and
mending that fees be paid in lieu of open space. He said the
d value of the property and would be the equivalent of the
square of property.
3,700 square
;ant Hill Park and the
Director is
will be based on the
to purchase 3,700
In terms ~rm water management, Miklo said the applic~ engineer has submitted
calculations Public Works Department that indicate that existing storm water facility
draining into a ,ek to the east will handle storm water this development. He said
the Public )epartment has reviewed the plans and general agreement with them,
although they nee( work out more detail in the calcu Because this is such a low-
density development, do said Public Works agrees additional storm water detention
basin area would not b. necessary here.
Miklo said additional ri
and the legal papers do
-way is required for con.,
in provisions to provide
of sidewalks on Washington Street
those sidewalks.
Miklo said there were a few or deficiencies
He said a revised plat has that
being asked to approve both the ~liminary an
recommends approval of these
documents prior to City Council
this plan was reviewed on Monday night.
order for approval, and the Commission is
final plat at the same time. Miklo said staff
approval of the legal papers and construction
the final plat.
Jess Irwin, 10 S, First
wrong in two different
a different abstract and
east, He asked why
engineer had informed
Ehrhardt asked why the Commission
same time. Miklo responded that'the a
use it when it is a complicated plat bec;
for a plan that could be changed or
B b ' /
ov jerg said that with these largey~eep lots,
street were constructed there sinc_.~e flag lots are
could be split any further. Mikl~ said the lots
ordinance requires 60 feet of loaf frontage in an
said he and his
regarding this ap
different piece of pr;3perty
residence would be part of
that this was all one lot.
g both the preliminary and final plats at the
always have that option, but generally do not
the expense of having to prepare final documents
only way these lots could be split would be if a
allowed. Bovbjerg asked if this development
Id not be split further because the zoning
and these lots are only 103 feet wide.
this property. He said the City was
Irwin said the house on Lot 1 was on
the four lots to be developed to the
application. Miklo said that Irwin's
Irwin said the storm at the northeast corner of the prope~ is actually on his property, but
the Iowa City sure) claims it is not. He said it will not affect th~ value of the property, but h_e,
wanted to make t/H! City aware of it. Miklo said he thought the ~tasement was on the Irwins
property and the}~cl al storm sewer outlet was on the adjacent prol:~rty. Irwin said he gave that
easement un~,~/~!ecti°n' but wanted t° make things clear f°r the neJ~wner of that lot.
Irwin asked a~fout the $1,086 tap-on fee. Miklo said it is a fee that is reqbi, red for all subdivisions
for water lin,e's and is consistent throughout the City. Holecek said the feb is $354 per acre for
water m~ 'Txtensions to service the property. __ ~,
Irwin sai this property has been within the City limits for 35 years and woh~dered about the
! requirement. He asked if the requirement for sidewalks was routine.'7~Miklo said all
res~l lots are required to have sidewalks. Irwin asked if that could be delayed.;.. he said he
Planning & Zoning Commission Minutes
July 17, 1997
Page 15
dn't want to tear the land up before the lots are sold. Miklo said the City
to get a proper grade, the grading should be done prior to the issuan~
on of the lots. He added that the grading did not need to be done
sold.
~neers feel that in
of a building permit
;fore the first lot was
Irwin
and that
lots are so lar
providing a
,out the open space requirement. He said the area an open space for years
e in the area often thought it was a neighborhood
he did not see a need for more green space.
~orhood park, which would be for public use
had enough concerns about the appli
Irwin said he did not - that he wa.,
Starr asked Irwin if
a vote on it at this
the market.
Irwin said that since the
said the fee is based on
.pposed to private use.
that he would rather not have
in getting the property on
Miklo added that, if the arty where the Irwins' resi
record, the subdivision need to be revised b~
from the subdivision. He Ihe Commission c(
and added that it would resull a slightly Iowe
fee.
is located were a separate parcel of
)re City Council consideration to remove it
still take action on the application tonight
land fee and a slightly lower water tap-on
Public discussion:
There was none.
Public discussion closed.
MOTION: Supple moved to rec( )royal of SUB97-0013, preliminary and final plat
approval of Irwin Subdivisio a resu sion of a portion of Lot 24 of Mt. Schrader
subdivision, a 3.07 four-lot sub( /ision located on Washington Street, east of
First Avenue, subject to )royal of legal )ers and construction documents prior to
City Council considerati, of the final plat. seconded the motion. The motion
carried on a vote of 6-0.
COUNTY ZONING
CU9705. Public
Donald K. Wood
property located
of an application submitted Johnson County by Henrietta M. &
a conditional use permit to allow a course expansion for 50 acres of
.~ar the intersection of Taft Avenue and He~ ;rt Hoover Highway.
Yapp showed 50 acres under consideration for a ~se permit for a golf course on
a map. He s. the expansion would provide nine new holes, the golf course a total of 18
holes. Ya golf courses are permitted in the A1, A2, A3, and zones in Johnson County,
and the under consideration is zoned RS. He said the prop ed golf course would be
by agricultural uses and Interstate 80 to the north, a ral uses to the west and
south, d the existing High Point Golf Course to the east.
Yap this area is within the 20-30 year growth area for Iowa City 'ill probably develop
resi( in the long-range future. He said the applicant has worked with e Johnson County
Sol Water Conservation Service on grading plans and plans for )n-site to collect
9r runoff and silt and sediment before it runs off the property. Yapp said ,ves runoff
c~ are being addressed through the applicant's working with the '~servation
Service and the Johnson County Health Department.
Planning & Zoning Commission Minutes
July 17, 1997
age 16
noted
the
laid the applicant has not yet completed a final layout for golf holes and fairways but has
the design of the course will take into account the need to keep golf balls on site to
,ossible. He said there are many examples in which residential developments co-exist
with the use of trees and nets.
County Zoning Ordinance states that all
Board of Supervisors shall enter into an
the construction and/or maintenance of th,
rse would attract much more traffic th.
~uld require a greater amount of mai
with golf
Yapp said the
be paved or that
financial particil
is because the golf
typically experience and
to a golf course shall
with the developer for
,ublic roadway. He said this
a crushed rock road would
and dust control.
Yapp said staff
County Board of Su' lmending that the
course on 50 acres of land e intersection of Taft
approved, and, consistent with Johnson County
Taft Avenue north of Herbert Highway be
agreement be reached between the and
section of Taft Avenue.
that the Iowa City City CoL forward a letter to the Johnson
use permit to allow a golf
and Herbert Hoover Highway be
ning Ordinance, staff recommends that
by the applicant or that a satisfactory
regarding the maintenance of this
Yapp added that Scott Wood owns the
of land south of the existing golf course.
Ehrhardt asked if the applicant would be ob to follow the recommendations of the Soil and
Water Conservation Commission. Yapp ley are not obligated by ordinance, but the
applicant would probably not be able irrigation permit from the Board of Health
unless he can obtain a from Soil Conservation Service that the plan be
approved; a recommendation the a~)p has ob ned.
Public discussion:
There was none.
Public discussion closed°
MOTION: Bovbjerg move~
to the Johnson
permit to allow a golf
Avenue and Herbert
Hoover Highway be
between the
Avenue. Shive sec~
recommend that the Iowa
of Supervisors recommendi~
expansion for 50 acres of land
Highway be approved and that
by the applicant or that a
the applicant regarding the
the motion.
Council forward a letter
that the conditional use
tr the intersection of Taft
north of Herbert
lgreement be reached
this section of Taft
Bovbjerg said it
Service and the
using intriguing
JId be interesting to see the results of what the Soil
do with the plan, especially since golf courses
to avoid watering a huge expanse of land.
Conservation
"going natural,"
The motion
on a vote of 6-0.
CZ9726.
side of
Road,
discussion of an application submitted to Johnson County ,,James R.
)hen T. Bender and Thomas J. Bender to rezone 46.86 acres located oY~the west
du Chien Road NE, approximately ~ mile north of its intersection with'~lewport
,m Suburban Residential (RS-3) to Suburban Residential (RS). ~,
Planning & Zoning Commission Minutes
~July 17, 1997 '
'l~e 17
Kugl'e,[ said this is a request to rezone the eastern part of this property to RS, consistent with the
westernportions. He said the Fringe Area Agreement allows rezonings to RS, provided that 50%
of the ph~erty is set aside as open space and the concept plan was submitted meeting this
requiremeht~ugler said staff is therefore recommending approval. .
Bovbjerg aske~k[f this was one of the first county properties to use this clustering method. Kugler
said there were two others that the Commission has reviewed since the Fringe Area Agree, ment
was adopted, but t~s would be the first large one. He said there were others in outlying ~ounty
areas. Starr said thi~x,should serve as an additional reinforcement for the realignment ),f'Prairie
du Chien Road. He sa'i~there is a need for work at the corner of Prairie du Chien and/Highway
1. Bovbjerg asked if abate could be added to that effect. Kugler said it could be r'c( rporated
into the letter from the Cit~,with the recommendation that the roadway be address~ in the near
future to accommodate dev~ opment in this area.
Public discussion:
There was none.
Public discussion closed°
MOTION: Shive moved to
the Johnson County Board of Supe
rezone 46.86 acres located on the
1/~ mile north of its intersection with
Suburban Residential (RS),_be.
carried on a vote of 6-0.
CODE AMENDMENT ITEM.:.
Public discussion of an amendment to Title
Definitions," to change the definition of GRAI
Miklo said staff recommended this item deferred to
Public discussion:
There was none.
Public discussion closed.
MOTION: Gibson
August 7, 1997, an ar
Definitions," to cha~
CON~
MOTION:
Planning
carried o
BUSINESS:
There was none.
that the Iowa City C
,isors re
of Prairie
Road
Gibson
Council forward a letter to
g that CZ9726, a request to
Chien Road NE, approximately
m Suburban Residential (RS3) to
the motion. The motion
6, entitled "Zoning", Article B, "Zoning
August 7, 1997 meeting.
to defer to the Planning and
:to Title 14, Chapter 6, entitled
e the' definition of GRADE. The motion ca
OF THE JULY 3, 1997 PLANNING AND ZONING
Commission meeting of
ming", Article B, "Zoning
:d on a vote of 6-0.
IMISSION MINUTES:
lerg moved to approve the minutes of the July 3,
Zoning Commission, as amended. Supple seconded the rr
vote of 5-0, with Gibson abstaining! due to absence.
meeting of the
tion. The motion
Jul~ 1997
Page
g Commission Minutes
ZONING COMMISSION INFORMATION:
Shive said
Council had an
The meeting was
not attend the formal meeting on August 14, 1997.
discussion on signs at its last meeting.
)urned at 9:55 p.m.
added that the City
Lea Supple, Secretary
Minutes submitted by Anne
pPadm/miru~&z0717.doe
SENT BY:UItIC ; 7- 8-~7 ; l:20PM ;U!tlC ADblN COPYCR ,ICP- 01938Ca5009;# 2/ 9.
Minutes, June 26,1997
Meelillf~ C~ the Coralviile~[owa Ci~ Animal Conlzol Advisory Board
Board members present: Shawn Lockhart, Diana Luridell, Julie ,Seal
Absent: Jan Ashman, Marty Sharer
Staff present: Chris Whitmore for Misha Goodm~
I. We did not have the April 3 minutes, so they will be. considered at the next meeting.
2. Chris reported that the final consideration of the permit ordinance by the Iowa City
City Council will be July 15. Shawn reported on his observations from the public
h~afings and then~ was §eneral discussion of the ordinance.
3. Chris updated us on progress being made in the remodeling of the old section of the
shelter. Because the renovation limits the space available for animals, there has been
cmaeem about the numbers of auimals being brought in, but Chris says so fax
adoptions have kept up with intakes.
4. The Adopt-a-thon was a big success, Chris said, with 80 percent of the dogs and 50
percent of the cats being adopted. The future of it is.uncertain, however, because
the main national Slaon,so~IAMS and the Northshore Animal Leal~ue. We also
discussed changes that might be made, if the event is undertaken again, such as
limiting the time to Friday and Saturday only, and offer more substantial food
(popcorn, hot dogs).
5. In the supervisor's report, Chris reporled that Linda Bartthatt has moved on to
become a Cmmnunity Service Officer; former kennel assistant I(eily Taylor will
become the new o£ficer; and Amanda Cardenas is the rmw kennel assistant..~hawn
was introduced as a new member of the advisory boal~i. His interest in the board
was piqued by his service on the ad hoe comfittee that worked on the permit
ordinance. Statistics will be reviewed following the end of the fiscal year.
6. There were no board member reports.
7. There were no citizen comments.
MINUTES
IOWA CITY AIRPORT COMMISSION
THURSDAY JUNE 12, 1997 - 5:45 P.M.
IOWA CITY TRANSIT FACILITY
MEMBERS PRESENT:
Howard Horan, Richard Blum, John Penick
Pat Foster
MEMBERS ABSENT:
Rick Mascari
STAFF PRESENT:
Eleanor Dilkes, Ron O'Neil
CALL TO ORDER:
Chairperson Foster called the meeting to order at 5:'45 p.m.
quorum was present.
APPROVAL OF MINUTES:
The minutes of the May 8, 1997, meeting were approved as submitted.
AUTHORIZATION OF EXPENDITURES:
Penick made a motion to approve the bills.
motion.' The motion was approved 3 - 0.
Blum seconded the
PUBLIC DISCUSSION - ITEMS NOT ON AGENDA:
John'G6ree asked the 'Commission about their policy of noise and
safety as'it affects the neighborhoods. He thinks airplanes are
flying too low over his house. Horan said there are specific FAA
regulations that dictate safety and noise requirements. Penick
said the Commission is in the process of purchasing land and
easements that will enhance the safety of the Airport and meet
current FAA safety regulations.
Blum said that the Commission can not regulate and control aircraft
in flight. That is the jurisdiction of the FAA. The Commission
has established noise abatement procedures that are usually
followed by pilots.
Goree said he doesn't think anyone is policing the-aircraft. Blum
said the FAA is very good about responding to complaints. He said
a complaint can be made directly to the FAA and the Commission
would assist ~y providing the information on which FAA office to
contact. The aircraft registration number must be identified to
assist in investigating the complaint.
Goree said from a historical standpoint, he thought the Airport had
been located to close to the City and residential areas. Horan
asked him how long he had lived in the area. He said his house was
about three years old and he had live in that neighborhood about
that amount of time. Horan explained that the Airport had been in
the same location for about 80 years. A problem with the Airport's
location is that the City is expanding around it. The current land
acquisition project is designed to protect the safety areas of the
Airport. ~..
Penick offered to give Goree an airplane ride over his house to
show him what the proper altitude would be. Blum said a noise
study was conducted several years ago and it showed that the City
buses are louder than most aircraft° He said this could be put on
the agenda for further discussion. Goree said he will contact the
Commission if he wants further discussion.
ITEMS FOR DISCUSSION/ACTION:
a. ACSG project - Greg Bridget, from ACSG, distributed a project
Procedures Manual and a Land Acquisition and Resident Relocation
Plano They included a project schedule and procedures for the
relocation project. Bridger said this should complete the
deliverables for the first phase.
Dilkes said she is working on the details of the contract for the
second phase. She is waiting for information from the FAA to
complete the details. A meeting was scheduled for June 18 at
12:00 noon to vote on the contract.
b. North commercial area - O'Neil said he has drafted a RFP for
the area. It was reviewed by the Karin Franklin from the Planning
Department. O'Neil said Franklin made several suggestions and he
incorporated them into the RFP.
Blum drafted a letter to send to developers who may be interested
in the project. He will review the letter with Dilkes. He said he
had new concerns, in light of the memo from the City Manager to the
Airport Manager. Blum suggested meeting with the City Manager and
Public Works as soon as possible. O'Neil will put this on the
agenda for the meeting on June 18 and invite Atkins and Schmadeke
to provide information.
o. Airport Aircraft Emergency Plan - Blum said the subcommittee
would like to defer this until the next meeting. O'Neil said he
will be providing the Fire Department with information about the
Airport on June 17, 18 and 19. The Plan will be discussed.
d. Southeast T-hangar building - O'Neil said he has received a
written response from 11 potential tenants for the ten unit
building. If the Commission wanted to go forward with the project,
he would schedule time with the Council.
Blum made a motion to request funding from the Council to build the
southeast T-hangar building. Penick seconded the motion and at
roll call vote, the motion passed 4 - 0, with Mascari being absent.
Jones, from ICFS, said some improvements need to be made in the
north hangar buildings. This could include venting the hangars and
paving the floors°
O'Neil suggested the buildings could be examined when the
structural inventory was done for the shop and the Airport
Terminal° O'Neil will discuss this with the engineer studying the
other buildings.
e. Iowa City School Distriot lease - O'Neil said this is a least
that is reviewed and approved annually° He said the only issue
that is different from last year is that the area leased is in the
area to be developed commercially. The Commission has a 60 day
termination clause. O'Neil said he would send a cover letter with
the lease, reminding the school district that the lease has a
termination clause and that the Commission is considering the
development of that area.
Penick made a motion for a resolution to enter into a one year
lease with the Iowa City Community School District° Horan seconded
the motion and at roll call vote, it passed 3 - 0, with Blum and
Mascari being absent.
CHAIRPERSON'S REPORT:
No addition report was given.
COMMISSION MEMBERS' .REPORTS:
Penick wanted know if AMI had vacated any space when they left.
O'Neil said they had sublet office space from Gordon Aircraft and
Gordon was now utilizing-'all the space.
Horan 'said he attended the Waterloo Airport's air show last
weekend. He said they had a good crowd°
ADMINISTRATIVE REPORT:
O'Neil is getting estimates on the
relocating the threshold for Runway 17.
construction costs for
DTN has an aviation package for their weather equipment.
didn't think it would be worth the addition money°
O'Neil
O'Neil said he had a copy of an economic impact study for all the
public airports in Illinois° He will see if the Iowa DOT would be
interested in doing a similar project for Iowa.
SET ~EXT ~EET~N~:
The next regular meeting is scheduled for July 17, 1997, at
5:45 p.mo
ADJOURNMENT:
The meeting adjourned at 6:51 p.mo
Pat Foster, Chairperson
M~UTES
SENIOR CENTER ~ MEETING
WEDNESDAY, JUNE 18, 1997
SENIOR CENTER ASSEMBLY ROOM
Mary Kathryn Wallace, Philip Zell, Wilma
Conner, Bebe Ballantyne, Joanne Hora,
Ken Mobily, Bob Kemp, and Terri Miller
Alan Monsanto
Steve Roberts
CALL TO ORDEI~
Wallace called the rnee6ng to order at 3:05 p.m.
IV~N~:
Motion: To approve minutes as distributed. The motion cawled on e vote of
8-0. Moblly/Ballantyne
HVAC RENOVATION PROJECT.- MICHAEL DRAHOS
Michael Drehos, with Howard R. Green Company, presented to the 'Commission the
progress his company has made detailing problems and solutions for the current heating
and cooling system. A 'discussion session followed.
SENIOR ~ UPDA'rE:
Operations - Kopping
There has been limited progress on the microphone system for the assembly room. A
meeting with Senior Dining is needed in order to finalize the project.
A writers group meeting is set for June 25, 1997
The illness room floor project is progressing. Mike Moran has gathered all the
specifications and will go to an upcoming City Council meeting to seek approval for
obtaining bids.
The Landscaping project has been approved by the City and should be underway in the
next few weeks. The hidng of a part-time temporary worker has also been approved.
A back-up battery for the elevator has been ordered. In the event of a power outage the
battery back-up will lower the elevator to the nearest floor and allow passengem to exit.
SENIOR CENTER O3VMSS;<:~ MEETING
VVEDN~Y, JUNE 18, 1997
SENIGR CENTER ASSEMBLY R~
A plan to renovate the existing locks and building security system is be~ examined.
Tentatively scheduled is the installation of an upgraded swipe card entry system for the
Washington Str"~,,~ North Ramp, and Loading Dock doors. Touch pads are planned for
rooms 202 and GO8/G09. ~ stairwell and staff office doors will be rekeyed.
The r~ults of the survey have been given some negative press coverageby the Press
C'rdzen. An effort is being made to pmrrmte and encourage po 'sdive press coverage.
distributed.
Events occurring in July were mviewad.
An Ul~ate in volunteer programs and opportunities was given.
COUNCIL OF ELDERS o Rogusky
All of ti~e Council of Elders vacancies have been filled.
There will not be a Courtall of *~ ~ in July" '
A brief statement was made to the Council concerning the survey results.
Board of S~,lpervisor~ - Kemp
No report available
The Sl:~..ial Event Sub-committee will meet to plan the annual volunteer recognition event.
This year the event will take place in conjunction with the sixteenth birthday of the Senior
Center.
Wilma ,Conner will chair the July Commission Meeting.
The Executive Committee will prepare the Cornmission's annual report.
Motion: To adjourn. Motion was carried on a vote of 8-0. Zell/Kemp.
The meeting was adjourned at 5:00.
RIVERFRONT AND NATURAL AREAS COMMISSION
JUNE 18, 1997 - 5:30 P.M.
LOBBY CONFERENCE ROOM - CIVIC CENTER
MEMBERS PRESENT:
Cotthey Daniels, Catherine Pugh, Richard Hoppin, Tom Riley,
Gretchen Grimm, Joe Kral, Jim Pugh, David Thayer, Larry
Wilson.
MEMBERS ABSENT:
Ken Fearing, Lori Goetsch,
STAFF PRESENT:
Jeff Davidson, John Yapp, Traci Howard
CALL TO ORDER:
Chairperson Daniels called the meeting to order at 5:37 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
J. Pugh mentioned the Iowa Citv Press-Citizen article about sprawl and the Iowa City
outskirts;.Thayer asked if there was an update on Margaret McDonald and her problems
with the City running a sewer through what is claimed to be a wetland. Yapp and Davidson
said they had not heard an update.
(Grimm arrived at 5:43 p.m.)
CONSIDERATION OF THE MAY 21, 1997 MEETING MINUTES:
J. Pugh suggested changing the word "spot" in the second sentence of page 2 to
"appointment," changing the last sentence of the third paragraph to read, "Daniels said
there was no," correcting the spelling of Brad Baumgartner's last name and adding Alan
Kinsey to the thank you list; on page 3, last line of the first paragraph changing the
wording to "...was previously opposed to it..."; and on page 4 changing "descendants" to
"land donors". Wilson suggested changing the word "gaged" to "gated" on page 3 in the
sixth line of paragraph c.
J. Pugh moved to accept the minutes as amended. Wilson seconded the motion. The
motion to approve the minutes from the May 21,1997, meeting as amended was carried
unanimously by a vote of 9-0.
COMMITTEE DISCUSSION:
a. Presentation on Iowa City Comprehensive Plano
Davidson passed out draft copies of the plan to Commission members. He said it is a
significant document because it provides guidance for the City, and this version is new, as
opposed to the various revised versions since the last new plan in 1978. He noted that the
1978 plan was done by City staff without much community input, and this plan had more
of a grassroots beginning with help from the Iowa City Beyond 2000 group to get more
community representation. Davidson said 10 subcommittees created the "Iowa City
vision." He said the comprehensive plan is important because it is the basis of the City
zoning ordinance, and outlines the City's growth policy and boundaries as the 2020 City
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June 18, 1997
Page 2
limits. He said that staff has tried to emphasize neighborhoods as being the foundation of
the city with this plan. He said the boundaries are based on what the City can sewer by
gravity flow. Davidson said the plan has attempted to address Iowa City's diversity, and
he and staff would like the Commission's comments concerning their efforts. He noted
that the basis for the Sensitive Areas Ordinance comes from the comprehensive plan.
Davidson said staff has prepared a 10-minute slide show if the Commission is interested in
seeing it in the future.
Davidson said that the plan will be taken to the Planning and Zoning Commission and the
City Council for adoption later this summer or fall. J. Pugh mentioned the Press-Citizen
article again, concerning the growth of the City. He asked Davidson what "traffic calming"
was. Davidson said that "traffic calming" is a program that the City Council adopted,
using various elements to slow traffic speed down through residential neighborhoods. He
said that a program called "Check Your Speed" is being implemented, and there are seven
speed humps designed to reduce speed along Teg Drive in west Iowa City. J. Pugh noted
that the .traffic lights in Iowa City should be timed.
Wilson said he thought there were three issues that directly related to the Commission;
environmental protection, flood plains and the environmentally sensitive areas. Daniels
suggested forming a subcommittee to review the comprehensive plan and highlight issues
that adequately support the Commission's mission. J. Pugh, Grimm, Thayer and Daniels
volunteered for the subcommittee.
Wilson asked if the subcommittee meeting would be considered a public meeting, and if
there were guidelines available so subcommittee members did not violate the open
meetings law. Davidson said he would have Neumann check with the City Attorney to see
if there were guidelines° Wilson noted that the City comprehensive plan is very similar to
the University Campus Planning Framework. Davidson said that the last two-thirds of the
plan focuses on the different subareas of the City.
b. Update on federal ISTEA program.
Davidson passed out a handout outlining the federal administration proposal for the next
federal transportation law. He said Commission members should be aware of the situation
because it could impact trail development in Iowa City. As of Sept.. 30, 1997, the federal
Transportation law known as ISTEA will end, and Congress is currently trying to develop a
new one. One benefit of the program was the Transportation Enhancement Program that
provided federal funding for transportation uses other than streets. He said that is where
most of the funding for trail development in Iowa City and in the surrounding areas has
come from. According to the proposed law, 10 percent is still set aside for the
Transportation Enhancement Program and some added funding is provided, but Iowa City
Transit funding could suffer significantly. Davidson said there will be more information on
the issue in the next six to eight months. He also noted Iowa City's mayor sent supporting
correspondence to Congress concerning the Transportation Enhancement Program.
J. Pugh asked why eliminating the Timber Bridge Program setaside was proposed.
Davidson said that Johnson County received a grant to build timber bridges on low volume
secondary roads instead of building expensive steel bridges. Thayer asked why losing the
County Engineer would cause the grant loss. Davidson said that the former County
Engineer had a certain level of expertise in the area of timber bridges that led him to
Riverfront and Natural Areas Commission
June 18, 1997
Page 3
pursue the discretionary grant. Apparently the new County Engineer does not have that
same level of expertise to implement the program, so the funds might be lost. Grimm
asked why the former engineer could not relay his expertise to the new engineer so the
County could keep the grant. Wilson asked if someone else with the same expertise level
could be hired by the County to keep the grant. Davidson said that those questions should
be directed to the County Board of Supervisors. Riley asked how large the grant was.
Davidson guessed it was several hundred thousand dollars.
Davidson said that the transit program has benefited from Senator Tom Harkin being on a
committee that makes recommendations on discretionary spending. Davidson said that
since buses are so expensive, the City would have to locally budget for them or increase
the life cycle for each bus from 12 years to 15 or 16 years, and it could potentially impact
transit service.
Riley noted that county bridges are a problem, and asked if there are other funding
methods. Davidson said there is a federal program called the Bridge Replacement and
Rehabilitation Program that funds up to $850,000 for major bridge reconstruction
projects. He said that there is also an off-system program for low volume residential
bridges, but it takes longer to get the money because those are considered a lower
priority. Riley said it does not make much sense to have lots of bicycle paths, but no
bridges.
Davidson said that if the Commission had any questions or concerns about these issues,
they should talk with the County Board of Supervisors. J. Pugh asked if it would to any
good to talk to Senator Harkin about the timber bridge issue. Davidson said if the
Commission was in favor of the 'program, staff could compose a letter of support, have
Daniels sign it and send it to our Congressional representatives. ' --
J. Pugh said that the County infrastructure is important, and he suggested each
Commission member individually contact the County Supervisors and discuss the timber
bridge issue. Thayer agreed, saying that while it may not be appropriate for the
Commission to contact the Supervisors, it would be appropriate for each individual to
personally contact them. Daniel asked Davidson if a copy of the letter for her signature
could be drafted for the next Commission meeting. Davidson said yes,_
c. South Sycamore Development Drainage Design°
Yapp presented maps showing the entire south area, and the regional storm water
detention area. The south area is a very flat area with a high water table, and it is difficult
to have on-site storm water detention. Yapp said the City plans to construct a regional
storm water detention system that will empty out into the Snyder Creek Bottoms
Wetlands. Yapp said the 200-foot wide corridor will be terraced and be planted with
wetland plants. Yapp said much of the matter in the water would be absorbed by the time
the water reached the Creek Bottoms. The advantage for the City is that the water would
be treated as it flows to the Snyder Creek Bottoms, and the advantage for the developers
is that they would not have to provide on-site storm water detention. He said the
advantage for the neighborhoods would be to have the natural corridor trail through the
area with a trail system. Yapp said the plan design is still in the preliminary stage, but the
City would be encouraging a wildlife environment along the corridor. He said that not all
the property owners are agreeable to the project at this time because they are still farming
Riverfront and Natural Areas Commission
June 18, 1997
Page 4
J. Pugh asked how long it would take to develop the area. Yapp said once the project is
started, it will take one summer. Wilson asked at what point the detention pockets get
overpowered. Yapp said he believes the detention pockets would get over powered with a
25 year storm, but a 100-year storm would be contained in the corridor. Yapp showed the
trail, which would be on top of a berm. He said for low water levels there is a drainage
tube in each berm that would take the water through a slow release to the next pocket,
but there would always be a standing level of water to support the minnows and the
wetland vegetation.
Riley asked where the trail would go. Yapp said it would go from Lakeside Drive to the
Snyder Creek Bottoms running in a north/south direction. Wilson asked how this project
would lower the water table to make the land more developable. Yapp said it would lower
the table somewhat with the standard storm sewers found in subdivisions. Riley asked
what the trail access would be from Lakeside Drive. Davidson said there will eventually be
a sidewalk/trail along Highway 6 from Scott Boulevard to Gilbert Street.
Yapp said if this regional storm water detention concept works, the City may look into
creating similar areas in other parts of the city to increase efficiency. Wilson noted that
the size of this area makes it easier to develop something that is esthetically pleasing. He
asked why the storm water detention area by Cub Foods was designed the way it is.
Yapp said that the area in general, south of Highway 6, is a very wet area.
Discuss extension of First Avenue to North Dodge Street and the impact on Hickory
Hill Park,
Davidson showed an illustration of the extension. He said there will be a new arterial
street between North Dodge St. and Scott Boulevard constructed next year. He said that
ACT has indicated they will extend their driveway down to create a four-way, signalized
intersection, and close their current access point which will improve the safety in that
area. He said that while the new road will likely impact Hickory Hill Park with new
development and seeing the road, but it will not go through the Hickory Hill Park.
Davidson listed the property owners and their development intentions. He said that the
road may be named Captain Irish Parkway. There was general discussion of the arterial
street plan.
Davidson said that it has been decided that Iowa City will not have a beltway because it is
inconsistent with the community's character. He said there will be a system of arterial
streets that will allow better traffic circulation. Riley asked how wide a sidewalk would be.
Davidson said that there will be sidewalks on both sides of the road; one will be eight feet
wide and one will be four feet wide. Wilson asked if the eight foot/four foot design was
acceptable for a mix of bicycle and pedestrian traffic. Davidson said the intent of that
standard is that some bicyclists will be comfortable riding on streets, but there will be
others that would prefer to ride on the sidewalks, so the eight feet allows for a
comfortable two-way mix of pedestrian and bicycle traffic.
Riverfront and Natural Areas Commission
June 18, 1997
Page 5
eo Iowa City Parks and Recreation annual parks tour.
Daniels said Commission members received information about the tour in their agenda
packets, and advised members to attend if they could. Wilson suggested formally inviting
the park and recreation staff to a tour of the bicycle trails and facilities.
f. Sewer project near Wolf Development.
Davidson said the Willow Creek interceptor sewer project is being delayed because of
archaeological work that needs to be done, and the project will probably not be
implemented until next year. Davidson showed a map of the proposed sewer alignment.
Davidson said there will be a public hearing if anyone has ideas or suggestions. Riley
asked if that area had good potential for a trail system. Davidson said that is a possibility.
OTHER BUSINESS:
a. Monuments
J. Pugh said he contacted Randy Miller about providing a monument for Ryerson's Woods.
He said Miller went to look at the post size to determine the sign size, and said Miller
would attach the sign to the post. J. Pugh said he would keep the Commission informed.
b. Orientation
Daniels said there was not enough' time to discuss orientation, but she did want to discuss
it at the next Commission meeting. She said that she wanted the Commission to have
more effective meetings, and start planning for the next'year. She said she would get
together with staff, and suggested Commission members bring ideas and information
about potential projects and work for the next year.
ADJOURNMENT:
J. Pugh moved to adjourn the meeting. Grimm seconded the motion. The motion carried
unanimously by a vote of 7-0, and the meeting was adjourned at 7:1 5 p.m.
Minutes submitted by Traci Howard.
ppdadmin\mins\rnac6-18.doc