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HomeMy WebLinkAbout1996-04-09 Bd Comm minutesMINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION TUESDAY, JANUARY 9, 1996 - 5:30 LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Kay Irelan, Betty Kelly, Ruedi Kuenzli, Susan Licht, Michael Pugh, Douglas Russull, Ginalie Swaim MEMBERS ABSENT: None STAFF PRESENT: Kugler, Chamberlain OTHERS PRESENT: David Arbogast, Patricia Eckhardt CALL TO ORDER Chairperson Russell called the meeting to order at 5:39 p.m. PUBLIC DISCUSSION There was none. CONSIDERATION OF PROPOSALS FOR THE PREPARATION OF NATIONAL REGISTER NOMINATIONS FOR THE COLLEGE GREEN AND EAST COLLEGE STREET HISTORIC DISTRICTS Kugler gave the introduction regarding the two proposals under consideration. Kugler stated that on the budget page of the Arbogast and Eckhardt proposal there was an adding error. The total should read $5,318.97. The total cash budget is $5140; $2500 in grant funds and $2640 in matching funds from the City. If costs exceed $5140 then the extra would have to come out of the next year matching funds. Kugler indicated that both proposals meet the requirements of the RFP. Arbogast and Eckhardt and the Commission discussed the usage of an intern to decrease costs and other ways to lessen the overbudgeted amount. Russell stated that the Commission could select Arbogast and Eckhardt with a condition that the amount budgeted, $5140, would be spent and no more, if it was agreeable to the consultants. Arbogast indicated that the condition was acceptable. MOTION: Kelly moved to accept the proposal of Arbogast and Eckhardt, subject to the total of the proposal being amended to not exceed $5140, Kuenzll seconded, The motion carried on a vote of 7-0. HISTORIC LANDMARK ITEMS Russell stated that the National Register Properties that am not within designated historic districts are being considered as local landmarks. Kugler stated that he may have to visit the state office to get copies of many of the National Register nomination forms. A letter was to be sent to property owners to fill out basic information on the properties. Russell stated that Friends of .Historic Preservation have agreed to fund the first batch of historic landmark plaques. Kugler indicated that more complete information should be ready for the February meeting. Historic Preservation Commission January 9, 1996 Page 2 SECTION 106 REVIEW: 326 FAIRCHILD STREET Photographs were distributed that detailed the property. Kugler stated that considering the integrity of other houses in the immediate area, this area is a potential historic district. It was part of the Northside Historic District proposed in the 1980s. Kugler stated that the proposed work included back-plastering the foundation, replacing the brick foundation wall in the back of the house and installing aluminum storm windows. Kugler said that the Commission must first determine whether the house was eligible for the national register. MOTION: Swelm moved to determine that the house at 326 E. Fairchild St. ls eligible for listing on the National Register of Historic Places. Pugh seconded. The motion carried on a vote of 7-0. The Commission addressed the changes being made to the house. Licht recommended that the foundation not be back-plastered, and that the rear foundation wall should have brick veneer above grade, and the bricks and mortar should match in color and texture to the existing. MOTION: Llcht moved to determine that the proposed work on the house at 326 E. Falrchlld St. meets the Secretary of the Intedor's Standards, subject to 1) the foundation being tuckpointed with soft mortar matchlng the existing rather than back-plastering; 2) the storm door and windows having a dark finish; and 3) the exposed portion of the new foundation wall at the rear of the house be covered with a brick veneer matching the existing. Swalm seconded. The motion carded on a vote of 7-0. UPDATE ON GRANT PROJECTS Longfellow - Kugler noted that there was a neighborhood meeting on January 21 to present the survey results to the community. The Commission discussed the draft that Molly Myers Naumann had prepared and suggested making various changes to it. (Irelan left the meeting at 6:56 p.m.) CONSIDER MINUTES FROM THE NOVEMBER 14, AND DECEMBER 12, 1995, MEETINGS MOTION: Swatm moved to approve the November 14, minutes, as amended, Irelan second- ed. The motion carried on a vote of 7-0. MOTION: Kelly moved to approve the December 12, minutes, as amended, Pugh seconded. The motion carried on a vote of 7-0. ADJOURNMENT The meeting was adjourned at 7:10 pm. MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION TUESDAY, FEBRUARY 13, 1996 - 5:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Kay Irelan, Betty Kelly, Doris Malkmus, Mike Pugh, Doug Russell, Ginalie Swaim MEMBERS ABSENT: Ruedi Kuenzli, Sue Licht STAFF PRESENT: Scott Kugler, Jeff Haring OTHERS PRESENT: John Shaw, Brian Schultes CALL TO ORDER: Chairperson Russell called the meeting to order at 5:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: New Commission member, Doris Malkmus, was introduced. Malkmus will serve as the Moffitt Cottage historic district representative to the Commission. Malkmus'term willexpire March 1999. COMMISSION INFORMATION/DISCUSSION: 1. Update on Butler Residence. Russell noted that up to this point, a Commission field trip to the site has been completed. Public Works has hired Sue Licht and John Shaw to prepare a plan to mothball the building for future use. Shaw noted that a structural engineer has completed an assessment of the site. Shaw noted receipt of a report titled, Intensive Level/Architectural and Historical Survey of the Montgomery-Butler House, submitted by Jan Nash, and an archeological evaluation has also been received from Marlin Engalls, of the State Archeologists Office, all of which will be included in an overall report from Licht snd Shaw. Shaw displayed elevation and interior layout drawings from which contract documents are to be drawn. Shaw feels things are progressing well and they should have e package to present to the City before long. The proposal could go out to bid shortly thereafter if the City decided to do so. For security reasons, Shaw suggested that a noise sensitive mobile telephone be installed at the site. Should there be excessive noise, the phone would automatically dial a pre-set number to notify the authorities. Shaw said he would like to know the City's response to this suggestion. Shaw also noted that there is a mulberry tree resting on the north portion of the roof which needs to be cut back or removed. Russell said he would like to have things progress rapidly enough that it may be possible to collect some Intermodal Surface Transportation Enhancement Act (ISTEA) funds for the rehabilitation of the property. Kugler reminded the Commission that as the site resides on a portion of the land included in the new water plant project, the structure will at some point undergo a Section 106 review. Kugler said so far, in talking with the Public Works Director, there has been an indication of a desire to preserve the structure. Historic Preservation Commission February 13, 1996 Page 2 UPDATE ON GRANT PROJECTS: Lonefellow Neighborhood Survey. Brian Schultes, Assistant to Molly Myers Naumann, said that Naumann wished to relate to the Commission that she felt there was a good turnout to the recent neighborhood meeting on the subject, Russell seconded this and said 30-40 people, including the Mayor, were in attendance. Schultes thanked Russell, Swaim and Kugler for their comments on the draft. Schultes said final draft of the report depends largely upon only the word-processing. Russell reminded Schultes and the Commission that it is the intent of the Commission to submit an additional grant proposal to include properties farther to the east, up to Seventh Avenue, which is then to be appended to the current survey area, Russell noted that some residents who had attended the neighborhood meeting who live south of Sheridan Avenue had questioned why they were not included in the area proposed for a conservation district. Russell said Naumann had told them she will do some more research and get back to them. Russell said the only criticism he noted from the meeting was that the recommendations were not inclusive enough. Schultes said there is still question as to the Summit Street boundary area. Russell said some more research is to be completed, which will then be forwarded on to the Commission, DubuQue/LinnStreetCorridorSurvev. Schultes said research is progressing. Schultes said most of the photography and site sheets are completed. DISCUSSION OF AWARDS PROGRAM PLANNING: Kelly said most everything is progressing on schedule. The site has been reserved (Johnson County Court House), jurors have been selected (letter still to go out), the date of the event is May 15, 1996, and refreshments are scheduled to begin at 4:45 p.m. The event is listed among the Sesquicentennial events, so this fact can be noted on the event brochures and press release. Russell noted the solicitation of nominations press release is still to go out. Kelly said she hopes to receive soon a list of residents whose families have lived in the same property for more than a century, to include a special award in the program called the Century Homes award. The Commission is to decide how many properties should be recognized at the awards ceremony. Kelly said she is also considering a special award for the Church Street property rehabilitated by Fnends of Historic Preservation. Kelly said Paula Brandt is still to turn in information concerning the site, and she will inform the Commission once this is received. Russell said he intends to have the Commission discuss and wrap up painting awards in March and April, and discussion should begin on preservation awards. Russell asked that Commission members be looking around for candidates, and also noted that photographs of candidate sites will soon need to be completed. Kelly noted that Friends of Historic Preservation are to cover the cost of printing for the invitations, the design of which is yet to be completed. Kelly noted that the design will be different this year, that a Sesquicentennial emblem is to be a dominant item on the cover, (Malkmus left the meeting at 6:25 p.m.) Historic Preservation Commission February 13, 1996 Page 3 DISCUSSION OF HISTORIC LANDMARK DESIGNATIONS: Kugler s.aid he has prepared a list of properties that are listed on the National Register, but are not located within a historic district. Kugler noted two properties, the Means property, and the Boernor-Fry/Davis Hotel building, were inadvertently left off the initial mailing list. The Commission asked that letters be sent to those property owners as soon as possible. Russell asked K. ugler to also check into the eftoct that a historic preservation overlay (OHP) designation would have on a "P" public zone property. Kugler also noted that there are a number of properties, including the Thomas Carson house, the Lindsey house, the Oakes-Wood house, and others, that are located within proposed historic districts, and asked whether the Commission wanted to designate these as landmarks now or leave them off the list in anticipation that they will be included in a district. it was the Commission's opinion to go ahead and propose the landmark designation on the structures, as who knows whether or when the proposed districts would get designated and it would provide them protection in the mean time. The Commission discussed cost, design and administrative issues regarding the plaque program, but did not come to any conclusion on these items, indicating that these issues are a matter for upcoming public meetings. The Commission decided to hold a special meeting on Saturday, March 30, 1996, at 10:00 a.m., to discuss the landmark designations. Russell asked to have an overhead projection list of the proposed landmarks prepared for that meeting, and a slide program. DISCUSSION OF ORDINANCE AMENDMENTS: Russell reminded the Commission of the Pugh memorandum, dated December 5, 1995, on this item. Russell asked the Commission to review the Clarion memorandum in the Preservation plan, as well. Pugh is to revise the language concerning paragraphs 1-4 for the next meeting. Russell asked Kugler to get an opinion from legal regarding a fine limitation for violations. UPDATE ON GRANT PROJECTS (cont.): Colleqe Green/East College Street National Reqister Nominations. Kugler said he is waiting on the okay from the State concerning the contract. At the March meeting, he Commission is to consider who would be willing to prepare the Longfellow District, Part II grant proposal. COMMISSION INFORMATION/DISCUSSION (cont.): 2. Upcominq REAP/HRDP meetinq in Cedar Rapids on March 19, 1996, at 7:00 p.m.. The Commission asked Kugler to check out whether there were items on the agenda for the meeting that the Iowa City Commission should be concerned about. Historic Preservation Commission February 13, 1996 Page 4 3. Proposed amendment to the JCCOG Arterial Street Plan - Oakdale Boulevard. Kugler noted item one, but said he is not aware of a threat to any properties of historical significance associated with the road proposals. 4. Updated Commission membership, Historic Preservation Regulations, and by-laws sheets were distributed. 5, Tax abatement issue. Kugler distributed a letter from Russell, to the Johnson County Board of Supervisors, concerning the tax incentive/abatement resolution that the County is considering. 6. Historic Landmark plaoue design update. Irelan displayed several design considerations for the plaques. 7. City Plaza Task Force. As lrelan's term on the Commission will terminate in March, Irelan suggested that the Commission consider at the March meeting, who should be her replacement on the task force. Irelan said she would be willing bring the new Commission representative up to date. The Commission volunteered John Shaw as the new representative, A__DJOURNMENT: The meeting was adjourned at 7:02 p.m. MINUTES IOWA CITY HISTORIC PRESERVATION COMMISSION MARCH 4, 1996 LOBBY CONFERENCE ROOM - CIVIC CENTER PREL!! ]NARY Subject to Approval MEMBERS PRESENT: Betty Kelly, Ruedi Kuenzli, Sue Licht, Doris Malkmus, Mike Pugh, Douglas Russell, Ginalie Swaim MEMBERS ABSENT: Kay Irelan STAFF PRESENT: Scott Kugler OTHERS PRESENT: Bill Green CALL TO ORDER: The meeting was called to order at 5:34 p.m. DISCUSSION OF EMERGENCY HRDP GRANT APPLICATION FOR THE STUDY OF THE NAPOLEON TOWN SITE: Russell asked Kugler to explain why the Commission was involved in reviewing this application. Kugler replied that as a Certified Local Government (CLG), the Commission must review any HRDP grant application that is filed for properties within the corporate limits. Kugler said the Commission has reviewed only a few of these applications in the past, the most recent being Joan Hart's application for a grant to make repairs to the property at 115 North Gilbert Street. Generally, the Commission has made an assessment of the historic importance of a building or, in this case, a site, being considered, and has also made an assessment of the proposed work to be funded by the grant. Kugler said the Commission's comments have been in the form of a letter, usually in support of the application. Kugler noted that this is the first archaeological site application that the Commission has reviewed. Russell asked Bill Green, State Archaeologist and applicant, to explain the project. Green thanked the Commission for calling a special meeting to review the application on such short notice. Green explained that the sewer line the City is constructing to connect the two treatment plants will run through an archaeological site in Napoleon Park. The site was identified in 1978 and includes mid- to late 19th century and prehistoric artifacts. Additional investigation was not needed at that time, but it is believed that the site of the town of Napoleon was located near there. If 1830s artifacts are found, the site could be National Register eligible. Green said that by the time his office realized that this site was to be disturbed, it was too late and not the time of year to do a full investigation on the site. Green explained a few corrections to the draft grant application striking the reference of there being a cemetery in the area and a correction in the type of sewer being constructed. Green explained that the State Archaeologist's Office hopes to work with the City's contractor to attempt to recover evidence of this early settlement. The surface has been studied, but fill that was put in place over the site may be masking items under the surface. The grant would fund the analysis of the collected data and archival research. Green indicated that a survey Historic Preservation Commission March 4, 1996 Page 2 of the area south of Napoleon Park will be conducted later this year as part of a Sand Road project, Russell asked if the State Archaeologist's Office was involved at the time of construction of the baseball diamonds. Green replied no. Kelly asked if the actual Napoleon town site location was known. Green replied that there are no above-ground remains, so the exact site is unknown, but they are pretty certain that it is in Napoleon Park. Green reiterated that a letter of endorsement is needed from the Commission for the grant application, as required by the State or the grant will not be considered. Pugh asked what the City's response to this request has been. Green indicated that the project has already been handed over to the contractor, but that they hoped to work out an arrangement with them to study the site during construction. Russell read a letter that the City Manager wrote in support of the grant application. Russell explained that it appears that the City would like to cooperate, but that they have federal deadlines to meet which would preclude a full investigation of the site at this time. Green agreed, and hoped that some process to allow them to investigate the soil as it is removed can be worked out. Swaim asked if the State Archaeologist's Office was involved in reviewing the plans. Green said that they had reviewed and approved an earlier version of the plan which showed a slightly different alignment in the Napoleon Park area. He said that at some point over the last couple of years the alignment changed and he was not made aware of it. Russell said, to clarify, that the plans changed and the State Archaeologist's Office was not notified through its usual channels, even though it was information that was made public for some time. Green confirmed. Russell reiterated that the Commission's responsibility was to simply look at the grant application and make a recommendation to the State as to whether the grant should be funded. The purpose of the grant is to analyze any data and artifacts that may be found, if an agreement with the City to allow collection of materials is reached. IVlOTION: Pugh moved to send a letter to the State Historical Society of Iowa in support of the grant application, subject to the reference to the "sewer outfall trench" being changed to "sanitary interceptor sewer," and removing the last sentence of the draft letter, including the referenc~ to the Sensitive Areas Ordinance. Licht seconded. The motion carried on a vote of 7-0. Russell asked Kugler to prepare the letter for his signature. The meeting was adjourned at 6:00 p.m. IOWA CITY HUMAN RIGHTS COM/4ISSION MINUTES OF FEBRUARY 26, 1996 PRESENT: Alison Ames Galstad, Mel Dautremont, Osha Davidson, Tom Dickerson, Pat Harvey, Diane Martin, Ann Shires, Joan Jehle, Andre' Peery ABSENT: None STAFF: Anne Burnside' Call To order Meeting was called to order at 7:00 p.m.. Ms. Galstad introduced new Commission member, Andre' Peery. The Minutes from the January Human Rights Commission were approved. Commissioner Shires thanked Patricia Harvey for transcribing the minutes from the last meeting. Recommendations to Council: 1o Adopt the attached amendment to the Iowa City Human Rights Commission's Bylaws. ***************************************************************** GREATER IOWA CITY HOUSING FELLOWSHIP Commissioner Galstad mentionedthat Charlie Eastham was unable to attend the meeting. She did, however, have information provided by Mro Eastham regarding two proposals for housing projects. Ms. Galstad indicated she had a conversation with F~ro Eastham approximately five weeks ago. During this communication, he shared with her the results of an informal survey conducted by the Greater Iowa City Housing Fellowship. The Fellowship attempted to map the census data with public housing addresses. The results were: 75% of the public housing addresses are located within the school districts of Roosevelt, Twain, Longfellow and Grant Wood schools. Another 15% of public housing addresses are located in the Horace Mann and Lucas school districts. The purpose of the mapping was to show that income stratification exists in the Iowa City residential areas. One of the goals of the Greater Iowa City Housing Fellowship is to tryto expand affordable housing into other areas° Almost every year, the Fellowship applies for CDBG funds° The Fellowship's proposals coincide with the information received in the packets regarding a barrier to housing study conducted in Cedar Rapids. Ms. Galstad indicated she would like to see the Commissionwrite a letter to Council stating the Commission recognizes the need for affordable housing in Iowa City and commends the Greater Iowa City Housing Fellowship for the effort it makes in pursuing this goal. Ann Shires pointed out that the Greater Housing Fellowship recently purchased a house on Dolan Street. They are only able to buy one house at a time. While Ms. Shires pointed out the houses are being purchased in different areas, the problem stems with finding a location to build moderate to low income housing units. Ms. Galstad mentioned both of the proposals submitted by the Greater Iowa City Housing Fellowship pertained to modifying existing rental units. HUMAN RIGHTS BREAi{FAST Commissioner Jehle submitted suggestions to change procedures for the Human Rights Breakfast. She mentioned that there should be a carry over of all nominees not selected, to the following year. This carry over would be limited to one year. Commissioner Dautrsmont questioned whether there had been a problem with nominations coming in past the deadline. Commissioner Jehle stated there were nominations being faxed after the deadline. She also mentioned the attachments to the nomination forms should be limited° Ms. Galstad wrote a letter to Mary Sue Coleman to invite her to be the speaker at the next Human Rights Breakfast. Mr. Davidson said that persons who suggest the names of nominees should not be allowed to make recommendations as to who will be chosen as the recipient of the award. Ms. Jehle indicated Shank should not be planning the Human Rights Breakfast. Ms. Galstad said the Commission should assign a subcommittee to plan the breakfast° NEW HUM~ RIGHTS AWARDS CATEGORY: Harvey indicated she would like to see a Rick Graf Human Rights Award be broadened to include nominees that represent his integrity VSo just limiting it to nominees who work in areas pertaining to AIDS. Ms. Harvey suggested this might be something the Commission awards everyyear. There was a consensus of the Commission that this award should be considered as an addition to the other awards. ANNUAL STATE CIVIL RIGHTS CONFERENCE: The Commission determined they would consider this in the future. MSo Galstad indicated the Commission had to keep in mind the minimal staff available. Mr. Peery indicated the Commission could consult with the State regarding this manner. FUTURE ACTIVITIES OF HUMAN RIGHTS COMMISSION Ms. Galstad asked if there were any comments on the proposal submitted by Joan Jehle setting forth future projects of the Human Rights Commission. The suggestions-put forth by Ms. Jehle included the creation of a "Friends of the Human Rights Commission" group, a Volunteer Coordinator, etc.. Commissioner Harvey said her belief was the State Civil Rights Commission wanted the Iowa City Human Rights Commission to start a Community Diversity Team. Commissioner Shires indicated the formation of the Diversity Team in Davenport required substantial staff time and community participation. Given the minimal staff in the Iowa City Office, Shires expressed her concerns regarding the ability of Shank to develop or assist in the development of the program. Ms. Shires stated the Community Diversity Team in the Quad Cities included different teams. The teams were developed in response to race based hate crimeSo One of the main organizers of the Diversity Team was the Mayor of Davenport. The team make up the group, include a media team, education team, civic team, religious team, etc. Ms. Galetad pointed out that the State Civil Rights Commission has the goal of setting up a Community Diversity Team in every community. Commissioner Peary mentioned there was already an effort to establish a SAFE coalition concept here. There are teams to pursue the agenda such as a business team etc. In this way, the teams can work without taking the time of staff. Mr. Peary indicated this program is referred to as Community Partnership and it is supported by the Federal Government. Cedar Rapids has this program. The co~munity Just received a grant several months ago that would allow the group to expand to Iowa City. SAFE stands for Substance Abuse Free Environment. Mr. Peary indicated that you cannot address the drug issue unless you deal with other issues. The Community Partnership concept covers a range of areas° There is a family task force, business task force, etc. There could be a diversity task force. Money is available and Mr o Peary thinks the Human Rights Commission could interface with the program. FRIENDS OF THE HUMAN RIGHTS COMMISSION Commissioner Shires said the idea for the Friends of the Human Rights Commission cams from the conference she and other Commissioners attended in Des Moines. The function of the group would be to raise funds for projects of the Human R~_gbts Commission° Carol Spaziani was suggested as an individual who might want to become involved in a program such as this. BRIDGES Commissioner Davidson stated he sees the Human Rights Commission as the larger Bridges entity. He indicated the Human Rights Commission has to decide which areas are important, ie., schools, religion, and then volunteer to be on a subcommittee assigned to a particular interest. Commissioner Davidson sent out letters to all of the Neighborhood Associations. Eleanor Steele the President of the Northside Association said their organization is interested in doing something with the Human Rights Commission. Ms. Galetad asked what steps had been taken so far in the Bridges Program. Mr. Davidson mentioned he had met with the head of the Chamber of Commerce regarding a Human Rights Commission information insert in the Chamber's newsletter. There was no money to put this idea into effect. The next stage, according to Mr. Davidson, is to approach businesses who provide consultation on compliance issues to see if there is an interest in fundings Human Rights Commission insert. If we come up with the funding, the Chamber would support this idea. The Bridges subcommittees will include business, media, neighborhood associations, advocacy groups, education and religion. Mr. Dickerson and ~r. Peery volunteered to be on the media subcommittee. Mr. Davidson, Ms. Harvey and Mr. Peery volunteered for the business committee. Ms. Dautremont volunteered for advocacy groups. Ms. Harvey and Ms. Galetad volunteered to be on the subcommittee addressing educational issues. Ms. Martin volunteered for the neighborhood association subcommittee. Ms. Shires and }~. Davidson volunteered for the religion subco~m~itteeo BUDGET SUBCOMMITTEE: Ms. Gelstad said the budget subcommittee had not met recently but she believed the Council was going to vote for a half time staff person. Ms. Burnside indicated that Dale Helling was going to post the position was going to be posted this week. Ms. Harvey asked if anyone was going to respond to the Iowa City Press Citizen editorial regarding the backlog existing in the Coordinator's office. Mr. Davidson said he had a meeting with the editorial board regarding the Commission's desire to add more staff to the Coordinator's office to relieve the backlog. He indicated the board asked him why the Commission did not use lawyers in Iowa City to help go through the backlog. Mr. Davidson suggested Commission members speak with Don Grove regarding having the State screen the oases that have built up. Ms. Gelstad indicated she would call Don Grove. It was also mentioned that Heather Shank needs to be more directire regarding how Commissioners can help. JOINT MEETING WITH THE STATE CIVIL RIGHTS COMMISSION: Don Grove askod the Commission to consider a date in May in which the State Civil Rights Commission could have a joint meeting with the Iowa City Human Rights Commission. It will either be May 2 or May 9, 1996 at 7:00 p.m.. Shank will set this up. TRAINING: There will be Commissioner training on May 9, 1996 at Ms. Galstad's house. AFFIRMATIVE ACTION POLICY: Ms. Galetad suggested adding gender identity as a protected class. Ms. Galetad indicated she would like to have Sylvia come in and give a presentation on how the City implements the Affirmative Action policy. Ms. Gelstad asked that Sylvia be asked to come to the next meeting. Reports of Commissioners: Pat Harvey represented the Human Rights Commission at Community Day. She found people took a lot of information on fair housing and the ADA. Last year, she observed that people took information on sexual harassment, the EEOC, and domestic partnership. Ms. Harvey suggested it would be a good idea to take the Human Rights logo and attach it to the table° Mr. Peery also suggested putting the cover of the Human Rights pamphlet on a Webb page. Ms. Harvey suggested coming up with a Human Rights diversity coloring book for children. Cultural Diversity Day took place at the University of Iowa. Tom Dickerson, Ann Shires and Osha Davidson attended. The Commission's information was provided and an individual asked if she could be a volunteer for the Coimmission. commissioner Davidson took her name and number. Ms. Shires indicated people picked up quite a bit of Human Rights information because they were waiting in line for the Indian food at the next table. Osha Davidson reported he attended the Black Male in Iowa City Forum at the University. He reported that no reference was made to being a black male in Iowa City. It was basically a conversation regarding being a black male at the University. Mr. Davidson suggested to Susan Mask and Diane Finhetty that a similar forum be held dealing with a black male in Iowa City. He also e-mailed Joe Knight with the suggestion. K~ight agreed it was a good idea. LEGISLATION AGAINST GAY MARRIAGES: Mr. Davidson asked whether the Commission has a role in protesting the law being considered that would not recognize gay marriages. Mr. Peery indicated the Commission on the Status of African American's in Iowa is going to lobby against the passage of the bill. Ms. Galstad indicated the Human Rights Commission could write a letter. It was suggested all of the representatives need to be contacted, not Just the ones in Johnson County. It was agreed a letter should be written from the Commission to members of the senate lobbying against the bill. Mr. Davidson agreed to draft the letter and an editorial for the newspaper° TALENT SHOW: Ms. Dautremont announced NOW is hosting the 2nd Annual Talent Show at Gabes on March 18, 1996. Admission is $5.o0. VOTE ON AMENDHENT TO BYLAWS: Motion made byAnn Shires to approve the proposed amendment to the by-laws of the Iowa City Human Rights Commission. See Attached. Ms. Dautremont seconded the motion° The Commission voted unanimously to adopt the amendment to the Human Rights Ordinance. OLD BUSINESS: Ms. Galstad indicated she received the Iowa City City Council packet° At the Council's February 13, 1996 meeting, Council Member Thornberry stated his concern regarding the announcement of the gender makeup of Commissions on which a vacancy exists. The Mayor said gender makeup was announced to strive for gender balance on the Commissions. Council Member Kubby stated her desire to maintain the current practice of announcing the gender makeup of the Commission. Ms. Galetad wanted it noted for the minutes, the Commission believes it is important to note ~he gender makeup of the Commissions in order to achieve a balanced representation of men and women. GENDER EQUITY IN SPORTS FORUM: Ms. Dautremont indicated the forum may focus on high school and Junior high. She is gathering information at this point. ESSAY CONTEST: Women of Color has been chosen as a topic for the Essay Contest. Ms. Galetad indicated she would check with Shank regarding progress. Ms. Dautremont and Mr. essay subcommittee. TAPE ON GENDER IDENTITY: Ms. Galetad and Mr. Davidson are on the Peery have the tape, "What Sex Am." They have yet to watch it. A discussion as to Commission's impressions will be postponed %mtil all persons have seen the film. Mr. Davidson indicated the number of male to female is equivalent to the number of female to male transitions. He was unaware of this fact. TEENAGERS: Mr. Davidson said he noted the Human Rights Ordinance does not cover persons under age 18. He said that he is aware, after conversations with his daughter, that stereotyping and poor treatment of teenagers occur in Iowa City. Mr. Davidson suggested the Commission might want to look into improving relationships between adults and teenagers in Iowa city. According to Mr. Davidson some stores do not sell mustard and toilet paper to teenagers after 9:00 p.m.. OPEN FORUM ON DIVERSITY: The University has a Committee on diversity and the Iowa City Human Rights commission should be aware of this when thinking about developing the Community Diversity Team. STATUS OF CASES: Ms. Galetad indicated everyone that has had a case to read has read it. There is a case pending in the City Attorney's office. Mr. Peery said that he noticed when he read his assigned case that the system at the business was deficient. Mr. Peery indicated that Shank said recommendations could be made to companies. He thinks the Commission needs to think of a way of addressing systems that perpetuate the perception of discrimination. ADJOURNMENT: Approximately 9:00 p.m.. Jan. 22, 1996 To: The Iowa city Human Rights Commission: From: The by-,laws committee Proposed a~enc]ment to t~e by-laws of the Iowa City Human Rights Commission: Addition to Section XI. Human Rights Complaint Froeels. Io Admissible evidence in a sexual harasssment case. In a human rights com91aint alleging sexual harassment, the parties making the probable cause determination as to whether~disorimination oo0urred must weigh the 9reJudioial value and relevance of any evidence concerning the past sexual behavior of the complainant. MINUTES BOARD OF APPEALS MONDAY, MARCH 4, 1996 LOBBY CONFERENCE ROOM - 4:30 PM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: 1. CALL TO ORDER Carlson, Roffman, Mass, Werderitsch Hagedorn, Buss, Staska Boose Chairman Bob Carlson called the meeting to order at 4:48 p.m. APPROVAL OF MINUTES Werderitsch moved to approve the minutes of the meeting of February 5, 1996, as submitted. Roffman seconded. The motion was unanimously approved. HEAR REQUEST FOR MODIFICATION OF SECTION 210-52 OF THE NATIONAL ELECTRICAL CODE FOR 4737 INVERNESS Board members discussed the hazards of extending an appliance cord through a spindle wall versus installing a floor outlet. It was unanimously agreed upon that if the difference in floor levels was one or two stair risers, the dan~ler of accidently catching the appliance cord that passed through the spindle wall was greatly reduced, Staff agreed. Carlson moved that a general policy be adopted that would allow electrical outlets to be considered in the same room if the difference in floor levels of the rooms was 16 inches or less and the rooms were separated only by a spindle wall. Roffman seconded the motion. The motion passed unanimously. OTHER BUSINESS Boose distributed the National Electrical Code hooks and requested Board members to solicit input for the Iowa City Electrical Code. 5. ADJOURNMENT Werderitsch moved for adjournment at 5:05 p.m. Roffman seconded and the meeting,was adjourned. Minutes submitted by Ron Boose, Secretary to the Board. Approved "~bert Carlson, Chair Date MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 13, 1996-4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Lowell Brandt. Patricia Eckhardt, William Haigh, Tim Lehman MEMBERS ABSENT: None STAFF PRESENT: Anne Burnside, Melody Rockwell OTHERS: Harry Wolf, John Moreland, Jr,, Mike Hahn, Mitch Peters, Steve Moss, Dave Wooldrik CALL TO ORDER: Chairperson Eckhardt called the meeting to order at 4:32 p.m. CONSIDERATION OF THE JANUARY 10, 1996, MINUTES: Haigh moved to approve the January 10, 1996, Board minutes. Lehman seconded the motion. The minutes were approved by a vote of 5-0. SPECIAL EXCEPTION ITEMS: EXC96-0001. Public hearing on an application submitted by Southgate Development Company, Inc. for special exceptions to permit 1 ) dwelling units above the ground floor of a commercial use, 2) restaurants over 2,500 square feet in size, 3) a reduction in the front yard setback requirement along Mormon Trek Boulevard, 4) off-street parking located on a separate lot, and 51 an appeal of the steep slopes regulations of the Sensitive Areas Ordinance. Rockwell said three of the requested exceptions had been approved previously by the Board of Adjustment at its December 1994 meeting. The approved special exceptions were 1 ) to permit second floor dwelling units requiring up to 22 parking spaces, 2) to permit parking and a shared access drive to be located on the adjacent property to the west, and 3) to permit 15,000 square feet of total restaurant floor area with two restaurants allowed to exceed 2,500 square feet in size, but to be no larger than 3,200 square feet each. Because the December 1994 special exception approvals have expired, the applicant is requesting re-approval of these exceptions. Rockwell said the applicant also requests that the Board approve special exceptions to reduce the front yard requirement along Mormon Trek Boulevard and to allow the steep slopes requirements of the Sensitwe Areas Ordinance to be handled administratively instead of through a rezoning process. Concerning the request for dwelling units above the ground floor, Rockwell said the density requirement for the 4.8 acre parcel would permit up to 116 apartments to be developed. She said the applicant is only requesting from 11 to 22 apartments; a Iowa City Board of Adjustment March 13, 1996 Page 2 combination of one and two-bedroom apartments with the required parking for the residential use not to exceed 22 parking spaces. Rockwell noted the I~roposed apartments would provide a use consistent with the existing apartments and condominiums located to the north and west. Vegetative screening will be provided along the north and west boundaries of the site. The west facade of the building has been designed to have the appearance and to function as a residential entrance. Rockwell said to reduce excess paving and commercial usage of the residential parking area, staff recommended that the west parking area be allowed to have a maximum of 24 parking spaces. Rockwell said the applicant also requested a special exception to permit restaurants up to 3,200 square feet each on a pre-approved basis in the Walden Square commercial center. Rockwell said staff feels that it would be reasonable to pre- approve two restaurants that are larger than 2,500 square feet in size, but have a maximum floor area not to exceed 3,200 square feet. This is consistent with the previous Board decision and allows some startup flexibility for development of restaurants appropriate in size for the CN-1 zone. Rockwell said in the future, if property owners in the zone desire additional restaurants over 2,500 square feet in size, the Board could review such requests on a case by case basis, and impose ameliorating conditions, or deny a larger restaurant use in the CN-I zone, as appropriate to meet the intent of the zone. Rockwell said the third requested exception involved providing a portion of the residential parking and a shared access drive on the adjacent property to the west. Rockwell noted that the applicant had met the requirements of the ordinance for this type of special exception; a perpetual easement agreement has been executed to assure use of the parking and drive, and the parking spaces are less than 300 feet from the residential entrance and provide convenient access. Rockwell also noted that the shared access drive/curb cut off Westwinds Drive for the condominiums to the west and the residential tenants at Walden Square eliminates the need for an additional curb cut on Westwinds Drive to serve the two properties. This design reduces traffic conflicts on a curved section of Westwinds Drive. Rockwell said that Southgate Development has agreod to construct a sidewalk along Westwinds Drive, providing the connecting link betweer~ i. hu condominium sidewalk and the grocery store s~aewalk. Rockwell said the applicant is requesting that the front yard setback requirement along Mormon Trek Boulevard be reduced from 20 feet to 10 feet. This wo~ld permit parking to be placed 10 feet closer to the street, similar to the credit union setback and frontage parking along Mormon Trek Boulevard on the property to the south. Rockwell noted that the extra-wide Mormon Trek Boulevard right-of-way provides a distancing separation between the residential uses to the east and the proposed neighborhood commercial center. She said the required landscaping along the Mormon Trek frontage will buffer the nearby residential uses from the impacts of the proposed parking area. She said staff recommends that the landscaping be compatible with the City-approved landscaping to the south. and that additional screening be provided opposite the loading dock proposed at the northeast corner of the most northeasterly building on the site. Iowa City Board of Adjustment March 13, 1996 Page 3 Rockwell said the applicant also requests that the slopes regulations of the Sensitive Areas Ordinance be handled administratively for the 701 Mormon Trek Boulevard property, instead of undergoing the rezoning/development plan process required under the provisions of the Sensitive Areas Ordinance. Rockwell noted that one standard for appeal of the Sensitive Areas Ordinance is that the application of a particular Sensitive Areas Ordinance regulation would deny reasonable, beneficial use oT the property. Rockwell said review by the Planning and Zoning Commission and the City Council does not in and of itself prevent or deny reasonable, beneficial use of the property. The rezoning process may take longer than administrative review, but delay to allow more scrutiny of development that will occur on or near critical or protected slopes does not constitute a denial of use. Rockwell said that staff recommended for property located in the CN-1 zone at 701 Mormon Trek Boulevard that: Second floor dwelling units requiring up to 22 parking spaces be permitted, subject to only 24 parking spaces being located in the west parking area that is specifically intended to serve the residential units. Two restaurants that are larger than 2,500 square feet in size, but have a maximum floor area not to exceed 3,200 square feet of floor area be pre- approved. The off-street parking and shared access drive on the separate lot to the west be permitted, subject to construction of the connecting four-foot wide sidewalk along the north side of Westwinds Drive between the CN-1 zone boundary and the existing residential sidewalk to the west. The front yard requirement be reduced along Mormon Trek Boulevard from 20 feet to 10 feet for the 306-foot east edge of the proposed parking area, subject to implementation and maintenance of a landscape plan approved by the City. The landscape, plan should provide additional evergreen landscaping to provide effective screening between the proposed loading dock on the east side of the east building on the site and Mormon Trek Boulevard. The exception requested for administrative site plan review of the development on a property containing critical and protected slopes be denied, Rockwell said staff also recommended that the Board's decision on the exceptions extend for a period of 24 months to allow the development to get underway before the decisions expire or extensions need to be requested. She also noted that she had received no calls from neighboring property owners concerning the Walden Square application. Public hearing. t Iowa City Board of Adjustment March 13, 1996 Page 4 Harry Wolf. Vice President~ SouthQate Develooment, said he had worked extensively with the City in preparing and redesigning the Walden Square development application. Wolf said he was in essential agreement with the staff position on points one through four, and on setting the duration for the Board decision at two years. Brandt asked about the exception requested for the front yard setback. Wolf said the request was not due to lack of room on the site, but was made in order to align interior drives on the site. He viewed this as a more cohesive design to integrate the various uses in the zone. Eckhardt asked if all the residential units would be in the west building. Wolf said yes, the west building was the only two*story building proposed for the site. The remainder are to be one-story buildings. Wolf said concerning point five, he would like the Board to consider grandlathering a plan that was similar to the previously approved plan, He noted that the impacts of the revised plan are primarily on slopes less than 25%. Wolf said if the application goes through the rezoning process, it is likely to receive approvals. He asked why the Walden Square project should be delayed by as much as 10 weeks. He said the delay could result in denying beneficial use of the property. In response to a question from Brantit, Wolf reaffirmed that the development would not impact critical areas. He noted that the slope is a graded, humanmade slope, not a natural slope. Bender asked the reason for redesigning the site plan. Wolf said the corner of the L-shaped building on the previous plan contained a 7,000 square foot floor area in the corner of the L that had not proved rnarketable. He said the present plan evolved from looking for a potential anchor store to be located near the Mormon Trek Boulevard frontage. Brandt asked why Wolf was complaining about delay while asking for the Board decision to be extended for two years. Wolf said it was partly insurance to have a marketable plan that could be phased in over time. He said the development may run into some problems. Brantit asked if Wolf would be willing to phase in the one building in the steep slopes through administrative review, and allow the remainder of the project involving critical and protected slopes to undergo the rezoning process, Wolf said no, he would prefer to handle it as one, cohesive project. Public hearing closed. MOTION: Haigh moved to approve a special exception to permit second floor dwelling units requiring up to 22 parking spaces, subject to a maximum of 24 parking spaces being located in the west parking area that is specifically intended to serve the residential units, and with the stipulation that the Board decision extend for a period of 24 months. Bender seconded the motion. Brandt said he supported the request for second floor residential units. He felt the design was good. He said he was ~mpressed with the cooperative effort demonstrated by the applicant. Haigh agreed. He felt the request was straight-forward. Bender also agreed. Eckhardt noted it would be good to have residential units as part of the neighborhood commercial area. Iowa City Board of Adjustment March 13. 1996 Page 5 The motion carried 5-0. MOTION: Haigh moved and Lehman seconded the motion to approve a special exception to allow two restaurants that each are larger than 2,500 square feet in size, but have a maximum floor area not to exceed 3,200 square feet of floor area, with the stipulation that the Board decision extend for a period of 24 months. Haigh said he had noted the sizes of the restaurants cited in the staff report. He felt it may be somewhat of a challenge to have restaurants limited to 3,200 square feet in size. He said it was realistic to allow the exception. Brandt agreed, and said the motion was consistent with the previously approved exception. Lehman agreed. Bender noted there was no actual difference between the proposed exception and the previously approved exception. She felt there was a critical need for restaurants in this west area of Iowa City. She said the size of the restaurants, as proposed in the motion, were appropriate for a neighborhood commercial area. Eckhardt agreed, and said this would be a good place to locate restaurants. The motion carried 5-0. MOTION: Haigh moved and Bender seconded the motion to permit off-street parking and a shared access drive on a separate lot to the west, subject to construction of the connecting four-foot wide sidewalk along the north side of Westwinds Drive between the CN-1 zone boundary and the existing residential sidewalk to the west, with the stipulation that the Board decision extend for a period of 24 months. Haigh felt the design of the parking and shared access drive on a separate lot fit well into the plan. He particularly noted the positive effect of having the residents from the new apartmcnts and the condominiums use the same driveway, instead of creating a separate curb cut for the new residential units. Brandt felt the parking and drive arrangement was sensitive to the residential area. Lehman, Bender and Eckhardt concurred. The motion carried 5-0. MOTION: Halgh moved and Brandt seconded the motion to reduce the front yard requirement along Mormon Trek Boutevard from 20 feet to 10 feet for the 306-foot east edge of the proposed parking area, subject to implementation and maintenance of a landscape plan for the Mormon Trek Boulevard frontage. The landscape plan should be approved by the City and should provide additional evergreen landscaping to provide effective screening between the proposed loading dock on the east side of the east building on the site and Mormon Trek Boulevard. The Board decision should extend for a period of 24 months. Haigh felt the requested front yard modification made sense and was consistent with setback and landscaping requirements for the credit union property to the south. Brandt said he felt some concern ~n that an extra 10 feet of buffer can be quite significant for a neighborhood already dealing with a great deal of concrete. He felt it was unfortunate that the buffer reductmn had been allowed for the credit umon in the first place. He said he would reluctantly support the front yard reduction to maintain consistency with the prewous Board decision. Lehman felt it was important to maintain a consistent setback and landscaping along this Iowa City Board of Adjustment March 1 3, 1996 Page 6 Mormon Trek Boulevard frontage. Bender also felt it was important to maintain consistency along the frontage. She said she was pleased the motion contains a requirement for City approval of the landscaping. She felt the request was reasonable. Eckhardt agreed, and said she thought it would be confusing to have a change in the width of setback for this commercial frontage. The motion carried 5-0. MOTION: Haigh moved and Bender seconded the motion to approve a special exception to permit administrative site plan review of development on a property containing critical and protected slopes. The Board decision should extend for a period of 24 months. Haigh noted that the Sensitive Areas Ordinance is a new law. He did not feel it was a good approach to send this case back to the Planning and Zoning Commission and the City Council. He felt it would be best to handle the site review administratively. Bender said she would vote in favor of the motion. She felt the Sensitive Areas Ordinance was intended to protect areas that are naturally sloping, wooded and along creeks. She noted that the slope in question was created by construction. She said the site was built up for previous construction. Bender felt it made sense to grandfather the development in as long as there was the assurance of administrative review. She said the applicant had demonstrated s willingness to cooperate with the City at every other juncture. Burnside said she would like to direct the Board's attention to the specific factors cited in the Zoning Chapter for granting an appeal to the Sensitive Areas Ordinance regulations. She said the Board's decision needed to be based on whether the applicant was able to demonstrate that the application of a particular Sensitive Areas Ordinance regulation would deny reasonable, beneficial use of the property. She said the applicant also needed to demonstrate that any alterations permitted to sensitive areas are to be the minimum necessary to allow for reasonable, beneficial use of the property with the least impact on the sensitive areas, and that the proposed development does not pose an unreasonable threat to public health, safety or welfare on or off the development proposal site. Brahdt said he liked the notion of a Sensitive Areas Ordinance. He was troubled that the development project had been altered, but felt somewhat persuaded by Mr. Wolf's comments that in a general sense the development project honored the intent of the ordinance. Brandt said at some point the ordinance as written has to take effect. Eckhardt said she felt conflict over this decision. She felt the Sensitive Areas Ordinance was intended to deal with bad problems, such as "The Cliffs." She said Southgate needs to move ahead, and it may be a mistake to delay the development when the project can be reviewed by staff administratively. Eckhardt noted there had been no public objection to the Southgate Development application. Brandt sa~d this is a new ordinance. He questioned to what degree the Planning and Zoning Commission should be involved, and to what degree the Board of Adjustment and City staff should be given authority. He said he was uncomfortable to approve the appeal, because he Iowa City Board of Adjustment March 13, 1996 Page 7 had no history to draw upon. Brandt said he was leaning against approving the motion. Eckhardt said the project was in progress, and she felt it should continue. She said the Board would be placing a great deal of trust in staff that its administrative review would be thorough and no harm would come to the environment. She said she hoped the Board's decision did not set a precedent that would make an appeal of this type common practice. Lehman said the slope is humanmade. He felt approval of the appeal was a practical way to make this project work, Bender said the applicant had demonstrated that the factors for granting a special exception in this case had been met. She did not see how the plan as amended would pose a threat to sensitive areas. She felt the plan minimized impacts on sensitive areas. She said a delay could jeopardize the project and the beneficent use of the property. The motion carried 4-1, with Brandt votino no. EXC96-0002. Public hearing on an application submitted by Tom and Mary Sundblad for a special exception to allow eight dwelling units above a commercial use on property located in the CC-2, Community Commercial, zone at 845 Pepperwood Lane. Eckhardt said the applicants had requested that this application be withdrawn. MOTION: Haigh moved and Bender seconded the motion to withdraw EXC96-0002, a special exception to allow eight dwelling units above a commercial use for property located in the CC-2 zone at 845 Pepperwood Drive, The motion carried 5-0. EXC96-0003. Public hearing on an application submitted by Steve Moss for the Iowa City Tennis & Fitness Center for special exceptions to permit a reduction in off-street parking requirements and an appeal of the steep slopes regulations of the Sensitive Areas Ordinance. Rockwell said the applicant was requesting approval of two special exceptions to allow proposed expansions of the fitness center to proceed. She sa~d a 3,310 square toot enlargement of the weight room was proposed on the north side of the facility, and an 11,000 square foot expansion was proposed for the west side to house two tennis or volley ball courts, The applicant requested that the off-street parking requirements be waived for these two additions, and also asked that the slopes regulations of the Sensitive Areas Ordinance be handled administratively through site plan review for the weight room expansion. Rockwell said the Board may grant a special exception to allow not more than a 50% reduction in the required number of parking spaces if the applicant demonst~a~e~ that a specific use has characteristics such that the number of parking spaces is too restrictive. She said City staff had calculated that 22 parking spaces were required for the weight room expansion and 25 spaces for the tennis/volley ball courts addition. Rockwell noted the survey submitted by the applicant that identified the number of Iowa City Board of Adjustment March 13, 1996 Page 8 persons using the facility and the number of cars parked in the parking area per hour over a 24 day period in January and February 1996, a peak period for fitness center usage. The survey indicates that on average, there are 30 to 40 vehicles in the 118 space parking area at any one time, and even at times of peak usage 29 parking spaces were still available. Spot checks by City staff at peak usage times support the applicant's contention that excess parking is available. The fewest available parking spaces noted at any one time by staff was 20. Rockwell said a neighboring property owner had reported very occasional spillover parking from the fitness center to the Country Inn parking lot. Rockwell said that in staff's view, a 100% waiver of parking requirements for the proposed additions was not warranted, and was not possible for the Board to grant under the special exception provisions of the Code. She said staff did feel that the applicant had demonstrated that reducing the parking requirements by 50% is reasonable given the average and peak usage of the facility and the expected increase in demand for parking due to the proposed expansions. Rockwell said staff recommended that the reduced parking requirement of 24 spaces be phased in at the time the tennis/volley ball courts area is constructed. The excess capacity available in the existing parking area should accommodate any additional clientele using the expanded weight room and the four additional units of equipment (treadmills). Rockwell said the applicant requests that the weight room expansion be excepted from the rezoning review process required by the Sensitive Areas Ordinance, because it would be constructed on flat ground and would in no way impact the steep slopes on the site. The weight room is proposed to be constructed on the north side of the fitness center, and the slopes on the site occur primarily on the west and south sectors of the property. Rockwell said the applicant intends to submit a Sensitive Areas Development Plan and a Sensitive Areas Overlay rezoning request for the expansion on the west that may encroach into a steep slopes area, but asks that the weight room expansion be allowed to be processed administratively through site plan review. Rockwell said that although the weight room expansion will not impact a sensitive area on the site, staff is reluctant to have a precedent set that in effect amends the ordinance to allow administrative review when the Sensitive Areas Ordinance requires a rezoning/development plan for the entire site. Rockwell pointed out that the requirements of the ordinance do not deny reasonable, beneficent use of the property. She said the construction of the weight room may be delayed, but is unlikely to be denied when reviewed by the Planning and Zoning Commission and approved by the City Council as part of a Sensitive Areas Development Plan. Rockwell said staff recommends that EXC96-0003, a special exception to reduce the parking requirements by 50% for a 3,310 square foot expansion of the weight room area and the addition of two tennis/volley ball courts from 47 to 24 required off-street parking spaces be approved with the stipulation that the required parking be provided pt,or to the issuance of a certificate of occupancy for the tennis/volleyball courts additmn for property located in the CN-1 zone at 2400 N. Dodge Street. Staff also recommends that EXC96-0003, a special exception to exempt the weight room Iowa City Board of Adjustment March 13, 1996 Page 9 expansion from the rezoning requirements of the steep slopes regulations of the Sensitive Areas Ordinance be denied for property located in the CH-1 zone at 2400 N. Dodge Street. Public hearing. John Moreland, Jr., 2602 Rochester Avenue, Iowa City, stated that he had served on the Sensitive Areas Committee that worked on the Sensitive Areas Ordinance. Fie noted that the Sensitive Areas Ordinance is new and is the only environmental ordinance in the state that is so comprehensive in scope. Moreland said ~his ordinance is charting new territory. He felt changes would be needed, and one would be to allow the same exemptions for wetlands and woodlands to be applied to slopes. Moreland said he didn't think that the Planning and Zoning Commission or the City Council wanted to deal with circumstances like this case that involve only flat ground. He said the Sensitive Areas Committee had tried to write the ordinance so development activities wouldn't have to undergo Planning and Zoning Commission review most of the time. He said the best thing to do is to amend the ordinance, but this is also the best time for construction, and the time when the best prices for construction can be obtained. He thought a waiver in this case would meet the intent of the ordinance. Eckhardt asked if the rezoning was triggered because there are steep slopes on the site. Moreland said yes, but the ordinance should be amended so if construction is not near slopes, the Planning and Zoning Commission does not need to deal with it. Mike Hahn, McComas-Lacina Construction, said the owners of the Iowa City Tennis and Fitness Center went to the users of the facility to ask how to upgrade the fitness center. Hahn said the weight room is overcrowded, and the expansion of that area is intended primarily to relieve the overcrowding. He said new flooring and new equipment had been purchased for the weight room expansion. He said the site plan submitted that day is a first draft for the total expansion being planned. Hahn felt that a delay would constitute denial of a beneficent use of the property. He noted the expenditures being made to upgrade the weight room to make it a safer place to work out. He said the ordinance will likely be amended to allow building on flat ground to proceed under administrative review. Hahn said the parking would be put in at the time the weight room is constructed. Mitch Peters, said as a frequent user of the fitness center at all times of the day and in the evening, he had never had a problem parking at any time from 6 a.m. to 11 p.m. He said the weight room expansion would be a good addition; the weight room is overcrowded right now. Steve Moss, co-owner of the Iowa City Tenms & Fitness Center, said the weight room is a simple project that should be accomplished soon from a safety standpoint. He questioned whether there had been any spillover parking on the neighboring property. Dave Wooldrik, co-owner of the Iowa City Tennis & Fitness Center, said the proposed expansions would be a real enhancement for Iowa City, which cries for indoor gym space. He said this was an opportunity to address the lack of gym space from a Iowa City Board of Adjustment March 13, 1996 Page 10 private perspective. He said the facility is intended to be an all-sports/family center. He said the weight room would be built on a piece of ground that is flat as the floor. Public hearing closed. IVIOTION: Lehman moved and Haigh seconded the motion to approve a special exception to reduce the parking requirements by 50% for a 3,310 square foot expansion of the weight room area and the addition of two tennis/volley ball courts from 47 to 24 required off-street parking spaces with the stipulation that the required parking be provided prior to the issuance of a certificate of occupancy for the tennis/volley ball courts addition for property located in the CN-1 zone at 2400 N. Dodge Street. Brandt said he felt the applicant had documented that there was not overuse of the parking area. Lehman said he felt the staff recommendation was straight-forward. He thought the additional required parking would meet the need. Haigh said it was important to decrease safety problems, He did not think the parking reduction would cause any problems. Bender said she was pleased to have the applicant's survey of parking area use and to have the staff spot checks. She felt that parking was not an issue; that the applicant had demonstrated the current zoning requirements for a fitness center are too restrictive. The motion carried 5-0. It/lOTION: Lehman moved and Haigh seconded the motion to approve EXC96-0003, a special exception to exempt the weight room expansion from the rezoning requirements of the steep slopes regulations of the Sensitive Areas Ordinance for property located in the CH-1 zone at 2400 N. Dodge Street. Haigh said he felt there was a problem with the ordinance to require a rezoning when steep slopes were on the other side of the building, and construction of the weight room would have no impact on them. Brandt felt the exception met the points for appeal cited in the ordinance. Bender concurred. She said the weight room construction won't impact the intent of the ordinance. She felt it was prudent and reasonable to allow administrative review. She said to delay the weight room construction for no reasonable purpose could impact the public welfare and the safety of the fitness center members. Eckhardt said it is clear that the steep slopes on the property trigger the rezoning requirement, but it is a practical and common sense approach to allow administrative review of construction in a flat area of the site. The motion carried 5-0. CONSIDERATION OF THE PROCEDURAL RULES AMENDMENTS: Rockwell sa~d the City Council Rules Committee had reviewed the Board's Procedural Rules and had recommended a few amendments, whmh had been noted in bold. She said the City Attorney's recommended revisions were noted in italics. She asked if the Board had any Iowa City Board of Adjustment March 13, 1996 Page 11 questions about or objections to the suggested changes. Haigh asked about the change to make the time and place for the Board meeting general instead of specific. Rockwell said the Rules Committee felt the specific meeting time and location could be listed in other places for public notification, but such specificity was not appropriate in the procedural rules. if the meeting time or location changes, Council review of the change and approval of a resolution would be required. General information concerning the Board meeting time and place would be less likely to need amendment, end would thus be less likely to trigger the somewhat time- consuming process for changing the Board's procedural rules. MOTION: Halgh moved and Bender seconded the motion to approve the Board of Adjustment Procedural Rules, as amended by the City Council Rules Committee and the City Attorney, and to forward the rules to the City Council for approval by resolution. The motion carried 5-0. ADJOURNMENT: Lehman moved to adjourn the meeting at 6:30 p.m. Brandt seconded the motion to adjourn. The motion carried unanimously. Patricia Eckhardt, Board Chairperson rd Secretary "~ Minutes submitted by Melody Rockwell IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, MARCH 13, 19~6- 4:30 P.M. CMC CENTEI~ COUNCIl; CHAMBERS ~IGN ~N SHEET Address /d. Z 10. 11. 12. 13. 14. 15. 16. IZ 18. 19. MINUTES DESIGN REVIEW COMMITTEE MEETING MONDAY, MARCH 18, 1996- 4:00 P.M. CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Gary Nagle, Laura Hawks, Randy Rohovit, Phillip Reisetter, Marty Haynes, Bill Nowysz, Clara Swan MEMBERS ABSENT: Karyl Larson, Nancy Footner STAFF PRESENT: David Schoon, Brad Chamberlain RECOMMENDATIONS Recommended, by a vote of 5-2 (Reisetter and Rohovit voting no), that the proposed Design Review Overlay Zone Ordinance be amended so that the City Council acts as the final arbiter in the appeal process. CALL TO ORDER AND INTRODUCTIONS Chair Marty Haynes called the meeting to order at 4:07 p.m. CONSIDERATION OF THE PROPOSED DESIGN REVIEW OVERLAY (ODR) ZONE ORDINANCE Haynes gave a quick summation of the Planning and Zoning Commission meeting that took place last Thursday. Haynes stated that the Commission seemed to be in favor of the concept of design review; however, they did not want it to be mandatory; just an advisory function. Haynes stated the Commission had problems with the language of the ordinance and felt the ordinance would be additional regulation to the building permit process. The Commission voted to deny approval of the ODR ordinance. Haynes asked what direction the Committee should take after the Commission's recommendation of denial. Haynes asked if the Committee felt the ODR ordinance should still be sent to the City Council or if it could be reworded first. Schoon stated that the Committee could make minor word changes to the ODR Ordinance if it wished. The Committee could also include changes proposed by the Planning and Zoning Commission. However, Schoon stated that if major changes were made to the ordinance, the ordinance would have to be taken back before the Planning and Zoning Commission. Nagle asked the Committee if the ordinance was voted down by the City Council, could the Committee try again with the ODR Ordinance? Schoon said that the Committee could try again. Haynes stated that the Committee could hear different objectives to the ODR Ordinance from the City Council, or the Council could approve the ODR Ordinance. Haynes asked the Committee ~f they wanted to proceed with sending the Ordinance onto the Councd, or did the Committee want to regroup now. The Committee felt that they should move ahead w~th the process of sending the ordinance to the City Council. Design Review Committee March 18, 1996 Page 2 The Committee discussed the issue of the appellate body for appeals of the Design Review Committee's decisions, Schoon stated that the City Attorney preferred that the decisions go to the Board of Adjustment, but if asked to make the City Council the appellate body, that would be feasible. Reisetter stated that there was some public support in favor of not having appeals go to the City Council because of the political nature of the Council, whereas the Board of Adjustment would provide a less political environment for the appellate process. Nagle stated that the City Council should be the final arbitrator. Swan stated that she preferred the Council over the Board of Adjustment. She stated that the Council has a history of respecting the Committee's recommendations, they are elected representatives of the community, and no fee would be involved. A possible problem could arise if the Council deferred a decision, causing delays to a project. Perhaps a time limit could be a part of the language, Swan moved to recommend to the City Council that the proposed Design Review Overlay Zone Ordinance be amended so that the City Council acts as the final arbiter in the appeal process. Nowysz seconded. The motion carried by a vote of 5-2 {Reisetter and Rohovit voting nol. Haynes asked the Committee what needed to be done before the next City Council meeting on April 9th. In response to SwaNs question, Schoon stated that letters in support of the ODR Ordinance presented at the Planning and Zoning Commission meeting would go to the City Council. The Committee then addressed the issue of contacting supporters of the ordinance. Hawks stated that people who have been through the design review process such as architects among others should be contacted. Committee members volunteered to contact interested persons, asking for their support. Hawks felt that an important step in getting the ordinance passed may require in the future the formation of a task force consisting of City Council members, Design Review Committee members, and other members of the community so that a compromise agreement on the ODR Ordinance could be reached. In response to a question from Hawks, Schoon said the Council can establish such a task force. Haynes stated that he felt the Council should consider the proposed Ordinance as is before it considers establishing a task force on the topic. The Committee discussed the issue of contacting various members of the City Council to educate Councilors on the ODR Ordinance. It was suggested that Haynes contact Councilors and set up meeting dates. Nowysz stated that the Committee should ask the City Council the basic question of "Is design review needed in this town?" If the City Council says no, and doesn't support the ordinance, then there should be no need for a Design Review Committee. Swan stated that the Planning and Zoning Commission was stating that there was no need for a design review process due to their recommendation of denial of the ODR Ordinance. Haynes suggested that the Committee contact members of the public and encourage them to support the ordinance e~ther through writing a letter to the City Council or showing up to the public forum. UPDATE REGARDING THE AWARDS FOR DESIGN EXCELLENCE Schoon presented a list of the award recipients. The three judges had met and voted on the designs. Nagle suggested a press release go out naming the winners. It was suggested that Design Review Committee March 18, 1996 Page 3 the press release be done on Friday, March 22. Haynes stated that he would be giving out the awards at the next Council meeting with the Mayor congratulating the recipients. UPDATE REGARDING THE BURLINGTON & GILBERT STREET INTERSECTION IMPROVE- MENTS Hawks stated that the City Council was reedy to approve the bids for the project at the March 26th meeting. They would have the bids back that day and would vote on the alternate bid items at the evening's meeting. Hawks stated that the Council seems supportive toward including the alternate bid items. Hawks noted that Project Green was planning a new design for landscaping in front of the Recreation Center. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 20, 1996, MEETING Reisetter moved and Rohovit seconded to approve the minutes of the February 20, 1996 meeting. The motion carried by a vote of 7-0. PUBLIC DISCUSSION There was none. COMMITTEE DISCUSSION There was none, ADJOURNMENT Swan moved and Reisetter seconded to adjourn the meeting. Chairperson Marty Haynes adjourned the meeting at 5:40. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, MARCH 21, 1996- 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Dick Gibson, Jane ,~akobsen, 'Lea' Supple MEMBERS ABSENT: Tom Scott, George Starr STAFF PRESENT: Sarah Holecek, Bob Miklo, James Erwin RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-0, of REZ96-0004/SUB96-0002, to fezone a 3.O9 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Develop- ment Housing Overlay, and for preliminary OPDH plan and plat approval of Village Green, Part XIV, a one-lot, eight unit residential development located on the north side of Village Road. Recommended approval, by a vote of 5-0, of SUB96-0003, a preliminary plat for Woodland Ridge, Part One, a 19-1or, 55.95 acre residential subdivision located on the east side of Dane Road at its intersection with Osage Street. CALL TO ORDER: Vice-Chairperson Bovbjerg called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: REZ96-0004/SUB96-0002. Public discussion of an application submitted by Village Partners to fezone a 3.O9 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan and plat for Village Green, Part XlV, a one-lot, eight unit residential development located on the north side of Village Road. (45-day limitation period waived to Merch 2!, 1996) Miklo said the revised plat complied with zoning and subdivision requirements. He noted that the streets were 25 feet wide, and that sidewalk requirements had been waived given the short distance of the private street. He said there were townhouses with a s~milar OPDH plan nearby. He then sa~d that a summary report would be ready for the Commission's consideration and approval at its next meeting on April 4, 1996. Bovbjerg asked if the details needed to be mcorporated into the Commission's motion for approval. Miklo said they were contained in the OPDH plan. Gibson asked what action was to be taken at the next meeting. Miklo said the Commission would be approving an explanatory summary report. Jakobsen asked if two motions were necessary to approve the rezomng and subdivision. Miklo said one motion could be framed to include both. Public discussion. Planning & Zoning Commission March 21, 1996 Page 2 There was none, Public discussion closed. MOTION: Jakobsen moved to approve _REZ96-0004 to fezone a 3.09 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and SUB96-0002, a preliminary OPDH plan and plat for Village Green Part XIV, a one-lot, eight unit residential development located on the north side of Village Road. Gibson seconded the motion. Supple asked what the Commission would be considering at the next meeting, Miklo said the OPDH summary report would be available for the Commission's consideration, He said the report would contain an explanation of why the application was being approved, Holecek explained the r~port was only a summary of what had already been disc,.'ssad, Gibson asked if the current vote was on the substantive issue, and if the approval vote at the next meetincr would only be on language. Holecek said that was correct, Supple asked what wo~Jld happen if the Commission did not like the report. Miklo said the report would oqly explain the differences of the OPDH plan from standard RS-5 zone requirements, Holecek said that all the substantive issues had been decided, Supple remarked that the procedure seemed new. Miklo said this is the standard procedure for OPDH cases. Bovbjerg asked if the report would go in the legal file. Miklo said it would, The motion carried by a vote of 5-0, DEVELOPMENT ITEM: SUB96-0003. Public discussion of an application submitted by Jeffrey Maxwell for preliminary plat approval of Woodland Ridge, Part One, a 19-lot, 55.95 acre residential subdivision located on the east side of Dane Road, at its intersection with Osage Street. (45-day limitation period waived to March 21, 1996) Miklo said the revised plat addressed all of staff's concerns, He said the Public Works Departmen[ had reviewed [he pi~ a.d had advised ~ha~ the deficiencies had been resolved. Gibson asked if there had been concern over the street layout, Miklo said that had been with the original concept plan for the area on the east side of the plat that is now being developed, but that had been revised. Gibson asked if the issue could therefore be addressed in the future. Miklo agreed that it could. Supple asked whether the concern over street names had been addressed. Miklo said ~t had. Public discussion. There was none. Public discussion closed, MOTION: Supple moved to approve SUB96-0003, a preliminary plat for Woodland Ridge, Part One, a 19-1ot, 55.95 acre residential subdivision located on the east side of Dane Road, at its intersection with Osage Street. Gibson seconded. The motion carried by a vote of 5-0. Planning & Zoning Commission March 21, 1996 Page 3 CONSIDERATION OF THE FEBRUARY 15, 1996 AND THE MARCH 7, 1996 MINUTES OF THE PLANNING AND ZONING COMMISSION: MOTION: Jakobsen moved to approve the February 15, 1996 minutes as revised. Gibson seconded. The minutes were approved by a vote of 5-0. MOTION.: Gibson moved to approve the March 7, 1996 minutes as revised. Supple seconded. The minutes were approved by a vote of 5-0. PLANNING AND ZONING COMMISSION INFORMATION: Miklo invited the Commissioners to a farewell party for Charles Denney, Associate Planner, on April 1. Supple congratulated staff for its effort on the South Area New Neighborhoods Workshop. She said the workshop went very smoothly, and that the participants had learned a great deal. She said the next workshop would be at 7:00 p.m. on Monday, March 25, at Grant Wood Elementary School. Miklo summarized the workshop and said that the suggestions from the citizen participants would eventually be integrated into an amendment to the Comprehensive Plan. Supple said she thought it was interesting that the participants had preferred trails to parks. Gibson asked if there were any other changes the participants had preferred. Miklo said that most participants had accepted small-scale, multi-family development. He also noted that there was some support for developments with alleys, and that they were interested in the idea of a park-like 'town square' with neighborhood commercial development. 8ovbjerg said that staff did a good job of presenting different options, and gave citizens a chance to contribute meaningfully to the planning process. OTHER BUSINESS: There was none. ADJOURNMENT: MOTION: Gibson moved to adjourn the meeting. Supple seconded. The meeting was adjourned by a vote of 5-0 at 7:50 p,m. Lea Supple, Secretary Minutes submitted by James Erwin.