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HomeMy WebLinkAbout1996-10-22 Bd Comm minutesMINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 11, 1996 - 4:30 P.M. CIVIC CENTER - COUNCIL CHAMBERS PRELIMINARY Subject to Approval MEMBERS PRESENT: Susan Bender, Lowell Brandt, Patricia Eckhardt, William Haigh, Tim Lehman MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Scott Kugler, John Yapp, Sarah Holecek, Jeff Haring OTHERS PRESENT: Richard W. Hansen, Nancy Carlson, Marian Karr, Vic Zender, Shirley Young, Susan Struve, Nancy Dooley, Carol Miller, Cheryl Smith-Rossetti, Rick Helwig, Bob Keating, Dale Miller, Maggie Keating, John A, Cress, Eric Griffin. CALL TO ORDER: Chairperson Eckhardt called the meeting to order at 4:36 p.m. CONSIDERATION OF THE AUGUST 14, 1996, MINUTES: MOTION: Bender moved to approve the minutes of the August 14, 1996, meeting of the Board of Adjustment, as printed. Brandt seconded. The motion carried on a vote of 5-0. SPECIAL EXCEPTIONNARIANCE ITEMS: EXC96-0012NAR96-0001. Public hearing on a reconsideration of an August 14, 1996, Board decision on an application submitted by Jerry Moritz and Rick Hanson for a special exception to permit a front yard modification and for a variance to allow stacked parking for property located in the Neighborhood Conservation Residential {RNC-1 2) zone at 1004-1006 E. Market Street. Lehman announced that as he is the contact person for this application, he will abstain from any discussion or votes on this matter. Kugler reminded the Board that this application had been before the Board the previous two meetings. In July, the applicant requested a special exception to reduce the front yard requirement from 20 feet to 0 feet for the width of the existing driveway, and to allow the addition of two paved parking areas alongside the existing driveways on these properties, At that time concern was expressed by the Board, as well as neigh- borhood residents, about the additional front yard pavement. Staff was directed to seek an alternative solution, At the August meeting, a request was brought before the Board for a front yard modification and a variance to allow, basically, the status quo, that is to allow stacked parking in the driveway to be legal and to meet the parking requirement for this property. At that time the vote was 2-1-1, and less than 3 votes for approval is considered a denial by the Board. The applicant has requested that this item be reconsidered now that a full Board is present. Kugler said staff recommends that EXC96-0012NAR96-0001, a request for reconsid- eration of a special exception to reduce the front yard requirement from 20 feet to 0 Iowa City Board of Adjustment September 11, 1996 Page 2 feet for the 24 foot width of the existing driveway, and a request for a variance to allow the two required parking spaces per unit to be located one behind the other, to permit required parking spaces to be located within the existing driveway on the property located in the RNC-12, Neighborhood Conservation Residential zone at 1004- 1006 E. Market Street be approved, subject to meeting the right-of-way tree require- ments for this property. Eckhardt asked for a history of the parking requirements for the site. Kugler said the requirement is different today than in 1991, when the structure was built. Two spaces were required per unit along Market Street at that time, and now three spaces would be required per unit. Brandt said it is his understanding that the units were owner-occupied when constructed in 1991, and since then became rental units. Brandt asked whether stacking would have been allowed at that time. Kugler said that the parking requirements are based on the number of dwelling units and number of bed- rooms, not on how they are occupied. Brandt asked whether the deficiencies have been cleared up. Kugler said the deficien- cies must be resolved before a rental permit is issued. Brandt said he feels the City has shown leniency in considering the allowance for the exception and variance, and he thought the property owners should show good faith to clear the deficiencies up as soon as possible. Brandt said he had asked at the previous meeting whether a boat was allowed to remain in a required parking space in the garage, and that it was the opinion of legal staff that it was allowable. Brandt asked whether the Board could place a condition on the variance concerning how the space should be used. Holecek said yes, but it may not be enforceable Kugler said there are size limitations in the Code that restrict the parking of "special vehicles," but the boat does not exceed the size limitation. Brandt said he had also asked at the previous meeting about the "for rent" sign that was posted, and whether this was legaJ when the building has not been approved for a rental permit. Kugler said it is his understanding that the violation may continue while the matter is pending before the Board. Brandt asked, then, if it is the case that he may start renting out space and not have to worry about getting a rental permit until it has been ruled by a governmental body that he must. Haigh asked whether the tenants would be evicted should the Board deny this request and the rental permit be denied. Holecek said most leases contain an Impossibility of Performance clause where, should a lease be unable to continue due to action of the law, then there is notice of impossibility of performance and the lease is broken. Haigh questioned whether the Board may be liable in this case. Holecek said any challenge to Board action would be handled in District Court, where grounds for Board liability may be based on the Board found acting in an illegal manner or failing to act on sufficient facts. Public hearing: Richard W, Hanson, 317 Monroe Street, said he is the current owner of 1004 E. Market Street. Hanson said he had purchased the property in September 1995, two months into a year lease which lasted through July 1996. The unit has since been rented, again, for another year. Hanson said he requested his first rental permit in Iowa C,ty Board of Adjustment September 11, 1996 Page 3 1995, but he noted it has been a rental unit since it was built. At the time the 1 995 rental permit was requested, two deficiencies were discovered and resolved ~mmedi- ately, these included lack of a fire extinguisher and combustibles located near the furnace. Regarding the tree deficiency, Hanson said all of the required right-of-way trees are now in place. Hanson said that as he has received no follow-up regarding these deficiencies, he assumes everything has been resolved. Brandt explained to Hanson, who had been absent from the previous meetings, that there are several conflicting issues at play here. On the one hand, no one seems to want more pavement, or spillover in the neighborhood of additional cars parking on the street, yet there is the garage which is occupied by a boat. Brandt asked whether Hanson had somewhere else to park the boat. Hanson said he is not sure he under- stands the issue, because the boat is legally allowed in the zone and in the place in which it is parked. Brandt agreed that it is a legal parking space, but said it is a matter of attempting to accommodate the residential parking requirements, and perhaps more importantly, the neighborhood, Nancy Carlson, 1002 E. Jefferson Street. said regarding the original status of the building, the structure was originally built for owner-occupancy, but as no one ap- peared to be interested in purchasing it for owner-occupancy, it was put up for rent. She said under the current zoning, the triplex could not be built... only a duplex with three single people per unit would be permitted. Carlson said this property has become a black hole for the neighborhood; it sucks away amenities, and doesn't contribute any good. Regarding the trees, Carlson said they may have met the requirements, but two of the hardwood maples were planted so close together that at some point one of these will die. Carlson said the neighbors have attempted to grant some flexibility in this entire affair, and had fully accepted the amended plan reviewed at the previous meeting, but said the property owners continue to show a lack of respect for the neighborhood and it is becoming especially difficult to continue to work with them. Bender asked if the neighborhood still supported the staff recommendation to have less paving in the front yard. Carlson said yes, she just wanted to express the frustration of the neighbors who are trying to act in an honorable way when the absentee land- lords think they have all the rights. Public hearing closed. MOTION FOR RECONSIDERATION: Eckhardt moved and Brandt seconded the motion to reconsider EXC96-0012 and VAR96-0001. The motion carried on a vote of 4-0-1, with Lehman abstainino. MOTION: Haigh moved and Brandt seconded the motion to approve EXC96- 0012/VAR96-0001, a request for a special exception to reduce the front yard require- ment from 20 feet to 0 feet for the 24ofoot width of the existing driveway, and a request for a variance to allow the two required parking spaces per unit to be located one behind the other, to permit required parking spaces to be located within the existing driveway on the property located in the RNC-12, Neighborhood Conservation Residential zone at 1004-1006 E. Market Street, subject to meeting the right-of-way tree requirements for this property. Eckhardt asked for some general Board discussion prior to its expressing findings of fact. Brandt felt the Board was searching for a way not to put owners out of business, Iowa City Board of Adjustment September 11, 1996 Page 4 and yet accommodate the neighbors by not adding a lot of cement. The existing parking situation would be acceptable if the structure were a duplex, and that is the way the Market Street side functions. Brandt said he would like to place a condition to prohibit the boat from being parked in a required parking place. Bender said she shared his perturbation about the garage. She also agreed the Boi~rd was trying to make the best out of a really bad situation. Haigh said there appear to be three options: 1) approve the request as written; 2) deny it all together; or 3) only approve the exception for a front yard modification. Haigh said it would appear to be in the best interest of both the owners and the neighborhood to approve the motion as stated. This would basically leave things as they are. Brandt said the boat issue is the only stickler, and that in his mind {he owner will not be showing good faith if he does not find another location for it. Brandt said he feels a reasonable compromise has been reached that would allow the status quo to contin- ue. Brandt said safety and aesthetic concerns will not be worse as a result of approv- ing this motion. Bender said she does not feel much differently now than she did last month. She said everyone has given a little in order to resolve a problematic situation. Bender said she found the partition in the garage for the party/smoking room obscene and hopes that has come down. She said that this is a unique situation all around, in terms of the circumstances that led to this point, the layout of the lot, and the configuration of the building. She said the use of the property will not be substantially changed by the Board decision, Bender said she does not see an increased threat to safety or aesthet- ics as a result of approving the request; that the Board decision appears to leave things as they exist, She pointed out the rezoning of this neighborhood came subsequent to this structure being built. Bender did note that she would hope the conservation overlay zoning would alleviate this type of situation from occurring again in this neighborhood. Bender said she also shares the frustration of the neighborhood as expressed in the comments made by Carlson. Bender said the Board is trying to make the best of a situation that got out of hand, yet was of no making by the owners, the neighbors, or this Board. She said the Board is trying to find a solution that everyone can live with. She said it would not be reasonable, given the circumstances, to force the property owners to convert four bedroom units to one-bedroom apartments. Bender said she does not see many other options available for solving this situation and that in the interests of justice, she will vote to approve both the exception and the variance. Eckhardt said she will reluctantly vote in favor of the motion. She said th~s decision is difficult, but there do not appear to be other options. The motion carried on a vote of 4-0-1, with Lehman abstainino. EXC96-0016. Public hearing on an application submitted by Jeff Schabilion for a special exception to modify the side yard requirements for property located in the Medium Density Single-Family Residential (RS-8) zone at 431 Rundell Street. Eckhardt announced that the applicant has requested a deferral of this item. Iowa City Board of Adjustment September 11, 1996 Page 5 MOTION: Bender moved and Haigh eeconded the motion to defer EXC96-0016 indefinitely. The motion carried on e vote-of 6-0. EXC96-002(~. Public hearing on an application submitted by Regina Catholic Education Center for a special exception to permit aq expansion of a religious institution, that is, to allow construction of a 30-foot by 40-foot track and field r~aterials storage building on property located in the Low Density Si.ngle-Family Residential (RS-5) zone at 2140 Rochester Avenue. Rockwell said the applicant would like to construct a 30-foot by 40-foot track and field materials storage building immediately west of the existing track in the northeast area of the 41 acre Regina campus. A religious institution, including a school, can only be established or expanded in the RS-5 zone by special exception, and must also meet additional regulations concerning access ~nd dimensional requirements for a religious institution, as set forth in Article L of the Zoning Chapter. The additional requirements for access, lot size and setbacks are met by the applicant. Rockwell said the modest-sized building has the appearance of a garage, and is pro- posed to be constructed as a part of the Regina campus sports complex in the north- east portion of the property. Because the property is large, the storage building can be located at a considerable distance from adjacent residential properties, and will be partially buffered on the north by an existing band of trees and a city park. Due to its proposed size and location, the track and field materials storage building should not prove intrusive or incompatible with surrounding residential development. Rockwell said the presence of steep slopes and a 3.1 acre woodland on the Regina property requires the submittal and approval of a Sensitive Areas Site Plan. The site plan review will be handled administratively by City staff. The storage building will be located on relatively flat ground that was previously graded during construction of the track. No grading or excavation will occur as part of the project. As a consequence, no steep slopes or woodland area will be impacted by the construction of the building as proposed. Rockwell said staff recommends that EXC96-0020, a special exception to expand a religious institution, that is, to construct a 30-foot by 40-foot track and field materials storage shed on a flat, previously graded site immediately west of the existing track on the Regina campus located at 21 40 Rochester Avenue be approved. Rockwell said she had received no telephone calls or letters concerning this applica- tion, but Richard (Sandy) Rhodes had stopped by the office to ask whether sensitive areas on the site would be impacted. Rhodes appeared to be satisfied that the project would not negatively impact sensitive features on the site. Public hearing: Marian Kerr. 813 Bluffwood Drive, President of the Regina Booster Club, said she, George Kerr and Randy Miller were present to ask approval of the special exception as stated in the staff report. Public hearing closed. Iowa City Board of Adjustment September 11, 1996 Page 6 MOTION: Bender moved and Lehman aeconded the motion to approve EXC96-0020, a special exception to expand a religious institution, that is, to construct a 30-foot by 40-foot track and field materials storage shed on a flat, previously graded site immedi- ately west of the existing track on the Regina campus located at 2140 Rochester Avenue. Bender said th.e request meets all of the review standards. It does not appear to impact the neighbors. no negative comments have been received, and the request does not negatively impact the environment. She said she sees no reason not to approve this request, Bender added that the request meets the setback requirement eight or nine times over. Brandt echoed the comments made by Bender, and said he had the time to go to the site and look it'over. He said he does not see that the sensitive areas will be impacted in any way, or that there will be any negative impacts on nearby residences. Lehman agreed with Bender and Brandt regarding the apparent lack of impact on sensitive areas on this 41 acre site. Lehman also said he does not see construction of this facility as a threat to public health, safety and welfare. Therefore, he will vote in favor of the request. Eckhardt said she does not see any fault in the request and will vote in favor. The motion carried on a vote of ~-0. EXC96-0021, Public hearing on an application submitted by Victor and Donna Zender, on behalf of property owner IES Industries, for a special exception to permit a beauty parlor to be established on property located in the Commercial Office (C0-1) zone at 2 Rocky Shore Drive. Rockwell said the applicants intend to establish a six-chair beauty shop in the former Gazette office building on the site, and are purchasing additional property on the north edge of the site to provide sufficient space on the site for required improvements, including a right-of-way tree, six parking spaces, a bike rack and an enclosed dump- star. A beauty parlor can only be established in the C0-1 zone by special exception. The proposed beauty salon should prove compatible with both the adjacent uses in the Highway Commercial (CH-1) zoned property to the west and the single-family residen- tial properties to the north, and can serve as a buffer between these uses. Rockwell reminded the Board that it had recently considered an application for a pizza delivery business on the site. She noted that the vehicular trips per day to and from the property and the time of day usage of the beauty salon would be equivalent to an office use, which is permitted by right in the CO-1 zone. The traffic generated by the salon will not occur during the peak traffic period in the mornings, but may overlap at least three evenings a week with rush hour traffic at the Highway 6/Rocky Shore Drive intersection. Calculations for the average vehicle trips per day indicate there would be an average of 110 vehicles per day entering and exiting the property on the days when the beauty salon is open the most hours. This is comparable to an office use, which would have an average of 113 vehicle trips per day, and considerably less than a pizza delivery business which would generate an average of 194 vehicle trips per day. Iowa City Board of Adjustment September 11, 1996 Page 7 Rockwell said the amount of traffic generated by the beauty salon may contribute to some delays at the intersection, but should not create undue traffic safety problems, or cause an unacceptable level of traffic to be redirected through the adjacent residen- tial neighborhood to the north. The driveway entrance will be narrowed and pulled back from the high traffic intersection, which will result in a safer entry/exit point for the property. Rockwell said the site plan submitted by the applicants indicate that the beauty salon can meet the parking requirements for a beauty salon in the CO-1 zone. Specifically, the applicants are proposing a six-chair beauty parlor, which requires two parking spaces per chair, or a total of 12 off-street parking spaces. The site plan shows a total of 13 parking spaces. Rockwell said staff recommends that EXC96-0021, a special exception to permit a six- chair beauty parlor to be established in the CO-1 zone at the 2 Rocky Shore Drive property be approved. Rockwell said she had received two telephone calls from neighboring property owners on this item; one from Jean Hood and the other from Barbara Elliott. Hood felt minor, additional traffic backups would likely result from the installation of the salon. Hood said she did not oppose the salon, but said she would prefer that the City purchase the site and turn it into green space for an entry into the city. Elliott said she had contact- ed all of the residents who were involved in the previous request for the site, and although there was no noteworthy opposition, a number of individuals would prefer that the site be converted into green space. In response to a question from Haigh, Rockwell explained how the 110 vehicle trips per day for the six-chair beauty salon were calculated. Public hearing: Vic Zender, 3051 12th Avenue Ext. NE, co-applicant, said he is representing Donna Zender who is out of town. Zender mainly wished to emphasize that they intend to vastly improve the appearance of the site and briefly explained what these improve- ments would entail. Public hearing closed. MOTION: Haigh moved and Bender seconded the motion to approve EXC96-O021, a special exception to permit a six-chair beauty parlor to be established in the CO-1 zone at the 2 Rocky Shore Drive property. Haigh said traffic is a concern, but said the beauty parlor won't generate that many cars per day. He said people manage to get on and off the site and park there on game days when traffic is heavy. The surrounding residents are not opposed. He said he will vote in favor of the request. Haigh said this seems to be one of the best uses for the site. Lehman asked whether the City has considered purchasing the site, Bender said she doubted it, because this area of the community already has a number of parks as well as an elementary school playground. Iowa City Board of Adjustment September 11, 1996 ' Page 8 Bender reminded the Commission that the previous application for the site had nearly doubled the minimum daily trips in and out of the site that the current request entails, and said she finds the numbers in this request much more reasonable, considering the difficulty of maneuvering on and off from the site at a high traffic intersection. She said the neighbors were opposed to a business that would create high amounts of traffic, but are not in opposition to the beauty parlor. Bender said she feels the intent of the CO-1 zone is met in this instance, because the proposed use would have limited impact on the neighboring residential zone and provides a good transition. Bender also appreciated the site improvements the applicants intend to make. Bender added that although a minor impact on public safety may occur, she cannot imagine a much better use of the site. Brandt said if something has to develop on the site, this would be one of the best possible uses. Brandt said the fact that the traffic counts will be low and spread throughout the day also weighs in favor of the request. Improvements to the appear- ance of the site were also mentioned. Brandt said although the green space proposal is a good idea, it is not likely that the City will be able to spend its money in that way. Eckhardt said the request is reasonable and well within the intent of the zone, so she will vote in favor. The motion carried on a vote of 5-0, EXC96-0022. Public hearing on an application submitted by Shirley Young for a spe- cial exception to modify the front yard requirement along Dartmouth Street for proper- ty located in the Low Density Single-Family Residential (RS-5) zone at 3041 Washing- ton Street. Yapp said the applicant had a six-foot high fence constructed in the front yard of her property. According to City Code, fences are not allowed to exceed four feet in height in the front yard. The applicant has filed e special exception to seek relief from this requirement, and to reduce the front yard setback from twenty feet to one foot along the Dartmouth Street right-of-way. Because the fence begins approximately one foot off the property line along Dartmouth Street, the applicant will also need a special exception from the Zoning Chapter, which states "Fences and hedges shall be located so no part thereof is within two feet of any alley or street right-of-way line." Yapp said in researching this case, staff found that the fence also encroaches into the vision triangle required at intersections. The fence currently encroaches into this vision triangle by approximately five feet. Because of the high pedestrian traffic associated with the Letoroe Elementary School located directly across the street, this ra~ses concern about adequate sight distance. The fence begins approximately five feet off the Dartmouth Street sidewalk, but only one foot off the right-of-way property line. The six- foot height of the fence is two feet higher than is permitted in the front yard, and encroaches into the required vision triangle for intersections. As the applicant has noted, there is some peculiarity to the property. The grade of the area slopes from Dartmouth Street down to the house, placing the house and the subject yard at a slightly lower elevation than the street and sidewalk. In addition, a utility easement on the western side yard has restricted the possibility of enclosing it with a permanent fence. Iowa City Board of Adjustment September 11, 1996 Page 9 Yapp said the reduction of the front yard from twenty feet to one foot for the forty- five foot length of the fence will decrease the yard by 61%, which staff-feels is fairly significant. Staff believes the qualitative encroachment is not as great, as the fence is set back five feet from the sidewalk, and encloses the yard abutting the side and to the rear of the house, Yapp said a feasible alternative in lieu of the exception is that the fence could be reconstructed as a four foot high fence and would not require the yard modification. Yapp said setbacks are established to ensure adequate light and air on and around properties, to maintain a feeling of openness in the neighborhood, and to ensure adequate room for access for emergency vehicles. With regard to the fence encroach- ing within two feet of the Dartmouth Street right-of-way line, most street right-of-way lines begin within one foot of the edge of the sidewalk. The Dartmouth Street right-of- way begins four feet from the edge of the sidewalk, and the fence approximately one foot beyond that. Due to the unusual location of the property line, staff believes the interests of justice would be served by allowing the fence to remain one foot off the right-of-way line. Yal~p said although staff agrees with the applicant that the fence is set back far enough from the sidewalks not to impede pedestrian traffic, the vision triangle require- ment in the Zoning Chapter indicates that the fence is not set back far-enough from the intersection of street right-of-way lines. The fence can be cornered-off at a forty- five degree angle to meet this requirement, and still enclose the yard as the applicant desires. Yapp said an additional concern with the public health and safety is with the sight distance from the neighboring property to the south, which has a driveway that is located parallel to the fence. Although the neighbor has written on a petition that sight distance is not a problem, staff believes it would be a problem if someone were to exit the driveway at a high speed. Therefore, staff recommends that five feet of the fence be removed from the southeast corner to form a forty-five degree angle. This proposal is based on the requirement that no garage may be located within ten feet of an alley right-of-way line for reasons of sight distance. Removing five feet from the length of the fence would cause the fence on the south property line to begin ten feet from the sidewalk, similar to a garage set back ten feet from an alley right-of-way line. Al- though the current neighbor to the south has stated that sight distance is not a prob- lem, staff believes it would be wise to improve the sight distance from the driveway, especially due to the high number of children walking in the neighborhood. Yapp said, therefore, staff recommends that EXC96-0022, a special exception to reduce the front yard requirement from twenty feet to one foot along the forty-five foot width of the fence at 3041 Washington Street, and to allow the fence to begin within one foot of the Dartmouth Street right-of-way line, be approved, subject to 1) the corner of the fence within the required intersection vision triangle being altered so no part of the fence is within the vision triangle, and 2) the southeast corner of the fence being altered so the southern edge of the fence is set back a minimum of ten feet from the sidewalk to form a forty-five degree angle to the Dartmouth Street right- of-way line. Yapp pointed out that he had received atelephone call from a gentleman who lives on Sweet Briar Avenue, who was in favor of the fence as it now stands. Iowa City Board of Adjustment September 11, 1996 Page 10 Public hearing: Shirlev Youncl, 3041 Washin(~ton Street, the applicant, said she had contacted the Department of Housing and inspection Services and was told by an individual there that no permits were needed and that there wa,~ no mention of other restrictions. Young said the neighbor to the south was contacted and had no objection to the fence. The fence was constructed because a hedge had existed along the sidewalk that was actually taller than the fence, and it was felt a fence would be an improve- ment to the lot, as well as the neighborhood. Young said although they were not aware of the vision triangle at the time of construction, the fence was certainly built with visibility in mind. The hedges were ten feet high and closer to the sidewalk, and hampered visibility more than the fence. Susan Struve, Dartmouth Street, the neighbor directly to the south, said she does not feel the forty-five degree angle on the southeast corner is necessary, because she currently has plenty of sight distance and can, in fact, see all the way up and down Dartmouth from a stopped position at the end of her drive. Struve said she always stops prior to the sidewalk to look both ways and that there is better sight distance now than there was when the hedges were in place. Nancy Dooley, 120 Dartmouth Street, who lives across the street to the east and two houses south from the intorsection, wished to stress that the fence is certainly more attractive and less of a nuisance than the hedge. Dooley said she does not see any visual obstruction caused by the fence for any school child walking by. Dooley said two cars pulled up to the intersection on Dartmouth Street can see all the way down Washington Street, until the vision is blocked by a tree at the curve. Dooley also pointed out that the intersection is a four-way stop. Carol Miller, 3017 WashinQton Street, said shaturns onto Dartmouth Street every day, and maneuvers in the opposite direction coming home, and that she has found no sight distance obstcuction. Miller said she does not understand the complaint and that the apparent problem would be even less significant now that a four-way stop exists at the intersection. Cheryl Smith-Rossetti. 3028 Sweet Briar, stated that she has no problem seeing at that intersection. She said the property is sloped. She noted that the fence was a long time under construction, and if there was a problem with its height and location, the City should have addressed it during the time it was under construction. She said she supports the fence remaining as it is. Rick Helwig, 3018 E. WashinQton, said he is the neighbor across the street and he wanted to appeal to the Board to leave the fence as it is. Bob Keatino, 3105 E. Washineton, said he finds the fence attractive. He said it is difficult to understand the difference between a living and a dead fence; why a fence isn't permitted when a hedge is. He said because it is in a school area, people don't back out fast. He said the fence doesn't interfere with traffic on Dartmouth. He felt that altering the fence as recommended by staff would destroy it to the benefit of no one. He said the visibility is o.k. at the intersection. Iowa City Board of Adjustment September 11, 1996 Page 11 Dale Miller, 3017 E. Washinclton, asked the Board to let the fence stay as it is. He thought the Board should make some resolution so people are aware of the regulations and don't inadvertently build a fence where it isn't allowed. He said the rules need to be in black and white. MaQaie KeatinQ, 3105 I~. Washinoton. wished to point out that she was not aware that just because they live on a corner lot, as does Young, that they had two front yards. Keating felt there should be more education to make people in the community aware of this and the extra regulations for owners of corner lots. Public hearing closed. Yapp pointed out that the Board does have the flexibility to change the recommenda- tion regarding the southeast corner of the fence, however, any change to the recom- mendation for the northeast corner of the fence, where the vision triangle exists, would require an application for a variance. The thirty feet from right-of-way lines regulation applies city-wide to residential streets to ensure sight distance. Brandt asked for clarification on the need for the variance. Yapp asked legal staff whether the current application may be amended to include a variance, if needed. Holecek said the application may be amended to include the variance, but pointed out that public notice and proper advertisement of the variance has not yet been given, so the Board would not be able to act on a variance tonight. Holecek suggested the Board defer this item tonight, and review all the issues again, the special exception and the variance, at the October meeting. Brandt said he would like staff to attempt to come up with a solution in which the applicant will not have to alter the fence, be- cause he feels the vision is adequate, the neighbors do as well, and because prior to constructing the fence the applicant had inquired into what would be legal and was not told that her fence woold violate code requirements. Eckhardt asked whether this will meet the test for the granting of a variance. Rockwell said this is something staff will need to evaluate. Holecek said the applicant must grant permission to combine the variance in with the special exception, and to have the Board consider this item again next month. Young gave permission for staff to proceed with evaluation of the special exception and variance. MOTION: Haigh moved and Lehman seconded the motion to defer EXC96-0022, until the October 9, 1996, meeting of the Board of Adjustment. Eckhardt said she finds the fence oppressive and not in compliance, and feels that the northeast corner should be corrected. Eckhardt said she would think the neighbor to the south would find the fence objectionable, if only for aesthetic reasons. On the other hand, Eckhardt noted that apparently the neighbors feel otherwise and that there is no need for a change. Haigh said he is agreeable to all aspects of the staff recommendation, except for the inclusion of the angle on the southeast corner of the fence, and asked how this might be excluded. Holecek said just exclude it from the motion. Brandt said that when he first observed the site plan, he felt there might be some issues regarding adequate vision of the sidewalk and street for someone pulling out of Iowa City Board of Adjustment September 11, 1996 Page 12 the drive directly to the south of the fence. However, when he drove by the property, he found there appeared to be more than adequate vision to observe anyone that may be on the sidewalk or the street. Brandt said he even has some trouble accepting the vision triangle concept for the northeast corner of the fence, because there appeared to be more than adequate visibility. Bender said we often see these situations with corner lots. Most people don't realize that these side yards are considered a front yard and they have to contend with setback and vision triangle issues. The motion carried on a vote of 5-0. EXC96-0023. Public hearing on an application submitted by Kevin Kidwell and John Cress, on behalf of property owner Plum Grove Acres, Inc., for a special exception to permit a filling station, that is, a convenience store with gas pumps, and a one-bay car wash as an accessory use, for property located in the Neighborhood Commercial (CN- 1) zone at 370 Scott Court. Rockwell said the applicants would like to establish a convenience store with four gas pumps and a one-bay car wash in the Neighborhood Commercial zone at 370 Scott Court. The site plan indicates that the building would also contain a separate area for retail stores facing Court Street. The gas pumps and the car wash are permitted only through the granting of a special exception by the Board of Adjustment. Rockwell said the Neighborhood Commercial zone is intended to permit the develop- ment of retail sales and personal services required to meet the day-to-day needs of a fully developed residential neighborhood. A convenience store with gas pumps and a one-bay car wash will serve the day-to-day needs of neighborhood residents. Rockwell said the proposed development will add economic value to the currently vacant proper- ty and will provide services for area residents that are not currently available in this vicinity. Rockwell said, in terms of the technical requirements to allow a filling station in this area, the site plan indicates that the gas pumps and the underground storage tanks will meet the minimum separation distance of 100 feet from the nearest residential zone. She also noted that the one-bay car wash meets the requirement of having at least three stacking spaces available, and these stacking spaces will not encroach into a drive that is designed to carry two-way traffic. Rockwell said the staff report addresses neighborhood commercial design guidelines in some detail, because of the intensive use being requested for the site and the consequent ~mpacts on the surrounding neighborhood. The CN-1 zone encourages the installation of pedestrian pathways that create safe, accessible pathways between the proposed businesses and the public sidewalk. The applicants have revised the site plan to include a textured pedestrian pathway connecting the building and the Court Street sidewalk. To increase the safety of this pedestrian access and to improve the appearance of the development, the applicants have also agreed to narrow the paving to the south of the building to decrease the length of the pedestrian walkway that crosses the two-way drive. A landscaped island between the pedestrian pathway and vehicular activity associated with the gas pumps was lengthened for increased safety. The applicants have also reoriented the retail shops on the site plan so that they face Iowa City Board of Adjustment September 11, 1996 Page 13 Court Street and the connecting pedestrian pathway, instead of Scott Boulevard, where a steep embankment will be created when the site is graded and developed. Rockwell said the impact of the filling station on neighboring residential properties is lessened somewhat by facing the gas pumps toward the interior of the commercial zone, that is, toward Scott Court. The lighting of the operation is required to be downcast. To lessen the potential for noise from this business on neighboring property owners, staff recommends that no outdoor speaker system be permitted on the property. Rockwell said in addition to the required right-of-way trees along Court Street and Scott Boulevard and the evergreen screening required along Court Street, staff recom- mends that landscaping be planted and maintained along the south and east facades of the building to soften the appearance of the extensive paved parking area and commercial appearance of the building. The applicant has shown landscaping on the southwest and south sides of the building, but not the east side facing Scott Boule- vard. Rockwell said the design guidelines for neighborhood commercial zones also encourage the use of modular masonry material, such as brick and concrete pavers or a griddad cast-in-place concrete as paving materials and accents in order to define pedestrian walkways and to improve the appearance of paved areas. Rockwell said a note should be added to the site plan and a note submitted by the applicant verifying that the applicant will install the four foot wide sidewalks along Court Street and Scott Court, as well as the textured pedestrian pathway across the parking drive connecting the building and the Court Street sidewalk. Rockwell said the total number of parking spaces required for uses on the site is 23 spaces. Although 23 parking spaces are shown on the site, two are parallel spaces to be located on the south edge of the south drive and are shown as landbanked, because this will allow paving to be pulled back from the Court Street right-of-way and will reduce the length of the pedestrian pathway from 32 feet to 24 feet or less. Rockwell said staff recommends that EXC96-0023, a special exception to permit four gas pump islands and a one-bay car wash to be located on property in the CN-1 zone at 370 Scott Court be approved, subject to the applicants 1) narrowing the paving south of the building by landbanking the two parallel parking spaces on the south to ensure that the length of the pedestrian pathway where it crosses the two-way drive does not exceed 24 feet and to lessen the amount of paving on the site, 2) extending a landscaped island to the south between the pedestrian pathway and the vehicular activity associated with the gas pumps, 3) at a minimum, providing retail/eatery shops on the entire south side of the building, as generally designated on the site plan submitted September 6, 1996, 4) not permitting an outdoor speaker system on the property, 5) installing and maintaining landscaping along the south (Court Street) and east (Scott Boulevard) building facades, 6) providing a textured design in the sidewalk paving that surrounds the building, and 7) placing a note on the site plan and submit- ting a letter of credit verifying that the applicants will construct the four-foot wide sidewalks along Court Street and Scott Court, and a six-foot wide, textured, connect- ing pedestrian sidewalk between the commercial building and the Court Street side- walk, pr~or to receipt of a certificate of occupancy for any business locating in the new commercial building on Lots 178 and 179, Court Hill-Scott Blvd., Part IX. Iowa City Board of Adjustment September 11. 1996 Page 14 Rockwell said the number of conditions is related to the intensive commercial use requested for this site and its impact on the surrounding residential area. Rockwell said she had received a telephone call and a letter from Mark Phillips, a copy of which the Board members have received, which supports the application as long as there is no contamination from the gas storage tanks. Rockwell said this is handled by State and Federal law. Phillips also asks that no direct access be provided onto Court Street or Scott Boulevard. Rockwell said the Subdivider's Agreement for this commercial area prohibits access from this property onto any street except Scott Court.. Rockwell said she had also received a telephone call from Karl Kuhlman, 419 Peterson Street, who prefers residential development in the area and would not care to see any commercial development, certainly not a gas station. Kuhlman expressed great concern for the safety of children in the area and their need to cross the already busy arterials of Scott Boulevard and Court Street in order to access park land, the elemen- tary school, etc. Rockwell said Kuhlman asks that the Board deny this request. Rockwell said she also received a telephone call from Karla Dilburn, 3411 Shamrock Drive, who expressed concern about traffic and child safety. Dilburn, who has chil- dren, said the situation is already unsafe for children who need access to school, the soccer fields, and the summer playground program. Scott Boulevard, in particular, is a truck route with heavy traffic and many motorists who do not obey the speed limit now. She said the gas station will just add to the problem. Eckhardt said this subdivision has been developing on a very piecemeal basis and said that it has been difficult to see the entire concept of the Neighborhood Commercial zone when there has been no master plan on how the City would like these to develop. Public hearing: John Cress. 2101 Banburv Circle NE, the applicant, said he and his partner Kevin Kidwell have already added landscape beds to the site plan that are not required in the Neighborhood Commercial zone. Cress said they feel the development will be vital to the neighborhood and community. Cress said they intend to install underground storage tanks, as well as a recovery system which is not currently required by the State, therefore, this will be above the standards. Cress said they agree to the land- banked parking, but would like the connecting sidewalk to remain four feet wide, as depicted on the site plan. Cress said they are not crazy about the idea of landscaping the east facade, because this would take away from the parking area. Regarding the sound system to the pumps, Cress said they are willing to drop this if it is not a State requirement. Cress said that should the State require a sound system, they would maintain it at the lowest volume possibie. Holecek said she was not able to locate anything in the State Code nor Administrative Code which would require a sound system. Holecek said if it is required, there are other means of maintaining communication to the pumps other than a loud speaker. Holecek clarified for the record that the applicant would rather not install additional landscaping on the east side of the building, and would prefer a four-foot wide instead of a six-foot wide pedestrian walkway adjoining the structure to the Court Street sidewalk, but that the applicant is agreeable to the remaining conditions. Cress acknowledged this is largely correct, but added that they would rather paint the curbs Iowa City Soard of Adjustment September 11, 1996 Page 15 instead of providing a textured design in the sidewalk surrounding the building as required in condition number six. Eric Griffin. 3419 E. Court Street, said he is the Vice President of the Normandy Court Condominium Association located on East Court Street and represents the twenty-two resident owners, several of which were on hand this evening, but could not remain for such a long meeting. Griffin said he is concerned about a several hundred percent increase in the population and traffic they have witnessed in the area in the last several years. Griffin said they had submitted an opinion piece to the Press-Citizen last spring, objecting to the Mid-Town Family Restaurant, which has since received approval to construct a new restaurant on Scott Court. Griffin said the Association would also like to comment about the non-uniform zoning and construction which has been occurring in the area. Griffin said this includes a couple of barn-like condominium structures, which are apartments in reality, and a doctors office an~J a dance studio, both of which do not stir up a great deal of traffic. Griffin said Scott Boulevard is used as an 1-80 detour for trucks and has a great deal of traffic, including semis. Griffin said this considerable traffic has begun to lessen and make more difficult the use of the pedes- trian and bicycle path along Scott Boulevard. Griffin said there is already a safety issue concerning children attempting to cross Scott Boulevard or Court Street in order to go to school, the park, etc. Griffin also feels the area market is saturated with this type of convenience store/car wash, it will likely have a~egative impact on the appear- ance and land values within the neighborhood. And finally, Griffin noted that if more inquiries were not received by the City, it is probably because the sign was posted well back from the sidewalk and is leaning over. Griffin passed around a photograph of the sign. Public hearing closed. Eckhardt reiterated her displeasure for the lack of a master plan for this area and for CN-1 zones in general. Rockwell said recent Code revisions require a master plan for neighborhood commercial areas that are 10 acres or more in size. In this case, the subdivision was approved a number of years ago, prior to the design standards for CN- I zones being in place. MOTION: Brandt moved and Haigh seconded the motion to approve EXC96-0023, a special exception to permit four gas pump islands and a one-bay car wash to be located on property in the CN-1 zone at 370 Scott Court, subject to the applicants 1 } narrowing the paving south of the building by landbanking the two parallel parking spaces on the south to ensure that the length of the pedestrian pathway where it crosses the two-way drive does not exceed 24 feet and to lessen the amount of paving on the site, 2) extending a landscaped island to the south between the pedes- trian pathway and the vehicular activity associated with the gas pumps, 3) at a minimum, providing retail/eatery shops on the entire south side of the building, as generally designated on the site plan submitted September 6, 1996, 4) not permitting an outdoor speaker system on the property, 5) installing and maintaining landscaping along the south {Court E~treet} building facade, 6) providing a textured design in the sidewalk paving that surrounds the building, and 7) placing a note on the site plan and submitting a letter of credit verifying that the applicants will construct the four-foot wide sidewalks along Court Street and Scott Court, and a six-foot wide, textured, connecting pedestrian sidewalk between the commercial building and the Court Street Iowa City Board of Adjustment September 11, 1996 Page 16 sidewalk, prior to receipt of a certificate of occupancy for any b[~siness locating in the new commercial building on Lots 178 and 179, Court Hill-Scott Blvd., Part IX. Haigh said the use is permitted in the zone. Haigh felt staff and the applicant have worked together to arrive at.an attractive site plan. As far as traffic is concerned, Haigh said he is sure the proposed use will draw some patronage from outside of the neighborhood, but noted that the site is very accessible from two major arterials and that there really isn't another~facility of the type within a couple of miles. He thought it would primarily function as a neighborhood business. In regard to the piecemeal way this subdivision is developing, Haigh said part of the problem is that not many people are going to have the resources to submit proposals for commercial development of ten acres or more, so this piecemeal style is likely to continue. In terms of findings of fact, Haigh said it appears to meet the guidelines. Brandt said with the added conditions, the request does meet the standards for acceptance. Brandt said aithough the zone is designed to be neighborhood oriented, the gas pumps and car wash-may actually serve the surrounding neighborhood more so than some of the businesses that are already approved to go in, albeit their traffic will likely be less. Brandt compared this proposal to the Mid-Town Restaurant proposal and said that the number of parking spaces are about the same. Brandt said although the location of the convenience store adjacent to the arterials will cause it to bring in more patrons, it is located such that these patrons will not have to travel far from the main arterials, and generally not on local streets to access the site. Brandt noted the very nature of the convenience store will cause most of its patrons to be local. Brandt said the proposal is more likely to be an asset to the neighborhood than a detriment. Lehman said the Board does pay attention to the concerns of the neighbors, but said the fact remains that the Board cannot change the zoning. Lehman said there likely is a demand for such a store in the area, because another is not located within a couple of miles. Lehman said the amount of consumer demand in the area, in terms of residents and traffic on Scott Boulevard and Court Street, will likely make the store successful. Lehman expressed that he is concerned that the conditions City staff recommends is asking too much of an applicant and may hold up a development. Bender said she does not feelthe City is asking too much. Because this development will be located within a residential neighborhood, the City must be vigilant in assuring that design, traffic flow and public safety and welfare meet the standards. Bender said she, too, is concerned about the piecemeal nature of the development of this Neighbor- hood Commercial zone. Bender voiced concern for the neighbors, their safety, and that the proposed development is likely to draw patrons from a larger area than just the local neighborhood. However, Bender said the use is acceptable in the zone and the applicant has demonstrated that he is willing to work with the City, and has made several accommodations and has responded positively to many of the requests and requirements. And, Bender added that the request does meet the standards the Board must consider in reviewing a proposal special exception. Eckhardt said the extra effort put into the proposal to make it an attractive structure will be a benefit and help to draw the public to the site. Eckhardt said she does have concerns about the development of the entire area, the traffic, and public safety, but the current proposal is well-planned and does what it can to address these concerns. Iowa City Board of Adjustment September 11, 1996 Page 17 The motion canfled on a vote of 5-0. BOARD OF ADJUSTMENT INFORMATION: Bender will.be absent from the October 9, 1996, Board meeting. OTHER BUSINESS: There was none. ADJOURNMENT: Lehman moved and Bender seconded the motion to adjourn the meeting at 7:15 p.m. motion car~ed on a vote of 5-0. The Patricia Eckhardt, Chairperson ,~oard Secretary Minutes submitted by Jeff Hating. SIGN IN SHEET IOWA CITY BOARD OF ADJUSTMElT1' MEETING WF. DNESDAY, SEPTEMBER 11, 19~6- 4:30 P.M. CIVIC cEArTER COUNCIL CHAMBERS Name Address. 16. 17. 18, MINUTES IOWA CITY AIRPORT COI~MISSION THURSDAY SEPTEMBER ~2, 2996 - 5;~5 P.~. IOWa CITY TRANSIT F~CIL!TY MEMBERS PRESENT: Howard Horan, John Penick, Richard Blum Rick Mascari, Pat Foster STAFF PRESENT= Eleanor Dilkes, Ron O'Neil O~LL TO ORDER: Vice-chairperson Foster called the meeting to order at 5:48 p.m. aPPROVAL OF MINUTES~ The minutes of the August 15, 1996, meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Blum made a motion to approve the bills. Mascari seconded the motion and it was approved 4 - 0. The Commission asked O'Neil to include a monthly printout of all Airport expenses. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Robert Kistler, from the Sports Car Club of America, asked the Commission if they were still willing to host a sports car rally on September 22. O'Neil said the SCCA came to the Commission in the Spring to ask for permission to hold two rallies. The Commission voted to allow the SCCA to hold the two events. The first event had to be canceled and O'Neil attempted to contact the SCCA by phone and by letter to remind the club that they needed to send in an application, with damage deposit and certificate of insurance. The application for use of Airport property is required to be filed 30 days before the event. Since no application was received by August 22, it was assumed the SCCA no longer wanted to run the event. O'Neil received an application on September 11, requesting use of the Airport property. Blum said he could monitor the event. Penick said he would assist him. O'Neil reminded Kistler that the certificate of insurance needed to be reviewed before the event. Kistler said he would have the certificate to O'Neil by next week. 3,$'10 ITEMS FOR DISCUSSION/ACTION: a. Self fueling proposal - Mascari said he discussed this issue with Jones from Iowa City Flying Service. Mascari said that he told Jones the Commission discussed a 50/50 split for the paving improvements associated with installing the fueling system. Jones said he didn't think he would be pursuing the idea. Jones wanted to limit the number of people who had access to the system. O'Neil said he discussed the issue with Jones. Jones said maybe the Commission would want to install the system on his tanks. He also suggested the Commission may want to take over the fuel farm. Jones also told O'Neil he thought a containment area would have to be built if self service fuel is installed. Blum said the Commission should determine a long range goal on how fuel would be distributed at the Airport. The tanks owned by ICFS are 40 + years old and should be replaced in the near future. It should be determined if the tanks will be removed when the current ICFS lease expires or should they be removed before that ? This will be an agenda item next month and ICFS will be invited to discuss the issue. 1996 Master Plan - 1. Development property concept plan - Horan said the Commission should develop a five year strategy plan and include how the commercial property will be developed on the Airport. Several groups that have expressed interest in locating at the Airport and the Commission needs to have a developed and marketed. O'Neil Department to evolve a strategy 2. Land ac~uisition and drafted a scope of services for acquire the land and easements plan on how the property will be will meet with the City Planning for developing the property. easements - O'Neil said he has a consultant to develop a plan to as described in the Master Plan. Unless the Commission had modifications, O'Neil said he would proceed with advertising for a consulting firm. After some discussion, it was decided O'Neil should advertise in AAAE's Airport Reports, the C.R. Gazette, and the Des Moines Register. O'Neil said an airspace study was conducted on a property on South Gilbert Street. The FAA said the building was objectionable and should not be built. The proposed building is in the RPZ for Runway 24 and is shown in the Master Plan as requiring an avigation easement. O'Neil said he called Jan Monroe, the Planning Supervisor for the FAA, and he indicated the FAA wants the City to prohibit any new buildings in the RPZs. Blum said that instead of a finding on the airspace study, the FAA has sent a letter. The commission should request a finding to clarify the airspace study. The Commission directed O'Neil to contact Searle to negotiate for the Commission. The Commission decided to schedule a meeting with the FAA. O'Neil, Jerry Searle, Dilkes, and one of the commission members will try to meet with the FAA next week to clarify the airspace study and what is expected of the Commission as far as land acquisitions and avigation easements are concerned. O'Neil will contact Searle and have him coordinate scheduling a meeting. c. Iowa City Flying service : lease subcommittee - Mascari and Horan met and discussed the initial proposal to be offered to ICFS for rent negotiations. This included rent for the shop building, the flowage fee, the Terminal Building, and the hangar space. After discussing several issues, the Commission decided to propose a monthly rent of $ 4500.00 for the final five years of the lease. Mascari will meet with ICFS to present the proposal. The proposal should be broken down into a dollar amount for the current property leased and a dollar amount for the additional shop space, known as the "new shop". A written response will be requested from ICFS before the next Commission meeting on October 10, 1996. d. Airport Aircraft Emergency Plan -Blum suggested this be deferred to a future meeting. e. Minimum standards : subcommittee report - Blum requested this be deferred to a future meeting. He requested O'Neil give him a diskette with the emergency plan and minimum standards so it would be easier for him to make changes. f. ~irport Terminal renovation - O'Neil said this item is on the agenda because it was deferred from the last meeting. The question was raised on to best way to rehab the building. Suggestions were made all the way from leveling the present building and starting over to spending a significant amount to renovate the entire interior of the Terminal. This will be discussed at the FY 98 budget discussion at the October meeting. g. New hangar - lOW Avionics O'Neil said a company is interested in starting an avionics repair business at the Airport. Hangar and office space is needed to accommodate the business. Blum suggested Horan meet with the company. -If he is comfortable that a multi-year lease can be signed, he should take the project to the City Council. O'Neil will pu~ this on the Council agenda for the September 24 meeting. Horan will meet with someone from the company and if he is convinced it is a project that could work, he will address the Council on September 24. If there is some concern, he will direct O'Neil to pull the item from the agenda. Foster made a motion to set a public hearing on October 10 for plans and specifications for a 80' by 80' hangar. Blum seconded the motion and it passed 5 - 0. CH~IRPERSON'S REPORT: Horan said the Commission needs to work on a five year plan. This could include elements like the fuel farm, development of commercial property, the FBO, parking, etc. Horan said the pilot killed at Green Castle was a friend of his and a friend of aviation, and he will be missed. COKMISSION MEMBERS' REPORTB: Blum said he thought the fly-in breakfast was very successful, especially in the number of aircraft that came in. He suggested the Commission inquire about getting a temporary FAA tower for next year. Mascari, one of the "Young Eagles" pilots, agreed. The EAA "Young Eagles" program gave free rides to 180 kids. This, combined with the rides given by ICFS and all the transient aircraft, made the airspace quite congested at times. O'Neil will contact the Cedar Rapids tower to see what is required to get a control tower for next year. Blum asked about fencing the property between Walmart and Menards. He said he found out afterward that some people wandered in and sat on the runway during the 4th of July fireworks. O'Neil said the Commission has an IDOT grant to fence this area. Blum asked about the signs discussed at the last meeting. O'Neil said the church had removed it's sign on Dane Road and new "Restricted Area" signs were being put up at the other areas discussed. Horan said his name was inadvertently omitted from the Sertoma "good guy" list. Blum will discuss this with the proper Sertoma authorities. ADMINISTP~TIVE REPORT: O'Neil said he had a meeting with Wildlife Biologist Scott Beckerman from the United States Department of Agriculture Animal and Plant Health Inspection Service Animal Damage Control, concerning the increasing number of water fowl at the Airport. Beckerman suggested several methods of reducing the number of birds. O'Neil said he will start with the simplest and least expensive methods and see how effective they are. O'Neil said that because the methods involve noise to scare the animals, businesses and residents around the Airport may need to be notified. The RNAV approach to Runway 24 is being canceled. P.NAV approaches all around the U.S. are being canceled, mainly because of cost of maintenance and because of GPS. The next ~egu~.a~ mee~:±ng is scheduled ~or October 5:45 p.m. AD~O~ENT ~ Horan adjourned the meeting at 8:10 p.m. 10 at COUNCIL MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 3, 1996 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: PRELIMINARY Subject to Approval Ann Bovbjerg, Benjamin Chait, Dick Gibson, George Starr, Lea Supple .Jane Jakobsen, Tom Scott Bob Miklo, Sarah Holecek, Melody Rockwell RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 5-0, to amend Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Development Housing Overlay Zone (OPDH)," subsection D, entitled "Reguletions," to indicate that parking reductions may be approved for non-residential uses as part of a Sensitive Areas Overlay rezoning. CALL TO ORDER: Chairperson Starr called meeting to order at 7:34 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VA(;ANCIES ON CITY BOARDS; AND COMMISSIONS: Starr announced that there was one vacancy on the Housing and Community Development Commission to fill one unexpired term ending September 1. The appointment is being deferred by the Council until the October S, 1996 meeting to allow for 30-day advertising period. COMPREHENSIVE PLAN AMENDMENT ITEM: Public discussion of the South District Plan, an element of the Comprehensive Plan pertaining to the area generally located south of Highway 6 and east of the Iowa River. Miklo recommended that this item be deferred indefinitely, stating that staff anticipates bringing this item along with other Comprehensive Plan elements back to the Commission sometime in November. Public Discussion: There was none. Public discussion closed. MOTION: Chair moved to indefinitely defer the South District Plan, an element of the Comprehensive Plan pertaining to the area generally located south of Highway 6 and east of the Iowa River· Gibson seconded the motion. The motion carried on a vote of 5-0. Planning & Zoning Commission October 3, 1996 Page'2 CODE AMENDMENT ITEM: Public discussion of amendments to Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Developn3ent Housing Overlay Zone (OPDH)," subsection D, entitled "Regulations," to indicate that parking reductions may be approved for non-residential uses as part of a Sensitive Areas Overlay rezoning. Miklo said this ordinance amendment is a follow-up to the recently adopted Sensitive Areas Ordinance amendments. The latest revision to the Sensitive Areas Ordinance clarified that parking requirements could be reduced for commercial and industrial uses in conjunction with a Sensitive Areas Planned Development. Planned development regulations currently prohibit reducing parking requirements for planned development. The proposed ordinance amendment would allow for parking reductions in commercial and industrial zones. The staff recommends approval. Public d~scuss'on: There was none. Public discussion closed· MOTION: Chair moved to recommend approval of an amendment to Title 14, Chapter 6, Article J, entitled "Overlay Zones," Section 2, entitled "Planned Development Houeing Overlay Zone (OPDH)," subsection D, entitled "Regulations," to indicate that parking reductions may be approved for non-residential uses as part of a Sensitive Areas Overlay rezoning. Supple seconded the motion. The motion on a vote of 5-0. CONSIDERATION OF SEPTEMBER 19, 1996 PLANNING AND ZONING COMMISSION MIN- UTES: In the discussion of the minutes, Supple confirmed with Gibson to change the word "degra- dation" to "downgraded" in the second paragraph on page eleven. MOTION: Chair moved to approve the minutes of the September 19, 1996 meeting of the Planning and Zoning Commission as amended. Gibson seconded. The motion carried on a vote of 5-0. OTHER BUSINESS: Miklo announced that there had been a recent reorganization involving both the Public Works Department Traffic Engineering Division and the Johnson County Council of Governments (JCCOG) Transportation Planning Division. The traffic engineering will now be done by the JCCOG Planning Division. The previous traffic engineer will now work in the Engineering Division of the Public Works Department in the Civic Center. Previously, that position was located at the bus barn. The traffic engineer will continue to do some traffic engineering, but will also take on other civic engineering duties. This reorganization is seen as being more efficient. When there are questions about traffic issues, traffic lights, parking, etc., those issues will now be handled by JCCOG. Planning & Zoning Commission October 3, 1996 Page 3 PLANNING AND ZONING COMMISSION INFORMATION: Starr announced that he will be out of town and will miss the October 17, 1996 Commission meeting. ADJOURNMENT: MOTION: Supple moved to adjourn at 7:44 p.m. Gibson seconded. The motion carried on a vote of 5-0. Lea Supple, Secretary Minutes submitted by Omar Yassin.