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HomeMy WebLinkAbout1996-12-03 Bd Comm minutesMINUTES IOWA CITY AIRPORT COMMISSION THURSD&Y OCTOBER 10, 1996 - 5:45 IOWA CITY TBANSIT FACILITY MEMBERS PRESENT: Howard Horan, John Penick, Richard Blum Rick Mascari, Pat Foster STAFF PRESENT~ Eleanor Dilkes, Ron O'Neil CALL TO ORDER= Chairperson Horan called the meeting to order at 5:45 p.m. PUBLIC HEARIN~ - IOW HANG~R PL;tNS AND SPECIFICATIONS= Horan opened the public ,,earing at 5:46 p.m. Horan said he met with someone from the avionics company and he seemed quite positive that the company would locate in Iowa City. It is dependent on how the project bids come in. O'Neil said the project is for a 80' by 80' hangar, with a 20' by 20' attached office. There being no comments from the public, Horan closed the hearing at 5:49 p.m. APPROVAL OF MINUTES~ The minutes of the September 12, 1996, meeting were approved as submitted. AUTHORIZATION OF EXPENDITURES: Mascari made a motion to approve the bills. motion and it was approved 5 ~ 0. Foster seconded the PUBLIC DISCUSSION - ITEMS NOT ON A~ENDA: John Ockenfels said he is a member of the committee for the Skaters Alliance. If the Commission had questions concerning the proposed arena, he would be available to answer them. ITEMS FOR DISCUSSION/ACTION~ a. 1998 budget - O'Neil said a copy of the proposed FY 98 budget was included with the Commissions' monthly information packet. He had made adjustments to the routine operating line items. The Commission would need to discuss capital projects. O'Neil included a list of projects that should be considered. One projected included was the rehab of the exterior of the maintenance shop building. O'Neil said this was proposed in last year's budget, but was deleted before the budget was presented to the Council. He said the building would need a new metal roof and siding or the building will need to be replaced in the near future. One option would be to invest the same amount of money toward a new building as would be needed to repair the shop building. A new building could better service some of the larger aircraft that may want to locate at Iowa City when the Master Plan improvements are implemented. After some discussion, the Commission agreed to put the rehab project in the FY 98 budget. O'Neil said another budget item was funding for new furniture for the lobby of the Airport Terminal. The current furniture is 12 - 15 years old but looks much older. The Commission will also add this item in the FY 98 budget. Penick suggested budgeting for an engineering study for the Airport Terminal to provide information on what it would take to renovate the building. The study would help the Commission decide if the building should be renovated or replaced. The Commission decided to budget for this study. Blum made a motion to submit the budget as discussed. Mascari seconded the motion and it passed 5 - 0. b. XOW Avionics hanger O'Neil said the specifications were included in the Commission packet. Jones, from ICFS, suggested the door should be 20 foot high instead of 18 foot. O'Neil will check with the Perspective tenant to see what will suit their needs. O'Neil said the site plan indicated that a sewer line will have to be moved. This will add to the site preparation costs. O'Neil said he would also like to change the design of moving the sewer line and the slope of the apron from 2% to 1%. Changing the grade on the apron will require a small increase in the amount of fill needed but should not substantially change the site prep costs. Changing the design of the sewer line should slightly reduce the cost of the site preparation. O'Neil said he will be meeting with someone from IOW Avionics next week to discuss a lease. The Commission will need to have a signed lease or letter of intent before this is presented to the Council. O'Neil said the Commission will need a public hearing on the lease. Blum made a motion for a resolution to set a public hearing on November 14 for a lease with IOW Avionics. Foster seconded the motion and the motion passed 5 - 0. c. Iowa City Flying Service : lease subcommittee - Mascari said he discussed the proposal with Jones from ICFS. Jones said he would like to meet with Mascari and Horan before the next meeting and would have a written response to the Commission's proposal. This will be an agenda item for the November 14th meeting. d. Fuel farm - self service fueling - O'Neil said the Commission postponed this from the last meeting. Jones, from ICFS, is no longer interested in installing self service fueling. He said he would like to discuss the fuel issue when he is discussing the lease with Horan and Mascari. CH~IRPERSON'S REPORT: Horan said one of the articles in the packet encouraged involving the IDOT regional planner in capital project discussion. He thought that would be a good idea. Pilots and others interested in the Airport should be informed on what is to happen with the Master Plan. Mascari said he had looked into an airport support group, but the people who originally said they were interested did not follow up on the idea. Horan said he met with the Historic Preservation Commission. They were interested in the Airport Terminal, the United hangar, and the tower beacon. Horan said he told them the United hangar will need to be moved or dismantled because it is in the obstacle free area for Runway 24 and is considered a safety hazard. The Commission has discussed renovating or replacing the Terminal Building. The Historic Preservation Commission did not offer any financial support to maintain the buildings or tower beacon. Horan will invite someone from the Historic Preservation Commission to make a presentation to the Airport Commission. COMMISSION MEMBERS' REPORTS: Blum said Hospice Road Race would like to borrow a roll of the barrier rope from the Commission. He will make sure it is returned. Blum said the Sports Car Club was very cooperative and used the south end of Runway 17/35. They did a good job with clean up. Mascari asked what is being done to develop the north area. O'Neil said he contacted Karen Franklin and asked how much design can be done in-house. Franklin will get back to O'Neil. ADMINISTRATIVE REPORT: O'Neil has written a letter, requesting a temporary FAA control tower for the fly in breakfast on August 24, 1997. O'Neil said he has received inquiries from at least 10 firms interested in conducting the land acquisition and avigation easement project. Proposals are due November 1. O'Neil will circulate the proposals to the Commission. The Commission will choose 3 or 4 firms to interview. The Zoning Ordinance. Blum. Commission should meet to revise the Airport Zoning O'Neil will discuss a meeting schedule with Chairperson O'Neil gave the Commission members a list of projects to prioritize for the Commission's five year strategy plan. O'Neil circulated a list of agenda items for the next several months. He said additional meetings may need to be scheduled. O'Neil said a request has been made to install a grass runway for tail wheel aircraft. Blum said he did not think an unofficial runway could be designated without the liability of having an official landing area. He thought it would have to be a certified landing area and be shown on the ALP. SET NEXT The next regular meeting is scheduled for November 14, 1996, at 5:45 p.m. EXECUTIVE ~EBBIONt At 7:26 p.m., Blum made a motion to go into executive session. Foster seconded the motion. At roll call vote, the motion passed 5 - 0. At 8:03 p.m., Mascari made a motion to adjourn to the regular meeting. Foster seconded the motion, and at roll call vote, the motion passed 5 - 0. Bium made a motion to have an engineering firm revise the ALP and Master Plan to reflect that any undeveloped land in the RPZs would be purchased fee title as opposed to an avigation easement. Mascari seconded the motion and it passed 5 - 0. ~M),~OURNMENT: Foster moved to adjourn the meeting. the meeting adjourned at 8:/~m. Howard Horan, Cha~rpe Blum seconded the motion and MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 17, 1996 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Dick Gibson, Jane Jakobsen, Tom Scott, Lea Supple MEMBERS ABSENT: George Starr STAFF PRESENT: Bob Miklo, Sarah Holecek, Anne Schulte RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-0, that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of CZ-9641, an application to fezone approximately 22 acres located on the north side of Highway 1, approximately one mile west of Sharon Center Road (W62) from A1, Agricultural, to RS-5 Suburban Residential, with the stipulation that there should only be one access read to Highway 1. Recommended approval, by a vote of 5-0-1, that the City Council forward a letter to the Johnson County Board of Supervisors recommending approval of CZ-9647, an application to fezone approximately 8.64 acres located west of Prairie du Chien Road, approximately 1/4 mile north of Newport Road from A1, Agricultural, to RS-3, Suburban Residential. Recommended denial, by a vote of 6-0, SUB96-0020, a preliminary plat of Scott-Six Industrial Park, a 140.5 acre, 41-1ot industrial/commercial subdivision located in Johnson County on the east side of Scott Boulevard, north of Highway 6. The Commission recommend denial of the application for the following reasons: 1) subdivision design issues including: a) improper lot configuration, i.e., the subdivision ordinance prohibits the use of double frontage lots unless good platting indicates their use, b) inappropriate design of 420th Street, and c) the lack of IDNR approval for Snyder Creek relocation; 2) lack of compliance with City design standards: a) lack of storm water management provi- sions, b) lack of sidewalks, c) lack of fire hydrants as required by City standards, and d) inadequate provisions regarding the waste water disposal and water supply systems; and 3) the Commission recommends to the City Council that no change be made in the City policy regarding connections to municipal water and sewer systems by any property that remains in the unincorporated area of the County. Recommended approval, by a vote of 6-0, of SUB96-0023, a preliminary plat of A Resubdivision of Lot 2, Westport Plaza, an 11.41 acre, 2-lot commercial subdivision located south of Ruppert Road. CALL TO ORDER: Chairperson Bovbjerg called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARD AND COMMISSIONS: Planning & Zoning Commission October 17, 1996 Page 2 There was none. REZONING ITEMS: REZ96-0019. Public discussion of an application submitted by Ed and Cheryl Sobaski to fezone approximately .76 acres located at the southwest corner of Waterfront Drive and Southgate Avenue from C1-1, Intensive Commercial, to CC-2, Community Commercial. (45-day limitation pedod: November 14, 1996) Miklo showed the property location on a map of the area. Miklo said the applicant would like to construct an office building with a daycare center on the site, Miklo said a daycare center can be allowed by special exception in the CC-2 zone, but is not allowed in the Cl- 1 zone. Miklo said the South District Plan proposes that the area west of the property be rezoned to CC-2. The rezoning may extend to the east to include this propen'y, but at this time the requested rezoning would result in spot zoning. He said that the eastern border of the area to be rezoned is in question. Miklo said the railroad is the most logical eastern border. He noted the area east of the railroad has C1-1 businesses and two group homes that would become nonconforming if a larger area east of the railroad were rezoned. Miklo stated that staff recommends deferral until either the South District Plan is adopted or the applicants receive enough support from surrounding property owners to have a larger area rezoned so that a one-lot "spot zone" is not created. Public discussion: Ed Sobaski, 2315 Cameron Way, showed a diagram of a lift station called a "sewage ejector." He said he had spoken to George Kondora of Kondora Plumbing about eventual- ly routing under Water~ront Drive to Southgate Avenue to a manhole to hook up to City sewer services when they become available. Sobaski said he is willing to bear that expense; that it is a relatively minor issue in terms of tha cost. He will be ready to hook up to the sewer when it comes through. Sobaski said that he contacted as many property owners in the area as possible. He talked to Glenn Siders and Harry Wolf of Southgate Development, who were not opposed to the property being zoned CC-2, but did not want to see it spot zoned. Sobaski said he also talked to Mike McNiel and Bill Kron, who own Mike McNiel Repair and Bill's Autos. Sobaski said they were not opposed to him rezoning only his property to CC-2, but they do not want their businesses to end up as nonconforming. He said the question is still up in the air as to whether they would be comfortable having their businesses permitted only by special exception under CC-2 zoning. Their businesses are allowed in the current C1-1 zone, but would require a special exception in the CC-2 zone. Sobaski stated he also talked to Art Schutt of MECCA, who told him that having HACAP there would be great. However, he said Scott would be opposed to the MECCA preperty being rezoned to CC-2, which would make MECCA nonconforming. MECCA would not be permitted even by special exception in a CC-2 zone. Sobaski also talked to Pat Kennedy, son of Tom Kennedy, who owns some of the property on the west side of the railread tracks. He said the Kennedys are not opposed to CC-2 zoning or to the Sobaski property being zoned CC-2. Planning & Zoning Commission October 17, 1996 Page 3 $obaski said he was not able to contact anyone from the Youth Homes property, but he assumes they would have some of the same problems with becoming nonconforming under CC-2 zoning. Sobaski showed sketches of the area from the Beyond 2000 [South District] Plan that recommends changing the zoning in this area to CC-2. He said he was not receiving any opposition from that area; the land seems to be all vacant in the area shown. He said he would just like his property included in the CC-2 zone on the south side of the proposed Southgate Avenue. Sobaski said another option would be to connect his property to the Hy-Vee CC-2 zone by bringing CC-2 zoning down on the west side of Waterfront Drive, which would include Mike McNiel's and Bill Kron's properties. In that case, the question of their businesses becoming nonconforming would need to be addressed. Supple asked about the timing of the building project. Sobaski said he would like to start as soon as possible because of weather and time constraints, but needed to complete construction by July 1 to meet commitments to HACAP and to allow HACAP to meet its own commitments. Scott asked Miklo about the status of the McNiel and Kron businesses in a CC-2 zone. Miklo said they could continue to operate as nonconforming uses. He stated that if they wanted to expand, they would require a special exception for an auto and truck oriented use, which would be permissible provided the Board of Adjustment grants it. He noted the Board often puts conditions on special exceptions. Scott asked Sobaski if the Kron property is developed and Sobaski confirmed that it is. Sobaski added that after reading the Beyond 2000 [South District] Plan, he feels the HACAP facility is much needed in that area, because of the expected residential develop- ment. He stated that HACAP serves a lot of needs in the area and that the location is ideally situated for them. He also said he is planning to construct an appealing-looking building that people coming into town will see. AI Axeen, Coralville, stated that he is the assistant director of HACAP and the director of HACAP in Johnson County. He showed a map that was used to work with developers to come up with ideas for the building. The map shows demographics of people receiving heating assistance, a service HACAP provides, and how many of those people have Headstart or pre-Headstart aged children. He indicated from the circles that the HACAP service area is in this general vicinity. Axeen said there is now a family service center, which is what this building will be, in Coralville, which houses the same things they wish to do in Iowa City. When he put the demographic information out to developers, there were two responses. The other site was along Stevens Drive, which would have met with the same zoning concerns. Axeen displayed another map showing the location of 1995 Headstart children. He stated that projections on the service needs of the community indicated that daycare would be a critical issue. Axeen described the services, including daycare, provided by HACAP. Axeen stated the service center in Coralville had the same problems with zoning since there is a daycare, but there are other functions, such as offices that require commercial zoning. He said HACAP had to be on the edge of a commercial zone with a special exception to fit Jn that scenario. Planning & Zoning Commission October 17. 1996 Page 4 Axeen said he wants to give support to Sobaski's request that Waterfront Drive be the dividing line for the new CC-2 zoned area. He remarked that if the building is not allowed, then he will have to go back to look for properties and developera willing to make the investment so that HACAP could then lease back the building. Bill Kron, 2839 Sterlinq Drive, said he has lived in and been a small business owner in Iowa City since 1971. He stated that he owns and operates Hawkeye Country Auto Sales at 1947 Waterfront Drive and also Mr. Bill's Auto Parts. He said he welcomes and would have no opposition to Sobaski's new business or application for rezoning his parcel of land. However, he would like only the Sobaski property to be spot zoned to meet his needs. Kron would like his property to remain zoned intensive commercial, because he has a highly successful and marketable business there. He said he has been there ten years. Scott told Kron if the only way to prevent spot zoning is to take the second proposal shown on the map by Sobaski (the silver from the proposed applicant's property north to the Hy-Vee area that is zoned CC-2), he could continue to operate as a nonconforming use. Miklo said any increase in square footage of the building would requirs a special exception from the Board of Adjustment. Kron asked Jf he wished to sell his business 5 or 10 years from today, would he be able to market and sell it as a used car business. Scott said yes, it would remain a legally, nonconforming use. Kron said he is not totally negative toward the idea, but not totally agreeable either. Gibson asked why this site was selected if the neighbors are not totally enthused about the idea, Axeen answered that he liked the site and the area. He stated that Sobaski believed that he would be conforming when the new plan was eventually adopted. He said his contract with Sobaski states that as long as the area can be rezoned, then he will construct the building. Axeen said the other possibility for the building would also have required rezoning, and also had the same stipulation about proper zoning. Miklo said the South District Plan makes it clear that even/thing west of the railroad tracks should be considered for rezoning to CC-2. The area in question is on a border, and although the staff would consider it, they had cautioned the applicant that it was not a clear-cut case and would not necessarily be zoned quickly. Gibson said that the property is not only on the border, but is also across a railroad, a fairly significant barrier. Sobaski said that the railroad tracks go right by Hy-Vee. Near Highway 6 on the east and west sides of the railroad tracks, the property is all zoned CC-2. He said he had been looking for a long time for a piece of property for sale within a commercial area to build a building. Sobaski stated that he owns Iowa Paper & Chemical and has intended to build a retail-type building and he basically fits under both zones for what he is trying to do. He said HACAP is moving along as fast as possible in order to meet his commitments as far as the bid for the proposal and acceptance. Sobaski said he read the South District Plan and it does state the area to be considered for CC-2 is within the gray shaded area. He said that commercial areas often change from one zone to another at a road or the back or front of a property. Sobaski said he does not understand all the issues, but would ask for Commission support to build the project. He stated that it is difficult to find a place where child care is a permitted use. Sobaski said it seems like childcare is mostly permitted only by special exception. Planning & Zoning Commission October 17. 1996 Page 5 Sobaski said there are not many vacant lots available for an 8,000 square foot building, much less ones with proper zoning for a child care use. He said the issue will probably end up before the Commission at some point. He said he would like the Commission to deal with it today. Gibson asked Sobaski if he would continue to own the building. Sobaski said he would lease the building to HACAP and would not occupy any part of the building. He said the property is 35,000 square feet in size. He said he intends to split the lot and erect another, smaller building on the other part of it. It may be sold as a second parcel under CC-2 zoning, possibly for an office use. Sobaski said there would be one entire 8,000 square foot building to house HACAP, with approximately 2,500 square feet for the child care center. The rest of the building is for offices and conference rooms for HACAP. On the other part of the lot, there would be a proposed second building. Public discussion closed. MOTION: Scott moved to defer consideration of REZ96-0019, an application submit- ted by Ed and Cheryl $obaski to rezone approximately .76 acres located at the southwest corner of Waterfront Drive and Southgate Avenue from C1-1, Intensive Commercial, to CC-2, Community Commemlal, to November 7. Gibson seconded the motion. Scott asked staff about the center section west of the railroad tracks and east of Gilbert Street shown as CC-2 on the map and whether or not the tract was owned by one party. Miklo said there are different ownerships. Scott asked if that area is to be zoned CC-2, where it connects to any present CC-2 zone. Miklo said the map is general, but the CC-2 zoning would go all the way to the north to join the existing CC-2 zone that is along Waterfront Drive and Highway 6. Miklo said the properties fronting on Gilbert Street would be proposed for CC-2 zoning; those west of but not fronting on Gilbert Street would be proposed to remain zoned C1-1. Scott asked how many nonconforming uses this would create. Miklo said he wouJd provide exact numbers at the next meeting. Miklo reminded the Commission that Winebrenner Ford is moving from its site so a sizable parcel will be available for redevelopment. Scott stated that if you then took CC-2 zoning up Stevens Drive to include the present Winebrenner property, you could connect straight across the present Waterfront Drive and to the CC-2 zoning at the Hy-Vee. Miklo re- sponded that the proposal is that north of Stevens Drive also would be zoned CC-2. Scott said that since it would create some nonconforming uses, there will then be the same problem as with zoning the silver along the tracks to CC-2. Miklo said he does not believe rezoning only the silver without doing areas west of the railroad track is the best idea. Scott said with the high concentration of users of daycare in this particular area, it be- hooves the Commission to attempt to locate a use where the need exists. He said with the new welfare reform bill, there will be a greater need for daylong daycare. Scott said some properties on the other side of Watedront Drive, even though they would need special exceptions under CC-2 zoning, are compatible social service organizations. Miklo said that the group homes are permitted by special exceptions in C1-1 and are not permit- ted at all in the CC-2 zone. Scott asked if there is a more appropriate zone between C1-1 and CC-2 for some of these uses. Miklo said there is not. Planning & Zoning Commission October 17, 1996 Page 6 Miklo stated one of the reasons staff is proposing that this Gilbert Street are~ be rezoned to CC-2 is due to the apparent lack of vacant CC-2 property in Iowa City. Also, it is an area with good access to the highway and is therefore available community-wide. Miklo said a child care facility is a special exception in most zones, including the CO-1 zone, but it is not permitted at all in the C1-1 zone. Miklo said given the nature of the C1-1 zone, staff questions whether it is appropriate to amend the Zoning Chapter to allow a daycare center to locate in the C1-1 zone, but it is an option that could be studied more closely. Miklo said group homes were allowed in the past in the C1-1 zone, because there was such difficulty locating them in residential areas that it was proposed to allow them in the intensive commercial zone. Miklo said he would provide a list at the next meeting regard- ing where daycare centers can locate. Gibson said since the proposal for rezoning the whole area will be before the Commission soon, they should just go ahead and do it instead of waiting. He said they will face the same issues sooner or later. He cited the railroad as an important border. Miklo said staff is reluctant to initiate a rezoning of the entire area until the South District Plan has been adopted. He said there will need to be considerable discussion with the property owners in the area pdor to rezoning. Scott stated that if such a large portion of the area is now vacant or soon will be, the Commission should look to rezoning it in the near future as opposed to letting the area develop piecemeal. He suggested the Commission should take a proactive stance in the near future to accommodate CC-2 uses and not take a reactive stance. Scott said since by and large the tracts in the center are vacant, he would like to see the issue addressed now before development begins occurring. Chair asked if the Commission policy was not to do any spot zoning. Ho!ecek responded that spot zoning is an invalid zoning basis. The Commission should not zone for individu- al use on individual parcels of property. The regulatory nature must not be use-specific or property-specific, but in accordance with the Comprehensive Plan. Chait said the Commission should be clearer about the distinction of what is on the east side of Water- front Drive. He felt the proposed HACAP building would be a compatible use with what is now in the neighborhood. Chait stated it is important to keep in mind that the daycare area would be 2,500 square feet compared with the other 5,500 square feet of office area. Chair said he sees the area now as spot zoned clusters with higher and lower densities all mixed together. He remarked that this could be a good opportunity to explore possibili- ties for appropriate zoning for the area. Chait said he does not believe the railroad track is a big obstacle. Gibson said that if he were looking at the rezoning of the entire area and did not have the Sobaski application in front of him, there would be no reason to include the parcel east of the railread track. Holecek said you must be able to articulate something that certain properties have in common; certain inherent characteristics having similar qualities that call for the properties to be zoned similarly. She said if you are discussing a larger area and can articLelate the qualities the properties have in common such as access or otherwise, that it is not neces- sarily spot zoning, because it involves a larger area than just one parcel. Planning & Zoning Commission October 17, 1996 Page 7 Chait asked about changing the C1-1 zone to allow this type of use in a portion of the proposed building. Miklo said it could be pursued, but the C1-1 zone is quasi-industrial. He said staff had some concams about having a child care facility next to an intensive commercial use. Gibson said that if someone chooses to build a daycare center in that zone, they must understand going in the inability to control the property next to them, Chair said the domestic violence shelter is in the C1-1 zone, so why not have other social services in the zone, Miklo remarked that group homes and transitional housing were resisted in residential areas and so ended up in this area. Chait said he thought HACAP may be resisted in many areas as well. He suggested changing the C1-1 zoning to allow the daycare center as a provisional use. The motion carried on a vote of 6-0. CZ-9641. Public discussion of an application submitted to Johnson County by W-Four Partners to rezone approximately 20 acres located on the north side of Highway 1, approximately one mi~e west of Sharon Center Road (W62) from A1, Agricultural, to RS-5 Suburban Residential. Miklo reminded the Commission that the City has subdivision control within the two-mile Fringe Area, where this property is located and can make recommendations to the County on rezonings. He said the Fringe Area Agreement was recently amended and calls for residential uses to be considered at one unit per ten acres or, if clustering is done, one unit per five acres is permitted provided 80% of the tract is set aside as open space. Miklo indicated that the applicant has expanded the rezoning to include approximately 22 acres to meet the 80% open space requirement. He said the state DOT said the sight distance in this location was not of concern to them, Miklo said staff recommends approv- al of this rezoning and the appropriate action for the Commission would be to recommend that the Council send a letter to the Johnson County Board of Supervisors recommending approval. Jakobsen asked if the applicants contemplate only one access to the property and Miklo said that is correct, She suggested the Commission stipulate that in the motion. Public discussion: There was none. Public discussion closed. MOTION: Jakobsen moved to r. commend that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ-9641, a request to rezone approximately 22 acres from County A1 to County RS-5 be approved subject to there being only one vehicular access road between this property and Highway 1. Gibson seconded the motion. The motion carried on a vote of 6-0. CZ-9647. Public discussion of an application submitted to Johnson County by James Anderson, Stephan Bender, and Tom Bender to rezone approximately 8.64 acres located west of Prairie du Chien Road, approximately 1/4 mile north of Newport Road from A1, Agricultural, to RS-3, Suburban Residential. Planning & Zoning Commission October 17, 1996 Page 8 Miklo stated that this property is in Fringe Area A, which allows the change of zoning from Agricultural to RS-3 or one lot per three acres. The Commission recently recommended approval of a rezoning of the properties to the north. He said the applicants are now expanding that to include the additional area. Miklo said the requested rezoning for the proposed area does comply with the Fringe Area Agreement, and staff recommends approval. He pointed out that the Fringe Area Agreement and the North Corridor Plan encourage clustering in this area, and the City will look at compliance with this policy when the plat is submitted. Public discussion: There was none. Public discussion closed. MOTION: Supple moved to recommend that the City Council forward a letter to the Johnson County Board of Supervisors recommending that CZ-9647 a request to rezone approximately 8.64 acres located west of Prairie du Chlen Road approximate- ly 1/4 mile north of Newport Road, from A1 to RS-3 be approved. Chalt seconded the motion. The motion carried on a vote of 5-0-1, with Scott abstalnin~. Scott stated that he abstained from voting, because of an ownership interest in a parcel that adjoins this piece of property. DEVELOPMENT ITEMS: SUB96-0020. Public discussion of an application submitted by A. F. Streb for preliminary plat approval of Scott-Six Industrial Park, a 140.5 acre, 41-1ot industrial/commercial subdivision located in Johnson County on the east side of Scott Boulevard, north of Highway 6 (45-day limitation period waived to October 17, 1996). Miklo said there were some serious plat deficiencies, and the plat does not comply with the City's subdivision standards. He said the applicant had not submitted a waiver of the 45-day limitation period at this point that would allow him more time to address the serious deficiencies. He said that in the absence of a 45-day limitation waiver the Commission would have to vote. Miklo said staff had spoken with MMS Engineering and they indicated to him that they would either submit a letter of deferral or the applicant's position was not changing. Staff had not yet received a letter. Holecek said that the applicant does have the option of taking the matter to Council. She stated that one basis for doing so would be clarification of deficiencies between the time of denial by the Commission and consideration by Council. Bovbjerg said the applicant also had the option of appearing at tonight's meeting. Scott said there was a clear indication on Monday night that there had to be a letter of deferral or the issues had to be resolved. He stated that the applicant or his representa- tives could have faxed or phoned in their intentions. Scott said he believes that they do not intend to defer. Holecek stated that the Commission cannot know the intent of the applicant. Miklo said that if the Commission does vote to deny the plat, it would be appropriate to point out that the reason for denial is that it does not meet the technical requirements and there are serious deficiencies. Planning & Zoning Commission October 17, 1996 Page 9 Scott asked about the fire hydrant issue and if anything had happened there. Miklo said the fire department confirmed that they would like the standard placement of fire hydrants adhered to, but the applicant was objecting to that, as of Monday. Chait asked if the subdivision would be acceptable in the County. Jakobsen said that the article in the paper said that County zoning officials had problems with the proposals also, Bovbjerg asked if this also comes under the subdivision requirements of the Fringe Area Agreement. Holecek said yes, the City can require City Design Standards in the Fringe Area. Chait asked why the Commission is asked to vote on the application if there are so many deficiencies and discrepancies still outstanding. Scott said dudng two months of negotia- tions, there was at least an indication of a willingness on the part of the City, a third partner, and the Strsbs to reach agreement on many of these items. He stated negotia- tions had broken down, and the Strebs had indicated they would take their chances and go to Council at this point. Public discussion: Richard Rhodes, 2014 Rochester Avenue, said he feels the location is an appropriate place for an industrial park, considering the pre-existing developrnent and transportation infrastructure adjacent to the site. He therefore does not oppose an industrial park devel- opment in this area. Rhodes said he does agree with staff that the present plat is really not an industrial park, because of the number of small lots along the western margin of the tract that are obvi- ously designed for commemial establishments of some sort, rather than industrial develop- ment. Rhodes did not see commercial development as appropriate along this portion of Scott Boulevard. He felt it conflicts with Iowa City's Comprehensive Plan. Rhodes also felt that developments contiguous with and adjacent to Iowa City's corporate boundaries and developments that draw heavily on Cily services should be annexed so that they contribute to the City's tax base to support those services. Rhodes said that since individual property owners may wish to be annexed, once the area has been developed, to get full access to City services, the subdivision should be to full City Design Standards. He also stated he does not believe that the City should provide water and sewer to areas outside of its own limits. Rhodes said the entire area drains into an unnamed northern branch of Snyder Creek, which drains farther south on the Sycamore Farms tract into a large wetland complex. He said the City is required by the terms of a contract signed several years ago with the United States Environmental Protection Agency (EPA) to protect the wetlands on the Snyder Creek bottoms. Rhodes said special attention should therefore be paid to the treatment of storm water drainage froro an industrial area. He said that it is disturbing that there is no storm water management plan in place or proposed for this subdivision. ' He added that an appropriate storm water management plan here would probably have two or three integrated areas to treat runoff. Rhodes referred to two areas on the map that he said should have separate storm water management structures to treat runoff before Jt gets into the creek branch. He said that the large eastern 9/10 of the tract should have a storm water management system of its Planning & Zoning Commission October 17, 1996 Page 10 own. He cited Chicago and Detroit industrial parks that use such things as storm water management basins as amenities for the industrial park. Rhodes said a centralized one here could serve that same purpose. He added that it would be environmentally sensible to be able to isolate any spills or accidents from those industrial sites from flowing straight into the creek. Public discussion closed, MOTION: Chait moved to recommend approval of SUB96-0020, preliminary plat approval of Scott-Six Industrial Park, a 140.5 acre, 41-1ot industrial/commercial subdivision located in Johnson County on the east side of Scott Boulevard, north of Highway 6. Supple seconded the motion. Jakobsen stated that she would vote against the motion because of all the deficiencies. She said it should be developed to City standards. Scott commented that there aren't any items as enumerated in Kugler's memo dated October 17, 1996 that can be compromised either from the standpoint of precedence or from the standpoint of future negotiations with this developer/applicant or any develop- er/applicant. He stated that this Commission and the City Council must remain absolutely firm on these issues. The motion failed on a vote of 0-6. MOTION: Jakobsen moved to deny approval of SUB96-0020, the preliminary plat of Scott-Six Industrial Park, a 140.5 acre, 41-1ot Industrial/commercial subdivision located in Johnson County on the east side of Scott Boulevard, north of Highway 6. Scott amended the motion to more clearly delineate why the Commission is recommend- ing denial. MOTION: Scott moved to deny approval of SUB96-0020, preliminary plat approval of Scott-Six Industrial Park, a 140.5 acre, 41-1ot Industrial/commercial subdivision located in Johnson County on the east side of Scott Boulevard, north of Highway 6 for the following reasons: 1) subdivision design issues Including: a) Improper lot configuration, i.e., the subdivision ordinance prohibits the use of double frontage lots unless good platting indicates their use, b) inappropriate design of 420th Street, and c) the lack of IDNR approval for Snyder Creek relocation; 2) lack of compliance with City design standards: a) lack of storm water management provisions, b) lack of sidewalks, c) lack of fire hydrants as required by City standards, and d) inade- quate provisions regarding the waste water disposal and water supply systems; and 3) the Commission recommends to the City Council that no change be made in the City policy regarding connections to municipal water and sewer systems by any property that remains in the unincorporated area of the County. Gibson seconded the motion. The motion to deny carried on a vote of 6-0. SUB96-0023. Public discussion of an application submitted by Staples, Inc. for prelimi- nary plat approval of A Resubdivision of Lot 2, Westport Plaza, an 11.41 acre, 2-lot com- mercial subdivision located south of Ruppert Road. Planning & Zoning Commission October 17, 1996 Page 11 Miklo stated that this subdivision plat will take Lot 2 of Westport Plaza and divide it into two lots, one of them containing the existing Cub Foods and one of them containing the proposed Staples store. He said that the plat as submitted is in order for approval, and staff recommends that SUB96-0023 be approved. Public discussion: There was none. Public discussion closed. MOTION: Chait moved to recommend approval of SUB96..0023, a preliminary plat of A Resubdivlalon of Lot 2, Westport Plaza, an 11.41 acre, 2-lot cornmerclal subdi- vision located south of Ruppert Road. Jakobsen ~econded the motion. The motion carried on a vote of 6-0. CONSIDERATION OF THE OCTOBER 3, 1996, PLANNING AND ZONING COMMISSION MINUTES: MOTION: Gibson moved to approve the minutes of the October 3, 1996, meeting of the Planning and Zoning Commission. Chalt seconded. The motion carried on a vote of 5-O-1, with Jakobsen abstaining due to absence. OTHER BUSINESS: Public discussion of a request submitted by Alan Saltzman to permit hotels and motels in the CC-2 zone. Miklo cited the letter from Saltzman. He said hotels and motels are currently not allowed in the CC-2 zone, given that it is primarily a retail zone. Miklo said if the Commission would like to study the possibility, it must be decided what priority it would be given in relationship to the priority list attached to the agenda. Miklo said if the Commission puts the item on the pending list, staff would do some research and prepare an amendment. He said that after research, staff may or may not recommend approval of allowing hotels and motels in the CC-2 zone by special exception. Chait asked about the time frame. Miklo said the applicant was pursuing the possibility of development on Riverside Drive, but had not indicated his time frame. He assumed the sooner the better. Public discussion: There was none. Public discussion closed. MOTION: Supple moved to put on the pending list a request to staff to look at permitting hotels and motels In the CC-2 zone. Gibson seconded the motion. Planning & Zoning Commission October 17. 1996 Page 12 Jakobsen asked where to put the item on the pending list. She felt that the item has low priority compared to other items on the pending list. Sc3tt suggested putting the item at the bottom. The motion carried on a vote of 5-1, with Jakobsen votincl no. Public discussion of a request submitted by Stephen N. Greenleaf to amend the definition of "elder family home." Bovbjerg said this is another issue to consider studying and/or putting on the pending list. Miklo had no additional information beyond the letter and handout submitted by Stephen Greenleaf. Jakobsen stated that if this does go on the pending list, the Commission should also ask staff to review the need for "mother-in-law apartments.' Miklo said the Code currently allows them in all zones with no special exceptions. He said they are called accessory apartments and noted there are some size limitations. Miklo added that the property owner is required to file an affidavit with the Housing and Inspection Services Department. Chair said that when the house is sold, he believes the affidavit goes with the abstract so that the buyer is on notice when they review the abstract. Public discussion: Stephen N. Greenleaf, 1402 Willow Creek Court, stated that he represents clients who are interested in making an improvement to the elder family housing provision in the Iowa City zoning ordinance. He said the purpose would be to provide new housing stock and allow for an alternative between a nursing home and single-family residence or even the elder family group home, which is distinguished in the zoning ordinance. Greenleaf said the two sentences he proposes adding are to provide some more special accommodation for residents in elder family housing. Greenleaf said density is not changed by this proposed amendment. He cited Longfellow Manor as an example. Greenleaf said that strictly speaking he does not think the Mary O. Coldren Home is elder family housing and that, in fact, there is no elder family housing now in Iowa City. Greenleaf said inspection is required by the Iowa Code, and the City must be notified if there is a violation. He added that the City could also initiate further inspection beyond that already mandated by the State of Iowa. Greenleaf said the issue of students and apartments is not a reality, and that with elder family housing, in a zone such as RS-8, there would either be single family residences or elder family housing. Greenleaf stated that the amenities would include small stoves, microwaves, sinks, and refrigerators and these are not intended to replace a common kitchen. He cited a letter from Jane Dornan that was distributed to the Commission. Greenleaf said that at this point, he is just asking the Commission to put the matter on its pending list. Greenleaf said the developer wants to plan parameters for the building. He said there is a demand and a need for this kind of housing, therefore he would like the concept to be considered. Public discussion closed. Planning & Zoning Commission October 17. 1996 Page 13 Jakobsen asked how long it would take staff to review the matter, and Miklo replied that he anticipated that it would be about a two-month process, Bovbjerg asked which items on the pending list are essential. Miklo responded that staff is currently working on items 1 through 4 and hopes to bdng these before the Commission soon. He said that item 5 is one that the Council added recently and indicated that they wanted to give it their highest priority when the things from last year, which are items 1-4, are completed. Chair asked what zones this request for a new elder family concept would be allowed in now. Miklo said it would be allowed in all residential zones. Chait said the essential question is then whether to allow them in RS-5 and RS-8 zones. Miklo said this is basically correct. Gibson stated that there are places to find this kind of housing right now. Scott said he did not have much objection to the request if, in fact, all of the provisions were included, e.g. 55 or older. Bovbjerg said that the current definition specifies "the majority of whom are elders." Gibson asked what is prohibiting anyone from living in that environment if the majority requirement is met. Chait expressed concern that eight independent units in a building could be viewed as apartments and would not be a group/family type of situation, but could be in an RS-5 or an RS-8 zoned neighborhood. Miklo said the current ordinance would allow a group of eight people to live together in a family environment in an RS-5 or an RS-8 zone. Jakobsen stated that there was nothing in the proposed ordinance that required a com- mon kitchen. Chait said that he sees it as a great concept that could be very beneficial to older and handicapped people, but he has a problem with putting it into single family neighborhoods. Scott asked Greenleaf if there were any tax advantages to calling it "elder family home" as opposed to building an apartment with eight units and a common living and dining room. Greenleaf said he did not know. Bovbjerg asked if there were any tax or inspection differences between RM and RS zones. Holecek said she did not know specifics, but assumed they are the same. Scott stated that the idea had potential, but he would not drop it down to the RS zones. Miklo said there is another provision in the zoning ordinance that allows elder housing, and someone can apply for that and designate it as an elder housing development and would get a break on parking. He said that it can be done in all the multi-family zones. Chait asked if this is allowed in an RS-8 zone if it means 16 potential pods in one parcel, since RS-8 includes duplexes. Scott said he thought you could do almost everything Greenleaf wants to do under the present ordinance, except in the RS-5 and RS-8 zones, Miklo said that currently you could convert an existing house to an elder group home in any zone, but could not have the individual kitchens. Bovbjerg suggested taking some action on the matter, rather than none at all. Greenleaf suggested that the Commission refer the issue to staff, considering the length of discussion. Scott asked Greenleaf if he would be willing to do research on the issue, with some assistance from staff, to specify why it would be an exception to what is presently allowed. Greenleaf stated that what was originally submitted to the Housing and Inspection Depart- ment for a building permit included a kitchen and was therefore called an apartment. Planning & Zoning Commission October 17, 1996 Page 14 However, they had no specific definition for an apartment. He said he would be willing to work with staff, but d!d not know where it would go, based on previous discussions. Greenleaf said his goal is to have the Commission look at the homes in RS as well as RM zones. MOTION: Scott moved to put the question of amending the definition of "elder family horne" on the pending list. Supple seconded the motion. Scott said he does not support the idea in RS zones. Gibson said he is concerned that the request may include a fundamental change. The motion failed on a vote of 0-6. PLANNING AND ZONING COMMISSION INFORMATION: Miklo stated that there is a Community Housing Forum at the Public Library in Meeting Room A on Wednesday night, October 23 at 6:30 p.m. He said everyone is invited. There may be some zoning issues that come up at the forum. MOTION: Jakobsen moved to adjourn at 9:50 p.m. Gibson seconded, The motion carried on a vote of 6-0. Minutes submitted by Anne Schulte. IOWA CITY PLANNING & ZONING COMMISSION MEETING THURSDAY, OCTOBER 17, 199~- 7:$0 P.M. CIVIC CENTER COUNCIL CHAMBERS SIGN IN SHEET Name Addr s Z 8. 9. I0. 11. 12. 13. 14. 15. 16. 1Z 18. 1~. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 7,1996-7:30 p.m. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Benjamin Chait, Dick Gibson, Jane Jakobsen, George Starr, Ann Bovbjerg, Lea Supple, Thomas Scott. MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Holecek, Brandy Dulceak CALL TO ORDER: Chairperson Starr called the meeting to order at 7:35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARDS AND COMMISSIONS: Start listed the vacancies on the Board of Adjustment, the Board of Appeals, the Human Rights Commission, the Parks and Recreation Commission, the Planning and Zoning Commission, and the Senior Center Commission along with the term for each available position. He noted that appointments for these positions would be made by the City Council on December 3, 1996. REZONING ITEM: REZ96-0019. Public discussion of an application submitted by Ed and Cheryl Sobaski to rezone approximately .76 acres located at the southwest comer of Waterfront Ddve and Southgate Ave. from C1-1, Intensive Commemial. to CC-2, Community Commercial ( 45 day limitation pedod: November 14, 1996), and discussion of a request submitted by Ed Sobaski to amend the Zoning Chapter to allow childcars facilities in the C1-1 zone by special exemption. Miklo explained the request as stated above. Ed Sobaski pointed to the letter he recently submitted to the Commission which stated his request for expeditious consid- eration; for the Commission to make its recommendation at the November 21 meeting. He explained the timeline he was working with and repeated his willingness to waive the 45 day limitation period. Public discussion: There were no public comments. Public discussion closed. MOTION: Scott made a motion to amend the FY97 work program pending list to include the request concerning child care facilities and to set itas a priority. Jakobsen second- ed the motion. The amendment was a~proved by a 7-0 vote. PLANNING & ZONING COMMISSION November 7, 1996 Page 2 MOTION: Bovbjerg moved to defer REZ96-0019 until the December $th meeting. The motion was seconded by Chait. The motion passed on a 7-0 vote. DEVELOPMENTITEM: SUB96-0025. Public discussion of an application submitted by Todd Gordon, on behalf of property owners Karl and Leota Buchmayer and John P. and Dianna Furhmeister, for preliminary and final plat approval of Furrows Edge, Part II, a resubdivision of Furrows Edge, Lots 1-4, a three lot, 14.16 acre subdivision located in unincorporated Johnson County east of Highway 1 and north of Penny Lane NE. (45-day limitation period: November 25, 1996) Miklo said access to the property was an issue at the informal meeting on Monday. He clarified the lot divisions and the restrictions on direct access to Highway 1, and recom- mended deferral until the issue can be resolved. Public discussion. There was no public discussion. Public discussion closed. MOTION: Jakobsen moved to defer SUB96-0025. Chalt seconded the motion. The motion to defer was a1313roved by a vote of 7-0, PENDING LIST/WORK PROGRAM ITEMS: Public discussion of a request from the Board of Adjustment to review and amend Zoning Chapter Section 14-6P-2C, the vision triangle requirement, to address variations. such as controlled versus uncontrolled intersections, the width of rights-of-way at intersection, and the posted speed limit on the intersecting streets. Miklo said the Board of Adjustment and the staff recommend studying the proposal. There were no questions and no public discussion. MOTION: Bovbjerg moved to amend the work pending list for FY97 by adding the vision triangle issue. The motion was seconded by Supple. The motion 13assed ?-0° Public discussion of a request from the City Council to place consideration of amend- ments to the definition of elderly family homes on the Commission's pending list. Miklo indicated that some members of the Council wanted this issue examined soon. Bovbjerg asked if the definitions deal with land use. Miklo said it was broadly inter- preted. Starr inquired if this was a zoning area question and Miklo said it concerned zoning issues. Jak0bsen asked about the order of the pending list and the items on it now. Miklo clarified that items 1-5 were carded over from last fiscal year, the Council had requested that #5, regarding the compatibility of new multi-family buildings in establishing neighborhoods, be a priority and that item #7 on down were not pressing PLANNING & ZONING COMMISSION November 7. 1996 Page 3 issues. Bovbjerg wanted to know if the current item #5 was a priority compared to the request concerning elderly family homes. Miklo explained that some councilors had wanted this new item to be a priority. Bovbjerg asked if the elderly family homes issue could go with the current #5, but Miklo indicated they were different issues. Staff clarified the order of items on the pending list. Scott suggested the new item be added in as #6 Scott explained how the Commission could repdodtize after the start of the new year. He thought #5 goes with this new item, because of the similar struc- ture and zoning concerns. Bovbjerg agreed with the similarity of issues, but expressed concern over changing priorities at the new year. Scott concluded that the new item just needs to be added; its position on the list is irrelevant. He suggested listing it as either a #6 or a #12 pdodty. MOTION: Jakobsen moved to amend the FY97 pending list to add review of the definition of elderly family homes as item #12. The motion was seconded by Scott. The motion passed 7-0. 3. Communication tower guidelines issue. Miklo said the City Council had asked that the Commission consider developing guide- lines for communication towers. Supple asked if it needed to be done now. Scott said there was a distance requirement in the code now. The Council wanted Planning and Zoning Commission to suggest any other restrictions or requirements for the tower guidelines. Scott said the Council wants to codify the standards for the towers. Bovbjerg mentioned she did not see this as an immediate issue. MOTION: Scott moved to amend the FY97 work pending list to include review of performance standards on cellular towers as item #14. The motion was seconded by Supple. The motion I~assed 7-0. OCTOBER 17, 1996, PLANNING AND ZONING COMMISSION MINUTES: Supple moved to approve the minutes as amended. Chait seconded the motion, The motion was al~proved by a vote of 7-0. OTHER BUSINESS: Starr awarded Scott a certificate of appreciation for his service and accomplishments during his 15 years on the Commission. Scott thanked the Commission. the Chairman and the Mayor for the recognition. He mentioned the importance of interaction with the other Commissioners and staff and commended them on their excellent performance. The Commissioners individual- ly thanked Scott. PLANNING AND ZONING COMMISSION INFORMATION: Jakobsen asked whether the Commission should consider canceling the December 19th and January 2nd meetings. Scott favored canceling the January 2nd meeting. Supple inquired about the problems members might have in attending these meetings Mikio said they could decide at the December 5th meeting if there was reason to cancel. PLANNING & ZONING COMMISSION November 7, 1996 Page 4 ADJOURNMENT: MOTION: Supple moved for adjournment at 8:10 p.m. Chait seconded the motion. The motion carded on a vote of 7-0. Lea Supple, Secretary Minutes submitted by Brandy Dulceak.