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HomeMy WebLinkAbout1995-02-28 Bd Comm minutesMINUTES IOWA CITY HOUSING COMMISSION NOVEMBER 8, 1994 CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: ROGER J. REILLY, JAYNE SANDLER, JACK MCMAHON, JAMES L. HARRIS, CHARLES EASTHAM MEMBERS ABSENT: BENJAMIN J. MOORE STAFF PRESENT: RON HENDERSON, DOUG BOOTHROY, MARIANNE MILKMAN, STEVE NASBY RECOMMENDATIONS TO COUNCIL: HALF OF FMR AMOUNT PROPOSAL" Housing Authority. That the Utility Allowance titled "ONE- be adopted for use by the Iowa City MEETING TO ORDER: Meeting was called to order at 8:02 ~4 by Vice- Chairperson Reilly. MINUTES: Mo~ion to approve the Minutes with changes was made by Eastham, seconded by Harris, carried 5-0. Affirmative roll call: Reilly, Harris, Eastham, Sandlet, McMahon. Absent: Moore. CD HOUSING UPDATE - MILKMAN - Update City Steps Milkman stated all Public Meetings have been held. They were well attended. A lot of interest was shown and good information was obtained and good suggestions for possible solutions were provided. A summary of the meetings will be prepared and distributed. Tapes of the meetings are also available. Anyone who has ideas of needs or data that would be useful that has not previously been presented should contact Steve Nasby. He will put everything together and with the updated data from the CHAS create t:ew material. Milkman reviewed the Draft of the CITY STEPS. She stated 1990 census data has been used in the tables. Tables include University of Iowa housing. Housing Commission members made suggestions to include a table that shows growth of housing assistance over time, expand on the statement for a need to rezone to higher density use, restate section about students taking low wage jobs not really appropriate, and adding a statement about the transition from low to medium density in undeveloped areas to the barriers to affordable housing. Milkman stated next sections to be looked at are Needs Assessment and Priorities Strategies. Page 2 MINUTES NOVEMBER 8, 1994 - Review FY94 HOMB Budget Nasby stated when Housing Commission made HOME budget recommendations in May a request was made for a review in 6 months. The $150,000 earmarked for Towacrest Relocation Program are now available for reallocation due to regulation changes in the HOME program. The funds can still be used to help households in acquisition o~ manufactured homes, i.e. downpayment assistance, loan guarantees, or interest rate buy-downs in cooperation with lenders. Housieg Commission members requested to see a proposal. Milkman stated they will have in December or January. Representatives of the 2 CHODOS (HACAP & GICHF) gave an update on their HOME projects. HACAP has no offers yet. They are still making inquiries and waiting for paperwork to be completed. GICMF & Burns have applied for IDED funds and have received no official word yet although the informal feedback has been positive. The site still needs to be finalized and they should know in the next 30 days. CCN REPORT Appointment of new representative Due to the resignation of Paetzold-Durumeric, the Housing Commission' needs to appoint a new representative to the CCN. Milkman stated the Housing Commission representative is a voting member of CCN. CCN deals with CDBG funds and the Housing Commission deals with HOME funds. It has been suggested that maybe sometime in the future a single committee will review all funding. CCN meets at 6:30 PM on the fourth Wednesday of the month for about 1 1/2 to 2 hours. Harris stated he would attend the November meeting. The appointment will be discussed at the next Housing Commission meeting. HOUSING AUTHORITY REPORT - HENDERSON - Quarterly Statistics Henderson presented a summary of first quarter F¥95 statistics, which the Housing Commission had requested. The targeted 97% occupied rate was met for Vouchers and Public Housing but not for Certificates, which was 95%. Waiting list people who are now being issued will be oriented for the Certificates and Vouchers will be used if Certificates don't work for the unit selected. PAGE 3 MINUTES NOVEMBER 8, 1994 - Utility Allowances Henderson presented two proposed increased utility allowances. The first is based upon the Housing Com&niseion request that the utility allowances be increased by one half the increase of the F~LR by bedroom size. The second is based upon data gathered for the cost of gas and electric and water, sewer, and other utilities. Motion to recommend to Council that the Utility Allowance titled "ONE-HALF OF F~tR ~24OUNT PROPOSAL" be adopted for use by the Iowa City Housing Authority, was made by Eastham, seconded by Sandler, carried 5-0. Affirmative roll call~ Reilly, Harris, Eastham, Sandler, McMahon. Absent: Moore. OLD BUSINESS - None NEW BUSINESS Board of Appeals Boothroy stated that housing code appeals will be heard by the Housing Board of Appeals and that nothing in the Iowa City Housing Code needs to be amended to show the change from Housing Commission to Board of Appeals. Boothroy stated that the By-laws do need to be updated and he will work on the revision. ADJOURNMENT - Motion for adjournment at 9:47 AM was made by Reilly. APPROVED BY: CHAIRPERSON MINUTES IOWA CITY AIRPORT COMMISSION TUESDAY Ji~uNU~RY 10, 1995 - 5:30 IOWA CITY TIL~LNSIT FACILITY MEMBERS PRESENT: John 0ckenfels, Pat Foster, Richard Blum, Robert Hicks STAFF PRESENT: Ron O'Neil, Anne Burnside CALL TO ORDER: Chairperson Ockenfels called the meeting to order at 5:30 p.m. A quorum of the Commission was present. PUBLIC HEARINg: Wade property lease - This hearing was continued from the last meeting. Ockenfels opened the hearing at 5:35 p.m. He said he contacted Mrs. Wade and she said they are not interested in a lease but would like to be contacted if the City decides to sell the property. There being no other comments, Ockenfels closed the hearing at 5:36 p.m. APPROVAL OF MINUTES: The minutes of the December 13, 1994, meeting were discussed. Hicks commented that he would like the minutes to state that the Commission requested the City Attorney's office review and comment on the Gordon agreement before it was finalized. O'Neil said that information will be noted. AUTHORIZATION OF EXPENDITURES: Foster moved to approve the expenditures as presented. Hicks seconded the motion. O'Neil said Van Winkle Jacob presented a bill for time lost while a water heater was being installed. Ockenfels will meet with Van Winkle - Jacob to discuss the bill. Ockenfels said he is not inclined to pay the bill. The Commission voted 3 -0 to pay the bills, with Blum abstaining. PUBLIC DISCUSSION - ITEMS NOT ON AGENDA: Jones, from ICFS, commented on the good job of snow removal from the past snow storm. Ockenfels thanked him for his comment. ITEMS FOR DISCUSSION/ACTION: ao Wade property lease o Since Ron Wade was no longer interested in this project, the item was removed from the agenda. b. Gordon Aircraft Commercial Business Agreement - Ockenfels and Blum met with Gordon and have drafted an agreement. It was reviewed by Burnside and O'Neil and some changes were suggested. Several items were discussed, including the length of the term of the lease and what commercial services would be allowed. O'Neil said that instead of allowing a one year extension at Gordon's option, the lease should require Commission approval of any extension. Gordon would be allowed to rent office and hangar space, and have aircraft sales and aircraft rental. Gordon and his hangar tenants would be allowed use of the fueling system. 0ckenfels said all the terms of the HLM lease are incorporated into this agreement. Burnside recommended that the terms be spelled out specifically and not just referenced from another lease. Jones, from Iowa City Flying Service, said if hangar tenants were allowed to use the fuel system, Gordon would be commercially selling fuel. He said this is not allowed by City ordinance. Ockenfels said the question that needs to be answered is ' What constitutes a fuel sale ' ? Does shared use of the fuel tank involve fuel sales ? Burnside will research what is considered to be a fuel sale. Hicks thought the Commission should proceed more carefully on this issue. He thought more time and research should be done before a final agreement is approved. Blum will make the corrections discussed and sent a copy to Gordon, the Commission members, and to the City Attorney's office. Ockenfels will send a letter to HLM, requesting a response that they understand the use of the hangar is changing from a non- commercial to a commercial use. The Commission will require that the Commission be named as additionally insured on HLM's insurance for the hangar. This item will be on the agenda in February or a special meeting will be scheduled, if needed. c. Iowa City Landscaping - O'Neil said a copy of the lease was sent to ICL for their signature. They were invited to the Commission meeting to discuss the lease. Since no one was there to represent ICL, Horan will continue to negotiate with ICL and this will be on the agenda at the February Commission meeting. do No Smoking Policy - Terminal Building - State law requires the public areas of the Airport Terminal to be non-smoking. The Commission directed O'Neil to post No Smoking signs in the Terminal Building and to entrances to the air side of the Airport. e. Master Plan Study - Ockenfels said a meeting was held between City staff'and McClure Aviation to discuss final details of the Master Plan Study contract. The meeting was attended by Susan Horowitz, Howard Horan, Anne Burnside, John 0ckenfels, Ron O'Neil, Jerry Searle and Terry Lutz. Several issues were discussed. Searle will make the.corrections agreed on and 'return the document for review. f. Vending agreement, ~a'ry Miller This item has been removed from the agenda. Mr. Miller is no longer interested. COMMISSION MEMBERS' REPORTS: No items were presented. CHAIRPERSON'8 REPORT: No items were presented. ADMINIBTRATIVE REPORT= O'Neil said that if the Commission wants to invite one or both of the portable flight simulators that are available through the EAA and Pilots Association of Iowa for the August fly-in breakfast, they should contact those organizations soon. 0ckenfels will contact the'organizations. Bids are due for the T-hangar building on February 3, 1995. The contractors can bid either a steel or wood structure. This will be an agenda item at the February 14 meeting. O'Neil said the main entrance sign to the Airport is det@riorating badly and will need to be replaced in the near future. O'Neil will get some cost estimates. Blum said the entire entrance landscaping should be examined. One of the three boilers in the Airport Terminal has a cracked heat exchanger. The boiler may last through the heating system. If not, the remaining two boilers will provide enough heat for the building. It will cost about $1200 to $1600 to repair the boiler. O'Neil said there is a copy of the proposed FY96 budget in the packet. The City administration has recommended two capital improvement projects be eliminated. One was for funding to replace the asphalt around the T-hangars and the other project was for funding ADA improvements for the Airport Terminal. The Commission will have an opportunity to address the Council concerning the budget at a meeting sometime in February. The new Commission member to replace Ockenfels will be appointed at the January 17 Council meeting. Ockenfels term ends in February. The Van Winkle-Jacob lease is due in June, 1995. O'Neil.suggested that a subcommittee began negotiating the lease soon. SET NEXT MEETING: The next regular meeting was scheduled for February 5:45 p.m. Foster moved to adjourn the meeting at 7:00 p.m. motion and the meeting was adjourned. ~hn Ocken fei~ C~h~ irpers on 14, 1995, at Blum seconded the MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION MONDAY, JANUARY 30, 1995 - 5:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Trey Stevens, Roger Christian, Tim Finer, Eric Rothenbuhler MEMBERS ABSENT: Cordell Jeppsen STAFF PRESENT: Shaffer, Brau, Helling, Burnside OTHERS PRESENT: Beth Fisher, Ren~ Paine, Barbara Black, Doug Larrie, Mary Jo Langhorne, Lida Cochran, and Steven Hoch, Derrik Mauer SUMMARY OF DISCUSSION: Fisher reported plans for the Sesquicentennial Video Project are progressing well. Paine reported PATV will hold a documentary video production workshop on February 25. The workshop will enable those shooting for the Sesquicentennial Video Project to develop some advanced skills prior to the week when the shooting will take place. Langhorne reported the school's Strategic Technology Plan has been completed and will move into the implementation phase. She thanked Shaffer for participating and for sitting on the newly formed District Technology Council. The secondary schools will have access to the Internet through twisted pair technology to the World Wide Web within the month. The Commission requested additional information from TCI to determine the reasonableness of TCI's most recent rate increase request. Shaffer reported he and Dale Helling met with representatives of Coralville to inform them of progress made in franchise negotiations. The draft franchise agreement will be delivered to TCI tomorrow with a two week turn around period requested. The franchise could be sent to the City Council by the end of March. The BTC will hold a special meeting to discuss community programming February 20. APPROVAL OF MINUTES: It Was moved by Finer, seconded by Rothenbuhler to approve the November 28 minutes. Unanimously approved. ANNOUNCEMENTS OF COMMISSIONS:RS: None. ANNOUNCEMENTS: Lida Cochran said she was. observing the BTC on behalf of the League of Women Voters. LIBRARY REPORT: Fisher reported repairs are being made on the character generator. A public meeting of the Sesquicentennial Video Project drew 30 people in bad weather. Planning and publicity committees have been meeting. Three weeks prior to the week of shooting, another public meeting of those who will be involved will be held. Broadband Telecommunications Commission November 28, 1994 Page 2 PATV REPORT: Paine reported that a~ a part of the Sesquicentennial Video Project PATV will hold a dqcumen- tary video production workshop on February 25. PATV is awaiting the completion of the franchise agreement to start the review of their long-term planning. The workshops have been full. Call-in programs have become quite popular. The Press Citizen is planning a call-in program called "Meet the Press Citizen." An article about PATV may appear in the ICON. ECC REPORT.: Langhorne reported the iowa City .Community School District Technology Plan has been completed and will move to the implementation stage. Community networking and resource sharing are included in the implementation framework and the schools will be working with the community to develop those relations. Shaffer has been selected to serve on the ongoing Technology Council as one of the two community members. It is anticipated that the second- ary schools will have access to the Internet's World Wide Web within a month. Stevens said the advances made by the schools demonstrate how proactive the schools have become and he looks forward to the schools working with TC]. Blough said Iowa City could serve as a model for other TCI systems. Stevens suggested sending a copy of the Technology Plan to TCl's corporate offices. LEGAL REPORT: Burnside reported she has be~n busy working on the new draft of the cable ordinance and franchise agreement. TCI REPORT: Blough reported the recent ice storm resulted in few problems. CABLE TV ADMINISTRATOR: Shaffer reported ten complaints about billing problems: 1 requesting a parental control lockout device for MTV; 2 about poor sound quality on PBS and 2 about the rate increase connected to the Disney Channel moving to expanded basic. The City Cable TV Office is working on a community programming proposal at the BTC's request which is expected to be finished by the next @TC meeting. Shaffer reported he has received a memo from the City Council Rules Committee inquiring about the need for changes in the BTC bylaws so that Commissioners appointed to an unexpired term of six months or less would be able to continue to serve the subsequent term and opening membership of the Commission to local residents not living in Iowa City. Stevens said, and the Commission agreed the changes in the term rules would make the process more efficient and because no special criteria is required of BTC Commissioners, there would be no need to extend membership beyond Iowa City. TCI RATE INCREASE: Shaffer reported the City has until March 7 to act on TCI's most recent request for an increase in basic cable rates. Stevens asked what type of information is provided by TCI to justify rate increases. Shaffer said information is provided on FCC forms and is not very Broadband Telecommunications Commission November 28, 1994 Page 3 extensive. Stevens asked about the criteria used to determine the reasonableness of a rate increase. Shaffer said the rate increase request may be made quarterly and are based on .increased costs and inflation. The programming costs make up the largest increase in cost, BIough said they review most of their programming contracts annually. Stevens asked if the Commission could review the programming contracts. Blough said the company will not provide programming contracts if they are proprietary information and the FCC has supported the cable industry on this issue, @1ough said the City does have the right to request additional information during the review period. Stevens said that if rates are going up due to program- ming and cost, then the ~pecific information on how programming costs have increased are needed to make an intelligent decision. Stevens requested that Shaffer send Blough a request for the speci¥ic information needed as quickly as possible, REFRANCHISlNG: Shaffer reported Helling and he met with representatives of Coralville to inform them of the progress made in negotiations, It is important to the company that the two franchises be developed in coordination, if possible, The most recent draft of the franchise will be delivered to TCI tomorrow for their response. There are still two unresolved substantive issues, both of which are being reviewed by the City Attorney and TCI attorneys. Burnside is continuing to work on the ordinance and a teleconference will soon be held to help move it toward completion. The City has requested a two week turnaround period on the draft franchise agreement from TCI. After an agreement has been reached the BTC may need to hold a special meeting to make a recommendation on the franchise. The City Council will need to hold three readings and a public hearing. Possibly a joint hearing with the BTC could be held if Council so desired. The franchise may be sent to the Council in the end of March. SPECIAL MEETING: It was agreed to hold a special BTC meeting February 20 at 5:30 in the Lobby Conference Room to discuss the City Cable Division's Community Programming Proposal and community programming in general. ADJOURNMENT: It was moved by Rothenbuhler, seconded by Finer to adjourn. Unanimously approved. Adjournment at 6:15 p.m. Respectfully submitted, MINUTES BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 8, 1995 - 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: William Haigh STAFF: Sarah E. Holecek, Charles Denney, Melody Rockwell, Lisa Schweitzer OTHERS: Kevin Kidwell, John Moreland, Ned Mendenhatl, Larry Niegowski, Neena Paul, Bryn Wilkinson, Jacque Holloway, Heather Trank RECOMMENDATION TO COUNCIL The Board of Adjustment recommends that Susan Bender be appointed to the Johnson County/Iowa City Airport Zoning Board of Adjustment to replace Catherine Johnson, whose term on the Board of Adjustment ended on January 1, 1995. CALL TO ORDER Chairperson Vogelzang called the meeting to order at 4:37 p.m, ELECTION OF CHAIR AND VICE CHAIR OF THE BOARD OF ADJUSTMENT, AND RECOM- MENDATION TO COUNCIL ON APPOINTMENT TO THE AIRPORT ZONING BOARD OF AD- JUSTMENT Eckhardt nominated Vogelzang to be Chair of the Board of Adjustment. Bender seconded. The motion carried 3-0. Bender nominated Eckhardt to be Vice Chair of the Board and Vogelzang seconded. The motion carried unanimously. In response to a question from Bender, Rockwell noted that the last representative to the Airport Zoning Board of Adjustment was Catherine Johnson, and there were no meetings of the Airport Zoning Board during the six years she served. Vogelzang nominated Bender to be recommended to Council to serve on the Johnson County/Iowa City Airport Zoning Board of Adjustment. Eckhardt seconded. The motion carried 3-0. Rockwell introduced Assistant City Attorney Holecek, who was serving as the Board's counsel for Anne Burnside, who was ill. CONSIDERATION OF THE MINUTES OF THE DECEMBER 14, 1994, MEETING Eckhardt moved for approval of the minutes of the December 14, 1994, meeting. Bender seconded. The motion carried 3-0. Board of Adjustment February 8, 1995 Page 2 SPECIAL EXCEPTION ITEMS: EXC95-0001. Public hearing on a request submitted by Kevin and Carol Kidwell for a special exception to permit a front yard modification for property located in the PRM zone at 219 E. Harrison Street. Rockwell showed the proposed layout of the property. She noted there is access to the property from an alley. She said the existing house on the property would be taken down to make way for construction of a six-piex. Rockwell said the applicants would like to locate the building closer to the Harrison St-feet right-of-way to minimize encroachment of the construction area on the steep, wooded slope on the south part of the site. Rockwell said City Code requires a 20 foot front yard setback for properties located in the Planned High Density Multi-Family Residential (PRM) zone, She said in accor- dance with the PRM zone regulations, the Kidwells were administratively granted a 50% reduction in the front yard requirement along Harrison Street, because they met the requirements to obtain 7 bonus points by planning to construct an apartment house with a masonry finish on the exterior and providing ~5,000 for street furniture, land- scaping and lighting. She reported the applicants are now requesting an additional front yard reduction to locate the building as far as possible from the steep, wooded slope to the south. Rockwell said one of the Board's considerations is whether the property has unique characteristics, The topography of the property and its location with frontage on a closed street contribute to the peculiarity of the property. in considering the elements of practical difficulty, Rockwell pointed out the requested 21% reduction is not qualita- tively or quantitatively substantial in relationship to the requirement. The yard reduc- tion will not increase the population or impact municipal facilities. Rockwell reported the exception would allow construction to occur in a location on the property that minimizes construction erosion. She said the applicant could feasibly build further to the south, but this would make construction and erosion control more difficult, and would require removalof some of the mature trees at the top of the hill. She said the interests of justice would be served by granting the yard modification. Rockwell reported that the proposed building and the landscaping improvements will improve the value of the property. She said the extra-width Harrison Street right-of- way north of the property is not used for vehicular traffic. The requested exception will not affect traffic patterns. The wooded slope to the south will serve as a natural visual buffer between the proposed six-plex apartment house and the neighboring residences. She said the construction of the building is in keeping with the Compre- hensive Plan which provides that the area south of Burlington Street and west of Gilbert Street be encouraged to develop "for primarily high. density residential uses, commercial uses, or a mixture of the two." The Plan states that "high density residen- tial uses are favored in this area since it is close to the employment and retail center of the downtown and the University campus, and is a prime area for redevelopment." The Comprehensive Plan also sets forth environmental policies concerning the protec- tion of wooded areas and the prevention of hazards, such as landslides. Board of Adjustment February 8, 1995 Page 3 Rockwell said staff recommended approval of EXC95-0001, a special exception to reduce the required front yard setback along the Harrison Street right-of-way from ten feet to five feet for the west 25 feet of the north side of the proposed multi-family residential structure, and from ten feet to seven feet for the east 20 feet of the north side of the structure, subject to the property receiving approval of a grading and erosion control plan that identifies existing trees six inches in diameter or greater on the site to be preserved and existing trees of such size to be removed, and specifies measures to be used to protect trees during construction. Bender asked at the time the original 50% reduction was granted, was there a request for more of a reduction. Rockwell said the reduction was granted administratively. She understood that later, during preparation of the construction plans, the applicants found it would be beneficial to locate the building closer to the north end of the property. PUBLIC DISCUSSION Kevin Kidwell, applicant, said the front yard could only be reduced administratively by 50%. Originally, he and his wife thought the 50% front yard reduction would be enough, but then they found it would be helpful to reduce it by even more. He provid- ed clarification on the site map for Eckhardt concerning the retaining wall on the south side of the property. BOARD DISCUSSION MOTION: Eckhardt moved and Bender seconded a motion to approve EXC95-0001, a special exception to reduce the required front yard setback along the Harrison Street right-of-way from ten feet to five feet for the west 25 feet of the north side of the proposed multi-family residential structure, and from ten feet to seven feet for the east 20 feet of the north side of the structure, subject to the property receiving approval of a grading and erosion control plan that identifies existing tree six inches in diameter or greater on the site to be preserved and existing trees of such size to be removed, and specifies measures to be used to protect trees during construction, Vogelzang said he wanted to commend the applicant for working so hard to make the project nice. He said it was an interesting, but difficult site to redevelop. The applicant should be commended for taking measures to develop the property nicely and trying to avoid erosion. He said the new building would be a great improvement to the site and for the neighborhood. Bender said she agreed with Vogelzang. She noted there were many practical difficul- ties for developing the property. She thought the project would do nothing but en- hance the neighborhood. She said the project conforms to the Comprehensive Plan policies to increase residential density while respecting thd environmental features of the site. Eckhardt agreed with her peers. She said the physical location of the structure. will have little impact on traffic, because it is located on a dead end street. The motion carried 3-0. Board of Adjustment February 8, 1995 Page 4 EXC95-0002. Public hearing on a request submitted by Ned Mendenhall and John Moreland to amend a special exception granted by the Board of Adjustment on January 12, 1994, for a youth entertainment ~:enter, and to request parking on separate lots for property located in the CC-2 zone at 1550 First Avenue. Denhey said the original exception allowed the establishment of the First Avenue Club as a youth entertainment center. He said the approval allowed 1 ) a commercial recre- ation use in the CC-2 zone, 2) a reduction in parking from 48 to 32 spaces, and 3) parking on a separate lot. He said all of the exceptions'were restricted to use of the property as a youth entertainment center, known as the First Avenue Club. He said the applicants have lost money on the club operating !t only as a youth entertainment center. The applicants are requesting the original exception be amended to allow a change in the use of the property so the club can be rented for private parties. Denhey said the facility would be operated as a youth entertainment center two nights per week and then would be available to lease at other times. He said the proposed use would constitute a meeting hall, a permitted use in the CC-2 zone that would require 107 parking spaces. He said the Nelson Center, which occupies the first floor of the building, requires 14 spaces for a total of 121 required spaces. Denney said rental of the property would be limited to weekends and after 5:00 p.m. on weekdays, which will allow the use of shared parking available in the vicinity of the club, He said staff originally supported the establishment of the center, because of a lack of similar facilities for youth in the City. Hi said the owners hope that losses from the teen center can be offset by the rental arrangements. He said staff supports this request if the applicant establishes specific times when the facility will be operated as a youth center and limiting leasing for private functions to weekends and after 5:00 p.m. on weekdays. Lehman entered the meeting at 5:05 p.m. Denney said he had only one call about the exception from a parent concerned about how parents will know when the center is open for teens and when it is unavailable due to private parties. Denney said he brought this issue to the applicants' attention. He said the applicants will address this issue later in the meeting. Denney said the City Code allows for 50% of required parking to be provided through a shared parking agreement with uses normally not in operation during the same hours. He said the applicant is proposing to provide 60 spaces through shared parking with surrounding businesses. As the applicant owns the neighboring lots, the agreement woul~l essentiagy be with himself. Denney said of the remaining 61 spaces, 23 spaces are to be provided on-site, 30 spaces through parking agreements with Goodwill Indus- tries, and 8 spaces through an agreement with Eastdale Mall. He said the applicant has an existing agreement with Eastdale Mall for 8 spaces, The applicants' agreement with Goodwill allows Goodwill to terminate the agreement with six months notice if Goodwill requires the use of the parking spaces due to a change in its use of the property. Denney recommended the Board require a condition stating that the excep- tion will expire if the parking agreement is terminated. Board of Adjustment February 8, 1995 Page 5 Denney said the off-site parking is within 300 feet as required by City Code and the connecting drives and aisles should provide for adequate pedestrian and vehicular access. Denney said staff recommended approval of EXC95-OO02, a special exception amend- ing EXC93-0030 to eliminate the restriction of use of the First Avenue Club as a youth entertainment center, and allowing parking on a separate lot be approved, subject to 1) limiting the hours of operation of the club to weekends and after 5:00 p.m. on weeknights, 2) advertisement of specific nights when the club will be operated as a youth entertainment center, 3) recgrdation by the applicants of the parking agreement between the applicant and Goodwill Industries, and 4) an acknowledgment that termination of the parking agreement by Goodwill will cause the special exception to expire. Eckhardt asked if Lot 8 and Lot 9 have apartments. She asked if the parking spaces required for apartments were counted in the shared parking agreement. Rockwell said that residential spaces were not counted as part of the shared parking; only comm. er- cial spaces were counted. PUBLIC DISCUSSION John Moreland, 2602 Rochester, said he came to the Board a year ago with the request for the youth entertainment center. He said he was a little naive at the time about the amount of revenue the club would generate. Although he never intended the operation to generate great profits, he had hoped to break even. He said the center has had dances and a job fair night for teens. Those are good things to do for the kids, but it just has not provided much revenue. He said he has been putting in $8,000 to $10,000 of his own money a month to keep it going. He's had requests for the room for wedding receptions. He said he owns all the surrounding property and will make sure that parking is available. He said the teen center is a good service for the community and he wants to keep it going. Bender asked how he intended to notify parents of the times the facility would be open as a teen center. Moreland deferred to Mendenhall to respond to Bender's question. Ned Meridenhall, a~licant, said he puts announcements in the Press Citizen's infor- mation column to announce dances and also advertises in t~'~e Hot Ticket, which is free at the supermarket. He said the Club's answering machine gives times and dates. He said they are also considering purchasing a 10 foot changeable sign to announce teen nights as well as other scheduled events. Vogelzang asked what type of parties they plan to host. Mendenhall said they would like to have things like birthday parties, church dances, or other family or church related activities. Vogelzang asked if there would be alcohol on the premises. Meridenhall said that if it is a private party and they are 21 or above, alcohol may be provided. Moreland said it is a possibility that they will apply in the future for an alcohol license, but there would never be alcohol on the premises when they host functions for minors. Board of Adjustment February 8, 1995 Page 6 He said it would be managed like the Elks when they switch between teen and adult functions. He said they have to have the ability to serve what the adults want. Lehman asked if the specified hours would limit the applicant from serving breakfasts and lunches. Mendenhall said he'd closed lunches long ago. Rockwell said the parking agreement with Goodwill requires limited hours. Denney noted that the limited hours were required for the shared parking. This is to ensure the shared parking spaces will not be overburdened during the day when the other commercial establishments are open for business and need the required parking. BOARD DISCUSSION MOTION: Lehman moved to approve EXC95-0002, a special exception amending EXC93-0030 to eliminate the restriction of use of the First Avenue Club as a youth entertainment center, and allowing parking on separate lots, subject to 1 ) limiting the hours of operation of the club to weekends and after 5:00 p.m. on weeknights, 2) advertisement of specific nights when the club will be operated as a youth entertain- ment center, 3) recordation by the applicants of the parking agreement between the applicant and Goodwill Industries, and 4) an acknowledgment that termination of the parking agreement by Goodwill will cause the special exception to expire. Eckhardt seconded. Lehman said he thinks that staff has done a good job of evaluating the exception, and he would go with their recommendation. Vogelzang said his only concern was the alcohol. He felt the applicant had addressed this concern. He believed the operation provided a good service. He certainly under- stood the money concerns. He said he would vote in favor of the request. The motion carried 4-0. VARIANCE ITEM: VAR95-0001. Public hearing on a request submitted by the Iowa Zeta Chapter Pi Beta Phi Association for a variance to the lot area requirement for a sorority located in the RNC-20 zone at 815 E. Washington Street. Rockwell gave the Board enlargements of the existing and proposed floor plans to show how the expansion would work at each level. She said the sorority house is a continuing, nonconforming use. Its occupancy level was established prior to the enactment of lot area requirements for sororities in Iowa City. She said the current occupancy of the sorority house is 47 persons. The current lot area requirements would permit only 23 residents. She said the sorority now proposes to enlarge the dining room in the basement level and the living room on the first floor. She said according to Code, the structure, which houses a nonconforming use, cannot be enlarged or structurally altered, She said the only way for the sorority to expand is to obtain a 50% variance in the lot area require- ment, and thereby be considered a conforming use. Board of Adjustment February 8, 1995 Page 7 Rockwell said that the Zoning Chapter of the City Code is very specific about the requirements that must be met to obtain a variance. She noted all of the requirements must be met. The intent of the ordinance in restricting expansion of nonconforming uses is to encourage their conversion to conforming uses. In this case, it would mean conversion of the use to meet the density requirements. She said the lot area require- ments are intended to limit the intensivehess of use or overcrowding. Rockwell said making the building larger, and therefore more able to accommodate members may cause the sorority's membership to rise. She said the sorority currently has 119 members. She said what may prove a more ideal situation for the sorority may result in more traffic and vehicular congestion in the neighborhood, and not be in the public interest. She said the applicant has cited fire safety needs as a reason for expanding the facility, but the interior stairwells can be constructed without expanding the dining and living rooms. She said another element for the Board to consider is whether the requested lot area variance will be in harmony with the Zoning Chapter and the Comprehensive Plan. She said the intent of the RNC-20 zone is to preserve the character of existing neighbor- hoods and to prevent existing, conforming multi-family uses in the neighborhood from becoming nonconforming. She said the intent of the zone is clearly not to give special protection to nonconforming uses. Rockwell said the Comprehensive Plan has desig- nated this area for medium density residentia~ development, and the variance request for a nonconforming use that exceeds the maximum density by 100% violates the intent of the Comprehensive Plan. Rockwell said three tests of unnecessary hardship must be met to obtain a variance. Concerning the reasonable use test, the applicant has not demonstrated that the sorority house cannot continue to be used by a sorority, or another residential use permitted in the RNC*20 zone. The applicant has not shown the variance is needed to alleviate a clearly demonstrable hardship. In regard to the uniqueness test, Rockwell said the Board needs to determine that special conditions and circumstances exist which are peculiar to the land, structures or building involved, and that these circumstances are not applicable to other lands, structures or buildings in the same zoning district. She noted the lot area requirement is not unique to sorority/fraternity usage, but applies to other residential uses, including rooming houses and apartment houses. Rockwell said there are other properties in the area that are too densely populated, and granting the requested variance would confer on the applicant a special privilege that is denied by the Zoning Chapter to similar properties in the RNC-20 zone. She said she received two calls about the variance. One was from a neighboring property owner who wanted the ability to increase the density on his property through a lot area vari- ance. The other call was from a property owner who lives south of the sorority. She didn't mind the sorority's proposed expansion, but feared granting the variance would set a precedent for others to request lot area variances in an already densely populated neighborhood. Board of Adjustment February 8, 1995 Page 8 Rockwell said the applicant did not precipitate the zoning changes that over time created lot area requirements for sororities. The applicant met only this test of hard- ship. Rockwell said the applicant had not demonstrated that the literal interpretation of the ordinance will deprive the sorority of rights commonly enjoyed by other properties in the RNC-20 zone, or that it creates an unnecessary or undue hardship. She said that staff recommended denial of VAR95-0001, a request for a 50% variance to the lot area requirement, that is, a reduction in the lot area required per resident from 545 square feet to 273 square feet for a sorority use located in the RNC-20 zone at 815 E. Washington Street. PUBLIC DISCUSSION Vogelzang asked if there was any other communication from neighbors. Rockwell said no, only the two previously mentioned calls from neighboring property owne?s. Larry Nie~lowski, who works for the Cedar Rapids architectural firm of Brown, Healey, Stone & Sauer, said he was there representing the sorority. He thanked Rockwell for her help in preparing the application, but he also wanted to point out some differences in interpretation from the points made in the staff report. He said the sorority is pursuing the possibility of having off-site parking, but nobody wants to make the long- term commitment unless they know that the expansion is a sure thing. He said the off-street parking agreement depended on the Board's decision today. Niegowski said the sorority has 119 members; 46 of whom reside in the house. The concern that making the house more accommodating will bring in more members was a moot one. He said there is a membership cap of 120 members that is enforced by the Pan Hellenic Council. He said the number of members is not going to change as a result of the expansion and there will be no increased parking or traffic. He said the sorority has been there 70 years, and the parking and traffic will be the same as it always has been. Niegowski said it is true that the fire stairwells could be constructed without the proposed expansion of the dining and living rooms, but they won't be. The outside exits are unsightly, but meet fire requirements so the sorority will keep using them if they can't pursue the expansion project. Niegowski said there is a conflict in the Zoning Chapter between the lot area and parking requirements and the goal of neighborhood preservation. He said if the sorority was willing to prey on neighbors' properties by buying them up, they could pave two neighboring lots to conform with existing requirements. Niegowski said the staff report makes the reduction of lot area requirements dramatic. The percentages cited make it look ~ike the sorority is looking for a big change. He said this is not true. The sorority just wants to accommodate the mem- bers they currently have in the building they currently have. He said house meetings often have to take place with people sitting in several rooms and this is not good at all. Board of Adjustment February 8, 1995 Page 9 Niegowski said the sorority has never argued that the sorority does not have economic returns. He said they like the neighborhood and they want to stay. He said if they are placed in a straight jacket by the denial of this request, the site loses its utility and the sorority will have to find another site, Niegowski said staff has overstated the congestion in the area. He said the tot area requirements are an arbitrarily set number. He said the sorority has made very efficient use of land by having many women living in a small place safely. He said this is more efficient than an apartment complex vvith multiple kitchens. Neena Paul, 815 E. Washin~lton, said that Rockwell stated that someone had called her about wanting to add onto their property, She said the Board was deciding on the sorority's application. The other property had no impact on the matter before the Board, and therefore should not be discussed. She said she is the Sorority President, and is in charge of mandatory house meetings every Monday night. She said these meetings last an hour to two hours and all 119 members are required to come. She said the members have to sit in numerous rooms during this meeting, which makes it very difficult to conduct the meeting. · Bryn Wilkinson, 815 E. Washinqton, stated she is the Vice President of the sorority. She said the sorority is responsible for a lot of community philanthropy, including the Hospice Road Races with over $1800 each year in pledges. She said the sorority has donated books and money to the hospital. She said they need more room to continue to do their positive work for the community, Eckhardt asked how many members have cars. Wilkinson said 12 out of the 46 residents have cars, plus the housemother has a car. She said the members consider themselves part of campus. Many live in the dorms so they can walk or carpool. She said neither she nor Paul have cars. Lehman asked about the average membership. Wilkinson said it has been at 110 to 119 for the past four years. Jacc~ue Holloway, Cedar Rapids, said she has been acting as a fundraiser for the sorority. She said she couldn't do that without tradition. She said that reports that there will be more people is not true. The sorority would just be adding common space, not sleeping rooms. Heather Trank said she was an alum of the sorority. She knows the sorority is in no economic hardship. She said the expansion will be paid for strictly through fundraising they have done on their own. Rockwell clarified that the applicant must show an economic hardship that results from the ordinance requirement. Niegowski said that reasonable use of the land is denied. He felt that economic hardship was not the only measure of reasonable use of the land. Holloway said the sorority was financially responsible. She had approached three local banks and had no problem obtaining a loan. She said as far as neighborhood conserva- tion is concerned, the sorority creates the character of the neighborhood as they own a beautiful, well-maintained house in the area. Board of Adjustment February 8, 1995 Page 10 BOARD DISCUSSION MOTION: Eckhardt moved and Lehman seconded a motion to approve VAR95-0001, a request for a 50% variance to the lot area requirement, that is, a reduction in the lot area required per resident from 545 square feet to 273 square feet for a sorority use located in the RNC-20 zone at 815 E. Washington Street. Eckhardt said she felt very sympathetic toward the sorority's goals, but they did not meet the requirements for granting a variance. She said that land use regulations are mulled over at length in public forums before they are adopted. She said the sorority was already very much overpopulated. Vogelzang said he also sympathized with the sorority and its noble goals, but the Board is very much bound by the Code, He said the fact is the sorority plans to alter a nonconforming use, and the Code doesn't allow that. He said it is the physical structure the Board must look at and the facts of the case, not the sorority's goals, even though he supported them. Lehman said he would go with the staff recommendation. He said the sorority's membership seemed stable; it was not losing members because of the limitations of the house. Bender said this was a hard one for her, because her heart tells her that she should support the sorority's request. She has worked for Hospice, and she knew the good work the sorority has done. She said that reading the Code makes it clear, however, that the expansion goes against the intent of the Zoning Chapter and the policies set forth in the Comprehensive Plan. She said there are also the public interest issues. She did not feel comfortable with the sorority saying "maybe we can get some parking sometime." She felt there was a real lack of safety in the on-site parking arrangement and she could not find a place to park on the street. She said although this problem was not of the sorority's own making, she had no choice. She could not vote to approve this request. The affirmative motion was denied 0-4. Eckhardt moved to deny VAR95-0001, a request for a 50% variance to the lot area requirement, that is, a reduction in the lot area required per resident from 545 square feet to 273 square feet for a sorority use located in the RNC-20 zone at 815 E. Washington Street. Bender seconded. The motion to deny carried unanimously (4-0). CONSIDERATION OF COUNCIL APPOINTMENTS POLICY FOR BOARDS AND COMMISSIONS Rockwell gave information on this item to the Board. She said the proposed policy of filling appointments for full terms when making appointments to complete less than six months of an unexpired term was consistent with the City Code requirements for Board of Adjustment appointments. The Board members requested Rockwell to notify the City Clerk that the proposal is ~greeable to the Board. Board of Adjustment February 8, 1995 Page 11 Rockwell asked if any member feli it was appropriate to have nonresidents of Iowa City on the Board. Vogelzang said it was not appropriate, Members of the Board should be residents of Iowa City, The other Board members agreed and requested Rockwell to notify the City Clerk. Rockwell said she wanted to compl~ment the Board on its handling of the variance case. The Board upheld the Code's standards in an emotional case. Bender said the decision on the variance was hard. She wanted to know what recourse the sorority had. Holecek said the sorority can appeal to District Court by writ of certiorari, but it would have to show that acts of the Board have been illegal, She said the sorority's next step is not to expand, or to sell and relocate. Lehman asked Rockwell at what point she tells people they just can't apply for variances, Rockwell said she goes through the tests that must be met, and advises prospective appli- cants that it is difficult to get a variance approved, She said she tries to help people go into the process with their eyes open, but the City doesn't deny anyone the opportunity to appeal to the Board, ADJOURNMENT Lehman moved and Eckhardt seconded the motion to adjourn at 6:20 p.m. Rick Vogelzang, Chair I'l'~Secretary Minutes submitted by L. Schweitzer ppdadmin~min~boa2-8 SIGN IN SHEET IOWA CITY BOARD OF ADJUSTNENT MEETING WEDNESDAY, FEBRUARY S, 1995 - 4:30 P.Mo CIVIC CENTER COUNCIL CHAMBERS Name Address 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 22. 23. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, FEBRUARY 16, 1995 - 7:30 PM CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Pete Cooper, Sally Dierks, Jane Jakobsen, Tom Scott, George Starr MEMBERS ABSENT: Dick Gibson STAFF PRESENT: Holecek, Kugler, Miklo, Haring RECOMMENDATIONS TO COUNCIL: Recommend approval, by a vote of 6-0, to establish the Moffit Cottage Historic District as an Iowa City Historic District for property located between Muscatine Avenue and Ralston Creek, north of Court Street. Recommend approval, by a vote of 6-0, to recommend that the Council forward a letter to the Johnson County Board of Supervisor's recommending that since the site is to be used for family farm purposes, CZ9503, a request to rezone .73 acres from A1, Rural, to RS, Suburban Residential, is consistent with the Fringe Area Agreement for Fringe Area 4. Recommend approval, by a vote of 6-0, of SUB95-0002, preliminary and final plat approval of Sedlacek 2rid Addition, an 18.19 acre, 3 lot residential subdivision for property located within Fringe Area 4 near the southeast corner of Newport Road and Prairiedu Chien Road, subject to 1) approval of CZ9503 by the Johnson County Board of Supervisor's before the subdivision is recorded; 2) a note, to be approved by the City Attorney, being placed on the plat prohibiting access to lot B along Newport Road should lot B ever be rezoned and subdivided into residential lots; 3) approval of the legal papers by the City Attorney's Office; and 4) provisions for access to the stormwater easement shown on the plat. Recommend approval, by avote of 6-0, of SU@95-0001, a preliminary plat submitted by William E. and Joan Frees for Orchard View Estates, a 107 acre, 34 lot residential subdivision for property located partially in Fringe Area 4 in Johnson County south of Dingleberry Road NE, approximately .6 mile east of its intersection with Highway 1. Recommend approval, by a vote of 6-0, of SUB95-0003, a final plat submitted by David Larson for D&L Subdivision, a 6.41 acre, 4 lot commercial subdivision located on the south side of Highway 1 West, west of Sunset Street, subject to 1) approval of construction plans and design calculations by the Public Works Department; and 2) approval of the legal papers by the City Attorney's Office, prior to City Council consideration of the final plat. CALL TO ORDER: Chairman Scott called the formal meeting of the Planning and Zoning Commission to order at 7:42 p.m. Planning & Zoning Commission February 16, 1995 Page 2 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. FRINGE AREA AGREEMENT/COMPREHENSIVE PLAN AMENDMENT: Public discussion of amendments to the Johnson County/Iowa City Fringe Area Agreement, and setting a public hearing for March 2, 1995, to amend the Comprehensive Plan to include the revised Fringe Area Agreement. Public discussion: There was none. Public discussion closed. MOTION: Dierks moved to set a public hearing for discussion of amendments to the Johnson County/iowa City Fringe Area Agreement, for the March 2, 199§, meeting of the Planning and Zoning Commission, to amend the Comprehensive Plan to include the revised Fringe Area Agreement. Jakobsen seconded. Bovbjerg asked that copies of the proposed agreement be made available to the public at the Iowa City Public Library for viewing before the public hearing.- Miklo nqted that copies are also available in the Planning Departments of both the City and the County. The motion carried on a vote of 6-0. HISTORIC DISTRICT ITEM: Public discussion of an ordinance establishing the Moffit Cottage Historic District as an Iowa City Historic District for property located between Muscatine Avenue and Ralston Creek, north of Court Street. Kugler introduced Douglas Russell, Chair of the Historic Preservation Commission, to present the proposal. Douqlas Russell, Chairman of the Historic Preservation Commission, said the proposed district consists of only five buildings and would be by far the smallest Historic District to date, but one the Historic Preservation Commission feels merits preservation. Russell said as the district was listed on the National Register of Historic Places in 1993, and the district meets the criteria the City expects for an Iowa City Historic District. Russell said the Historic Preservation Commission had contacted the five owners by letter in October of 1994, asking for their views. Russell said three out of five returned responses, with two strongly favorable and one with questions about the local designation. An informal block meeting was then held in order for the property owners to meet with the Commission, ask questions, or raise concerns. As a result of the meeting, the resident that had previously raised questions became in favor of the proposal. Planning & Zoning Commission February 16, 1995 Page 3 Russell said a public hearing before the Historic Preservation Commission w~s held on January 25, 1995. No one from the public appeared. Russell said it was taken from this that thore is no strong criticism of the proposal. Russell noted a letter from the Longfellow Neighborhood Association, dated February 9, 1995, which states their enthusiastic endorsement for the proposal, although it was noted they do not speak for every resident of the neighborhood. Russell said the State Historical Society of Iowa had reviewed the proposal and had not recommended any amendments or changes. Russell noted this was the same body that had reviewed the Natiohal Register of Historic Places nomination. Russell said the Historic Preservation Commission strongly supports this proposal and asks that the Planning and Zoning Commission send a favorable recommendation on to the City Council. Jakobsen said one of the properties is for sale and asked if this would make any difference. Russell said the only difference this would make is that a different person would receive notice of these hearings if the process is still going on when ownership changes hands. Jakobsen asked if the person selling had objected to the proposal. Russell said not to his knowledge. Dierks asked if a property was to go on sate after it had become a historic district, what notification would there be for future prospective owners. Russell said as an overlay zone it would be over the top of whatever zoning already exists. Russell said that every time someone new moves into a historic district, that person is sent a letter and a packet of materials from the City, notifying the resident of the regulations and who to contact. Miklo noted that the owner who is currently selling that property is promoting its historic nature to prospective buyers. Starr asked if all units are owner-occupied. Russell said one or two are presently rental units, although one of these is occupied by a daughter of the owner. Russell said notification had been sent to the owners, rather than the renters. Kuglergave a slide presentation of the five Moffit cottages located between 1322 and 1330 Muscatine Avenue. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to establish the Moffit Cottage Historic District as an Iowa City Historic District for property located between Muscatine Avenue and Ralston Creek, north of Court Street. Dierks seconded. The motion carried on a vote of 6-0. Planning & Zoning Commission February 16, 1995 Page 4 CODE AMENDMENT ITEMS: Publi~ discussion of an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design guidelines for exterior stairwells and exterior corridors on multi-family residential buildings. Kugler said this proposal calls for some standards, or guidelines, for Article H, Site Plan Review ordinance of the City Code, to regulate the use of exterior stairwells and exterior corridors on multi-family residential buildings. Kugler reminded the Commission that when an ordinance proposing the prohibition of exterior stairwells and corridors was before the City Council, issues concerning fire safety were raised. Council had asked staff to come up with some design standards that would require the integration of exterior stairwells and corridors into the design of the overall building, but that would not prohibit them altogether. Staff worked with a committee of three architects to develop the standards. Kugler said a few changes have been made to the proposal since the January 19, 1995, meeting. Those changes include the addition of language allowing for second exits on existing buildings for fire safety purposes, to be approved on a case-by-case basis by the Director of Planning as an alternative design, and the inclusion of exterior lifts in the standards, which would be treated the same as exterior stairwells. The first concern was brought up by a building official, and the second by the Design Review Committee. Kugler said he had checked with the State Fire Marshall, who said simply having one enclosing wall and a roof over an exterior lift would not pose any building code problems, as long as an individual has adequate access to that lift. Kugier said lifts are only allowed inside of buildings under certain conditions. If totally enclosed, they may not be permitted for apartment buildings. Kugler said staff had previously reported that the Design Review Committee recommended approval of the proposed standards. The Building Board of Appeals, however, recommended denial of the proposed standards at its February 6, 1995, meeting. The main concern of the Board seemed to be over the regulation of aesthetics by the City, that more latitude should be left in the hands of architects and builders. Kugler said the standards would apply to apartment buildings that have three or more dwelling units, and to commercial buildings that have residential dwellings located on the upper floors. Kugler reviewed the five proposed standards. Kugler said the .standards include a provision for approval of alternative designs that do not necessarily meet the specifics of standards, but meet the intent of the standards, as determined by the Director of Planning and Community Development. Kugler showed an example of a building under construction that may be approved as an alternative design. Kugler said exterior stairwells and corridors that serve as a secondary exit for fire safety purposes, may also be approved by the Director of Planning and Community Development as an alternative design. Kugler said staff recommends approval of the proposed ordinance amendments. Planning & Zoning Commission February 16, 1995 Page 5 Bovbjerg asked if the second exit would also fall under the jurisdiction of the proposed standards. Kugler said in most instances the standards would apply, but there may be an example, where due to limited setback there is no room to enclose a stairwell. Kugler said fire'safety reasons overrule aesthetics in this instance. Jakobsen said the standards say exposed unpainted wood is not allowed and asked if this applies to pressure treated wood as well. Kugler said, yes, the intent is to exclude pressure treated wood as well. Kugler said untreated wood contributes to making exterior stairwells §tand out, rather than blending in with the design or materials of the building. Public discussion: John Roffman, 1314 Burr¥ Street, said he is present as a representative of the Building Board of Appeals, but also as a general contractor, past President of the Iowa City Home Builder's Association, landlord, and resident. Roffman said the vote on the Board against the proposal was 0-5-1, against the proposal, with Bob Carlson abstaining as he was one of the three architects on the Committee that had formulated the proposal. Roffman gave an example of the commercial/apartment building located across the street from the 1st Avenue McDonald's in Coralville that had burned down a couple of years ago. Roffman said the hallways had immediately filled with smoke and that even people completely familiar with the building came out confused and disoriented. Many had to literally feel their way down the hallway walls in order to reach the exit. Roffman said as a fire concern the Board feels exterior stairwells and corridors do have some advantages in the fact that once people get out onto an exterior corridor, fresh air is available and can be seen and rescued by the fire department much quicker. Roffman said another issue discussed concerned exposed unfinished lumber. Roffman said he feels this will lead to trouble with the wolmanized lumber industry, as it is advertised as not needing treatment for 35-40 years. Roffman said it is his understanding from discussions with staff that Redwood may be acceptable, even though it is unfinished. Kugler said any of the standards listed may be approved as an alternative design. Kugler said he imagines that if someone is to go to the expense of offering Redwood, that it may be approved as an alternative design. Roffman feels this is where conflict between what is deemed acceptable, and what isn't, exists. Roffman sees this as a real problem in carrying out and implementing the standards, and may lead to legal difficulties. Roffman also noted concern about the use of the word "shall." Roffman feels someone designing a building will not go to the expense of having an architect design and plan a building, only to turn the plans over to an Appeals Board and find out they had spent all this time and money for nothing. Roffman said the problem with design standards is that everyone has their own idea of what is acceptable and unacceptable, and wondered if the problem is as great as the cure presented to solve it. Roffman feels the proposal is presenting a lot of barriers and gray areas, etc., that conflict with solving what may not be a major problem. Roffman said as a builder he builds homes that he does not particularly like, but builds them regardless because it is what the owner wants. Roffman feels the Planning & Zoning Commission February 16, 1995 Page 6 owner should have this latitude to decide what they feel is acceptable, unless of course there is a fire hazard or something of this nature. Roffman feels that whether you have an exterior or interior corridor, each has their own particular problems. Roffman referred to interior corridors being prone to abuse, such as holes in the walls, emergency light being torn down, banisters being torn down, and fires. Roffman said its not that these things do not occur on exterior corridors, only. they are not as likely as they are more visible. Dierks said one of her concerns is that it seems more likely to her that someone will be trapped on an exterior corridor if a fire is started at the bottom. Roffman said this may be true, but interior stairwells serve as a chimney for fire and smoke and are almost useless in these situations. Starr asked, based on this discussion, if the Board is proposing no interior circulation systems. Roffman said, no, that the Board just wished to point out the problems associated with interior stairwells and corridors, especially in the occasion of a fire. Glenn Siders, representative of Southgate Development Company, referred to the Southgate development under construction on South Keokuk Street. Siders referred to a letter from Paula and Lowell Brandt, dated December 15, 1994, that was enclosed in the Commission members January 19, 1995, packets which says many local developers show a lack of imagination in their building projects. Siders does not feel · this is an accurate assessment in far and away the majority of the time. Siders gave a background on virtually all aspects of the South Keokuk Street project. Siders said despite all the features above and beyond the requirements, the building design would not be approved. Siders said he understands Kugler has told him the project would probably be acceptable through the alternate process, but said the term "probably" disturbs him greatly. Siders said, as pointed out by Roffman, the term "shall" is confusing and what may be acceptable to the developer may not be acceptable to the Director of Planning and Community Development. Siders asked for clarification of this point. Siders thanked Kugler for checking with the State Fire Marshall, but said the regulation he brought up at Monday night's informal meeting concerned the standards for lifts as opposed to elevators. Siders said these are governed and regulated by the Department of Labor and that it is his understanding that when a lift is enclosed it then falls under the jurisdiction of elevator standards, and these are much more restrictive than lift standards. Siders feels enclosing lifts will also affect the building codes. Siders asked staff to do some research into this matter. Siders said he also finds it unfair that the ordinance requires review of an exterior stairwell, while there may be structures with interior stairwell and corridors that are just as ugly, if not uglier, yet there is no provision for this. Siders said he would be happy to present a slide show showing examples of what he means. Siders referred to the Haywood & Bell building on South Linn Street, and said he does not feel the building would comply with the ordinance as the path with the accompanying four foot brick wall leading into the building would need a roof over it. Miklo said the rule would not apply to that building as the rule applies to access to the individual floors. Siders said he sees nothing in the ordinance that states this and asked clarification. Siders Planning & Zoning Commission February 16, 1995 Page 7 said the ordinance also states nothing about elevators in conjunction with exterior stairwells. In summary, Siders feels that rather than ramming the ordinance down our throats, he feels education on what the benefits may or may not I~e, would be a better tactic. Sidere does not feel that there has been a large enough percentage of offensive looking buildings to attempt to regulate them. Dierks asked whether the concept designs that Siders had brought in for the South Keokuk Street units would be enough to allow staff to form an opinion as to whether the developer is in compliance. Kugler said he imagines not even something as detailed as Siders had presented would be sufficient to tell if the developer is moving in the right direction, Dierks asked Siders whether he is familiar with various rectangular shaped buildings throughout the city that appear to have an exterior stairwell added as an afterthought. Siders said he is, but said he feels these are a very small percentage of the total built. Dierks said the point is to prevent any from being built in this haphazard fashion. Dierks said she feels these exposed stairwells would be very dangerous after a snow and/or ice storm. Clara Swan, 928 North Dodqe Street, Vice-Chairperson of the Design Review Committee, said she is present with Gary Nagle, another member of the Committee, to support the amendment. Swan said the Committee of nine voted unanimously in support of the ordinance. Swan said the Committee was alarmed by the number of exterior stairwells constructed without regard to the overall design of the building, especially those on the street side. The Committee was particularly disturbed by the number of exposed, unfinished, wooden stairwells that appear to be tacked on as an afterthought. Swan said these appear to be the result of attempting to keep costs at a minimum. The Committee feels some instances are real architectural disasters and devoid of sensitivity to the building, not to mention the neighborhoods. Swan feels the appearance and placement of stairwells and lifts should take place in the initial stages of planning and feels sensitivity of design is an issue for all citizens. Swan feels that the wording could be cleaned up a little, but feels the standards are fairly simple and should be considered from the start of a project. Swan said the Committee recommends approval of the standards. Jakobsen asked why Design Review is involved in this matter. Swan said although the Committee is primarily concerned with the Urban Renewal parcels, from time to time the City refers to the Committee for their opinion and recommendation. Richard S. Rhodes II, 2014 Rochester Avenue, said he rarely speaks on non-environmental issues, but said as a prior apartment dweller exterior stairwells are unsafe in icy conditions, which occur much more frequently than fires. Rhodes said the key to fire safety is having alternate means of egress. Rhodes, therefore, feels talk of fire safety is somewhat of a red herring. Rhodes said he strongly supports the letter submitted by Joe Holland, and supports restrictions on what Rhodes regards as very unsafe accesses to second floors of buildings. Further, in regards to untreated lumber, Rhodes said he recalls pulling splinters out of hands and ~eet as a result of lumber with no surface coating. Planning & Zoning Commission February 16, 1995 Page 8 Roffman pointed out that covering stairwells only assists in protection from the weather from one direction and does not take into consideration the wind and blowing snow and ice in. Roffman pointed out that exterior stairwells somewhat impede the process as these are not exposed to the sun to melt the snow and ice. Public discussion closed. MOTION.: Bovbjerg moved to approve an ordinance amending City Code Title 14, Chapter 5, entitled "Building and Housing," Article H, entitled "Site Plan Review," by adopting design guidelines for exterior stairwells an~ exterior corridors on multi-family residential buildings. Dierks seconded. Scott suggested that page 3, letter M of the standards be amended to add at the end of the first sentence, "shall be approved by the Director of Planning and Community Development. Alternative designs may be approved if the Director of Planning and Community Development determines that the alternative design meets th__~.e intent of assuring that exterior stairwells and corridors are architecturally incorporated into the overall design of the building". Scott said whatever design standards that may follow may or may not be mandatory, as long as the exterior stairwells and corridors are architecturally incorporated into the overall design of the building. Scott said that should guidelines be desired he would prefer that wherever the word "shall" is used within the standards 1-5, he would prefer the word "should". Holecek suggested that approval by the Director also include language on how that approval will or will not be granted. Bovbjerg agreed with Holecek and said that eliminating the standards may leave the City open to criticisms of favoritism from developers. Jakobsen added, however, that .the ordinance appears somewhat whimsical in its present state. Bovbjerg said that general language is often more advantageous than specific language. The Commission also asked that under section M, the word "standards", in the second sentence that refers to exterior lifts, be replaced with the word "guidelines". MOTION: Dierks moved to accept an amendment to the main motion, to include on page 3, under letter IV], at the end of the first sentence, "shall be approved by the Director of Planning and Community Development with respect to the following standards (rather than, "conform to the following standards")". Continue with, "Alternative designs may be approved if the Director of Planning and Community Development determines that the alternative design meets the intent of assuring that exterior stairwells and corridors are architecturally incorporated into the overall design of the building". Then, wherever the word "shall" is used within the standards 1-5, delete the word "shall" and replace with the word should. Cooper seconded. Starr suggested deferral of this item until the Commission can review the revised language in written form. Scott said the changes are relatively minor and read what the changes would be. Starr said .he understands the amendments. Scott feels the revisions under M, pretty much force the Director of Planning and Community Development to base his or her decision on the standards listed, because the word shall is used at this point. Scott added that by replacing "shall" with a "should" under standards 1-5, in all actuality, would limit the flexibility of the Director to alter the design concepts, unless they virtually meet the letter of the law. Planning & Zoning Commission February 16, 1995 Page 9 Holecek asked about unfinished lumber and whether the Commission wishes to soften this language. Scott asked if there are definitions in the design review section. Miklo said this basically refers to unpainted lumber. Scott suggested then that the language state, "unpainted or unstained lumber". Scott feels that stained or wolmanized wood is a finished product. Starr agreed with this statement. Bovbjerg said in some instances, unpainted or unshellacked wood is exactly what is called for in a project. Scott said he is comfortable with unfinished. Miklo said one of the intents is to discourage wolmanized lumber, and stated that the most frequent citizen objections are in regards to wolmanized lumber. Miklo said he feels confident that the slides shown that represent wolmanized lumber are not appealing to the majority. Miklo said this is 'where the alternative option process would allow the approval of use of redwood or some other unpainted lumber. Dierks said she would feel uncor~fortable in prohibiting unfinished lumber in every case as there may be some instance where this may be fine. Dierks said the addition of screening around stairwells would have much to do with eliminating the unsightly appearance of unfinished lumber. MOTION: Starr moved to discuss an amendment to the amendment to the main motion, to state that any reference to unfinished lumber, be replaced with, "unpainted or unfinished lumber, but not to exclude wolmanized lumber, is not permitted". Jakobsen seconded. Starr asked if this means wolmanized lumber must be Fainted or stained as well. Scott said no. Bovbjerg did not feel the lumber amendment is necessary as she feels this would come under review regardless. Scott, however, said he does not feel a covering of the stairwells with wolmanized lumber will necessarily ensure that the stairwell will be integrated into the overall design of the building. Scott feels that in some cases brick would be needed in association with the screening. Scott said his basic opinion is that treatment of wolmanizea wood will not contribute significantly to the overall cost of a building. The second amendment to the main motion was defeated on a vote of 0-6. Again, Starr stated his displeasure with voting on something without seeing it in writing, that he has not had sufficient time to review in its amended state. MOTION: Starr moved to defer further discussion of this item until the March 2, 1995, meeting of the Planning and Zoning Commission. Jakobsen seconded. Bovbjerg asked if deferral will upset anyone's agenda. Miklo said, no. The motion carried on a vote of 4-2, with Dierks and Scott in the negative. , Public discussion of amendments to City Code Title 14, ~hapter 6, Article N, entitled "Off Street Parking and Loading," to reduce the amount of off-street parking spaces required in the CN-1, Neighborhood Commercial zone. Miklo said, as discussed at Monday night's informal meeting, staff intends to present the Commission with detailed language regarding amending the CN-1 zone parking requirement. Miklo said the zone parking requirements are generally reduced by Planning & Zoning Commission February 16, 1995 Page 10 one-third, but said there are some uses, such as grocery stores, in which a reduction this large would not be recommended. Miklo said the amendments would also allow staff administrative review of so,he of the implementations of the ordinance, e.g., shared parking or land banking, and not require the Board of Adjustment approval of such practices. Miklo said staff suggests deferral of this item until March 2, 1995. Public discussion: There was none. Public discussion closed. MOTION: Bovbjerg moved to defer this item until the March 2, 1995, meeting of the Planning and Zoning Commission. Jakobsen seconded. The motion carried on a vote of 6-0. REZONING ITEM: REZ94-0016, Public discussion of an application submitted by Windsor Ridge Development Company to rezone four parcels (34.21 acres) located west of Taft Avenue along Court Street extended from RS-5, Low Density Single-Family Residential, to CN-1, Neighborhood Commercial (6.93 acres}, RM-12, Low Density Multi-Family Residential (12 acres), and RS-8, Medium EJensity Single-Family Residential (8.14 and 7.14 acres). Scott asked if written extension of the 45-day limitation period until the meeting of March 2, 1995, had been received. Staff said yes. Kugler said when Windsor Ridge was annexed in 1993, the entire site was rezoned to RS-5. The developer now proposes to fezone four parcels located along Court Street extended, to CN-1, RM-12 and RS-8 (two parcels). Kugler said Windsor Ridge is located within Fringe Area 5 of the Comprehensive Plan. Although the Fringe Area 5 land use plan does not state the need for a commercial center, the Comprehensive Plan does point out that as new residential development occurs, new market areas are created and additio~-_l commercial areas need to be considered. In addition, the Fringe Area 5 study states, "that as residential development takes place, neighborhood commercial uses should be placed at strategic locations." The Plan then establishes certain criteria for the location of these neighborhood commercial zones, such as location within the neighborhood, size and shape of the center, access, site conditions and competition with other commercial areas. Kugler said it appears that the location of the proposed CN~I zone meets these standards. Kugler said staff had concerns about the amount of parking shown on an early concept plan for this rezoning. As a result, staff is recommending some amendments to the parking regulations for the CN-1 zone. The zone presently requires one space per 200 square feet of building area for most uses, and the amendment is proposing one space per every 300 square feet of area, with some exclusions· The developer has submitted Planning & Zoning Commission February 16, 1995 Page 11 a revised concept plan including the revised parking requirements. Kugler said as the CN-1 zone is located within a larger single-fam'ily residential area. Staff recommends the CN-1 rezoning be approved, subject to administrative review of the final plan by the Director of Planning and Community Development, to ensure that the design of the CN-1 zone is integrated into the overall design of the surrounding neighborhood. In regards to the residential parc61s, Kugler said the Fringe Area 5 Concept Plan calls for low density single-family development in this area. However, many of the housing policies established in the Comprehensive Plan emphasize the need for diversity in housing types in meeting the.needs of the area residents, rather than just certain markets. The applicant is proposing townhouse development in the RM-12 area and the RS-8 parcel located immediately south of the CN-1 zone, and multi-family structures in the RS-8 parcel located to the west of the CN-1 zone. Kugler said one argument for the higher density zoning includes the location along an arterial roadway Court Street. Staff feels that some areas within the development could be developed at a higher density without detracting from the overall single-family character of the larger area. Kugler said that part of the rationale for rezoning each of these parcels is that each site is located along a future arterial street. However, until Court Street is extended, the alternative means of access to this area are not sufficient for this scale of development. Therefore, staff recommends that development not occur on this site until Court Street is extended to serve the sites. Kugler said staff recommends that REZ94-0016, be approved subject to the following conditions: 1) verification by the Army Corps of Engineers of the existence or lack of wetlands within the western RS-8 parcel; 2) a requirement that both RS-8 parcels be developed as OPDH developments containing structures other than detached single-family dwellings; and that the eastern RS-8 zone contain an open space similar to the "town square" design shown on the revised concept plan; 3) the extension of Court Street into this area prior to any of the subject parcels being developed; and 4) administrative review by the Director of Planning and Community Development prior to development of the CN-1 and RM-12 areas. Dierks said on Monday night there was discussion on the extension of Court Street and its relation to the construction of structures on the site. Holecek strongly suggested this condition be tied to the building permit, as opposed to the occupancy permit, as there have been instances where a building has been constructed and occupied, but no occupancy permit obtained. Public discussion: Richard S. Rhodes, 2014 Rochester Avenue, asked what the impact of the changes would be upon the open space requirement. Holecek said the rezoning would not have an impact on the open space requirement. Miklo said, if anything, a slightly higher amount of open space would be required as the proposal is for a higher density on four parcels. Rhodes said looking at the concept plan, there appears to be several incomplete sections of the trail. Rhodes showed the locations. Rhodes also said the original Windsor Ridge development located to the south of this proposal appears to be unconnected to the Scott Park development; Rhodes suggested if this is to be the Planning & Zoning Commission February 16, 1995 Page 12 case, that one of the sidewalks on either side of the north-south collector street be extra wide and perhaps have some colored cement to distinguish it as an extension of the trail. Rhodes feels this will be a very heavily traveled sidewalk, even without occupation of the school site. Bovbjerg said this type of concrete connector is exactly what some people on the Neighborhood Open Space Action Committee had suggested. Rhodes said if it is meant to be integrated into an active trail system a separately colored lane will help to notify pedestrians that bicycles and pedestrians will share the sidewalk, without marking the sidewalk with obtrusive signs everywhere. Larry Schnittier, 1917 South Gilbert Street, engineering consultant for the applicant, said the trail system appears incomplete simply because it is completely included in the revised concept plan. Schnittjer said it has always been intended to tie the trail system into the sidewalk system and tie the sidewalks of this site into the development to the south. In regards to open space, Schnittjer said the development in its entirety provides immensely more open space than the ordinance requires. $chnittjer said he does not suspect any more open space will be necessary. Schnittjer said the concept plans are just that, concepts, something to build upon. Schnittjer said the reason concept plans were not submitted when the site was zoned RS-5 a year ago is because they did not have the time at that time to analyze each portion of the site and decide what was wanted. Now that Court Street is closer to a reality, the revised proposal appears to be a better use of the land available. Schnittjer said the RM-12 site is an odd piece of ground that is difficult to subdivide in any reasonable fashion, and this is the reason an OPDH is sought. This site will also have immediate access to the commercial development and a good population b~e for the school site, should it become a reality. Gary Watts, Windsor Ridqe Development Company, developer of the site, said the School Board has the option to obtain the site for the school within twelve years, or it then reverts back to the developer. Watts said the School Buard has about 10 1/2 years left to decide. In regards to the RM-12 site, Watts said this lies in sort of a pocket over the crest of a hill from the CN-1 zone. Watts said due to this topography, they felt the site lends itself well for location for the RM-12 zone as it is sort of isolated from the lower density residential. Watts said Court Street played into the location of the RM-12 on this si.te as well, as it was desired to be located along an arterial. Scott noted that an OPDH will give the City greater scrutiny into the design of the two RS-8 zones, including the town square. Dierks asked, who maintenance of the town square would be controlled by. Watts said probably a home owners association, with primary responsibility resting upon the commercial zone and possibly the RS48 zone immediately to the south. Schnittjer noted the town square would be a large attraction for people to the commercial development. Schnittjer said the town square is located on the RS-8 tract because the CN-1 zone is limited to 7 acres. Dierks asked if location of the town square in the RS-8 zone will affect the maintenance agreement for occupants of the commercial zone to pay. Miklo said as the commercial zone is contiguous to the town square this should have no impact. Planning & Zoning Commission February 16, 1995 Page 13 Jerry Lindemann, 304 Summit Drive NE, Solon, owns the 70 acres located immediately north of the Windsor Ridge property. Lindemann said the proposed RM-12 zor)e does lie somewhat over the crest of a hill, but said he intends to develop his property at some point as well and the Windsor Ridge RM-12 site would then be in full view, and contiguous with, his property. Lindemann also noted that all of the land on the east side of the creek in the RM-12 zone, is flat, and asked if this would affect development. Scott asked if there are any topographical or natural boundaries that separate his property from the Windsor Ridge property. Lindemann said no, that from the vantage point of his property, the proposed RM-1 2 site certainly would not be hidden. Scott said assuming the Lindemann tract were to develop at an RS-5, the RM-12 site would need a vegetative screening buffer along the north boundary. Miklo said the location along Court Street lends itself well to the location of the RM-12 and does not feel Watts had intended to promote the notion that RM-12 is meant to be isolated and screened. Miklo said an RM-12 may be quite compatible next to an RS-5 zone, depending on how the site is developed. Miklo referred to tha RM-1 2 zone along Scott Boulevard and said no complaints had been received from RS-5 or RS-8 residents here in terms of the juxtaposition of the. zones. Scott agreed with Miklo and said that vision statement of the City's Vision 2000 Plan, states that a greater mix and diversity of housing styles and economic levels are desired and will be sought within the various developments of the city. Bovbjerg asked if screening will then be made a condition to the zone. Miklo said screening is required for the parking lot, so based on the present concept plan there would be a requirement for screening. Public discussion closed. Scott said this item will be on the agenda for the informal meeting of February 27, 1995, and that this item will most likely be up for consideration by the Commission at the formal meeting of March 2, 1995. MOTION: Dierks moved to defer REZ94-OO16, to the iVlarch 2, 1 ~95, meeting of the Planning and Zoning Commission. Bovbjerg seconded. The motion carried on a vote of 6-0. REZONING/DEVELOPMENT ITEM: CZ9503/SUB95-0002. Public discussion of an application submitted to Johnson County by Betty Sedlacek to rezone approximately .73 acres from A 1, Agricultural, to RS, Suburban Residential, and for preliminary and final plat approval of Sedlacek 2nd Addition, a 3 lot residential subdivision for property located near the southeast corner of Newport Road and Prairie du Chien Road. Kugler said the proposal is for a rezoning of a small portion of the lot, plus a three lot subdivision consisting of two, approximately one acre, building lots and one larger agricultural parcel. Planning & Zoning Commission February 16, 1995 Page 14 Kugler said staff recommends Council forward a letter to the Johnson County Board of Supervisor's recommending that since the site is to be used for family farm purposes, CZ9503 is consistent with the Fringe Area Agreement for Cringe Area 4. In addition, staff recommends that SUB95-0002 be approved, subject to the approval of CZ9503 by the Johnson County Board of Supervisor's before the subdivision is recorded, and subject to a note, to be approved by the City Attorney, being placed on the plat prohibiting access to lot B along Newport Road should lot B ever be rezoned and subdivided into residential lots; approval of the legal papers by the City Attorney's Office; and provisions for access to the stormwater easement shown on the plat. Kugler said the Commission (eceived tonight a new plat containing the proposed language for regarding access to lot 8 from Newport Road, however, Kugler noted this still does not contain the language requested Monday night. Kugler said an easement for stormwater retention has also been shown on the plat, but no provision for access to that easement is provided as yet. Kugler said a 15 or 20 foot wide easement is usually necessary. Holecek said she had reviewed the legal papers and ha~ forwarded a letter to the applicant's Attorney as to what needs to be addressed, but revision of this language should not hold the Commission up from approving this proposal. Kugl~r noted all of the deficiencies and discrepancies listed in the staff report have been taken care of. Public discussion: Betty Sedlacek, 3084 Newport Road NE, said the site is basically a family farm in which she lets each of her eight sons build their family homes upon. Public discussion closed. MOTION: Jal(obsen moved to recommend that the Council forward a letter to the Johnson County Board of Supervisor's recommending that since the site is to be used for family farm purposes, CZ9503, a request to fezone .73 acres from A1, Rural, to RS, Suburban Residential, is consistent with the Fringe Area Agreement for Fringe Area 4. Starr seconded. The motion carried on a vote of 6-0. MOTION: Scott moved to approve SUB95-0002, preliminary and final plat approval of Sedlacek 2nd Addition, a 3 lot residential subdivision for property located near the southeast corner of Newport Road and Prairie du Chien Road, subject to 1) approval of CZ9503 by the Johnson County Board of Supervisor's before the subdivision is recorded; 2) a note, to be approved by the City Attorney, being placed on the plat prohibiting access to lot B along Newport Road should lot B ever be rezoned and subdivided into residential lots; 3) approval of the legal papers by the City Attorney's Office; and 4) provisions for access to the stormwater easement shown on the plat. Cooper seconded. The motion carried on a vote of 6-0. Planning & Zoning Commission February 16, 1995 Page 15 DEVELOPMENT ITEMS: SUB95-0001. Public discussion of a preliminary plat submitted by William E. and Joan Frees for Orchard View Estates, a 107 acre, 34 lot residential subdivision for property located partially in Fringe Area 4 in Johnson County south of Dingleberry Road NE, approximately .6 mile east of its intersection with Highway 1. Kugler reminded the Commission that the rezoning for this site was before the Commission late last year. Kugler said the proposal does meet all of the requirements for residential development in Fringe Area 4, and the plat does meet the platting requirements of the City. A Grading and Erosion Control plan has been approved by the Department of Public Works. Kugler said a letter regarding the fire rating information, that was noted as a deficiency in the staff report, has also been submitted. Kugler said a note has been included on the plat restricting location of the building sites for proposed Lots 23, 24, 33 and 34, to the east half of proposed Lots 23 and 34, and to the west half of proposed Lots 24 and 33. This should help minimize the destruction of the wooded area on these proposed lots. Kugler said as a~i deficiencies and discrepancies have been addressed, staff recommends that SUB95-0001, preliminary plat for Orchard View Estates, be approved. Public discussion: William Frees, 2672 Newport Road, Solon, said he is available to answer any questions. Public discussion closed. MOTION: Dierks moved to approve SUB95-0001, a preliminary plat submitted by William E. and Joan Frees for Orchard View Estates, a 107 acre, 34 lot residential subdivision for property located partially in Fringe Area 4, in Johnson County south of Dingleberry Road NE, approximately .6 mile east of its intersection with Highway 1. Bovbjerg seconded. Jakobsen asked if this recommendation means that the site should be developed at City standards. Scott said, no, that the site lies within the second mile of the extraterritorial limits and City urban design standards apply only within the first mile. City rural design standards apply here, The utilities are located under ground. The motion carried on a vote of 6-0. SUB95-O003. Public discussion of a final plat submitted by David Larson for D&L Subdivision, a 6.41 acre, 4 lot commercial subdivision located on the south side of Highway 1 West, west of Sunset Street. Planning & Zoning Commission February 16, 1995 Page 16 Miklo said staff recommends approval of the final plat of the D&L subdivision, subject to approval of construction plans and design calculations by the' Public Works Department; approval of the legal papers by the City Attorney's Office, prior to City Council consideration of the final plat. Public discussion: There was none. Public discussion closed. NIOTION: Cooper moved to approve SUB95-0003, a final plat submitted by David Larson for D&L Subdivision, a 6.41 acre, 4 lot commercial subdivision located on the south side of Highway 1 West, west of Sunset Street, subject to 1) approval of construction plans and design calculations by the Public Works Department; and 2) approval of the legal papers by the City Attorney's Office, prior to City Council consideration of the final plat. Holecek noted that she will wish to note on record and in the legal papers that this subdivision is also subject to the conditions of the Conditional Zoning Agreement entered into for the Menard's site. Holecek noted also that Lot 1 may possess restrictions in terms of building size and access, and that these restrictions have been noted on the final plat. The motion carried on a vote of 6-0. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 2, 1995, PLANNING AND ZONING COMMISSION MEETINGS: MOTION: Starr moved to approve the minutes of the February 2, 199,5, meeting of the Planning and Zoning Commission, as amended and corrected at Monday night's informal meeting. 8ovbjerg seconded. The Commission asked to receive copies of the approved minutes. The motion carried on a vote of 6-0, PLANNING AND ZONING COMMISSION INFORMATION: Scott said the City Council will make recommendations for the two vacant spots on the Commission at its meeting of March 7, 1995, although the terms run through the end of April. , Scott encouraged people to get the word out. Scott said in order to achieve balanced representation on the Commission from all parts of the city, he had already spoke to one neighborhood group and will speak to at least one other neighborhood group regarding the vacancies. Scott sai;d he will not be present at the informal work session meeting on February 27, 1995. Planning & Zoning Commission February 16, 1995 Page 17 OTHER BUSINESS: There was none. ADJOURNMENT: MOTION: Starr moved to adjourn at 10:2z~ p.m, Bovbjerg seconded, The motion carried on a vote of 6-0, George Starr, Secretary Minutes submitted by Jeff Haring, ppdadmin~p&z2-16.min ¥:30 'P,m. MINUTES IOWA CITY BUILDING BOARD OF APPEALS DECEMBER 5, 1994 - 4:30 P.M. IOWA CITY CIVIC CENTER MEMBERS PRESENT: Buss, Carlson, Werderitsch, Hagedorn, Maas MEMBERS ABSENT: Christine, Roffman STAFF PRESENT: Boos8 OTHERS PRESENT: None CALL TO ORDER: Chairperson Carlson called the meeting to order at 4:45 p.m. APPROVAL OF THE MINUTES FROM THE SEPTEMBER MEETING: Hagedom moved and Maas seconded the motion to approve the meetings of the September meeting. The motion carried 4-0. REVIEW OF THE REVISIONS OF THE BY-LAWS: Boose said this item had been on the pending agenda for some time. He said that the existing by-laws had been in place sine 1977, and it was definitely time to update them. He said that he had included a copy in the meeting packet for the member's review, and said that now would be a good time to make changes in the document. He said there has been some discussion that 5 year terms were too long. Werderitsch said the member could always resign if they wanted. Carlson said he had discussed the 'by-laws with Christine, who had a few comments. Carlson said Christine had thought they were going to include a member from the Housing Commission in the Board's make-up. Boose said they were, but it was not going to be a voting membership. The liaison member would be given the meeting materials and the opportunity to speak to the voting members if they observe an agenda item that is of interest or pertains to the Housing Commission. Buss arrived at 4:49 p.m. Boose said he could include the liaison member as a non-voting member. Carlson said the second item Christine asked about was the possible appeals fee established by resolution. Boose said there were no plans to charge a fee now, but that if they wanted to do so in the future, the by-laws would be the place where they would want to set it up for future action by the council. Carlson said the other comment Christine had with the by-laws is whether it is necessa~/to say that the meetings will be held in an accessible area. Carlson related that this requirement was mandated by other laws and did not need to be included in the by-laws. Boose said it had been city policy to have the meetings in accessible areas, but wasn't sure it was required Building Board of Appeals December 5, 1994 Page 2 by law. Carlson said Christine was not objecting to the requirement but simply thought it would be redundant. Boose ~aid he'd already run the by-laws past the city legal department and they didn't have a problem with that requirement. He said the only comment the legal department had made concerned the timing of elections and that problem was resolved. Werderitsch said his only problem was the section 4 article 4 where is said that officers "are" to be in attendance at Council meetings, He said that sounded like an order. Boose said attendance is only mandatory if the Board has something on the agenda, Carlson said it has been a long time since the Board has sent any one to a Council meeting, Carlson suggested they could add "when requested" to the sentence, Boose said they should probably put "when necessary" to avoid having to have a formal request by the Council. Werderitsch moved for approval of the by laws as amended during the meeting. Hagedom seconded, Boose said the Board has the option of approving the by-laws now or waiting until he made the suggested changes, Boose said the by-laws would give the Board the option of setting a fee for Appeals, He said they could set a fee simply by ha~/ing Council amend the schedule of fees after the new by- laws were adopted by resolution. Carlson said he would like to see a provision of the Board having the ability to waive a fee if the Board as a group believe that the interpretation of the building official is unreasonable or if the person wants to come forward with an idea about changing the code. He said he didn't think it was correct to charge people if they just want to bring in an idea, Boos~ said it may not be necessary to set a fee for appeals. He said the reason there was an appeal fee for Housing Inspection appeals was that they had had a lot of frivolous appeals. He said the Board of Adjustment for instance has a fairly high fee. Werderitsch asked if winning the appeal meant that the fee was reimbursed, Boose said the fee is basically to reimburse for staff time in preparing the appeal, and the staff time is used whether or not the appeal is won or lost. Carlson said that a lot of the appeals are discretionary and boil down to code interpretation and can result in large savings for the applicant and large amounts of staff time, He said there have been very few cases when the Board overrides a staff decision. Boose said the Board of Adjustment has the authority to waive the fee if they feel it is appropriate to do so. Werderitsch said it would be nice to have the authority to do that. Boose said he would ask the city legal staff if the by-laws is the place to set that up, Carlson said he would want the decision to reimburse fees to be discretionary rather than automatic, The motion carried 5-0, OTHER BUSINESS: There were no members of the public present for public discussion, Building Board of Appeals December 5, 1994 Page 3 Boose said he was going to be working on creating a standard appeals form. He said he found an o~d one and would like to use it to create a new one. He said the other thing he hasn't been doing is writing the Board's decisions in decision form for the record. He said the Board's decisions are legally binding, and that he has been giving applicants a copy of the minutes, but that he should provide the information as a formal decision with the logic clearly outlined. Carlson said that would be helpful for future Board members as well. Boose said he has brought the new edition of the building codes. He said he hasn't ordered plumbing and mechanical code books. He said that IAPMO and ICBO are no longer cooperating and so are coming out with separate codes. He said he thinks the city will keep using the Uniform Plumbing Code for now and reevaluate that decision when the next editions are published in 1997. Buss asked where in the Code does it say that residential development must use water saver toilets. Boose said that it's a federal law that manufacturers can not produce toilets for residential installations that use more than 1.6 gallons per flush. Buss said the toilets are not working because people just flush more and the toilets were causing more sewer line plug ups. Carlson said that one council member has researched the topic and has found that some kinds of the water savers work better than others. Hagedorn said some manufacturers produce good ones and some don't, and that the toilets should work if the installation is propedy plumbed. She said the two models which work really well are not the cheapest, and that there are a couple other models she wouldn't recommend putting in anywhere. Werderitsch said they'd set the city up for a lawsuit if they restricted the acceptable toilets by brand. Boose said this would be restraint of trade and that wouldn't get past the legal department, but they could perhaps restrict by model of toilet. Werderitsch noted his company did an ADA restructuring for Younkers where they used low flush toilets and two weeks later Younkers wanted them replaced. Buss said the city sewers keep backing up and people flush 2-3 times and the law is not saving water at all. Boose said ',he volumes of books available at this meeting is the building code. He said it 3 volumes long. He said the first volume was mostly concerned with safety and fire codes. He said the books cost a lot, and, for some members, they may just sit and collect dust. He said the Board members should feel free to keep them if they feel they are going to use them, but if they aren't, they might want to consider giving them back to the city for resale. He said even without the mechanical and plumbing codes, the City had over a $1000 invested in the books so far. He said he always photocopies the applicable parts of the Code for appeals that come before the Board anyway, but he reiterated that the Board members are well witl~in their rights to keep the books if they want them. Boose noted the first Monday in January was the 2nd, and the Civic Center would be closed that day. Werderitsch said he would not be in town on the 9th. Carlson said he would rather not begin work on the Codes in January. Carlson said he would like members as they go through the Code to keep in mind the perpetual criticisms of the Code as containing provisions that drive up the cost of affordable housing. Carlson said affordable housing has been Building Board of Appeals December 5, 1994 Page 4 identified as a goal for Iowa City and that the Board'should keep that in mind when doing Code adoption. Boose said this was the same code that is used in just about every other city in the state and that they do not seem to have the same affordable housing problems as Iowa City does. Werderitsch said some of the problems arise out of zonihg, and that the fire chief's suggestion that residential sprinklers be required would really increase the cost of housing. ADJOURNMENT: The meeting was adjourned at 5:45 p.m. Minutes submitted by L, Schweitzer Approved on: h~sblgtboa ! 2-5.n~n . Chairman Board of Appeals MINUTES OF THE ANIMAL CONTROL ADVISORY BOARD NOVEMBER 16, 1994 IOWA CITY'FRANSIT CONFERENCE ROOM MEMBERS PRESENT: JAN ASHMAN, JANICE BECKER, DENNIS COWLES, DIANA LUNDELL, MARTY SHAFER MEMBERS ABSENT: NQNE STAFF PRESENT: CAPTAIN DON STRAND STAFF EXCUSED: LISA GOODMAN (FUNERAL LEAVE); BARB RUSSO (WORKING) 1. Minutes of the September 21, 1994 meeting were approved. 2. New Coralville representative Marty Sharer was introduced. 3. Mary and Rasmussen and Steven Vlastos of 1346 E. Bloomington St., Iowa City, expressed their concerns about their backyard neighbor's pigeon coop and its affect on Ms. Rasmussen's health. They presented information from ber physician confirming a diagnosis of "pigeon breeder's disease," photos of the pigeon coop, and a letter from another neighbor concerned about the pigeon coop. After much discussion, they posed two essential questions to the board: 1. Does the city want to continue to allow pigeons coops within residential neighborhoods? 2. If they are to be allowed, should they not be tightly regulated? Due to the absence of Lisa, who was to present information on this topic, the board elected to carry over the item to the next agenda. 4. Board member Jan Ashman expressed her concerns about the University of Iowa's ability to handle animal control calls, citing at least one recent example. The Board agreed that Lisa should look into the possibility of an educational program witb UI Security officers. 5. Captain Strand presented statistics through October 31, 1994 for the center. 6. Diana Lundell reported that Coralville's city attorney is comparing Coralville's ordinance with Iowa City's and will then recommend actiou to the city council. There was agreement of the Coralville council on licensing procedure changes, to be consistent with Iowa City's. 7. Captain Strand provided a copy of the budget that Lisa proposed to Chief Winkelhake. He reported that he thought the budget included a request for two part-time shelter staff members, including one clerical. 8, Captain Strand reported on several operational items. 9. Jan Ashman reported that a dead dog located in Johnson County may be Blondie, the dog that got lost following a car accident. 10, There were no citizen comments The meeting adjourned at approximately 9 p.m, Minutes of the Animal Control Advisory Board January 18,1995-Coralville Public Library Members Present: Diana Lundell, Marty Shafer, Dennis Cowles, Janice Becker, Janet Ashman Members Absent: none Staff Present: Lisa Goodman, Barbara Russo, Iowa C. ily Police Captain Don Strand Guests: Mary Rasmussen, Steven Vlastos, Coralville Police Lieutenant Gingfich Russo requested that her excused absences be noted in the meeting minutes as she holds two jobs (one of which necessitates her working some Wednesday evenings). 1. Minutes of the November 16, 1994 meeting were approved. 2. Status of pigeon coops and permit regulation system. o Vlastos/Rasmussen report that the City of Iowa City is sponsoring mediation between them and the pigeon coop owner to relocate the coop. The complainants contacted a number of munidpalities in the state about bird regulations and received responses ranging from no specific language to a permit-like system. · Goodman described her vision of a permit system for Coralville/Iowa City which would hinge on the number of animal kept. Ashman volunteered to help with the draft. o The complainants found the City Coundlors and City Attorney's office to be sympathetic, but in need of an ordinance to enforce (which would take time). e Russo wondered about lhe zoning aspect of the coop as well as the complainants rights to use their yard. · Becker reminded the board that all we can do is make recommendations regarding animal control. 3. Statistics and report on new spreadsheet computer system. The Center's statistics for September, October, November, December, and January-December 1994 were distributed. Russo requested a breakdown for Coralville. 4. Coralville now has their new licensing law which matches Iowa City's except that Coralville will not be licensing exotics. Russo worried about licensing lag time. · No liceming renewals for either city will be sent, but rather an advertising campaign will be instituted. The public is encouraged to call the Center for updated fees. 5. Director's report on FY 96/97 budget request including personnel. Once again, the request for additional staff has been turned down. o The Center may have to restrict hours. · Coralville will get their $4,000 soon. 6. Donations to the Center (and the Humane Society by way of the Center) were tremendous over the winter holidays. A total of about $4,000 (two checks for $500 each, Nags 'n' Bags did a photo fundraiser for $900). . Two potbellied pigs from Oxford are at the Center. Their fate is questionable. Ashman will ask about potbellied rescue clubs at the upcoming Iowa Federation of Hum~e Soderies board of directors' meeting. .~ Strand reported that the Center's recent heating problem has been resolved. 7. Lending Library proposal. There's already a diverse selection of books. All that's needed now is shelving. A volunteer librarian is welcome. 8. Advisory Board member reports and conunents. · The County currently is charged and pays $100 per animal, which totals about $9,500 per quarter. ~ Ashman reported that the raccoon bludgeoning incident was mentioned at the Vice President's meeting by Ann Rhoads. There as some discussion about seeking a meeting with the new UI Security director to discuss the benefits of a contract between the University and the Center. 9. Citizen comment. None.