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HomeMy WebLinkAbout1995-05-09 Bd Comm minutesMINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, APRIL 20, 1995 CIVIC CENTER COUNCIL CHAMBERS PREL] v . RRY Subject to Approval MEMBERS PRESENT: Ann Bovbjerg, Pete Cooper, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott MEMBERS ABSENT: George Starr STAFF PRESENT: Karin Franklin, Sarah Holecek, Scott Kugler, Robert Miklo, Lita Sorensen RECOMMENDATIONS TO COUNCIL: Recommend approval, by a vote of 6-0, to adopt "Iowa City: Beyond 2000" as amended as an element of the Comprehensive Plan, subject to staff making the necessary grammatical changes throughout the document. Recommend denial, by a vote of 4-2, of REZ95-0003, an application submitted by Melrose Investments to rezone an approximate 30 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single- Family Residential, to OPDH-8, Planned Development Housing Overlay Zonc. Recommend approval, by a vote of 6-O, of CZ9513, an application submitted to Johnson County by Celeste Holloway and Tom Bockenstedt to rezone 1.99 acres of a 10.6 acre tract from A1, Rural, to RS, Suburban Residential, for property located in the southeast quadrant of Rapid Creek Road NE and Lynden Heights Road NE in Fringe Area 4. Recommend approval, by a vote of 6-0, of SUB95-0009, the preliminary plat of East Hill Subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street subject to 1) City approval of the Grading and Erosion Control Plan prior to Council consideration of the preliminary plat, 2) dedication of a public access right-of- way rather than access easements between Lots 6 and 7, and 3) City acceptance of the developer's offer to dedicate Outlot A, if the Parks and Recreation Commission supports said dedication. CALL TO ORDER: Chairman Scott called the meeting to order at 7:50 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Planning & Zoning Commission April 20, 1995 Page 2 COMPREHENSIVE PLAN AMENDMENT ITEMS: Public hearing on an amendment to the Comprehensive Plan to adopt "Iowa City: Beyond 2000" as an element of the Comprehensive Plan. Karin Franklin, Director of Planning and Community Development opened discussion of further revisions on the document mentioned at the Monday, April 17, 1995 informal meeting. She noted that she received a letter from Ethel Madison, Director of the Evert Connor Rights and Resources Center for Independent Living, urging the committee to include the term "people with disabilities" in the preamble of the document as an all-encompassing phrase, and that Iowa City's future vision for the community include a well designed plan to ensure all citizens, including those with disabilities, have equal access to all community activities. Public hearing: Martha Yoak, 201 Grandview Court, described herself as having a bi-polar depressive disorder disability and read the Ethel Madison letter urging the Commission to include "people with disabilities" in the language proposed for the Comprehensive Plan. Linda Carter, no address qiven, said she represented the Johnson County Coalition for People with Disabilities. She strongly urged the committee to kee~ the phrase persons with disabilities within the Iowa City Beyond 2000 document. She stated that she would like to see people with disabilities included as a separate minority because the general population is often intimidated by people with disabilities. She said that in the section labeled Transportation in the document, it would be and insult to change goal number five--that it should include "people with disabilities. She also thought that under the section labeled Housing the phrase persons with disabilities should be included. Mark Brayon, no address qiven, said he would like the committee to give people with disabilities a chance to serve on the committee and that we are all equal in citizenship. Bill Snider, no address given, said that the term disabled has a long history and that those with disabilities didn't have rights until the 1970's. Nancy Ostrazni, no address qiven, said that she prefers the terminology person with disabilities and that the preamble phrase in the Iowa City Beyond 2000 document would be too vague if it did not include that term. She said the idea of inclusion is wonderful but not practical. The phrase people of differing abilities does not include people who have disabilities, and since the document is to last several years, the language should reflect concrete inclusion of people with disabilities. Howard Horan indicated he was on the Transportation Task Force and the comments made by the previous speakers heightened his awareness of the need to specifically address persons with disabilities. He supported their comments. Planning & Zoning Commission April 20, 1995 Page 3 Mark Becker, no address qiven, said, as read by Karin Franklin from his language board, I can't talk like you but I have a language board. I live in my apartment in Iowa City. I have a great head and Iowa City needs to help us and all of us. We are telling you we want to help you with this problem. Public hearing closed. Scott commented on George Starr's memo outlining his reasoning in substitution of the word all citizens for the term persons with disabilities, and said that Starr has been instrumental in calling the Commission's attention the needs of those with disabilities. He noted that in leaving out the specific term people of disabilities in the document, the wording could be interpreted as inclusionary or exclusionary, depending on the prejudice of those reading. He said he supports including people with disabilities in the preamble. Jakobsen said that the changes should be considered throughout the entire document. Dierks suggested that the amendment be deferred if that was the intention. Scott said he wanted to raise the issue of including another goal under the Housing section so that neighborhoods be provided with community commercial zones that are not entirely dependent on automobiles. He also suggested the possibility of including variable densities within a neighborhood as a goal within the document. Franklin said that this was addressed in the Land Use and Urban Pattern section under neighborhoods. Gibson said the section on page seven of the document does indeed exclude those with disabilities since they are not specifically listed and should be changed to be inclusive. Bovbjerg said that the document is part of the legislative intent and that concern for those with disabilities probably will not be diminished in the future, MOTION: Gibson moved to adopt Iowa City: Beyond 2000 as an amendment to the Comprehensive Plan with staff instructed to amend the preamble statement to include embracing persons with disabilities, all races, cultures, lifestyles and sooio-economic status, and to strike the phrases regardless of income, age, or ethnic/racial background, and households of all sizes, incomes and ages, on page seven of the document under housing because of ambiguous wording. The movement allows staff to include grammatical changes as necessary. Bovbjerg seconded. Jakobsen wanted it noted that she disagreed with the term visual edge as used on page eight of the document. The motion carried on a vote of 6-0. Public discussion of an amendment to the Comprehensive Plan to change the land use classification of property located south of Rohret Road, west of Mormon Trek Boulevard and northeast of Highway 218 from 2-8 dwelling units per acre to 8-16 dwelling units per acre, Public discussion: Planning & Zoning Commission April 20, 1995 Page 4 There was none. Public discussion closed. MOTION: Jakobsen moved to delete the proposed amendment to the Comprehensive Plan to change the land use classification of property located south of Rohret Road, west of Mormon Trek Boulevard and northeast of Highway 218 from 2-8 dwelling units per acre to 8-16 dwelling units per acre because it was no longer germane, Dierks seconded. The motion carried on a vote of 5-0, with Cooper absent. REZONINGS: REZ95-0003. Public discussion of an application submitted by Melrose Investments to rezone an approximate 30 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH- 8, Planned Development Housing Overlay Zone. Miklo said that the revised application requests that the entire approximate 30 acre parcel be rezoned from RS-5 to OPDH-8. The revised plan also indicated a reduction in the proposed number of units from 286 to 258 or approximately 8.4 housing units per acre. He said the revised plan is similar to the previous proposal submitted in that it includes a series of private streets with townhouses. The proposed private streets have been reconfigured to eliminate the hammerhead design, which will provide easier access and egress for emergency vehicles. He said that private open space has been increased considerably in the plan. Miklo said that the plan indicated that .78 acres of neighborhood open space (the trail between Rohret Road and Rushmore Drive) will be dedicated to the city as requested by the Parks and Recreation Commission. He said that all of the storm water management is being handled on the site through a larger storm waster management basin and that there has been a note added to the plat regarding aeration of the basin. Miklo said that he had asked the Housing Inspection Department about the dumpsters for the multi-family units and that they had informed him that code was met. Miklo said that staff recommends that REZ95-0003, an application to rezone an approximate 30 acres from RS-5 to OPDH-8 be approved, conditioned upon 1) the limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer line is upgraded, 2) a provision in the homeowner's association articles of incorporation that ensures the homeowner's association will maintain walkways, including snow removal from the sidewalks installed along Rohret Road and Mormon Trek Boulevard and the trail between Rohret Road and Rushmore Drive and the private drives, 3) the designated local agent for the homeowner's association will be registered with the City Department of Housing and Inspection Services, 4) dedication to the City of .78 acres that include a 15-foot wide walkway area from Rohret Road to Rushmore D, rive and an open space in the southeast portion of the site, 5) payment of fees in lieu of .52 acres of land to be applied to development of the 8-foot wide trail within the dedicated walkway area, 6) submittal of escrow for unfinished public improvements, 7) payment of $354 per acre for water main extension fees, 8) dedication of 40-foot width of Mormon Trek Boulevard right-of-way, 9) construction Planning & Zoning Commission April 20, 1995 Page 5 by the developer of the four foot wide sidewalk along Mormon Trek Boulevard, and 1 O) payment to the City for the four foot wide sidewalk to be installed along Rohret Road. Miklo said that a previous condition listed that the developer obtain the approval and easement agreement, if needed, from the adjacent property owner to the south before grading begins for the portion of the stormwater detention basin that encroaches on the adjacent property was no longer germane. Dierks asked if the payment of 9354 per acre for water main extension fees was a fixed amount. Miklo said that it was, according to a new ordinance adopted by the Council. Holecek said that the ordinance is based on the current actual cost for installation plans for the near future. She said that the City should build a condition such that any extra cost is tagged to current costs and that she would check it out with Public Works before an actual condition is completed. Dierks voiced concerns about placing a traffic light at the corner of Rohret Road and Mormon Trek Boulevard. Miklo said the light at the intersection of Rohret Road would be put in place when warranted as determined by the traffic engineer. Scott said that the Council also reacts from requests from the public and that this is also a way that a traffic light could be installed. Public discussion. J_~udv Pfohl, 2229 Abbey Lane, president of the Ty'n Cae Neighborhood Association, said she was concerned about the density of housing and presented photos and a map illustrating her areas of concern. She noted that her area is extremely dense, and that rezoning would result in taking out areas zoned for single-family homes. David Malot, 2601 Walden Road, said he was concerned about traffic density on Mormon Trek Boulevard. He said that in 1990, the traffic density was 9400 vehicles per day in a 24 hour period and that at that time, the traffic was already exceeding traffic guidelines. He questioned the traffic density as a result of the rezoning plan and asked as a parent if the community could afford not to install a traffic light at the corner of Rohret and Mormon Trek Boulevard. He asserted that with the current plan, traffic density would be too great in the area and that Iowa City needs to hold the line on changing zoning plans. Judy Pfohl discussed the diminished buying power for the potential owners of these proposed dwellings due to neighborhood association fees in an area with private streets. She also said that the narrow streets in higher density housing would rule out public transportation and that emergency vehicles would have difficult access to the proposed development area, Gil Cahon, 2435 Walden Court, said that the Walden Court Owner's Association opposed ti',e plan for Mormon Trek Village for reasons previously stated. Richard Rhodes, 2014 Rochester Avenue, said he had some general comments in reference to OPDH zoning. He said plans are touted as providing more open space while increasing the density of housing, and that while this particular plan provides Planning & Zoning Commission April 20, 1995 Page 6 more open space than others, it is still much less that the public would expect and what is touted in the plans. He said he is very disappointed with the situation. Gary Watts, 4988 Lower West Branch Road, developer of the Mormon Trek Village plan, said that the revised plan does include more open space and is less dense than the previous plan. He said that the proposed townhouse units are currently all 4-plex units and that the duplex u~its are currently two story plans. Jakobsen asked if Watts planned to establish subsidized housing in the development. Watts answered no, Dierks questioned the definition of Watts' use of the term affordable housing, Watts said that the units' target cost would be in the $95,000 to 9125,000 range. He did not know if this qualified as affordable housing by federal standards. Jeff McClennan, 2435 Walden Court, commented on the future of Iowa City ir,dustries, He suggested that the University community may shrink with the addition of computer learning systems, and [hat need for the second main industry, the University of Iowa Hospitals and Clinics, may decrease with the occurrence of managed care. He said that Iowa City will be unlikely to escape said reductions and may start to contract. He said that the need for such high density housing may not be so great in the future and that the challenge for Iowa City may be to keep people here. Tory Rash, 53 Jensen Court, said he was a concerned citizen and wondered why single dwelling family homes were being endangered. He felt that the quality of life was being altered with the addition of high density housing and said that he would like to retain a sense of community in Iowa City, not have it outlawed. Judy Pfohl said that the unit cost for 150 dwelling units is virtually the same for 250 dwelling units and that single-family dwelling should be considered for future plans. Sharon McDonald, 1216 Jensen Court, said that there are currently hundreds of units for sale in the Walden neighborhood and she wondered if there was actually a community need for the proposed development. She said there is no current need for the project planned by Gary Watts. She reiterated Judy Pfohl's concerns about diminished buying power, and urged the commission to listen to what the community was telling them. Public discussion closed. Cooper said he would not vote for the development because there is a need for low cost housing and there are currently too many apartment houses and condominiums already existing within the city. Jakobsen said that the commission has no function in economic judgments, that their main function is to plan. She does not plan to vote for the development. Gibson said that with development that is spread out there is clearly an additional cost to the community in providing infrastructure of streets, fire protection, police protection and that increased density is working to the overall benefit in support of Planning & Zoning Commission April 20, 1995 Page 7 community services. He said he felt that some progress has been make in the plan up for approval, that it is now consistent with the overall long range plan as entailed in the Comprehensive Plan. He said the community needs to exercise some flexibility in zoning and that the Commission cannot ignore market driven pressures, but that he is somewhat troubled by the density of the proposed plan before the Commission. Dierks said that she has lived on the west side of Iowa City for 22 years and she has seen many changes in the street system. She said she has not seen Benton Street improved in that time and that neither it, nor Melrose Avenue are designed to take more traffic. She said she disagrees with Gibson, that the development plan is consistent with the City's Comprehensive Plan, because the proposal suggests 8.4 dwelling units per acre and is not in agreement with the 2-8 dwelling units per acre described in the Comprehensive Plan for this area. Dierks also said she would like to commend the developer on the trail system proposed. Bovbjerg said she felt there was a need for increased housing in Iowa City, although it remained to be seen that the need would continue at the current level. She said that the community needs a diversity of housing options and because of this she in favor of high density housing. She said she appreciated the change in the plan over the last few months and would vote for it except she was concerned about the traffic and construction on Rohret Road. She reluctantly stated that she would not vote for the plan at the present time. Dierks mentioned that the traffic light concern is a valid one and that the issue should be scrutinized. Gibson said that a decision had been made by staff that the plan before the Commission meets the Comprehensive Plan requirements and that the Commission had behaved tonight like the plan met the Comprehensive Plan requirements. Miklo said that the language of the Comprehensive Plan allows for a margin and that the staff does not see 8.4 dwelling units per acre as in noncompliance with the Comprehensive Plan. Gibson said he is appreciative of the effort on the part of the developer in attempting to address the domination of the streetscape by garages within the development. Scott mentioned that the subdivision behind New Life Fitness is 16 dwelling units per acre, which is double the density of the current proposal before the Commission. He also said he was surprised at how rapidly the single-family units in Walden Woods subdivision sold, when he personally felt the condominiums adjacent to Walden Woods are one of the worst condominium developments built in Iowa City. He said he did not recognized that Coil Drive tied into Walden Woods, and that the City needs to look at the need for 3 stop sign at the location. He said that regardless of what happens at Rohret and Mormon Trek Boulevard, there will be a problem with this particular short cut, and that the City needs to find a solution. Scott said that the open space, figured on a per dwelling unit basis, is considerably more than in typical single-family development. He said that he looked at the appropriate land use for an area like this, which is surrounded by major arterial streets, in coming to a decision. He said that it is the Commission's responsibility to see that Planning & Zoning Commission April 20, 1995 Page 8 the land use and requested density are appropriate in the development before it goes to Council. He said he would vote in favor of the plan because it comes down to a land use and housing diversity issue and most of the issues had been appropriately met by the developer. Gibson said the developer has met all the requirements for changes in the application prdcess that were requested by the Commission, the plan is appropriate, and that the Commission must act as if the community will continue to grow, He said he will vote in favor of the proposal. Jakobsen asked if there were enough petitions against rezoning in order to force an extraordinary majority vote of the council. Miklo answered no. MOTION: Gibson moved to approve REZ95*003, an application submitted by Melrose Investments to rezone an approximate 30 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay Zone conditioned upon: 1 ) the limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer line is upgraded, 2) a provision in the homeowner's association articles of incorporation that ensures the homeowner's association will maintain walkways, including snow removal from the sidewalks installed along Rohret Road and Mormon Trek Boulevard and the trail between Rohret Road and Rushmore Drive and the private drives, 3) the designated local agent for the homeowner's association will be registered with the City Department of Housing and Inspection Services, 4) dedication to the City of .78 acres that include a 15-foot wide walkway area from Rohret Road to Rushmore Drive and an open space in the southeast portion of the site, 5) payment of fees in lieu of .52 acres of land to be applied to development of the 8*foot wide trail within the dedicated walkway area, 6) submittal of escrow for unfinished public improvements, 7) payment of $354 per acre for water main extension fees, 8) dedication of 40-foot width of Mormon Trek Boulevard right-of-way, 9) construction by the developer of the four foot wide sidewalk along Mormon Trek Boulevard, and 1 O) payment to the City for the four foot wide sidewalk to be installed along Rohret Road. Bovbjerg seconded. The motion was defeated on a vote of 2-4, with Dierks, Jakobsen, Cooper & Bovbjerg voting negative, ~IOTION: Bovbjerg moved to recommend denial of REZ95-0003. Cooper seconded. The motion carried on a vote of 4-2, with Scott and Gibson voting negative. Miklo noted that the applicant has the option to go before Council. He said the neighbors can contact the City Planning and Community Development Department for the date if the applicant requests that this item be placed on the Council agenda. REZ95-OOO5. Public discussion of an application received from Anderson & Lloyd Building to rezone 38 acres located south of Napoleon Park on the west side of Gilbert Street from ID-RM, Interim Development Multi-Family Residential, to RM-20, Medium Density Multi-Family Residential. Planning & Zoning Commission April 20, 1995 Page 9 Public discussion. There was none. Public discussion closed, MOTION: Gibson moved that REZ95-0005, and application from Anderson & Lloyd Building to rezone 38 acres located south of Napoleon Park on the west side of Gilbert Street from ID-RM, Interim Development Multi-Family Residential, to RM-20, Medium Density Multi-Family Residential, be deferred indefinitely. Bovbjerg seconded. The motion carried on a vote of 5-0, with Cooper absent. REZ95-0006. Public discussion of an application received from Walden Development Co. to rezone 4.3 acres located west of Mormon Trek Boulevard and north of Walden Court from RS-8, Medium Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay Zone. Kugler said staff recommends that REZ95-OO06, a request for preliminary OPDH plan approval for Walden Pointe Condominiums, a 27 unit residential development located in the RS-8 zone west of Mormon Trek Boulevard, north of Walden Court, be deferred pending resolution of the deficiencies and discrepancies listed in the staff report. Kugler said that staff feels the development is in keeping with the existing development in the surrounding area. He said staff recommends that the dedication of a 15 foot walkway easement and construction of the walkway be accepted as the required neighborhood open space. He -?;~ public works and one member of the Environmental Technical Advisory Committee have suggested revisions on the erosion control plan and will have the information ready for the next meeting. He also said that one resident had brought up concerns for drainage problems existing in the area which Kugler said he forwarded to Public Works for recommendation. Kugler said that this information will also be available at the next meeting. Kugler said staff has expressed concerns about the garage doors being the most prominent feature and has suggested the developer address these concerns, Public Discussion. Judy Pfohl, 2229 Abbey Lane, said she opposed the proposal up for discussion because of increased density, increased traffic and lack of single-family housing. Richard Car¥, 2416 Walden Court, said he was the spokesperson for the Walden Court area. He said the owners at Walden Court are not opposed to building of housing on lot 79, but the proposed development is not acceptable because it will cause major erosion problems. He said the neighbors would like to work with the developer to come up with an acceptable project. Specifically, they'd like fewer housing units with the units moved north to the flat part of the hill, and a permanent cement structure built to collect runoff on the south part of the property. Planning & Zoning Commission April 20, 1995 Page 10 He said that what staff is calling a side-walk is actually a fire access route. He said it is not necessary to connect that walk way with Rohret Road, and that this is an unnecessary duplication. He said 60% of the area is a hill and that it has been significantly reshaped by flooding and development. He said that the hill has a 56 degree angle and that he is surprised that the City staff does not think that the grading ordinance applied there. He said that after the woods were removed, the residents were flooded out. He said that the flooding has occurred repeatedly. He said he does not find the proposed building appropriate in the area and feels it will make the flooding problem worse, especially on the west side of the proposed development. Cary said that there are major confusions in the staff report in the areas of drainage, open space, and storm sewer hook up. In conclusion, he said, the Neighborhood Association is not totally opposed to the development, but the residents would like to work with the developer to better understand the area. Sharon MacDonald, 1216 Jensen Court, said she thought the development was deceptive as far as cost, and that if families can't afford to buy, the development units could become rental properties and that transient housing conditions could exist. She said there does not seem to be a need for this housing, especially on such a small hill. IVIOTION: Bovbjerg moved to defer REZ95-0006, an application received from Walden Development Co. to fezone 4.3 acres located west of Mormon Trek Boulevard and north of Walden Court from RS-8, Medium Density Single-Family Residential, to OPDH~ 8, Planned Development Housing Overlay Zone to the formal meeting of May 4. Cooper seconded. Gibson said he would like staff to work to assure that the erosion and flooding problems are solved. He said he endorses staff's suggestion that the developer find a resolution to the garages dominating the streetscape. Scott said the commission needs to know what the slopes are on the property. Kugler said that he will have Public Works take a second look at it. The motion carried on a vote of 6-0. CZ9510. Public discussion of an application submitted to Johnson County by AI Streb to rezone 43.85 acres located in Fringe Area 5 east of Scott Boulevard and .5 mile north of Highway 6 from RS, Suburban Residential, to CH, Highway Commercial (18.39 acres), and to M2, Heavy Industrial (55.46 acres). Kugler said that the area is located within Fringe Area 5, on the east side of Scott Boulevard, north of Highway 6. He said that in November of 1994, an application was filed for commercial zoning on 2.65 acres of this property along Scott Boulevard. He said that at that time, the Commission and the Council recommended that the request by denied, but now the request is for 18.39 acres CH, Highway Commercial, and 55.46 M2, Heavy Industrial. Both the Comprehensive Plan and the Fringe area Agreement recognize this area for future industrial development due to the site's Planning & Zoning Commission April 20, 1995 Page 11 proximity to an existing industrial park. Commercial zoning is not contemplated with Fringe Area 5. Rezoning the proposed 18.39 acres along Scott Boulevard would be in direct conflict with the mutually agreed upon Fringe Area Agreement. Kugler said the City has improved Scott Boulevard to meet City arterial street standards. One of the reasons for the City's investment of public funds of Scott Boulevard was to assure good access for truck traffic to and from the industrial development in southeast Iowa City. Commercial development in this area may impede the industrial development plan for the area. Kugler said that another issue relates to the proposed M-2 zoning for the site, He said that the M-2 zoning allows a number of uses such as auto wrecking, junk yards, stockyards and slaughterhouses, that would be inconsistent with the industriai development that already exists in this area. He said the establishing these uses would make it difficult to attract quality industrial use to this area in the future. Kugler said that appropriate development of this site can occur if the area is annexed and rezoned to I-1, General Industrial, as suggested in the Comprehensive Plan and the Fringe Area Agreement. I-1 zoning would be consistent with the zoning on the existing industrial park located to the west of Scott Boulevard. Staff believed that it would be in the best interest of the community to have this property develop under I-1 zoning connected to City services. Staff recommends that City Council forward a letter to the Johnson County Board of Supervisors recommending that the rezoning be denied. Public Discussion. Richard Rhodes, 2014 Rochester Avenue, pointed out that the drainage way is the main stem of the north branch of Snyder Creek and that this particular proposal does absolutely nothing to protect area wetlands. He said there seem to be no provisions for retaining storm run off on the upland and this would encourage erosion. He said the velocity and amount of runoff would increase in the area and have a negative impact on the wetlands below. MOTION: Bovbjerg moved to defer CZ9510, an application submitted to Johnson County by AI Streb to rezone 73.85 acres located in Fringe Area 5 east of Scott Boulevard and .5 mile north of Highway 6 from RS, Suburban Residential, to CH, Highway Commercial (18.39 acres), and to M2, Heavy Industrial {55.46 acres) to the formal meeting of May 4. Cooper seconded. The motion carried on a vote of 6-0. CZ9513. Public discussion of an application submitted to Johnson County by Celeste Holloway and Tom Bockenstedt to rezone 1.99 acres of a 10.6 acre tract from A1, Rural, to RS, Suburban Residential, for property located in the southeast quadrant of Rapid Creek Road NE and Lynden Heights Road NE in Fringe Area 4. Miklo said that the Fringe Area Agreement for this area indicates that limited residential development is appropriate. Staff recommends that the City Council forward a Planning & Zoning Commission April 20, 1995 Page 12 comment to the County Board of Supervisors finding that the request to rezone 1.99 acres of this 10.6 acre parcel is consistent with the mutually agreed upon Fringe Area Policy for Area 4 and should be approved, Public Discussion. There was none. Public Discussion closed, MOTION: ~ovbjerg moved to recommend approval of CZ9513, an application submitted to Johnson County by Celeste Holloway and Tom Bockenstedt to fezone 1.99 acres of a 10.6 acre tract from A1, Rural, to RS, Suburban Residential, for property located in the southeast quadrant of Rapid Creek Road NE and Lynden Heights road NE in Fringe Area 4. Gibson seconded. The motion carried on a vote of 6-0, CZ9514. Public discussion of an application submitted to Johnson County by Robert Wolf to rezone 126.6 acres from A1, Rural, to RMH, Manufactured Housing Residential, for property located south of the Iowa City Airport in Fringe Area 7. Miklo said that the applicant has requested deferral of the application. He said that the policy for Fringe Area 7 states that continued agricultural use is the preferred use, and that a good portion of the property is farmed and therefor the request does not seem consistent with the Fringe Area Agreement. He said the area is also partially affected by the airport runway protection zone and that the management of the Iowa City Airport questions allowing residential units to be located so close to the airport, particularly before the Master Plan for the Airport is completed. Therefore, Miklo said, staff recommends the application be denied. Public discussion. Howard Horan, Chairman of the Airport Commission, said he endorsed the staff decision and recommends denial of the application until the Airport Master Plan study is completed. He said that because of noise and safety concerns caused by traffic over the runway, the area will not be suitable for residential development. He said the time frame for the Airport Master Plan study will be one year. Robert Wolf, 3732 Humminqbird Lane, the applicant, said he looked at twelve sites and that this site seemed like it would be the perfect site for their needs, although there were certain drainage problems that staff had helped to address. He said that all the neighbors except the airport believed the plan to be a good idea. He said that he and his partner had met with the airport manager and it had become apparent that they needed more room and he said he had no problem giving up the additional property. He said that because of the high barrier of the hill, some of the fly over patterns cited by the airport do not make sense to him, but that he would take their concerns under advisement. At this time he asked the Commission to defer the request indefinitely until he received a reply back from the application submitted to the Federal Aviation Administration (FAA). Planning & Zoning Commission April 20, 1995 Page 13 Public discussion closed. MOTION: Bovbjerg moved to defer indefinitely CZ9514, an application submitted to Johnson County by Robert Wolf to fezone 126.6 acres from A1, Rural, to RMH, Manufactured Housing Residential, for property located south of the Iowa City Airport in Fringe Area 7, Cooper seconded. The motion carried on a vote of 6-0. DEVELOPMENT ITEM: SUB95-0OO9. Public Discussion of an application submitted by East Hill Subdivision, Inc. for preliminary plat approval of East Hill subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street. Kugler said this applicant is requesting preliminary plat approval for East Hill Subdivision and that the site was recently rezoned from RM-12 Low Density Multi- Family Residential and RS-5, Low Density Single-Family Residential, to RS-8, Medium DensityMulti-Family Residential. He saidtherezoning wassubjecttothree conditions; 1 ) dedication of the Ralston Creek flood plain, including public access to the dedicated area; 2) a limitation on the density of the development to 72 units unless secondary access via a dedicated public street is provided; and 3) the developer participating with the City in the development of a trail within the dedicated flood plane of Ralston Creek at the time of development of the property. I(ugler said that all appears to be in compliance, Kugler said that the preliminary plat does show that all of the Ralston Creek flood plain is located on Lot B, which is to be dedicated the City. A 15 foot wide public access right-of-way and an 8 foot wide sidewalk are being provided between Lots 6 and 7 to provide access to Lot B. Kugler said that the preliminary plan currently shows 36 building lots. He said that in the RS-8 zone, either a single-family home or a duplex could be constructed on each lot. Therefore, a maximum of 72 dwelling units could be constructed within this subdivision. Kugler said that if the City chooses to develop a trail, development of the property shall be subject to the Owner at the time of development participating with the City in the development of a trail within the dedicated flood plain of Ralston Creek to the City's satisfaction. The Owner' obligation would be limited to grading and construction of a trail on the property, and shall not exceed $5,000. Kugler said the developer has indiceted that this is acceptable. Kugler said that it is staff's opinion that the proposed preliminary plat meets the City's secondary access guidelines. However, the Fire Department has recommended that secondary access be provided. Staff has suggested to the developer that the issue of secondary access be investigated, but continues to be of the opinion that the City's secondary access guidelines are being satisfied. Planning & Zoning Commission April 20, 1995 Page 14 Kugler said that traffic counts will likely exceed the Comprehensive Plan guidelines for a local street at 1,000 vehicles per day. He said that the Neighborhood Open Space requirement will be satisfied by the dedication of Lot B, which contains 1.13 acres. He said that the proposed plat does not contain provisions for storm water detention, upon recommendation of the City Engineer. Kugler said that staff recommends approval of the development, subject to the approval of a Grading and Erosion Control Plan and to the rewording of "access easement" to be labeled "public access right-of-away". Dierks asked if outlot A was described as a floodplain and that if it would be entirely within the area that became the Ralston Creek Trail area. Kugler said the concept plan submitted with the rezoning indicated that it was identified as a separate parcel along with the flood plain, and not to be part of the subdivision. He said the requirement for dedication is based on Public Works' request that the flood plain be dedicated, and that Lot A is not within the flood plain, and is not required to be dedicated. Dierks asked if the caretaker of the cemetery would be able to build a duplex at the location if he wanted to, and to use the cemetery road as access. Miklo answered no, that any use associated with the cemetery would require rezoning. Dierks said that by approving this, a land locked lot is created. She wondered what the legal ramifications were. Holecek said that the lot in question had been designated as an outlot on the plat, so that it would be impossible for someone to build on the lot after the fact. Gibson asked if outlot C was currently developed. Miklo said that perhaps the applicant could address questions concerning outlot C. Public discussion, Gene Kroeqer, 320 Willis Dr., developer of Easthill Subdivision, said that Memory Gardens Cemetery decide that it wanted to keep Outlot C, which is an 8*foot wide strip of land, and that it did not make any appreciable difference to the development, so they agreed to give it to the cemetery. He said that state code states that they can't build on an outlot, and they planned to give it back to the cemetery. He said he is only asking to develop the housing density to the level of the adjoining property to the east, nothing more. Suzanne Gurnets-Streetz, 847 Dover Street, expressed opposition to the development on the grounds of safety concerns only, and mentioned seasonal changes in traffic flow during the summer, especially over Meadow, Friendship, and Dover streets, which she said approximate 1200 trips a day, which is over the recommended counts for traffic flow. She said that members of the Commission should visit the area and take into consideration future growth, the terrain of the area, safety problems with pedestrians and children walking to Lucas school. She stated her formal opposition to limiting Planning & Zoning Commission April 20, 1995 Page 15 parking on Dover Street, and said that the majority of the residents in the area oppose the development. Hal Penick, 2617 Friendship Street, said his residence is two houses away from Friendship and Meadow Streets. He said he is not opposed to increased density or development but because of the land locked nature of the area, traffic flow is a problem and that secondary access needs to be addressed with future growth. Huqh Jenninas. 2615 Friendship Street, said he lives directly across from Ralston Creek and that with future building, Ralston Creek will be in his basement when it floods. Scott commented that according to the preliminary plat the elevation was 696 feet, which was one foot above the 100 year flood level elevation for the area. Jack Hoehnle, 605 Meadow Street, said he believes the land should be developed but that it needs to be single-family housing. He voiced concerns about traffic, problems with the suggested trailway, and concern for flooding on Dover Street. He said that more open space was needed. Diane Stamp, 901 Dover Street, said she is concerned about safety, especially for pedestrians. She said she does not believe that a single access plan is sufficient. Richard Rhodes, 2014 Rochester Avenue, said he thought the arrangements of lots A and B was unclear, and that this was the area previously talked about as use for the dedication of a trailway. He said that all the City is left with is a narrow strip of land with little flexibility. He said that perhaps the developers could donate outlot A and receive a tax break. Kroeger said that he has no use for Outlot A and would be willing to dedicate it to the City. Scott said he does not see this as the developer's problem but rather the commissioner's desire to have a trail. He questioned that if in fact the developer dedicated outlot B and pays $5000 towards the construction of a trail that it does not absolutely obligate the City to install a trail. Suzanne Gurnets:Streetz, 847 Dover Street, voiced concerns about the west side of Dover Street where the storm water basin was located. She said she is concerned about water problems and that the grading needs to be heavily scrutinized. She also asked how far the City deviates from traffic counts on local streets. Public discussion closed. MOTION: Rovbjerg moved to approve SU895-0009, an application submitted by East Hill subdivision, Inc. for preliminary plat approval of East Hill Subdivision, a 36-1ot, 13.11 acre residential subdivision located at 655 Meadow Street, subject to the Planning & Zoning Commission April 20, 1995 Page 16 approv. al of a grading & erosion control plan prior to Council consideration of the preltmmary p at, and subject to relabeling "access easement" as a of-way". Jakobsen seconded. "public access right. Scott said that if the Parks and Recreation Commission finds it necessary in construction of a trail to accept Outlot A, the developer has indicated that he will deed it to the city at no cost. MOTION: Bovbjerg moved to amend the main motion to recommend to the Council that they accept the developer's offer to donate Outlot A if the Parks & Recreation Commission supports dedication. Jakobsen seconded. The motion to amend the main motion carried 6-0. The motion carried 6-0. PLANNING AND ZONING COMMISSION ELECTION OF OFFICERS: ,MOTION: Cooper moved to elect Tom Scott, Chair Person; George Star, Vice-Chairperson, and Sally Dierks, Secretary, Bovbjerg seconded, The motion carried on a vote of 6-0, PLANNING AND ZONING COMMISSION INFORMATION: Jakobsen said that the Commission had received two letters complaining about the building of a duplex in the residential area between Jefferson and Market Streets. Miklo said that the RNC-12 Zone intent was to preserve the single-family or duplex character of the neighborhood without allowing multi-unit housing. He said it would allow for new single-family, new duplex or conversion of single-family housing to duplex, which was what was being done in this case. He said that the neighborhood was objecting because the duplex being built has one door facing Jefferson Street and one side facing the alley and that the same developer built a house in the area and rented it to a group of students. He said this is not something that the City can control and as far as he knew the new duplex met code. Scott said that the developers are doing exactly what they should, that the duplexes met the intent of the law. Bovbjerg and Scott offered thanks to Cooper for his long tenure on the Commission. OTHER BUSINESS: There was none. Planning & Zoning Commission April 20, 1995 Page 17 ADJOURNMENT: MOTION: Bovbjerg moved to adjourn the meeting at 12:08 a.m. Dierks seconded. The motion carried on a vote of 6-0. Sally Dierks, Secretary Minute submitted by Lita Sorensen. MINUTES IOWA CITY HISTORIC PRESERVATION Commission MARCH 14, 1995 - 5:30 P.M. LOBBY CONFERENCE ROOM - CIVIC CENTER MEMBERS PRESENT: Jay Semel, Douglas Russell, Kay Irelan, Betty Kelly, Sue Licht, Kevin Hanick, Ginalie Swaim MEMBERS ABSENT: None STAFF PRESENT: Miklo, Kugler, Dawson OTHERS PRESENT: John Shaw, Roger Gwinnup, Norman Kallans, Daniel Lammere, Mike Pugh CALL TO ORDER: Russell called the meeting to order at 5:35 p.m. INTRODUCTION OF NEW MEMBERS AND THANKS TO DEPARTING MEMBERS: Russell welcomed John Shaw and Mike Pugh as new members to the Commission. They were appointed to three-year terms commencing March 29, Russell thanked Jay Semel and Kevin Hanick for their service, and said their contributions to the Commission were highly valued. They will be recognized for their service atthe May 17 Historic Preservation Awards Program. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DISCUSSION WITH REPRESENTATIVES FROM THE JOHNSON COUNTY HISTORIC PRESERVATION Commission: Russell asked for a description of the County commission from Commission chair Roger Gwinnup. Gwinnup said the Commission consists of five members, and meets less frequently than the Iowa City Historic Preservation Commission. Current projects include finding more information about tax abatement for historic properties. Gwinnup said some counties are going for growth, and Des Moines has 800-900 applications annually. He said the tax abatement plan includes industrial, commercial and residential groups for in-town propedies and in rural areas it is based on industrial growth. Gwinnup asked for input as to how the Commission could incorporate this project in Johnson County. Russell asked if there was any idea of how the Johnson County Board of Supervisors felt about the program, Gwinnup said the board has not been approached yet. Russell said the Iowa City Histor'c Preservatmn Commission is interested. He asked if it would be possible to have examples from other counties where historic preservation tax abatement is Historic Preservation Commission Mamh 14, 1995 Page 2 used and then jointly approach the Board of Supervisors. He asked the county Commission to investigate into statutes used in other counties. Licht asked if any county officials in Van Buren County have been approached about this project. Gwinnup said he spoke with Marcy Mueller, Licht suggested the county clerk in Bonaparte, where tax abatement is used frequently. Russell suggested contacting the State Historical Society in Des Moines to see if they have an opinion on this, Gwinnup said he'd call Kerry McGrath and have her send something to the city Commission, Licht said tax abatement is an impodant issue and many states have used it. There are state rules about it, Russell said the Board of Supervisors will want to know who it applies to and who makes the decisions so it can vote. Swaim said the county and city historic preservation groups will be co-sponsoring the Preservation Awards program, Gwinnup said the county commission has been looking for nominees but hasn't received any applications. Kallans asked who usually takes the initiative in preservation work, Russell said both the Commission and the neighborhood can. He said usually the neighborhood calls about historic preservation districts and each group contributes equally on generating nominations for awards. Swaim said the Heritage Expo will be sponsored in June by the State Historical Society and it is using a rural theme this year, She said there might be some workshops of interest to the county commission. Russell said he hoped the Commissions will stay in touch with one another. He said the city commission will be supportive of the county in any way it can. CERTIFICATE OF APPROPRIATENESS: 325 BROWN STREET: Russell said this property is owned by Kay Irelan, who was present with her builder, Daniel Lammers. For the benefit of new Commission members, Russell explained that a Certificate of Appropriateness is the permission required of a property owner to make exterior alterations to a building within a historic district, If approved, the builder has the right to go ahead with the construction. Irelan said 15 years ago a deck was added to the back of the house and later began to fall off. She said previous owners took out the cellar doors, excavated for a walk-in basement and did a lot of terracing. She wants a more traditional look, but on a smaller scale and wants to keep the deck away from the living room window. Russell asked if the deck will be smaller than the previous one. Irelan answered yes. She said there is not a 6 1/2 foot clearance at the door, but she talked with the building inspector about it. He said they wouldn't have to do more excavating or raise the deck. [relan said she also wanted a second stairway around the east side of the house. The finished area will have a patio and fencing around the yard for privacy. She said she is going to paint the spindles and railing white and stain the deck. Historic Preservation Commission March 14, 1995 Page 3 Russell asked if the proposed deck is visible from Brown Street. Irelan said it would only be visible from Gilbed St. She said she had originally thought of adding lattice. She said the facia board is going to be 1" x 10" instead of the current 1" x 8". Russell asked if there was a rear enforcement for the deck. Irelan said the whole back of the house was originally a porch. When she first moved there, there was a door, but the original had been replaced with a more secure one. She said concrete has also been added for reinforcement. Russell asked if there are railings between pillars on the front porch. He asked if Irelan has any thoughts about restoring the front to match the back, Irelan said the only thought would be to remove the pillars. She said the home was built in 1896. Licht suggested a trim in the place where the deck board meets the vedical board. Shaw said the home seems to be going from terrible to much better. Motion: Hanlck moved to grant a Certificate of Appropriateness for 325 Brown St, with the stipulation of adding trim as per Licht's suggestion. Kelly seconded. Motion carried on a vote of 7-0. DISCUSSION OF CONSERVATION DISTRICT ORDINANCE: Kugler said he discussed the ordinance with Bob Miklo, who suggested some additions. He said he wanted to discuss any changes and bring a new draft to the next meeting. Swaim said regarding the last paragraph on page 3, in 30 years the Commission will be looking at houses that were built after 1940. She suggested the committee not commit to a specific time. Russell suggested a time period rather than a specific date, such as 50 years old. Swaim said line 4 of the first long paragraph on page 4 said the Commission shall consider the concerns of the residents. But in the last paragraph there's a reference to properly owners. Swaim suggested the first reference includb owners. Kugler said for most city actions the city notices go to the owners. Russell said it would be a good idea to be broad and take the residents into account, but that means renters have to be considered. Licht said problems would occur in areas where the rental turnover is high. Swaim said the third line from the bottom of the paragraph makes a reference to residents. Russell said residents should be changed to owners in the first paragraph. Swaim asked, in reference to the first paragraph on page 5, whether Planning an Zoning has a hearing. Kugler said instead they do public discussion. Russell asked if there should be a reference made to historical landmarks on the top of page 4. Licht said that should be included. Swaim said paragraph B on page five seems repetitious. Kugler said the two "staffs" are the same, and are repetitious. Swaim said on page 6 "appropriate city staff" is ambiguous, Russell said it should be a staff decision about who handles this. He said he would think it would be appropriate for a Historic Preservation staff person, Kelly asked if the Commission wants to go directly through he building Historic Preservation Commission Mamh 14, 1995 Page 4 department. Kugler said that's the way it's done now. Russell asked Kugler to look at the plan and come back to the next meeting with the information. Kugler said item B on page 4 is out of place, and is already covered under point F on page 6. Russell said there has lo be a district before there can be an application, therefore C belongs in both places. Kugler said he still thinks B doesn't belong there. Russell agreed. Kugler pointed out paragraph I on page 7. Russell said Miklo had concerns about streamlining this and not repeating things already in the code. Russell said the staff will make a draft for the next meeting. DISCUSSION OF PROPOSED LANDMARK ORDINANCE: Russell said since the last meeting he has met with Kugler and Miklo to discuss furlher changes. The State Historical Society will be put back into the plan because they're important in the process. He said the process is almost exactty the same as a Historic Preservation District. Licht asked if a Conservation District will jeopardize the Landmark Ordinance. Russell said it would not. He said Planning and Zoning seems to like both, but if the City Council does not like one it won't necessarily kill both. Swaim said page 8 section A should include demolition. Russell agreed. Swaim asked who the secretary is, as discussed in section B. Russell said the secretary is the designee of the city manager to attend. nd support the Commission. He said it would be Kugler. Kelly asked, regarding section A, if a permit is required for removal. Russell said it is not. He said the next round of legislation to be looked at is an ordinance to tighten up weak spots. He said the Commission decided to wait for now, as it would complicate things, He suggested an agenda reminder for next meeting to develop a list of amendments, He said some suggestions have been stiffer penalties for illegal demolition and requiring a permit for pomh removal, Russell asked if it was the consensus of the Commission that this should be called the Historic Landmark Ordinance and not just the Landmark Ordinance. Semel asked about the laser building. Licht said since it's being tagged into the Historic Preservation Ordinance, it's historic. Hanick said for the most part, new buildings do not need protection. Shaw said if the ordinance says 50 years, this is a problem. Kugler said the 50 year clause had been taken out. Licht asked why there was no 50-year recommendation if this is being Iagged with the Historic Districts. Shaw said Pearson's could be considered a landmark, but still there are institutions. Kugler said at one point it was suggested that the Commission tie this into the National Register, which allows for special circumstances. Semel said if someone important did something in a significant style, it should be protected. Shaw asked why it would be a Historic Landmark if there is no 50 year limit. Russell said it makes it a better sell to the Iowa City City Council. The committee agreed to keep Historic in the title. Russell noted corrections of several typos in the document, Historic Preservation Commission March 14, 1995 Page 5 Swaim asked why in section A of page 3 "Iowa" is left out. Kugler said that is the current wording of the ordinance. Russell suggested bringing a future list of changes to the next meeting. DISCUSSION OF HISTORIC PRESERVATION AWARDS PROGRAM: Swaim said three jurors have been selected: Kerry McGrath, Dave Metzget and Scott Hazel. Swaim said Hills Bank will be responsible for the catering. She said the theme is "Real People, Real Places, Real History" and the focus is on military restoration. Irelan said there is a bulletin board at the library that will be used. Russell said this is typically a display of photographs in the library. Swaim said she needs volunteers for the following tasks: Writing a guest editorial (Hanick) Attend May city council meeting for mayor's proclamation (Pugh) Attend lunch with jurors on awards day Run slide projector (Shaw) Attend to brochure table (Kelly) Moderate program (Licht) Hand out awards - Swaim said she will just have people stand when names are called, then they will collect their awards after the program. She said there will not be a person needed for this after all. Assistant for Licht (Swaim) Russell asked if a press release is being written. Kugler said it needs to be mailed out. He said he put it together and sent it to the city manager during the first week of March, but did not put the April deadline on it because it was getting rather late. Kugler said Steve Long, a planner in the City Planning Department, owns a unit in the the Co-op building between Summit Street and the proposed College District (Summit Street apartment building). Kugler said the co-op association was interested in a tour of the building during Preservation Week. Russell suggested tours be sponsored by the co-sponsom of the awards program. He said at the April meeting preservation award nominees will be discussed. Russell suggested bringing photographs of places to nominate. Swaim suggested setting a date, perhaps Mar. 30, by which nominations must be submitted to Kugler so he could put them in the packet and everyone can see them. Shaw asked how common it is to not have a winner. Russell said a winner was skipped more than once. Shaw said he would rather not give out an award than look too hard. Licht said Sal Bach has made money and turned it around into historic projects. Semel suggested an achievement award that was separate from the "lifetime achievement" award. Swaim said the public will be confused if a second, similar award is given. Historic Preservation Commission Mamh 14, 1995 Page 6 DISCUSSION OF REQUEST TO DESIGNATE PROPERTY LOCATED AT THE NORTHWEST CORNER OF JEFFERSON AND GILBERT STREETS AS A HISTORIC DISTRICT: Russell said Joan Hart sent a letter in January about four buildings on Jefferson St. for a Historic Landmark zone for Historic Preservation, He said the Commission could either do nothing, or look into creating a Historic Distdct or Conservation District, Russell said the Commission should give a written response to Hart. He said one problem with making it a district is the Commission membership problem, Licht said the problem is issuing Historic Districts to little clumps of four or five houses, Russell said if it's a concem that this not be a Historic District, the Commission should send a letter saying where it is at in terms of the Conservation Ordinance and when applications will be available, Shaw asked why this is different from Moffitt Cottage. Russell said it was due to the quality of the Moffitt District, plus it was already on the National Register, Licht said this group is not as amhitecturally cohesive as Moffitt Cottage. Semel suggested telling Hart why the area is not a Historic District, Russell suggested telling her the Historic Landmark designation would be best and the Commission would be willing to look at the area as a landmark when the Landmark designation process has been adopted. CONSIDERATION OF THE MINUTES OF THE FEBRUARY 14, 1995, MEETING: Swaim said McGrath's first name is spelled Kerry, Russell said on page one the Commission will be "nominating". He also suggested striking "candidates and" from the last line of the fimt paragraph on page 3. Swaim said the motion on page 4 had the wrong date. Motion: Semel moved to approve the minutes of the February 14, 1995 meeting as amended. Licht seconded. The motion carried on a vote of 7-0, Commission INFORMATION/DISCUSSION: Licht said the Iowa Preservation Alliance is putting together a list of endangered historic properties to be published nationwide. Shaw said he noticed the porch on the back of a house on Summit Street is standing open to the weather and windows am broken, Russell said the city does not have a "demolition by neglect" ordinance, but should have. Semel said he sees birds flying into the back of the house. Russell said Friends of Historic Preservation has grant money. Licht asked if them are any other buildings in the city that am in danger, which could be Historical Landmarks, Russell said St. Patrick's Church. Kelly said St. Mary's. Licht said St. Wenceslaus. Irelan said all Catholic churches are discussing consolidation and creating a new building on Benton St. Pugh asked what the effect of the list would be. Licht said there might not be any, but it would increase public awareness and possibly get the community involved. Historic Preservation Commission Mamh 14, 1995 Page 7 Kugler said on April 6 there will be a Certified Local Government Conference in Des Moines. He said the Commission has money for meals and travel expenses. Russell said he will go, He said they will be announcing CLG grant recipients at the conference and we have two pending, Kugler said only 12 people showed up at the Longfellow Neighborhood meeting with Molly Naumann, but it went well, He said it sounds like there will be a lot of interest in volunteer work. Russell said Naumann was interested in conducting a few workshops, Semel said this Commission was one of the most active organizations on which he has served. He thanked everyone for their service on the Commission. Hanick said he really enjoyed his time on the Commission, Both Commissioners said they would like to remain involved in the future. Hanick said he has heard that a number of residents of the Longfellow neighborhood are concerned that the developers have gone bankrupt on the old ADS site. He said homeowners there are very nervous. Swaim thanked everyone who volunteered for awards program activities. Russell said there will be an informal City Council meeting on March 27, and on March 28 there will be a formal Council meeting for the Moffitt Cottage Historic District. He said at the formal meeting it will be important to have Commission members there. ADJOURNMENT: The meeting was adjourned at 7:28 p,m, Minutes submitted by Jennifer Dawson. thpc,3-14 MINUTES IOWA CITY BOARD OF APPEALS MARCH 13, 1995 - 7:00 PM IOWA CITY CIVIC CENTER MEMBERS PRESENT: Werderitsch, Buss, Carlson, Roffman, Hagedom, Staska MEMBERS ABSENT: Maas STAFF PRESENT: Boose, Bogaard, Osvald, Bowers, Pumfrey OTHERS PRESENT: Rich Russell, Tim Taylor, Tom Bockenstedt, Dave Ewers, Keith Emerson, Ed Byers, Mike Hodge, John Dudley, Kevin Barnes, Bill Bednartz, Larry Schnoebelen, Jason Moore, Pat Moore, Gary Haman, Duane Schnoebelen, Eddie Huffman, James Kempf, Arden Svoboda, Jr., David Wright, Neal Bowling, Jim Niebuhr, Dave Amelon, Curt Amelon, Jim Mulford, Jay Holcomb CALL TO ORDER: Chairperson Carlson called the meeting to order at 7:06 p.m. APPROVAL OF THE MINUTES FROM THE DECEMBER MEETING: Roffman moved and Buss seconded for approval of the minutes from the February 1995 meeting. The motion carried unanimously. STAFF PRESENTATION AND GENERAL DISCUSSION OF CHANGES IN THE UNIFORM CODES.: Boose said he would be willing to make a packet of the meeting's slides available to meeting participants. Richard Russell, Coralville Building Official, said that he is going to go through the first 5 or 6 changes that applied to single family or light commercial construction. He said the first change concerns furnaces in garages where sources of ignition must be at least 18 inches above the floor. Boose said that prior to this, inspectors did not consider the fan as a source of ignition, and the Building Code now clarifies that the fan is a source of ignition. An audience question asked "is this just in garages"? Russell said that the inspectors had allowed furnaces in rooms that were in garages as long as the room had a tight-fitting door and took its combustion air from outside. Boose commented that Iowa City followed the same policy. Russell said the next change is with window wells for egress windows. He said the code says that a window well must be equipped with an approved ladder or stair if the well is more than 44" deep, He said the ladder can encroach into the well by a maximum of 6 inches, Bogaard said the minimum dimension of the well is 3 feet each way, Boose said that the area behind a casement window does not count as it is not useable space by the person using the window for egress, Board of Appeals March 13, 1995 Page 2 Russell stated that the ladder design specs are left up to local jurisdictions. He said that Iowa City and Coralville have agreed on a design, 8ogaard said the ladder is based on the Uniform Mechanical Code. Russell said the ladder must be at least 14 inches wide with rungs not more than 14" on center, and have a minimum of 3~ toe space, Russell said there is no specified material for the attachment or rungs. Boose said the rung material should be something you can grasp. Russell said another change was in Group R occupancies, Any addition or remodeling valued at $1,000 or more will require that the building be retrofitted with smoke detectors, He said decks are not counted as additions, @oose said the that this has not been enforced uniformly because some officials have required retrofitting during a roofing job which was not intended by the Code writers. Russell said that interior remodeling counts as well, Boose said battery smoke detectors fit the requirements. A question from the audience asked who was responsible to figuring out whether the project would require the retrofit, Bogaard said the city would figure this out when issuing the building permit, Russell said that the handrail requirement has changed so that the handgrip portion of handrails was reduced to allow 1 '~ inches. Russell said another change has been to the application of vinyl siding, which can only be applied in Type V construction and not more than 40' in height, Russell said Coralville/North Libert,., will have a fee increase and it boils down to about 40% increase in the fee, He said this is the first increase in fees in Coralville since 1985 and the increase will go into the city's general fund, Bogaard said the Iowa city fee schedule is lower, but it doesn't cover the subcontractor fees, Werderitsch asked to whom the fee increase applied, and Russell said it would be across the board, Russell said that water and sewer fees will be the same. He said North Liberty has been using the same code and that North Liberty inspectors are paid through Coralville, He said the North Liberty and Coralville City Council will be the ones who would have to approve this. He said The fee schedule is totally based on the one in the Uniform Building Code which is sponsored by a fee schedule in California, who have no need to hire more inspectors. He said Coralville is in the opposite situation because his department needs to hire more people, He said that the actual decision to adopt the ordinance would be at the Coralville City Council in the late part of May or the early part of June. One audience member asked why there were height limits on the vinyl siding, Boose there has been some misapplication of the Code with regard to vinyl siding. He .~aid some departments have enforced the plastic veneer standards which are more stringent. He said this change is to clarify that the vinyl is not to be considered in the same way and the 40 feet is so that the fire department can fight it easier as it is more flammable than wood. Bogaard said he was going over the changes in the wood requirements, He said the first change is dealing with conventional construction requirements, He explained there have been more unusual shapes in buildings, and the Code writers have clarified when you can use conventional light frame construction, He said conventional construction may be used with one, two, and three story group R Occupancies; one story Category IV buildings, with a slab on grade floor; group U occupancies (such as garages); top story walls and roofs of Category Board of Appeals March 13, 1995 Page 3 IV buildings not exceeding two stories of wood framing; and interior nonload-bearing partitions, ceilings, and curtain walls in all occupancies. Bogaard said another change is that in seismic zone 0 and areas where the wind speed in less than 80 mph, bracing walls will be required on exterior and interior walls not more than 34 feet on center in the ~ongitudinal and transverse direction. He then went over the definition of braced wall lines and braced wall panels and bracing practices for walls and ceilings. He showed where the braces would be on an elevation drawing on the overhead projector. A member of the public suggested the possible use of a metal bracing material, and Bogaard said it seems likely that metal brace would work to meet the intention of the ordinance. One public member raised the objection that the Code is written for the extreme case, and the example shown in the elevation drawing not the extreme case that the Code is probably trying to get at. Another audience member said that it just doesn't seem that likely that the wind in Iowa justifies the amount of bracing that this change requires. Boose said the Code was written because of a national problem with high winds. An audience member said that, in Iowa, there just hasn't been a problem with wind, and maybe that section should be rewritten so it's more directed to those particular problem-type structures than it is as written now. Roffman said in a commercial building there wouldn't necessarily be walls within 25 feet of each other. Bogaard said that type of building would have to be designed. Boose said if Iowa City varies from the national code, there should be some peculiar local reason. He said ~f it were possible to come up with some local data on the historic wind speeds, this would be one way to justify varying from the national code. Werderitsch said that the Homebuilder's association could have an engineer come up with an alternative for this requirement pretty easily. Boose said that there is another lateral bracing problem with walk-out basements and there have been problems in town with severe cracking. He said a local amendment would require that more than 16 or 18 foot long walls would not be allowed without bracing or rerod designed by engineer. Bogaard said another change has been that wood span tables have changes which is industry driven. He said spans for Douglas Fir have been reduced due to lower quality wood than previously. Boose said Western Wood Product books are available and are relatively cheap, and he will order them if any one is interested. Bogaard also discussed the x bracing required for trusses, and how this has been done by some, but not all builders, and the inspectors will be paying more attention to this practice during inspections. Boose said he was there to discuss fire wall requirements and wall penetrations, He said the city policy will change concerning a door that connects a single family house and a garage, which should be self-closing. He said inspectors have not previously enforced this rule. Boose said the next item was a clarification and not a change. He said that the fire resistive wall construction should be maintained throughout the wall, rather than gaps between floors and between the top floor and the attic. Booae said staff has suggested using rock wool Board of Appeals March 13, 1995 Page 4 which is a fire resistant insulation and which would be easier to patch in. Werderitsch as if this is would allow a cantilevered deck. Boose said this is only for a required 1-hour wall because of proximity of the fire wall to the lot line, so there probably would not be room for a deck. Boose said through penetrations and membrane penetrations through walls and partitions require fire resistance treatments. He showed slides and said one of biggest problems is the. ceiling which should be dry wailed before the soffits were fitted. He said other cities do in multifamily (not single family) sheet rock the ceiling first and then install the ducts and then soffit them in to keep the membrane intact. Boose explained the test for 1 hour requirement. Boose showed a slide illustrating combustion air ducts through multiple floors and explained that the easiest way to meet fire requirements is to encase the ducts in a shaft. Bogaard said the shaft has to have drywall on both sides. Boose said the idea behind the requirements is that you should not have many penetrations in too small an area, or else it creates a big gap for fire to go through. Roffman pointed out that the floor joists can't go through the shaft space, Boose said you'd have to design around the joist problem and reminded everyone that the requirements are only for multifamily and commercial buildings. One audience member asked how builder's will know when the new requirements will be in place. Boose said that adequate notice would be given and if a plan has been submitted and has been reviewed, it will not be re-reviewed by the office. Boose showed a slide of electrical outlets and said that penetrations in opposite sides of a common wall must be separated by 2 feet. He said the reasoning is that the outlets should not be in the same stud space. He said this would be really hard to avoid, especially if the kitchen is along a shared wall. He said you should use metal electrical boxes in the common wall of a duplex. He said the biggest violation is electrical panels in the common wall, which should not be in the common wall. Carlson said that the manufacturer that makes fire caulk also has a fire panel that you can wrap the panel in so that it's not considered a hole in the wall. Boose noted that this is probably an expensive option, but it is an option. Boose showed a slide of a tub opening as a floor ceiling opening. He said the opening should be fire caulked and the size of penetration reduced. Bogaard said with the PVC plumbing, you are supposed to use a sleeve to get the correct amount of fire caulk in the hole. Boose said he understands you have overcut the hole to get the pipe in, and inside a wall you can use rock wool to fill the gap. Boose said the toilet stub is another weak point in the fire assembly. He said fire caulking is the only way the staff could find to fix it. One of the audience pointed out that a toilet is a non-combustible product, while the shower/bathtub is a flammable product. Jim Pumfrey then came forward to speak about fire sprinkler systems. Pumfrey said fire fighting is a very ineffective way to deal with fire as it is not cost effective. He said that their typical response time is 4.5 to 5 minute time frame, but that a fire can go from open visible flame co flashover in less than 3 minutes. Board of Appeals March 13, 1995 Page 5 He said the best thing we can do is look at residential sprinklers, where the cost of fire suppression is on the landowner. He said hiring additional fire fighters gets expensive, and on an average day, they have 16 persons per shift which is as low as you can get. He said Iowa City has the lowest staffing per 1000 of any city in Iowa, they are stretched as thin as they can get. He said in 1994 only 10% of business was truly fire related and 56% was EMS related. He said the town has seen a proliferation of twelve-plexes and the majority of apartment buildings get graded at 2½ stories to circumvent the code. He said the fire problem is the same for these buildings as any other building. He said the fire department is asking that the sprinkler ordinance apply to any building 3 floors or more in height. He said the new systems can reduce cost of previous sprinklers, because you can put the sprinklers on the existing cold water runs. He said this really reduces the cost down to 60 to 70 cents per square foot. He said the Oakcrest and Broadway apartment fires could have been a lot less severe had there been sprinklers present. He said sprinklers would reduce the need for satellite stations. He said that sprinkler systems are designed to go off one at a time in the area of need and have 18 gal per minute flow, while a fire hose is 180 gallons per minute. He said the water velocity is different as well. Roffman asked Pumfrey if this was just the first step, with his ultimate goal being required installation of sprinkler systems in every single-family dwelling. Pumfrey responded that he firmly believes that sprinklers save lives and reduce property damage and should eventually be required in every new building, including single-family dwellings. One audience member pointed out that he is working in a situation with a residential single family sprinkler, and the really expensive item is the backflow preventer. Pumfrey said if the sprinkler comes in as just part of the potable plumbing system and it is looped, then you can treat it as conventional plumbing. Osvald said this situation probably does not need the double check valve, which can be expensive for large apartment buildings, but smaller ones are $80 or less. He said the high dollar ones are for those that add antifreeze to the sprinkler system. Roffman said the single pipe plumbing suggestion would violate the plumbing code. Boose said that is no longer true. Roffman said the outlying areas, where the satellite stations are needed, are single family developments. Pumfrey said the multifamily structures are higher risk fire buildings because they don't have has much care of ov~nership. Roffman said that there is the potential for vandalism of sprinkler heads if you use that reasoning. Carlson said the sprinkler head can be recessed. Roffman asked how many fire fighters have sprinklers in their homes. Pumfrey said none right now, but he would have had he purchased his home earlier in construction, and he said that the Coralville fire fighters have installed sprinklers in one of the parade homes. Roffman said it would've been nice to know how many others have pursued sprinklers after the parade of homes. Pumfrey said insurance companies would reap benefits, and Roffman said insurance companies still have loss with sprinklers. Pumfrey said the loss is less from sprinklers, and that sprinklers have 96% effectiveness rate for industry, and 90% of the 4% failure rate is Board of Appeals March 13, 1995 Page 6 the fact that the water was turned off. Roffman said it is a better policy to education and make it voluntary rather than mandating anything. Osvald presented proposed changes to the plumbing and mechanical codes. He said that one of the major changes is that shower and tub-shower combinations should have thermostatic mixing valves or individual control valves of the pressure balance type. He said backflow prevention devices for carbonators currently should be stainless steel check valves with vents. He said the new code will require RPZs for all carbonators. He said the new Uniform Mechanical Code requires that clothes dryers in closets be provided with makeup air. In a number of cases there is not enough make-up air and the dryers don't work properly and cause condensation problems. He said the opening should be 100 square inches. Osvald said that they have seen dryer vents running forty feet, but that dryers can only push air with 2 elbows at most 35 feet. He said the Code limits dryer vents to no more than 14 feet and 2 elbows or the manufacturer's listed standard, Roffman said something we could put in a packet is the information on structural bracing. Boose said that he wouldn't mind doing this, but he doesn't have decent mailing list. Roffman said he can go through the builder's association and get the mailing out. OTHER BUSINESS: There was no other business. ADJOURNMENT: Werderitsch moved and Roffman seconded to adjourn at 10:10 p.m. The motion carried unanimously. Minutes submitted by L. Schweitzer Robert Carl~'3n, Chair MINUTES IOWA CITY BOARD OF APPEALS APRIL 3, 1995 - 4:30 PM LOBBY CONFERENCE ROOM - IOWA CITY CIVIC CENTER MEMBERS PRESENT: Carlson, Staska, Mass, Roffman, Buss MEMBERS ABSENT: Werderitsch, Hagedom STAFF PRESENT: Boose, Rocca, Anderson OTHERS PRESENT: Charles Evans CALL TO ORDER: Chairperson Carlson called the meeting to order at 4:50 p.m, APPROVAL OF THE MINUTES OF THE MARCH 13, 1995, MEETING: Roffman pointed out that some of the conversation between he and Fire Chief Purefray was absent from the minutes as submitted. Roffman requested that the specific exchange where he asked Chief Pumfrey if he was ultimately looking for installation of sprinklers systems in all new construction and Purefray responded affirmatively, be included in the official record. Boose responded that he did recall that conversation and would amend the minutes to include it. Roffman then moved to accept the minutes of the March 13, 1995, Board of Appeals meeting, as amended. Buss seconded and the motion carried unanimously. APPEAL BY CHARLES EVANS FOR A VARIANCE FROM SECTION 14-5E-17K4 OF THE IOWA CITY HOUSING CODE: ~ Boose gave a brief background of how this appeal came before the Board. He explained that Mr. Evans had applied for a rental permit and Housing Inspector Art Anderson had conducted a licensing inspection. Ona of the violations cited was lack of proper ceiling height in a converted attic area which was being used as a habitabra room; specifically a bedroom. Boose distributed copies of minutes of the Housing Appeals Board meeting from May 10, 1979, at which two similar requests for variances of ceiling heights were heard. He pointed out that this Housing Appeals Board denied the variance at 216 East Fairchild where the ceiling height was 6'7" and continued but later granted a variance at 812 East Davenport where the ceiling height was 6'9". In Mr. Evans' case the ceiling height is 6'5". Boose stated further that it was his understanding that at the Davenport property, the insufficient ceiling height was present throughout the entire structure and denying the variance would render the entire house uninhabitable. Buss asked if the room could be used for anything. Boose said it could only be used for storage. Buss asked how high ceilings had to be for a room to be habitable. Board of Appeals April 3, 1995 Page 2 Boose answered 7' in 50% of the room. Buss asked if th6 structure was owner-occupied, could this room be used for any purpose. Boose explained that the housing code does apply to owner-occupied structures as well as rental property, although the City does not perform systematic inspections on owner-occupied dwellings. Mr. Evans said that when he purchased the home for his own use he bought it as a one- bedroom home. When he recently tried to sell it, an appraiser appraised it as a two-bedroom home. Then when he couldn't sell it, he rented it as a two-bedroom home with the attic area as a second bedroom. He assumed that since it was appraised as a two-bedroom home, he could rent it as such, Carlson asked if the ceiling was sloped. Boose said that it was and the 6'5" height is the tallest portion. Art Anderson then drew a sketch of the attic area for the Board which Mr. Evans confirmed as a fair representation. Staska asked how many square feet were involved, Anderson and Evans estimated the room at approximately 10' by 30'. Carlson read the standards for granting a variance from the housing code. Boose pointed to the possibility of an extension of correction of the violation until the end of the current lease, Buss said that she felt that an extension was the most equitable solution, Carlson questioned the applicability of the first two standards for granting a variance if the condition existed prior to the adoption of any building or housing codes. He requested guidance from City legal staff on this issue plus general instruction to the Board to assist them in this new responsibility. Roffman then moved to uphold the citation of the violation but to suspend enforcement until the end of the current one-year lease. Buss seconded the motion. The motion carried unanimously. CONTINUE DISCUSSION OF PROPOSED CODE CHANGES: Boose explained that he had not yet prepared any specific code language but wished to continue discussion so that he could get a sense of direction from the Board members on some of the more controversial items discuaeed at the public meeting of March 13, The additional requirements for framing of wood stud walls and more restrictive fire sprinkler requirements were discussed in general. The Board members agreed that input from a structural engineer would be necessary to design a local amendment to the seemingly overly- restrictive new wall bracing regulations. Boose stated that Jim Jacob, a local structural Board of Appeals April 3, 1995 Page 3 engineer, had previously volunteered to assist the Board and the Building Division in areas such as this. Boose said that he would contact Jim and see if the offer was still good. Rocca requested Board direction in preparation of the Uniform Fire Code amendments, specifically proposed more restrictive sprinkler requirements. Roffman asked if the code is currently being misapplied. Boose responded no, but went on to explain the Fire Department's concern with three floor level buildings which are technically two-story buildings with a basement and therefore not required to be sprinkled. Roffman raised the issue of increased costs with condominiums currently providing an entry level option to new home buyers. Carlson also expressed concern with a local amendment which would require sprinklers in owner-occupied townhouse-style multi-family dwellings. Cost factors, affordable housing issues and vandalism concerns were discussed. OTHER BUSINESS: Boose informed the Board members that City Council had requested a representative from the Board be present at thelr next formal or informal meeting to explain the Board's recommenda- tion regarding the proposed exterior stairway and exit balcony ordinance. Buss and Roffman volunteered to represent the Board in this matter. Boose requested additional Board meetings over the next 2-3 months to keep the code amendment process moving forward in a timely fashion. Meetings were set for April 17, May 1, May 15 and June 1. ADJOURNMENT: Buss moved for adjournment at 6:25 p.m. Roffman seconded the motion and the motion carried unanimously. Minutes submitted by Ron Boose. Approved on By Robert Carlson, Chair MINUTES BOARD OF ADJUSTMENT WEDNESDAY, APRIL 12, 1995- 4:30 P.M. CIVIC CENTER COUNCIL CHAMBERS PRELIMSNARY Subject to Approval MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Bill Haigh, Tim Lehman MEMBERS ABSENT: Rich Vogelzang STAFF: Melody Rockwell, Anne Burnside, Scott Kugler, John Yapp OTHERS: John R. Rummelhart, Jr., Bill Cloven, Jim Anderson, Kevin Hanick, Steve Kohii, Bruce Glasgow CALL TO ORDER Vice Chairperson Eckhardt called the meeting to order at 4:30 P.M. CONSIDERATION OF THE MINUTES OF THE MARCH 8, 1995 MEETING Haigh moved for the approval of the March 8, 1995 minutes. Bender seconded. The motion carried 4-0. SPECIAL EXCEPTION ITEMS EXC93-0019. Public hearing on a request by John R. Rummelhart, Jr. for an extension of a special exception approved on September 8, 1993, permitting off-street parking. for property located in the CB-10 zone at 315 E. College Street. Rockwell said this was the third request to extend the Board of Adjustment decision made on September 8, 1993, to permit no more than 69 underground off-street parking spaces for the 315 E. College Street property. Rockwell noted that in the CB-10 zone, parking is not a permitted use; it can only be permitted by special exception. Rockwell said that local codes and circumstances have not changed since the original exception was granted. Staff recommended approval of the extension request for EXC93-0019 to September 8, 1995. PUBLIC HEARING John R. Rummelhart, Jr., 233 S. Summit Street, said he was positive they could start work on the underground parking this year, and he was sorry for the delay. He said they had resolved the pollution situation with the Iowa Department of Natural Resources, and were nearing agreement with the New Pioneer Co-op grocery store. Board of Adjustment April 12, 1995 Page 2 BOARD DISCUSSION Eckhardt stated and the other Board members agreed that the Board still approved of the project, and hoped a grocery store would be provided downtown. MOTION: Haigh moved that the expiration date for EXC93.0019, a special exception approved by the Board of Adjustment on September 8, 1993, to permit no more than 69 underground, off-street parking spaces in the CB-10 zone for property located at 315 E. College Street, be extended to September 8, 1995. Bender seconded. The motion carried 4-0. EXC95-0007. Public hearing on a request submitted by Enterprise Rent-A-Car- Midwest for special exceptions to establish an auto and truck oriented use, a car rental agency, in the CC-2 zone, and to permit parking on a separate lot for property located at 56 Sturgis Corner Drive. Bender said she had a conflict of interest with this item. She excused herself from the discussion and vote and left the Council Chambers. Rockwell said Enterprise Rent-A-Car requested two special exceptions to enable it to establish a car rental agency at 56 Sturgis Corner Drive. A car rental agency is considered an auto and truck oriented use, which is permitted only by special exception in the Community Commercial (CC-2) zone. Because the parking area designated for the car rental agency is shared with another property, the applicant also requested approval of a special exception to permit parking on a separate lot. Rockwell said the owners of the Sturgis Corner Drive property were required to provide a minimum of 74 parking spaces to serve the 14,996 square foot office facility. However, 77 parking spaces were provided, three more than required for the entire office building. Seven of the 74 required parking spaces were allocated for Suite 56, a 1,5OO square foot office facility. Rockwell said according to City Code, a motor vehicle sales and rentals business is required to provide one parking space for each 500 square feet of floor area. Although Suite 56 has been allocated seven spaces, it is only required to provide three parking spaces for the car rental agency. Technically, it meets the parking requirement. Rockwell said Enterprise Rent-A-Car plans to have about 50 cars in its Iowa City fleet. The City's parking requirements for the car rental agency is based on spaces needed for customers and employees to park, not on spaces needed to store rental cars. Rockwell said it is staff's recommendation that the applicant document to the Board's satisfaction that the number of rental cars stored in the parking area will not exceed seven cars during regular business hours (8 A.M. to 5 P.M.). In a private agreement, the property owners have limited Enterprise to the use of 10 total spaces on its property, seven for the 1,500 square feet of office space, plus the extra three parking spaces provided on the office building property. Rockwell said the Board would need to determine if the seven spaces would be enough to provide needed storage for the 50 car fleet. Board of Adjustment April 12, 1995 Page 3 Rockwell said the other special exception on this item is a request to permit a parking area on two separate lots. Approximately half of the 10-space parking area and access drive located south of the office building are on a separate property; the property boundary line is centered within the parking area and a section of the parking access drive. The shared parking area will likely be used by the car rental agency. Rockwell said staff recommended approval of EXC95-0007, 1) a special exception to establish an auto and truck oriented use, that is, a car rental agency in the CC-2 zone, provided that no more than seven rental cars are stored in parking spaces on the 56 Sturgis Corner Drive property during regular business hours (8 A.M. to 5 P.M.), and 2) a special exception to permit a 10 space shared parking area and associated drive on two separate properties located at 56 Sturgis Corner Drive and the adjacent property to the south, 68 Sturgis Corner Drive. Lehman asked if the parking area for the property to the south had been built. Rockwell said the parking area was already built, but the rest of the property to the south had not yet been developed. Rockwell said the two property owners had an agreement to share the use and maintenance of the parking area. PUBLIC HEARING Bill Cloven, 1905 Daleview Drive, Marion, thanked the Board for taking the time to consider the exceptions for Enterprise Rent-A-Car. He said his company specialized in renting vehicles for people who had been in accidents, or were having their cars worked on. He said it was for this reason they liked to locate near insurance companies and auto repair shops. He said they would not need very many parking spaces, because they keep their cars rented. If they did have a lot of empty vehicles, they could send the cars to lots owned by other Rent-A-Car offices throughout the eastern part of the state. He said the period of time they would have the most unrented vehicles would be from 5 p.m. Friday to 9 a.m. Monday. He said Monday morning was when they did the most business, and they had the ability to stage their vehicles at car repair shops. He said at the Sturgis Corner location, they would be within 5 minutes of most of their Iowa City referrals. Eckhardt asked how many employees would work at this location on Sturgis Drive. Cloven answered three or four. Eckhardt asked how three or four employees could deliver 50 cars. Cloven said the office would not start with 50 cars, they would start with two or three and build up their clientele. As their needs grew, their fleet would grow as well. He said the 50 cars was an estimate as to how big their fleet would get. Jim Anderson, 2633 Hillside Drive, said he is a partner/owner of the office building. He affirmed they had 77 parking spaces as well as an additional five parking spaces to the south. He said they have a permanent easement on the additional parking spaces. He said Harry Wolf, who represents Southgate Development, the property owner to the south, did not have any concerns about parking problems. Anderson said Board of Adjustment April 12, 1995 Page 4 the building to be built to the south would be along Highway 6, and would not cause any parking problems. Eckhardt asked if Anderson knew what other businesses would be going into his building. Anderson answered they had Western Staff services, which required one parking space, and Compuserve, which requires no parking spaces. He said they still have 6,000 square feet of floor area to the west that is unrented. BOARD DISCUSSION MOTION: Lehman moved to approve EXC95-0007, 1) a special exception to establish an auto and truck oriented use, that is, a car rental agency in the CC-2 zone, provided that no more than seven rental cars are stored in parking spaces on the 56 Sturgis Corner Drive property during regular business hours (8 a.m. to 5 p.m.), and 2) a special exception to permit a 10 space shared parking area and associated drive on two separate properties located at 56 Sturgis Corner Drive and the ~,djacent property to the south, 66 Sturgis Corner Drive. Haigh seconded. Haigh said he had concerns about how a 50 car fleet would only use seven to ten parking spaces. He felt, however, if there was a problem, it would affect the other people in the office building, who all seem to agree to Enterprise coming in. He said this did seem like a good business for that part of town. Lehman said that He had the same concerns about a 50 car fleet using only seven spaces, but the owners of the office building would be there to monitor the situation. Eckhardt said this exception seemed to be reasonable. The motion carried 3-0-1, with Bender abstaining. EXC95-0008. Public hearing on a request submitted by Neighborhood Centers of Johnson County for a special exception to permit establishment of a neighborhood center in an RM-12 zone for property located at 2651 Roberts Road. Rockwell said that Neighborhood Centers of Johnson County proposed to construct a two-story neighborhood center on approximately one acre of leased property at 2651 Roberts Road. The three bedroom apartment that housed the Pheasant Ridge Neighborhood Center for the past two decades is no longer an adequate facility to accommodate the expanding program and services. A neighborhood center can only be established by special exception in the Low Density Multi-Family Residential (RM- 12) zone. Rockwell said the new Pheasant Ridge facility will meet the zoning definition of a neighborhood center. It is designed to provide an expanded level of services, including daycare, after school care, and would be ideally situated in the center of a multi-family residential neighborhood. Rockwell said when a neighborhood center is established in the RM-12 zone, it must meet the zoning requirements of the RM-12 zone, and Board of Adjustment April 12, 1995 Page 5 additional regulations for neighborhood centers set forth in Section 14-6L-1M. If childcare is to be provided, additional regulations for child care facilities contained in Section 14-6L-1D must also be met. The additional regulations in Section 14-6L-1 M include: 1) having access to an arterial or a collector street, 2) meeting additional regulations for child care, 3) limiting the hours of operation from 7 a.m. to 10 p.m., and 4) providing screening between any parking areas abutting residential uses which require four or fewer parking spaces, Rockwell said access for the neighborhood center is to Roberts Road, which is not an arterial or collector street. The City Council is considering an amendment to eliminate this access restriction. Rockwell said access on Roberts Road is better in this case than access to Bartelt Road, because of the topography and the way the streets intersect in that area. She said it is anticipated that Council will repeal the access restriction on April 25, 1995. Rockwell said the Pheasant Ridge Neighborhood Center, as proposed, will meet the child care regulations set forth in Section 14-6L-1D, including providing a fenced outdoor play area on the north side of the building that is well drained, free from hazards and readily accessible to the building. No play equipment is proposed to be located in the required front or side yard setback areas. The center will be required to meet all State requirements for a child care facility, including at least 35 feet of accessible, usable interior floor space per child. Rockwell said staff recommends the approval of FXC95-0008, a request for a special exception to establish the Pheasant Ridge Neighborhood Center on property located in the RM-12 zone at 2651 Roberts Road, subject to the City Council repealing Zoning Chapter Section 14-6L-1M1, the access restriction for neighborhood centers. Eckhardt asked if it was likely the Council would repeal the requirement for neighborhood centers to access collector or arterial streets. Rockwell said it was likely, although it could not be guaranteed. Rockwell further said when the access requirement for neighborhood centers was considered by the Planning and Zoning Commission, it unanimously recommended repeal of the access restriction. PUBLIC HEARING Kevin Hanick 1830 Friendship Drive, said he is a member of the Planning Committee for Neighborhood Centers of Johnson County. He said the Neighborhood Centers of Johnson County does very good, very important work for the community and was the highest rated United Way agency last year. He said the proposed center would provide an important expansion of services in this community. Construction of the center is supported by CDBG grants and private fundraising, and they are completing their financial arrangements. He said the land will be leased for $1 a year for 99 years from Metroplex Inc., the owners of Pheasant Ridge Apartments. So, this lease is more or less a permanent arrangement, He said the Pheasant Ridge Neighborhood Center design is very attractive. It was designed by architect Thomas Cowan, who is in attendance. Board of Adjustment April 12, 1995 Page 6 BOARD DISCUSSION MOTION.: Bender moved to approved EXC95-0008, a request for a special exception to establish the Pheasant Ridge Neighborhood Center on property located in the RM-12 zone at 2651 Roberts Road, subject to the City Council repealing Zoning Chapter Section 14-6L-1M1, the access restriction for neighborhood centers, Haigh seconded. Bender said the proposed center would provide a needed service in the community that would increase the value of the neighborhood. She said her only concern was the access restriction, which sounded like it would be repealed by the City Council. She said she has been in other Neighborhood Center facilities, and felt they did very good work. Lehman said he thought this was a good cause, and agreed the neighborhood center would be a valuable addition to this community. Haigh and Eckhardt agreed this would be a valuable facility, and Eckhardt said she wished there could be a neighborhood center in every neighborhood. The Motion carried 4-0. EXC95-0009. Public hearing on a request by Steve Kohli for special exceptions to permit a school of specialized private instruction, a dance studio, to be established in the CN-1 zone and to permit dwelling units above the ground floor of another principal use permitted in the CN-1 zone for property located at 313 Scott Court. Kugler said this was a request for a special exception to allow the construction of a building housing a dance studio and three second floor, two bedroom apartments on property located within the CN-1 zone at 313 Scott Court. The operation would also include a retail shop selling dance wear that would be an accessory use to the dance studio. The CN-1 zone allows schools of specialized private instruction and dwellings located above the ground floor of another permitted principal use only by special exception. Kugler said the proposed dance studio was likely to draw clientele from a larger area than the immediate neighborhood, however it would be relatively nuisance free to the surrounding neighborhood. The proposed residential use for the second floor would be in keeping with the residential use of the surrounding neighborhood. Kugler said although there are no specific standards for schools of specialized instruction in the CN-1 zone, the zone requires a minimum lot area of 1,800 square feet per dwelling unit. As proposed, there would be 7,050 square feet of lot per dwelling unit, well above the minimum requirement. Kugler said the only property that would be directly impacted by the proposed use would be the residential development located to the west of the site. The rear 47.5 feet of the site is occupied by a storm water management and utility easement, which ,0 Board of Adjustment April12,1995 Page 7 would act as a buffer between the commercial and residential areas, Screening is also required between the commercial and residential areas, Kugler said it is staff's opinion that the proposed use is relatively nuisance free and would not have a negative impact on the adjacent residential uses, Kugler said staff was concerned about the incremental development of uses which do not primarily serve the surrounding neighborhood. Over time, allowing these uses can preclude the development of legitimate neighborhood services, such as grocery stores, video stores, gas stations, etc. Kugler said this will have to be taken into consideration for future requests for similar uses within this CN-1 zone. Kugler said the site plan indicates that sidewalks will be constructed along Scott Court and leading to the entrance of the structure from Scott Court, which will help integrate this site into the rest of the CN-1 zone as it develops. The City's Comprehensive Plan and the design provisions of the CN-1 zone emphasize the importance of pedestrian access to and circulation within the Neighborhood Commercial zone. Kugler said staff strongly recommends, as a condition of approval, that the applicant be required to construct all sidewalks as shown on the revised site plan filed on April 6, 1995. Kugler said staff had some concerns about the parking requirements. The minimum parking requirement for a school for specialized instruction is two spaces per classroom. This standard would result in only two spaces being provided for the entire 2,400 foot classroom. He said a more appropriate way to require parking spaces would be to consider the structure's potential conversion to a retail use. City Council is currently considering an amendment to reduce the parking requirements by one-third for most uses within the CN-1 zone. This requirement would be one space per 300 square feet for retail uses. Applying this standard to the proposed structure would result in 16 parking spaces being required. The revised site plan indicates that 17 spaces will be provided. Kugler said staff recommends the approval of EXC95-O009, a request for a special exception to allow the construction of a school of specialized private instruction and dwelling units located above the ground floor in the CN-1 zone at 313 Scott Court, subject to the installation of all sidewalks and walkways as shown on the revised site plan stamp-dated April 6, 1995, prior to a Certificate of Occupancy being issued. Eckhardt asked what zones allow a school of special instruction without a special exception. Rockwell answered that schools are only permitted by special exception in the zones where they are permitted at all. Rockwell further said that schools of specialized private instruction are allowed in the RM-12 zone, the RO zone and the commercial zones. They are only permitted in these zones by special exception. Lehman asked about the criteria being used for the parking requirement. Kugler said the parking requirement for a school of specialized private instruction was only two spaces per classroom, which would result in only two spaces being required since the school had only one classroom. Thus, staff felt the best way to require parking was to consider the parking requirement for a retail use, since it was possible the building would be converted to a retail use in the future. Lehman asked if the City was allowed ,O Board of Adjustment April 12, 1995 Page 8 to place restrictions on the privately owned Scott Court, such as requiring sidewalks. Kugler answered that the CN-1 zone regulations contain specific language about providing for pedestrian connections between the CN-1 zone and the residential area, as well as providing connections between uses within the CN-1 zone. He said the applicant submitted a site plan which included sidewalks, and staff felt there needed to be a condition in the special exception to ensure that the sidewalks would be installed. PUBLIC HEARING Steve Kohli 3129 North Dubuque Street, said they could not put their dance studio anywhere without a special exception. He said the studio would teach ballet, tap and jazz to three year olds on up. There would be a limited number of students per class, about fifteen at the most. He said all of their teachers have a degree in dance. He said he asked his staff how many parking spaces they needed, and they said about twelve. The City said they wanted sixteen, and the site plan contains seventeen. He said their studio in Coralville was very similar to what this one will be, and that a lot of students come from the proposed area. He said the dance school calendar matches the public school calendar. He needed a yes or a no on the special exception, because a postponed decision would in reality be a no. Due to the construction window, they needed to begin very soon. Bruce Glasqow, 834 North Johnson, said he was very much in favor of Steve Kohli's building. He said he came to represent the Scott Court Owner's Association, which is a nonprofit association. The association has taken 22 1/2 feet in front of every lot, making up the 4-5 foot street corridor. The purpose of the association is to design, approve, own, and ensure all construction activities within the 45 foot right-of-way. The association will have twelve members, as there are twelve lots. Each member has a vote. The duties of the association are to maintain the right-of-way, construct signs, construct sidewalks, approve and/or plant trees, install the street lighting, maintain the sidewalks, do the snow removal, the landscaping, etc. The association will carry all the liability insurance on all the improvements. He said currently the association is working on street lighting, and is trying to get a walkway designed from Scott Boulevard to Scott Court, and divert some pedestrian traffic into the Scott Court CN-1 zone. Glasgow said at the end of Scott Court was a hammerhead, and they are asking the City to change the hammerhead to a cul-de-sac circle, so that people could turn around without having to back up, change gears, and so forth just to turn around. He said he is asking the Board of Adjustment to refrain from ordering a sidewalk anywhere in the Scott Court area, and to let the merchants themselves decide where they want their walkways. He worried that the sidewalk would be on a private drive, and the City would be picking up some liability that they don't need. He said the Scott Court association should be able to decide where they want the sidewalks, and how they are going to be developed. Board of Adjustment April 12, 199§ Page 9 BOARD DISCUSSION Eckhardt asked how the City regulated sidewalks on private streets. Rockwell said that the Comprehensive Plan and the Zoning Ordinance stressed the need for pedestrian sidewalks, and the Board of Adjustment did have the right to place conditions on any special exception, such as the condition to provide sidewalks. Burnside said an additional consideration was the property is located in a CN-1 zone, and there is a requirement in the Code that a site plan be submitted and approved. In addition, the site plan needs to show that pedestrian access is accommodated. Haigh said he had a problem if the City required a sidewalk that would not connect to anything. The lots on either side of this proposed building are empty, so the sidewalk would not connect, Burnside said that under the Comprehensive Plan, the CN-1 zone should be developed to accommodate pedestrians, She said although the sidewalk might not have connections right now, it would as the area was developed. Bender asked if the City would actually incur liability on a sidewalk along a private drive. Burnside said the City is liable for public sidewalks, no matter where they are. Bender said she thought the City would be even more liable if it did not provide sidewalks, especially since sidewalks are called for in the Comprehensive Plan. Lehman asked if the City would ever take over this private drive. Burnside said that the City would probably not take over this private drive. Lehman asked if the sidewalks would be right next to the street. Kugler said according to the site plan, there would be about four feet between the sidewalk and the street pavement. MOTION: Lehman moved to approve EXC95-0009, a request for a special exception to allow the construction of a school of specialized private instruction and dwelling units located above the ground floor in the CN-1 zone at 313 Scott Court, subject to installation of all sidewalks and walkways as shown on the revised site plan stamp- dated April 6, 1995, prior to a Certificate of Occupancy being issued. Haigh seconded. Eckhardt said she thought it was a good idea that the sidewalks go in at the present time. She said she had a philosophical problem with this dance studio, because it was going in a neighborhood zone, and it is not necessarily a neighborhood business. She said you cannot control where the people using the studio would come from. Thus, there would be increased traffic in the neighborhood because of this dance studio. She said she does not see this specific site being a problem, but that there was a problem with allowing these zones to be used for non-neighborhood businesses, or businesses that do not serve the neighborhood per se. Haigh said he had no problem with this business. He said he was not sure the parking would be adequate, but with shared parking in the area, it should not be a problem. He agreed the sidewalks should be put in now, as the building is built. Lehman said he also thought the sidewalks should go in now. Board of Adjustment April 12, 1995 Page 10 Bender thought this facility would be a good idea, especially for people living nearby. She did not think the studio would be a nuisance, or harm the area in any way. She agreed requiring the sidewalk would be appropriate at this time. The motion carried 4-0. BOARD OF ADJUSTMENT INFORMATION Rockwell said Eckhardt had received a call at home lobbying her about a special exception, Eckhardt had told the person she was not allowed to discuss the case outside of the Board meeting, Rockwell encouraged the Board to advise people to submit written comments or make a presentation at the Board meeting so that the Board members are making decisions based on the same information, Rockwell commended Eckhardt for not discussing the case with the person who called her, ADJOURNMENT Haigh moved and Bender seconded the motion to adjourn the meeting at 6:26 p.m. The meeting was adjourned with a vote of 4-0. Minutes submitted by John Yapp Patricia A. Eckhardt, Vice Chair o Melo y Roc wel ecretary IOWA CITY BOARD OF ADJUSTMENT COMMISSION MEEI~NG WED~Ay, APRI~ 12, 1995.4:30 P.M. CMC CEN'IER COUNCIL CHAMBERS SIGN IN SHEET Address I0. I1. 12. 13. 14. 15. 16. 1Z 18. 19.