Loading...
HomeMy WebLinkAbout1995-08-15 Bd Comm minutesMINUTES RIVERFRONT AND NATURAL AREAS COMMISSION WEDNESDAY, JUNE 21, 1995 - 5:30 P.M. CIVIC CENTER - LOBBY CONFERENCE ROOM MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Sue Chase, Cortney Daniels, Richard Hoppin, Lea K~ehl, Jessica Neary, Don Otto,.Catherine Pugh, Jim Pugh, Larry Wilson Nancy English, John Pelton Denney, Haring Terry Dahms, F.I,R.S.T.; Casey Cook, F.I.R.S.T.; Dee Vanderhoef, Parks and Recreation Commission. CALL TO ORDER, INTRODUCTIONS, AND ANNOUNCEMENTS: Chairperson Kuehl called the meeting to order at 5;35 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CONSIDERATION OF THE MINUTES FROM THE APRIL 19, 1995 AND MAY 17, 1995< MEETINGS: MOTION: Otto moved to approve the minutes of the April 19, 1995, meeting of the Riverfront and Natural Areas Commission, as written. J. Pugh seconded. The motion carried on a vote of 6-0, with Wilson, Daniels and Chase absent. (Wilson arrived at 5:37 p.m.) MOTION: J, Pugh moved to approve the minutes of the May 17, 1995, meeting of the Riverfront and Natural Areas Commission, as written. Otto seconded. The motion carried on a vote of 7-0, with Daniels and Chase absent. (Daniels and Chase arrived at 5:42 and 5:45 p,m., respectively) PRESENTATION BY F.I.R.S.T. ON THEIR INTER-URBAN GREENWAY CONCEPT PLAN: Casey Cook and Terry Dahms, representatives of the Friends of the Iowa River Scenic Trail (FIRST), were present to update the Commission on their Inter-Urban Greenway Concept Plan. Cook said from a transportation aspect, one of the primary things this trail is to accomplish is to relieve some of the traffic stress on Melrose Avenue. Secondly, to provide a safe corridor from Coralville to West High School. And lastly, provide a connection from the Willow Creek area that would create a loop system. From a recreational standpoint, Cook said much of the impetus to this project has been attempting to provide a connection to Camp Cardinal, which is likely to become a park, and the Shive wetlands area owned by Coralville. Riverfront & Natural.Areas Commission June 21,1995 Page 2 Regarding where information has been attained, Cook said the City of Coralville has been very helpful in this project to date and is lending all available assistance. Marie Ware, Director of the Coralville Parks and Recreation Department, has assisted in lending advice and gathering information. Cook said additional information was attained from a meeting between Laura Hawks of Landmark Development, Charlie Denney, and a representative from the University of Iowa, Larry Wilson. The plan has also been submitted to the Iowa City Parks and Recreation Commission for comment. In addition, Cook said Dahms will present the plan to Johnson County Council of Governments Regional Trails and Bicycling Committee to seek support. Then, Cook said FIRST intends to go before the City Council on July 17, 1995, to seek support. Cook asked, that if questions and concerns of the Commission can be answered tonight, FIRST would like to receive a letter of support from the Commission. If all goes well at the Council level, Cook said they intend to ask for staff time to devote to negotiations with the Railroad, funds for the necessary engineering, and staff time to put together the necessary grant requests, such as ISTEA funding. Cook reviewed a probable route of the trail, unless difficulties are encountered, in particular, with the Railroad. Cook said the trail is to connect parts of Coralville, the University, Iowa City, etc., and getting these parties, as well as all of the private interests in between to agree on a plan will be a major accomplishment. Dahms said he feels FIRST has served as a useful facilitator between these parties. Regarding the portion of the trail which will run adjacent to the environmentally sensitive area to the west of Hawkeye Court Apartments and near Clear Creek, Neary asked that an Environmental Specialist or Ecologist be involved in the route planning process, so that environmental features such as wetlands, eroding slopes and several pairs of nesting owls are not negatively impacted. Denney said the City of Coralville has expressed an interest in preserving, and even enhancing, some of these sensitive areas, as well as other areas along the route. Neary also wanted the Engineers to keep in mind that a creek is a dynamic body, and should a trail be run on the outer edge of a creek bend, dop't run the trail too close that it may eventually fall into the creek. Otto wished to know whether the project is intended to solve known transportation deficiencies or rather is taking a build it and they will come approach. Cook said he doesn't know whether there is a definitive answer to that question, because, yes there are defined transportation deficiencies and difficulties, in particular between the West High School/Melrose Avenue area, and, Coralville. On the other hand, there is the hope that the availability of the trail will allow people to consider alternative modes of transportation that are provided in a safer environment. Wilson and Denney made further comments in support of the comments made by Cook. Dabres added that a safe route between various school sites is a major benefit of the trail. Dee Vanderhoef, Chair of the Parks and Recreation Commis- sion, added that aspects of the Neighborhood Open Space Plan, including the pursuit of an inter-city trail system that would link up to the main arterials of the trail system. Riverfront & Natural Areas Commission June 21, 1995 Page 3 Hoppin asked FIRST to consider markings on the trail which separate the heavy, fast traffic from the slower, pedestrian type of traffic. Hoppin noted an instance of a Boulder, Colorado trail where residents have actually reverted back to street riding or automobiles, because the trails are no longer safe with all the competing users. Kuehl said he will be happy to draft a letter of support for FIRST. Daniels volunteered to assist Kuehl. The Commission agreed. DISCUSSION OF ANNUAL REPORT: Denney described the intent, content, use, etc., of the Annual Report. Denney said he will draft the Commission's report and present it at the July meeting. The Commission agreed to have Denney proceed. RIVER CORRIDOR TRAIL UPDATES: -IMU Bridae to Iowa Avenue. Denney said he had talked with City Engineer, Rick Fosse, this afternoon. The City has decided to bore through the Railway embankment, rather than build the bridge around. Denney said it is the opinion of Fosse and others that although the bore through will be slightly more expensive in the short run, this will ultimately be the more cost effective route. The project will likely be bid for construction in September, with completion of the trial by next spring. Burlington Street to Hiahwa¥ 6. Denhey said the plans are still being modified and are not yet available. The Commission asked to review the plans at the next meeting if possible. Hiclhwav 6 to Napolean Park. Denhey said he is somewhat confused as he had received two separate letters from the Iowa Department of Transportation which describe why Transportation Enhancement funding for this portion of the trail was not approved. One letter said the project was not deemed to be of State-wide signifi- cance, and the other said the submitted application was incomplete because it lacked a cross-section. Denney, however, said the submitted application had included a cross-section. Denney noted that the Iowa Department of Transportation will be attending the July 11, 1995, meeting of the Regional Trails and Bicycling Committee. Ned Ashton Park. Otto said it appears that University Artist who was working on the sculpture support has evaporated. Otto feels that one reason support for the project is dwindling is due to the fact that despite the rapid enthusiasm in the early stages of the project, a core of leadership never developed. Otto feels that the plans should be scaled back, but continue, perhaps consisting of a trail and park benches for starters. Chase said she can provide a list of alternate Artists, some which may pick up work on the sculptures. Daniels suggested seeking design or other assistance from the CEC School students, as a fine job was done on the Poppajohn construction walls. It was also suggested FIRST be contacted for opinion and support, due to tie in to area trail Rivedfont & Natural Areas Commission June 21,1995 Page 4 projects. Wilson said a real difficulty in this project has been identifying sculpture concept plans which all parties can agree upon. Wilson said once agreement was in sight, support fell apart. Dennay noted that bricks from old city streets that are stored at the City dump may be useful in some aspect of this project. Neary suggested a phased plan that entails the necessary cost commitment. Neary volunteered to help coordinate this plan with Otto. Otto said this time around he would like to see a reasonable amount of publicity on the project, if only to thank those who contributed. UPDATE ON DEVELOPMENT ITEMS: Dennay reviewed the status of several development items. Dennay noted that the back half of the property involved in the Dubuque Road application, consists of rather steep ravines and significant tree coverage. Staff is working with the applicants, and has made some progress, in seeking development that would impact these areas as little as possible. Dennay also noted that the Galway Hills final plat had included a tree protection plan that is being reviewed by the City Forester. COMMITTEE REPORTS: Waterways. Kueh] noted memorandums regarding Iowa River Safety Improvements, from Stephen Atkins, City Manager, dated June 1, 1995, and Jim Pugh, Vice- Chairperson of the Riverfront and Natural Areas Commission, dated June 1, 1995, included in the member packets. Kuehl said one result of the May 25, 1995, Interagency meeting, is that additional emphasis has been placed on protection from the downstream side of the dam, as well. A follow-up meeting has not been scheduled until alternatives for the downstream side are submitted. Regarding the cost of the average rescue effort, Kuehl said the County Sheriff, Bob Carpenter said the last rescue involved 5,000 man hours, although much of this was volunteer effort. On another note, Denney said the Commission had received a site plan application for the Sturgis Ferry corner property located at Highway 6 and the Iowa River. Dennay said he would like to have a Waterways Sub-Committee meet on Friday, June 23, 1995, at noon. Dennay noted the entire Commission also has the option to consider this item. Wilson, Kuehl, Neary, Chase and Daniels said they can likely attend on Friday. 2. Wetlands. There was none. Riverfront & Natural Areas Commission June 21,1995 Page 5 Woodlands. Dennay said that on August 27, 1995, approximately 200 Fraternity members will be available for community service projects within Iowa City. The Commission felt this would be a good opportunity to clean up the west riverbank, between Iowa Avenue and Burlington Street. The Commission asked staff to check into the availability of parking south. of the Hydraulics Laboratory, or alternative parking/transportation. 4. Trails & Access, RTBC. There was none. Sensitive Areas Committee. Hoppin said the draft ordinance now consists of 20 pages, but feels the information is very concise. On July 11, 1995, the Committee will meet to finalize revisions that have been made primarily by City Staff. The Plan will then be distributed to concerned groups, i.e., the Home Builders Association, environmental groups, neighborhood associations, etc., for comments. The Riverfront and Natural Areas Commission will consider the draft at its July 19, 1995, meeting. Hoppin said the Committee will meet again on Tuesday, July 25, 1995, to review comments. Hoppin noted that a joint work session consisting of the Riverfront and Natural Areas Commission, and, the Planning and Zoning Commission, has been tentatively scheduled for August 7, 1995, and a formal meeting has been tentatively scheduled for August 21, 1995. Hoppin said the plan is to get the Ordinance before the City Council on September 1, 1995. COMMISSIONERS' REPORTS: MOTION: Otto moved to continue holding meetings of the Commission in the Civic Canter, Lobby Conference Room. Daniels seconded. The motion carried on a vote of 9-0. FIRST REPORT: See the first agenda item. ADJOURNMENT: MOTION: J. Pugh moved to adjourn the meeting at 7:05 P.M. Otto seconded. The motion carried on a vote of 9.0. Minutes submitted by Jeff Haring. MINUTES IOWA CiTY CIVIL SERVICE COMMISSION CiViC CENTER, LOBBY CONFERENCE ROOM JULY 27, 1995 MEMBERS PRESENT: Lyra Dickerson, Sue Dulek, Michael Kennedy STAFF PRESENT: Sylvia Mejia, Machele Wiebel, Dale Helling, R.J. Winkelhake GUESTS PRESENT: None RECOMMENDATIONS TO CITY COUNCIL: Commissioners recommended that Council approve the certified list for the position of Police Officer. RECOMMENDATIONS TO CITY MANAGER AND STAFF: None SUMMARY OF RELEVANT DISCUSSION: Chairperson Kennedy called the meeting to order at 8:35 AM. Mejia presented a summary of the hiring process, indicating that 242 applications had been received with 170 applicants taking the written test. The top 63 applicants progressed to the physical agility test with 7 individuals failing the test and 16 "no-shows". 40 people were scheduled for interviews, 38 were interviewed, 1 withdrew and there was I "no-show". The interview team consisted of Sergeant Wyss, Lieutenant Sellers, Assistant City Manager Dale Helling and Personnel Administrator Sylvia Mejia. Mejia complimented the police command staff for their assistance and indicated that the process went smoothly. Mejia explained that due to time constraints, background checks have not been completed for individuals for the reserve list. It is hoped that the reserve list will be completed by the end of August. Mejia presented a summary of the educational and experience background of the individuals on the certified list. The certified list was presented in rank order as follows: Denise Shaffer Paul Batcheller Ron Gist Donald Steve Michael Delaney Anthony Moody Jennifer Brown David Gonzalez William Bishel Darin Zacharias Mejia stated that 7 will be hired from the list immediately. Kennedy moved and Dickerson seconded the motion to certify the list of police officer applicants in rank Order as presented. The motion carried unanimously (Kennedy, Dulek, Dickerson - aye). Kennedy moved and Dickerson seconded the motion that the meeting adjourn. Motion passed unanimously (Kennedy, Dulek, Dickerson - aye). Meeting adjourned at 9:00 AM. MINUTES PARKS AND RECREATION COMMISSION JULY 12, 1995 MEMBERS PRESENT: John Beasley, Jana Egeland, Liddell, Bruce Maurer, Vanderhoef Judith Klink, Deb Rex Pruess, Dee MEMBERS ABSENT: Matt Pacha, John Pelton STAFF PRESENT: Howell, Kriz, Moran, Trueblood GUESTS: Susan Horowitz, Naomi Novick, Karen Kubby FORMAL ACTION TAKEN: P&R FOUNDATION REPORT: With respect to the June 14, 1995 minutes, the following corrections were made: Walden Woods discussion on page 2, line 9 -"Trueblood stated at the em~ north end of the property..."; Covington Condominiums discussion on page 4, line 2 - "Pruess, on behalf of the commission, stated the commission would not accept this parcel, noting the..." Moved by Egeland, Seconded by Liddell. to a~prove the minutes of the June 14, 1995 meeting as amended. Unanimous. Beasley asked staff to obtain an update from Neumann-Monson on the recreation space expansion project. COMMISSION TIME: Vanderhoef noted a City Council member indicated there were many overgrown, low-hanging trees which needed to be trimmed. Trueblood asked if any specific locations were given, with Vanderhoef indicating there were not. Staff will follow-up on this matter. Vanderhoef reported commission members will be receiving a draft of the Objectives and Strategies by Neighborhood Open Space District which has been completed by the Neighborhood Open Space Action Committee. Each member is to review it and come prepared to the August meeting to discuss same. ADJOURNMENT: Trueblood stated Camp Cardinal was left off the tour schedule due to the inability of a bus to negotiate the road. If the commission would like, a special time in the future could be set to take a tour of this area using a van. Horowitz noted Tower Court Park was included on the tour and asked if this included the Melrose Lake area. She stated in the near future the City Council will be discussing this area with the University Heights City Council and will be looking to the commission for their input. Moved by Liddell. seconded by Egeland, to adjour]l. The meeting adjourned at 4:20 p.m., with six members of the commission and three council members departing for the annual tour of park facilities. MINUTES IOWa CITY BOARD OF ADJUSTMENT WEDNESDAY, JULY 1 2, 1995 o 4:30 P.M, CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: Susan Bender, Patricia Eckhardt, Bill Haigh, Tim Lehman, Rich Vogelzang MEMBERS ABSENT: None STAFF PRESENT: Melody Rockwell, Anne Burnside, Jeff Haring CALL TO ORDER: Chairperson Eckhardt called the meeting to order at 4:32 p.m. ROLL CALL: All members were present. CONSIDERATION OF THE JUNE 14, 1995, MINUTES: MOTION: Haigh moved to approve tha minutes of the June 14, 1995, meeting of the Board of Adjustment, as printed. Bender seconded. The motion carried on a vote of 5-0. SPECIAL EXCEPTION ITEMS: EXC95-0011. Public hearing on reconsideration of an amended request by the Church of Jesus Christ of Latter-Day Saints for special exceptions 1) to establish a religious institution, 2) to modify the off-street parking requirements, and 3) modify yard requirements for property located in the RS-5 zone at 503 Melrose Avenue. Rockwell said this item was requested for reconsideration before the five-member Board. Amendments to the request have been submitted, which include a special exception to reduce the required amount of off-street parking from 20 spaces to 15 spaces. This request should be considered in addition to the original requests to establish a religious institution, and to permit front and side yard modifications. A second amendment is that the Church has withdrawn its request for approval of congregational worship. And third, the Church has submitted a revised site plan for the parking area. The access drive in this site plan is placed closer to Melrose Avenue. Rockwell indicated that staff had made some changes in the recommended conditions of approval based on the submitted amendments. As a consequence of the access drive being relocated closer to Melrose Avenue, the portion of Lucon Drive to be widened is now only 80 feet in length, rather than approximately the entire depth of the property. Staff also recommends that two signs be located near the access driveway, one to indicate the entrance to the religious institute parking area, and the other to notify drivers that Lucon Drive is a private drive and not a thoroughfare. Staff also recommends that the parking area be constructed consistent with the design in Board of Adjustment July 12, 1995 Page 2 Site Plan C. This design minimizes the amount of headlight glare directed to the south, locates the parking farther from the south property line, allows for a more in-depth landscape buffer between the parking area and the residential property to the south, and minimizes the potential damage to the significant 44" diameter Linden tree. Staff feels the reduced amount of parking area and the reduced area of widening on Lucon Drive combined with the conditions of approval will buffer the impact of the proposed use on neighboring properties. The nature of the applicant's use of the property as a religious study center will provide an acceptable transition between the intensity of development along Melrose Avenue and the residential properties to the south, and is compatible with the intent of the RS-5 zone, Rockwell said concerning the established setbacks and the exception requested for this, staff feels the impact of granting the requested yard modifications will be minimal, both in quantitative and qualitative terms. The intensity of the applicant's intended use of the property will be located primarily within the parking area on the east portion of the property where there are sufficient setbacks. The historic Pratt- Soper House will not be altered as a result of the yard modifications. Staff views the requested yard modifications as reasonable. In regard to the requested par~ing modifications, Rockwell said the specific request is to reduce the parking required for two institute classrooms from 20 parking spaces to 15 parking spaces. The Board may grant a special exception to allow not more than a 50% reduction in the required number of parking spaces where it can be demonstrat- ed that a specific use has such characteristics that the number of parking spaces is too restrictive. The applicant is requesting a 25% reduction in the parking requirement. Rockwell pointed out that one of the reasons this site was selected for the religious study center was its proximity to the University, and thus to the students expected to use the facility. A number of Institute members live on campus. Members of the Institute who reside, work and/or attend classes on campus can be expected to access the facility either by walking, bicycling or utilizing the Cambus system. Daily parking arrangements do not depend on the use of the Institute parking area. Additionally the applicant has indicated a policy will be established to limit the number of vehicles accessing the parking area. Rockwell said in evaluating the request, staff felt the intended use differs from the standard retail or office use which has little control over how many customers may park within its parking area at any given time. The membership of the Institute will be a relatively small number of people who know one another and can readily monitor the use of the parking area and form cooperative transportation arrangements. In staff's view, the applicant has demonstrated that 15 parking spaces will be sufficient to serve the demand generated. The reduction in the number of required parking spaces will also reduce the level of vehicular traffic and will enhance the level of compatibility of the proposed use with neighboring property owners. Rockwell said staff recommends that EXC95-0011, a request submitted by the Church of Jesus Christ of Latter-Day Saints to establish a religious study center, modify the front yard and west side yard requirements for a religious institution use, and reduce Board of Adjustment July 12, 1995 Page 2 Site Plan C. This design minimizes the amount of headlight glare directed to the south, locates the parking farther from the south property line, allows for a more in-depth landscape buffer between the parking area and the residential property to the south, and minimizes the. potential damage to the significant 44" diameter Linden tree. Staff feels the reduced amount of parking area and the reduced area of widening on Lucon Drive combined with the conditions of approval will buffer the impact of the proposed use on neighboring properties. The nature of the applicant's use of the property as a religious study center will provide an acceptable transition between the intensity of development along Melrose Avenue and the residential properties to the south, and is compatible with the intent of the RS-5 zone. Rockwell said concerning the established setbacks and the exception requested for this, staff feels the impact of granting the requested yard modifications will be minimal, both in quantitative and qualitative terms. The intensity of the applicant's intended use of the property will be located primarily within the parking area on the east portion of the property where there are sufficient setbacks. The historic Pratt- Soper House will not be altered as a result of the yard modifications. Staff views the requested yard modifications as reasonable. In regard to the requested parl~ing modifications, Rockwell said the specific request is to reduce the parking required for two institute classrooms from 20 parking spaces to 15 parking spaces. The Board may grant a special exception to allow not more than a 50% reduction in the required number of parking spaces where it can be demonstrat- ed that a specific use has such characteristics that the number of parking spaces is too restrictive. The applicant is requesting a 25% reduction in the parking requirement. Rockwell pointed out that one of the reasons this site was selected for the religious study center was its proximity to the University, and thus to the students expected to use the facility. A number of Institute members live on campus. Members of the Institute who reside, work and/or attend classes on campus can be expected to access the facility either by walking, bicycling or utilizing the Cambus system. Daily parking arrangements do not depend on the use of the Institute parking area. Additionally the applicant has indicated a policy will be established to limit the number of vehicles accessing the parking area. Rockwell said in evaluating the request, staff felt the intended use differs from the standard retail or office use which has little control over how many customers may park within its parking area at any given time. The membership of the Institute will be a relatively small number of people who know one another and can readily monitor the use of the parking area and form cooperative transportation arrangements. In staff's view, the applicant has demonstrated that 15 parking spaces will be sufficient to serve the demand generated. The reduction in the number of required parking spaces will also reduce the level of vehicular traffic and will enhance the level of compatibility of the proposed use with neighboring property owners. Rockwell said staff recommends that EXC95-OO 11, a request submitted by the Church of Jesus Christ of Latter-Day Saints to establish a religious study center, modify the front yard and west side yard requirements for a religious institution use, and reduce Board of Adjustment July 12, 1995 Page 3 the off-street parking requirement for two classrooms from 20 spaces to 15 spaces for property located in the RS-5 zone at 503 Melrose Avenue, be approved subject to the following conditions: 1) the historic structure will be retained on the site and any exterior changes to the existing residential structure that require a regulated permit must receive prior approval from the Iowa City Historic Preservation Commission, 2) the applicant will upgrade and widen the Lucon Drive pavement to 24 feet at its intersection with Melrose Avenue; the width of.the pavement will narrow to 22 feet for the remainder of the drive through to the south edge of the parking area access drive and then taper into the existing pavement of Lucon Drive, 3) the applicant will install two directional signs approved by City staff to indicate the entrance to the religious study center and to notify drivers that Lucon Drive is a private, non-through street, 4[) the applicant will submit a landscaping and screening plan to be approved by the City for the 15 space parking area, which will be located as shown on Site Plan C, and for the south boundary of the property, which should include a six-foot high wood'fence in addition to vegetative screening, 5) external illumination of the buildings and grounds, particularly the parking area, will be shielded, downcast and located in a manner such that illumination from the source of light will not exceed one and one- half foot-candles at the lot lines of the property, 6) the applicant will be allowed one year to establish the religious study center under the terms of the Board's decision, 7) the special exception approvals will expire upon the sale or lease of the property to an entity other than the applicant, the Church of Jesus Christ of Latter-Day Saints. Rockwell noted that the Board members received a copy of an e-mail message from Lucon Drive resident Steve Bruell, who is in Italy. This message was transmitted to the Board by facsimile from Eric Andersen. Copies of a memorandum received today from Michaelanne Widness, noting support of the revised proposal were also distributed to the Board. Public hearing: Eric Andersen, 8 Arburv Drive, a local layleader for the Church of Latter-Day Saints (LDS), wished to stress that the subject property is a beautiful and important example of Iowa City architecture and needs to be preserved. The Church of Latter-Day Saints has a strong policy of maintaining its properties and keeping them in good condition. This is as important to the Church as it is for the rest of the community. In regard to the reduction in the parking requirement, Andersen felt there are many benefits, but at least one drawback. The drawback is that if too few spaces are provided, users of the facility will be tempted to park elsewhere. Andersen said the Church can avoid these situations through the means mentioned in the staff report, including alternate modes of transportation. The benefits of the parking reduction include greater preservation of the landscaping, and a reduction in traffic. The parking area and lighting have been moved farther away from the residential area to the south and located closer to Melrose Avenus. Andersen said the experience of last month was somewhat painful, not so much because of the results, but largely because it became apparent that there were still Board of Adjustment July 12, 1995 Page 4 many unresolved issues, despite efforts made by the Church to accommodate all parties. Andersen said the LDS Church seeks to provide a harmonious relationship with the residents of Lucon Drive and others nearby. Good community relationships require not only compatible land uses, but compatible neighbors. Following the last Board meeting, there has been much discussion with the neighbors. The results of this discussion have been very gratifying. Andersen said although it may not influence the decision of the Board tonight, a spirit of compromise and willingness to work things out has been achieved. Andersen said he hoped the Board will hear from many area residents, who have switched sides and have come to accept the proposal. In answer to Bender's question, Mace Braverman, §03 Melrose Avenue, owner of the property, said he has pictures of the property taken near the time of its origin in the early 1900s. These photos do not show existence the of the garage. The garage was constructed at a later date and has been found not to be of historic significance to the property. The garage will be removed to make way for the parking area. Don Walker, 335 Lucon Drive, said he speaks for several residents of Lucon Drive. Although he had spoken in opposition of the proposal last month, he said he was spea. king in favor tonight. Walker said residents of the area had met with Andersen several times in the last month. He was proud to announce that a workable compromise had been achieved. Walker said the residents concur with both the revised plan and its amendments, as well as the staff recommendations for conditions. Walker said the residents are particularly satisfied about the reduction in the number of parking spaces. Walker said his concerns for the drainage problems have also been taken into account. The revised design for the parking area and the widening of Lucon Drive will minimize aggravation of drainage problems that currently exist on Lucon Drive. Walker said his wife, who spoke in opposition last month, also favors the revised proposal, particularly because the reduced access length helps preserve the private drive appearance of Lucon Drive. Georqe Haskell, 223 Lucon Drive, said he too now favors the proposal and wished to thank the Board for allowing a reconsideration, because it has allowed a compromise between the Church and neighboring residents to be reached. Haskell, however, said he still is not pleased with the overall change that is occurring along Melrose Avenue. The public hearing was closed. MOTION: Vogelzang moved to approve EXC95-0011, a request submitted by the Church of Jesus Christ of Latter-Day Saints to establish a religious study center, and to modify the front yard and west side yard requirements for a religious institution use, and reduce the off-street parking requirement for two classrooms from 20 spaces to 15 spaces for property located in the RS-5 zone at 503 Melrose Avenue, subject to the following conditions: 1) the hiatorlc structure will be retained on the site and any exterior changes to the existing residential structure that require a regulated permit must receive prior approval from the Iowa City Historic Preservation Commission, 2) Board of Adjustment July 12, 1995 Page 5 the applicant will upgrade and widen the Lucon Drive pavement to 24 feet at its intersection with Melrose Avenue, the width of the pavement will narrow to 22 feet for the remainder of the drive through to the south edge of the parking area access drive and then taper into the existing pavement of Lucon Drive, 3) the applicant will install two directional signs approved by City staff to indicate the entrance to the religious study center and to notify drivers that Lucon Drive is a private, non-through street, 4) the applicant will submit a landscaping and screening plan to be approved by the City for the ~ 5 space parking area, which will be located as shown on Site Plan C, and for the south boundary of the property, which should include a six-foot high wood fence in addition to vegetative screening, 5} external illumination of the buildings and grounds, particularly the parking area, will be shielded, downcast and located in a manner such that illumination from the source of light will not exceed one and one- half foot-candles at the lot lines of the prope~y, 6) the applicant will be allowed one year to establish the religious study center under the terms of the Board decision, 7) the special exception approvals will expire upon the sale or lease of the property to an entity other than the applicant, the Church of Jesus Christ of Latter-Day Saints. Bender seconded the motion. Haigh asked about the one year limit to establish the center allowed in condition number six, as most exceptions are limited to six months. Rockwell agreed most cases are limited to six months. However, if the applicant knows ahead of time that more time is needed to establish the use, then more time can be requested. This alleviates the necessity to make repeated extension requests. The Board members noted their appreciation that a compromise was able to be achieved despite the disagreements expressed last month. Vogelzang complimented everyone involved. He said there were obviously some major concerns that the applicant and the neighbors had worked through, which he thought was great. He was in favor of the application previously. and was certainly in favor of the amended application. Bender complimented the representatives of the Church for working out compromises that were acceptable to the neighbors. She felt the proposed use would make an excellent adaptive reuse of the historic house and ensure maintenance of the structure as well as the grounds. Lehman agreed with Vogelzang and Bender, and added he was happy to see the issues resolved that had been brought up by the property owners along Lucon Drive at the previous Board meeting. Haigh agreed it was nice that the issues could be resolved. He said he had no trouble voting in favor now that the objections by the neighboring property owners had been withdrawn. Eckhardt said she did not feel the historic residential structure could remain in single- family residential use with all the changes taking place in the area. She felt the proposed use is perhaps the best adaptive reuse possible. She was also pleased with the Church's commitment to maintenance of the historic structure. Board of Adjustment July 12, 1995 Page 6 The motion carried on a vote of 5-0. EXC95-0013. Public hearing on a request submitted by Thomas Alberhasky for a special exception to permit parking on a separate lot for property located in the C1-1 zone at 850.S. Capitol Street. Rockwell said the main issue with this request pertains to the lack of a lease that grants more than a 30-day renewal period. Despite efforts on the part of the applicant to negotiate for an extended term, the CRANDIC Railroad has indicated an unwilling- ness to grant this extension. A representative had, however, submitted an affidavit to the applicant stating that the railroad does not envision termination of the present lease anytime in the near future. Rockwell noted the memorandum in the Board member packets from Anne Burnside, First Assistant City Attorney, recommending that the affidavit be accepted as sufficient evidence that the property will be available to the applicant for parking in the future. · Rockwell said in case the lease is revoked in the future, she suggested that the staff recommendation be amended to read that there is a clear understanding on the part of all parties who share the parking, that the minimum parking requirements would need to be met should the CRANDIC Railroad revoke its lease arrangement. Rockwell said staff recommends that EXC95-0013, a special exception to allow off- street parking on a separate lot for property located in the C1-1 zone at 850 S. Capitol Street be approved, subject to the applicant's understanding that in the event that either party exercises its right to terminate the lease, the uses located at 840, 850, 860, 866, and 870 S. Capitol Street and at 2 and 14 E. Benton Street, all of which share parking at this location, will be required to comply with the City's minimum parking requirements. Public hearing: Larry Schnittier, M.M.S. Consultants, ~917 South Gilbert Street, said he hoped the Board would approve the special exception. In answer to Eckhardt's question as to why the parking area in question was nearly full on a recent occasion, Schnittjer said that most of the uses in the area are office type uses and the parking is primarily used by employees. Rockwell added that the parking area is not a new one. She said the matter presently before the Board concerns bringing the existing parking area into technical compliance with the City's parking regulations. Burnside added that the CRANDIC Railroad Company has shown its intent to continue to work with the applicant as they have for many years. However, the railroad feels constrained by virtue of federal railroad regulations to retain a 30-day termination clause. Burnside said it did not make sense to her to attempt to enforce the strict letter of the law at this time, after years of cooperative use of the site and an envisioned continued access to the site. She felt the intent of the Code requirements pertaining to shared parking would be met, particularly with the condition of approval added to the staff recommendation at tonight's meeting, Board of Adjustment July 12, 1995 Page 7 The public hearing was closed. ~10TION: Bender moved to approve EXC95-0013, a special exception to allow off- street parking on a separate lot for property located in the C1-1 zone at 850 S. Capitol Street, subject to the applicant's understanding that in the event that either party exercises its right to terminate the lease, the uses located at 840, 850, 860, 866, and 870 S. Capitol Street and at 2 and 14 E. Benton Street, all of which share parking at this location, will be required to comply with the City'e minimum parking requirements, Haigh seconded. Vogelzang said he was a little concerned about how the law would be approached given the history of the site and the technicalities involved, but complimented legal staff for taking a very logical, practical approach on the matter. Bender agreed and said she appreciated the fact the affidavit will be on file. She felt comfortable basing future performance on past performance in this case. She felt the intent of the ordinance was being met. Haigh felt having the termination language added as a condition will prevent some problematic situations that have occurred in the past around town. Eckhardt said parking on a separate lot is often problematic, but there appears to be a long history of mutual accommodation in this instance. She said she would vote in favor. Lehman agreed with the reasoning stated by the other Board members. The motion carried on a vote of 5-0. EXC95-OO15. Public hearing on a request submitted by Eugene and Ethel Madison for a special exception to permit a front yard modification for property located in the RS-5 zone at 1 500 Glendale Road. Rockwell said the Board members have received a memorandum that presents the findings based on the surveyed site plan. The purpose of this special exception is to allow the applicants' to convert an open carport into an 18-foot x 20-foot garage that is entered from the west side, rather than the south. The applicants' propose to remove the existing driveway and replace the concrete surface with grass, The existing curb cut is also proposed to be closed. A brick wall which forms the west wall of the carport and projects beyond the carport south toward the Glendale Road right-of-way would also be removed. Rockwell said the applicant had recently indicated to her that the south side of the proposed garage would be constructed of a brick that matches the brick wall on the east side of the house. Because the south portion of the proposed garage would encroach into the front yard setback area along Glendale Road, the applicants request Board approval of a modification to the front yard requirement. The Board may grant a special exception to modify yard require- ments if the owner demonstrates that the situation is peculiar to the property in question, that there is practical difficulty, and that general standards for granting a special exception can be met. Board of Adjustment July 12, 1995 Page 8 Rockwell said the peculiarity of this property may be the shape of the corner lot which narrows in width from 88.91 feet on the east to 42.5 feet on the west. The encroachment of the garage into the front yard would constitute approximately 70 square feet, or 2.6% of the total front yard requirement along Glendale Road. Staff feels this is a fairly minimal encroachment into the setback requirement. In regard to the qualitative impact of the proposed yard modification, Rockwell said the removal of the brick wall will minimize the actual encroachment. Enclosure of the carport and placement of the garage entrance on the west side of the structure will reduce the appearance of encroachment. Vehicles parked in the garage will not be as visible from the right-of-way as they are under the existing situation. The proposed driveway configuration will pull on-site parking away from the Glendale Road right-of-way. Rockwell said the proposed changes will result in better visibility and less likelihood of vehicles backing onto Glendale Road. She said staff feels there would not be a negative impact on the neighborhood, except for the potential harm to a 100-yea'r old oak tree. The amount of compaction and the addition of impervious surface within the critical root zone of the oak tree that will occur with the proposed driveway area, may adversely affect the tree over the long term. Rockwell noted the memorandum dated June 28, 1995, from Terry Robinson, City Forester, which states that minimizing the amount of paving will help preserve the tree. Rockwell said there really is not a feasible alternative other than minimizing the amount that the garage may be widened. Any enclosure of the carport would require a special exception for a yard modification. It appears that the proposed garage would be an improvement over the current situation in terms of providing adequate on-site parking, safer vehicular egress, and increased property value. Rockwell said staff recommends that EXC95-OO15, a request to modify the front yard requirement along Glendale Road by 70 square feet to allow an existing carport to be converted into a garage with a six foot wide extension to the west for property located in the RS-5 zone at 1500 Glendale Road, be approved subject to: 1 ) removal of the existing driveway and enclosure of the existing curb cut as proposed by the applicant, 2) City staff approval of the new curb cut location and paving plan, and 3) construc- tion of a four-foot high wood fence and the planting of an evergreen hedge along the west boundary of the property opposite the garage. Rockwell said the applicant is reluctant to accept the' third condition, because he does not feel there is a real need for the recommended amount of buffer. The garage of the house next door to the west is located nearest the applicants' property, which results in a garage next to a garage situation. Staff would not be opposed to modifications of this condition. Eckhardt questioned whether reconfiguration of the driveway will result in safer or reduced access to and from Glendale Road. Rockwell said the change will result in parked vehicles being pulled away from the right-of-way. She said the proposed driveway would include a turnaround pad that would allow vehicles forward access onto Glendale Road, rather than backing out onto Glendale Road. Board of Adjustment July 12, 1995 Page 9 Public hearing: Gone Madison, 1500 Glendale Road, clarified the access situation. In regard to the fence along the west property line, he said he has no real strong feelings, He said that George Kondura, the property owner to the west, would prefer not to have a fence, Madison said he has been asked by his neighbor to the north to include a smell extension of the evergreen hedge along the north lot line. Madison said he has no problem in accepting this request either, The public hearing was closed. MOTION: Lehman moved to approve EXC95-0015, a request to reduce the front yard requirement along Glendale Road by 70 square feet to allow an existing carport to be converted into a garage with a six-foot wide extension to the west for property located in the RS-5 zone at 1500 Glendale Road, subject to: 1) removal of the existing driveway and enclosure of the existing curb cut as proposed by the applicant; 2) City staff approval of the new curb cut location and paving plan; and 3) the planting of an evergreen hedge along the west boundary of the property opposite the garage. Haigh seconded the motion. Haigh commented that he liked the motion as stated by Lehman. He didn't feel a fence was needed in this case, He thought a hedge made more sense, Overall, he felt the requested yard modification would result in improving the situation by pulling the location of the curbcut and access drive away from the intersection, increasing visibility, and upgrading the residence, He said he planned to vote for the requested yard reduction. Lehman stated that he saw no need for a fence. He thought the conversion of the carport into a garage was reasonable, He could understand the need to do so, He felt it would improve the property, Vogelzang stated that he was in favor, He shared the previously stated concerns about fences, He noted a fence will only deteriorate over time, while the evergreens will add value as well as privacy to the property. Bender said she supported the applicants' plan, She understood why the Madisons would want to convert the carport into a garage simply from the standpoint of security. She felt the project would be beneficial to the neighborhood, because it would get cars off the street. Vogelzang complimented the Madisons on their willingness to work with their neighbors. Eckhardt mentioned her concern about the amount of paving that was proposed. She requested City staff, particularly the City Forester, to work closely with the applicants to minimize the amount of paving around the oak tree when approving the paving plan, as per the second condition of approval. The motion carried on a vote of 5-0. EXC95-OO16. Public hearing on a request submitted by Sylvan Learning Centers for a special exception to establish a school of specialized private instruction in the CC-2 zone at 36 Sturgis Corner Drive. Board of Adjustment July 12, 1995 Page 10 Rockwell said this is a request by the Sylvan Learning Centers to provide a tutoring service. This type of use is listed in the Standard Industrial Classification reference guide as a school and educational service not elsewhere classified. The Board's review in this case is required to ensure that businesses provided by right in the CC-2 zone are not compromised by allowing a school to be established in the zone. In commercial areas, it also important that sufficient off-street parking be provided to serve a use that is permitted by special exception. Rockwell noted the on-site parking available for the Sylvan Learning Center more than meets the City's off-street parking requirement for this type of use. Seven of the available 74 required parking spaces can be allocated to Suite 36, a 1,500 square foot office space. Two parking spaces are required for the one classroom to be provided within the space, and the additional five spaces can be utilized by staff or clients' parents. Rockwell said the Board would also need to evaluate whether an undue displacement of standard office or retail uses would occur. In this case, the Sylvan Learning Center facility is considered a commercial entity in many jurisdictions, and clients and their parents are likely to patronize nearby commercial establishments, particularly the restaurants, Staff feels the Center is more likely to enhance the commercial viability of the area, rather than detract from it. In looking at the general standards, Rockwell said the Sylvan Learning Center will provide a tutoring service intended to enhance the learning capabilities of young persons, and this can be perceived as a service that will be supportive of the public welfare. Rockwell said staff recommends that EXC95-0016, a request submitted by Sylvan Learning Centers for a special exception to establish a school of specialized private instruction in the CC-2 zone at 36 Sturgis Corner Drive, be approved. Public hearing: Betsy Smith, 1751 28th Street, Des Moines, the applicant, said she was available to answer any questions. There were none. The public hearing was closed. MOTION: Haigh moved to approve EXC95-0016, a request for a special exception to establish a school of specialized private instruction, a Sylvan Learning Center facility with one classroom, for property located in the CC-2 zone at 36 Sturgis Corner Drive. Vogelzang seconded the motion. Haigh said the proposal is a good use of that particular area. He said it is likely to enhance the area and be compatible with it. He said it appeared that the Sylvan Learning Center would not create any parking or traffic problems. Vogelzang agreed Board of Adjustment July 12, 1995 Page 11 with Haigh, and said he felt it was a good location for a great service. Lehman and Eckhardt agreed. The motion carried on a vote of 4-0-1, with Bender abstainin(3 due to a potential conflict of interest, EXC95-0017. Public hearing on a request submitted by Joel Barkan for a special exception to permit a front yard modification for property located in the RS-5 zone at 833 River Street. Rockwell said the applicant is requesting a front yard setback modification along the Lee Street frontage to allow construction of an enclosed entryway to his house. The Lee Street right-of-way is adjacent to the house, but has never been improved, is not paved, and is not likely to be improved due to the topography of the area. Only the subject property requires the right-of-way for access their property. The existing home encroaches into the required 20-foot front yard setback, about 9.5 feet from the right- of-way line. When the house was constructed, the 20-foot setback requirement was not in place. The structure is considered a legal, nonconforming use. Rockwell said when a special exception for a yard modification is considered, the Board needs to determine whether the situation is peculiar to the property in question, whether practical difficulty exists, and that general standards for granting a special exception can be met. Staff views the situation precipitating this request as peculiar to the property. The property is a corner lot and is required to meet the front yard requirement along both streets on which the property has frontage. However, Lee Street has never been improved, nor is it likely to be improved. The applicant has maintained the right-of-way in a manner that appears to be an extension of his property. Improvements made within the right-of-way, such as tree plantings and sidewalk improvements have been made overtime with the concurrence of the City's Department of Public Works. Rockwell said given the peculiarity of the situation, the minimal impact the requested yard modification will have on the neighborhood, and the lack of another feasible alternative, it is staff's view that the interests of justice would be served by granting the requested exception. Staff recommended that EXC95-0017, a special exception to allow a reduction of the required front yard along Lee Street from 20 feet to one foot for the nine-foot width of the proposed entryway by approved for property located in the RS-5 zone at 833 River Street. Public hearing: Joel Barkan, 833 River Street, the applicant, submitted photographs of the property. Barkan said the photographs provide an indication of the difficulties involved in this situation and why the street has never been improved. The public hearing was closed. Board of Adjustment July 12, 1995 Page 12 MOTION: Bender moved to approve EXC95-0017, a special exception to allow a reduction of the required front yard along Lee Street to one foot, for the nine-foot width of the proposed entryway for property located in the RS-5 zone at 833 River Street. Haigh seconded. Bender agreed with the findings cited in the staff report. She couldn't see any way that the proposed entryway would detract from the property itself or. surrounding properties. She said the residence is located on a fairly isolated lot. Because of the topography, the house is barely visible from the street. She felt if would have no detrimental effect on the neighborhood. The. exception represented a small, reasonable request. Haigh stated that this is the type of request the Board of Adjustment is meant to review. He felt there would be no negative impact on the neighborhood by granting this request. Vogelzang said considering the Lee Street right-of-way as street frontage for this property was in a reality a moot issue as far as he was concerned. Given the steep ravines involved, he couldn't imagine the City finding the funds available for constructing a street or bridge on this property, unless it was to construct a pedestrian trail. Lehman and Eckhardt both stated that the requested exception was reasonable and would not be detrimental to neighboring properties. The motion carried on a vote of 5-0. CONSIDERATION OF ANNUAL REPORT: MOTION: Halgh moved to approve the Board of Adjustment's Annual Report, as written. Vogelzang seconded. The motion carried on a vote of 5-0. Vogelzang commented and other Board members agreed that they liked the listing of the different types of exceptions and variances the Board had considered during the past year. They felt it gave a better representation of the Board's work than simply listing the number of actions. BOARD OF ADJUSTMENT INFORMATION: Eckhardt thanked Vogelzang for his time and commitment to the City and the Board of Adjustment over the years. The other Board members concurred and wished him well. Lehman noted there had been no applicants for Vogelzang's position on the Board so it was good he was able to stay on for another month. Bender mentioned that she may be on vacation at the time of the next Board meeting on August 9, 1995. Board of Adjustment July 12, 1995 Page 13 ADJOURNMENT: MOTION: Vogelzang moved to adjourn the meeting at 6:03 p.m. motion carried on a vote of 5-0.. Minutes submitted by Jeff Haring. Haigh seconded. The Patricia Eckhardt, Board Chairperson m[n~tboa7,t 2 SIGN IN SHEET IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, JULY 12, 1995 - 4:30 P.M. CMC CENTER COUNCI~ CHAMBERS Name ,4ddres~ 10. 11. 12. 13. 14. 15. 16. 1Z 18. 19. MINUTES IOWA CITY PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 3, 1995 - 7~30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom Scott, George Starr, Lea Supple MEMBERS ABSENT: None. STAFF PRESENT: Charles Denney, Sarah Holecek, Robert Miklo, Lita Sorerisen RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 6-1 with Dierks in the negative, of REZ95-0009, an application submitted by Melrose Investments to rezone an approximate 29 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 Hous- ing Overlay conditioned upon 1 ) the limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer is upgraded; 2) a provision in the legal papers indicating the Homeowners' Association responsibility for snow removal from side- walks on the private streets; 3) payment of fees in lieu of constructing the sidewalk on Rohret Road, and 4) phasing of the developing according to the phasing schedule shown on the ODPH plan. Recommended denial, by a vote of 5-2, with Scott and Starr in the negative, of REZ95- 001 2, an application submitted by CB Development, Ltd. to rezone an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID- RS, Interim Development Single-Family Residential, to RM-12, Medium Density Multi- Family Residential, subject to a conditional zoning agreement containing the following conditions: 1 ) development of the site in conformance with a concept plan approved by the Planning and Zoning Commission and the City, 2) approval by the City of a landscape plan as part of a site plan review approval for the site, 3) limiting access to the site to one location at least 200 feet south of the intersection of Lakeside Drive and the Highway 6 frontage road, 4) City approval of the parking area and carport layout, and 5) provision of a trail system or sidewalk along the south side of the property at the developer's expense. Recommended approval, by a vote of 7-0, of SUB95-0012, an application submitted by Sycamore Farms Inc. for preliminary plat approval of Saddlebrook, a 223 acre, 1 O- lot residential subdivision, and Saddlebrook, Lot 5, a 41 acre, 222-unit Manufactured Housing Park located south of Highway 6 and Heinz Road, subject to 1) the legal papers for the final plat containing the mitigation plan, 2) acknowledgment that additional mitigation measures may be required at the time of approval of a manufac- tured housing park site plan or the resubdivision of Lots 6, 7, 8 and/or 9, and 3) a provision being included in the mitigation plan for the monitoring of the stormwater management system, including the constructed wetlands on Lot 10, for a five year period. A wetlands specialist shall submit an annual report assessing the performance of the stormwater management mitigation plan. This report shall identify any deficien- cies or maintenance requirements for the stormwater mitigation system and shall propose alterations or corrective measures to address any concerns. Planning & Zoning Commission August 3, 1995 Page 2 Recommended approval, by a vote of 7-0, of SUB95-0022, an application submitted by Tom Lepic for final plat approval of Walden Wood, Part 9, a six-lot, 3.01 acre residential subdivision located on Walden Road west of Mormon Trek Boulevard. Recommended approval, by a vote of 7-0, of SUB95-O024, an application submitted by James R. Davis, on behalf of Florence E. Davis, for preliminary and final plat approval of Britt's First Addition, a 36.73 acre, two-lot residential subdivision located in Fringe Area 7 on {he west side of Kitty Lee Lane, approximately 1/2 mile north of Highway 1, subject to the approval of legal papers prior to Council consideration of the plat. Recommended approval, by a vote of 5-2, with Jakobsen and Scott in the negative, of an amendment to City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities within the front yard of a C, Commercial, zone even when adjacent to an R, Residential zone. CALL TO ORDER: Chairperson Scott called the meeting to order at 7:40 p.m. DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ95-0009. Public discussion of an application submitted by Melrose Investments to rezone an approximate 29 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. Miklo said the applicant had submitted a revised plan which illustrates additional entrances to the trail system, including an entrance near McKinley Plan. He said staff had found the topography suitable for this purpose. He said staff recommends approv- al of REZ95-0009, 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 legal papers indicating that the Homeowner's Association will remove snow from the sidewalks on the private streets, and 3) the applicant paying fees in lieu of con- structing the sidewalk on Rohret Road. Miklo said that the Commission had also indicated a desire to condition approval upon the project being phased as shown on the OPDH plan. Jakobsen asked if Willow Creek was located on the property. Miklo said it was south of the property and that the current stormwater basin does not include the creek. Bovbjerg asked where the stormwater would end up. Miklo asked the applicant to address this. Public Discussion. Planning & Zoning Commission August 3, 1995 Page 3 Doua Eltoft, 1374 Burrv Drive, said he was representing the Ty'n Cae neighborhood group, He said he felt most of the issues had been discussed and that the Commission knew the neighbors' position. He said the main issue was density, but the way the plan is developed is important, too. He said the essence of the current plan is the same as previous plans submitted; there had not been a great change. He said the width of the streets is a concern. He said the reason the City did ~ot want to take over areas with narrow streets was that City vehicles would not be able to gain access, He said the neighbors felt the area should be developed so that it becomes a long-term asset to the City and not a liability. He said narrow streets would make public transportation, school busing, mail delivery, and parking more difficult. He said if the development were built with street standards acceptable to the City, the density of the plan would be adjusted appropriately, He said the neighbors would like wider streets and a more attractive development design. David Mallott, 2601 Walden Road, said he had a handout concerning the safety and traffic count issue, He said the Commission needed to take a serious look at the traffic problems in the area, He said 232 additional units would generate 1,624 additional autos entering and exiting on Mormon Trek Boulevard in a 24 hour period, He said Mormon Trek Boulevard is not a four lane street all the way to Highway 6, and he thought that it was already at traffic capacity, He said this would cause safety problems, especially concerning school buses unable to access narrow streets. Gibson said the Commission is inevitably told that the development would exceed the capacity of the road, He asked what Mallot would suggest as an alternative to deal with the problem, Mallot said the City needs to widen Mormon Trek Boulevard all the way down to Highway 1, He said it was dangerous where it narrows down to two lanes, He said he knew the Commission was looking at development in the city across the board, but he thought moderation was the key and there was too much develop- ment in his area, Todd Janus, 2302 Abbey Lane, said he feels strongly about the density in the area, He said concerning the two entrances to the project, he is very concerned that one of the entrances is right across from Abbey Lane. He said this would cause traffic problems and that a traffic light at the bottom of Abbey Lane should be considered, He said he had never heard why the property could not be developed at an RS-5 zoning. He said he had been told that money was an issue. He said he advocated affordable single-family housing for the area. He said the developer had ignored many of the neighbors concerns with the revised plan, and the community's concerns needed to be addressed. He said the Commission should take a strong stand against the proposal in its recommendation to Council, Barb Standish, 2236 Abbey Lane, said she had 100 more signatures on a petition against the development from the surrounding neighborhoods, She said the neighbors' concern is evident. She said the feeling against the development is very strong and that it was frustrating being a citizen of Iowa City when the community's concerns were not being listened to, Garv Watts, the project developer, said he was available to address any questions, Bovbjerg asked about the stormwater management. Planning & Zoning Commission August 3, 1995 Page 4 Larry Schnittier, MMS Consultants, 1917 S. Gilbert, said a major part of the storm- water basin dumps into the narrow channel before it goes to the relief structure. He said the drawing shows the major stormwater basin and the channel leading to the creek. Bovbjerg asked if the stream could overflow into this. Schnittjer said yes. Watts said the new proposal meets the City's Comprehensive Plan standards. He said this was a planned area development which gives the Commission the opportunity to review the plans. He said the land use was appropriate, there was a range of housing styles and prices with the project, there would be positive economic effects, there was appropriate City infrastructure for the area, and there would be future water retention west of Mormon Trek Boulevard. Schnittjer said he represented MMS Consultants. He felt some of the comments made during public discussion nseded to be clarified. He said the width of the streets in the development was very similar to many streets in Iowa City. He said MMS had been able to plan out utilities so they were more efficient and therefore the streets did not need the added width. He said he didn't want to belittle the neighbors' concerns, but he thought the neighbors were apprehensive about the unknown. He said MMS had experienced much neighborhood opposition to many of the developments proposed in the area. Cindy Doyle, 2307 Abbey Lane, said she wanted to implore the Commission to listen to the neighbors. She said she was very concerned about the development and wanted to keep the neighborhood as it was. She said she didn't understand why the application was before the Commission again. She said the neighbors didn't want to worry about increassd traffic. Public discuasion closed. MOTION: Starr moved to approve REZ95-0009, an application submitted by Melrose investments to rezone an approximate 29 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, conditioned upon 1) the limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer is upgraded, 2) a provision in the legal papers indicating the Homeowner's Association responsibility for snow removal from sidewalks on the private streets, 3) the applicant paying fees in lieu of construct- ing the sidewalk on Rohret Road, and 4) phasing the development according to the phasing schedule shown on the OPDH plan. Bovbjerg seconded. Gibson said he wanted talk about procedural issues rather than the substance of the proposal. He said his position was clear, because he had voted for the plan the last time although he had some reservations. He thought the developer had been extraordi- narily responsive. He said the developer may not have done things the neighbors asked for, but he felt the developer was responding to the Commission's concerns. He said his primary concern had been density, which has been reduced to what is called for in the Comprehensive Plan. He felt this was a mandatory thing to be accom- plished on these projects, or the Comprehensive Plan should be amended. He said there needed to be flexibility in zoning, otherwise there could be no growth in the City. Planning & Zoning Commission August 3, 1995 Page 5 Gibson explained the procedures require that if the Commission votes to deny the application, the developer has the option to take it to Council, If the Council decides to go against what the Commission has decided, the Council needs to have a consulta- tion with the Commission. He said the Commission has to be responsive to the needs of the City. He felt Commission members have listened to the neighbors' concerns, but that if they did as all neighborhood groups requested, they would have to vote down every development that came before them. He said the people against the developments are inevitably neighbors, not people from across town, He said he had to behave as a representative of the City's interest, He said he'd vote in support of the proposal. Starr said he agreed with Gibson's comments, especially concerning the responsive- ness of the developer. He said he felt the developer had been responsive with many of the issues that had been brought forth. He said he got the impression that there was a feeling among the neighbors that something underhanded was going on here. He asserted that absolutely nothing underhanded was going on. He said everything was above board and the Commission was following procedures that had been laid out for years. Starr believed that the infrastructure needed to support the level of density requested in the development is in place. He said the development is an infill develop- ment. He said the Commission is constantly faced with the question of why the City needs to annex; why they don't develop within the city limits. When the Commission is approached with such a proposal, neighborhood groups don't want to it put in their neighborhood. He felt the development will bring a diversity of housing to the area. He was particularly excited about the affordability issues. He said he would support the development. Dierks said it had been suggested that people from only the neighboring areas respond to development, but from the looks of the petition, people from all over town have been opposed to the development for various reasons. She said she still had the same concerns as in the past. She said that they were looking at an old traffic count, and she felt children would play along the sidewalk on the roadway. She said what she thought of as infill development was putting in apartments in downtown Iowa City, but not at the periphery. She said if the plan had been zoned RS-8, it may have been a good development for the area. But, under the circumstances, she didn't think the Commission should support an increase in the density. Supple said she had several concerns about the project and they were similar to the neighbors' concerns, However, she felt the proposed land use was a good one. She said she'd prefer to see a little more variety and imagination in the design of the buildings. She felt the higher density was appropriate and stated she would be voting in favor of the project. Bovbjerg said if the development is approved, she would like to ask Public Works to look carefully at the project. She said in looking at the land use, neighboring develop- ments and future development plans, the way the project is now being proposed, especially with vegetation and phasing, is an appropriate use of the land. She said she would vote in favor of the project. Planning & Zoning Commission August 3, 1995 Page 6 Jakobsen said she happened to live on a street that is 25 feet wide and that there were no problems with access or parking, She said the development fits with the Comprehensive Plan and she would vote in favor of it. Scott said one of the goals of the VISION 2000 document was diversity in housing, whether in infill areas or on the periphery of the community. The idea is to change from the traditional subdivisions with only one type of housing to include detached single-family homes, townhouses and apartment complexes. He said the VISION 2000 document was produced via a citizen participation process. He said after the initial document was drafted, it went through at least three or four citizen Commissions and finally the City Council, He said diversity of housing was one of the main components of the housing section. He said the goal of diversity of housing was to reduce the cost of shelter to homeowners. He said in the planning literature that the Commission receives, it had amazed him how many articles there were concerning the reduction of street widths as an attempt to reduce the cost of housing, He said he supported the reduction of street widths in a number of subdivisions, although Public Works does not support reducing street widths below 28 feet for public streets. He said he had a philosophical difference of opinion with them. Scott said on the issue of school buses, conditions for school buses on rural Iowa roads were much worse than anything found within the city. He said Gibson and Jakobsen had mentioned the density level now fits with the Comprehensive Plan. He said density in excess of the Comprehensive Plan guidelines had been a strong argu- ment against approval of the application the last time it was before the Commission. He said he agreed with Supple's views in talking about the land use, and that this was the critical question the Commission must ask, He said in looking at the parcel bound by three arterial streets, the use was not improper. He said he would vote for the development. The motion carried on a vote of 6-1, with Dierks votinq no. Miklo said Council would set a public hearing at the end of August and the City's Neighborhood Coordinator Marcia Klingaman would inform the neighborhood associa- tion, Bovbjerg said she would like Public Works to make sure that this whole area of town is carefully looked at, She said the City's role should be to enforce the City's con- struction work and whatever was needed on the private street area, including making sure the streets were cleared, that parking was correct; anything that would disturb the neighbors more than it should. She thought there should be a traffic light on Rohret Road and Mormon Trek Boulevard. She said the City needs to look into im- provements on Mormon Trek Boulevard, She also said she was concerned about Coil Road and the use of Walden Road, Miklo said staff had asked the City's Traffic Engineer to examine these concerns. REZ95-0012. An application submitted by CB Development, Ltd, to retone an approxi- mate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Medium Density Multi-Family Residential, Planning & Zoning Commission August 3, 1995 Page 7 Denhey said the applicant had submitted a latter formally requesting that the applica- tion be amended to an RM-12 rezoning. He said the applicant had also submitted a revised concept plan reflecting development of the site with three buildings and a total of 32 dwelling units. He said staff had been working with the applicant in an attempt to devise a concept plan that addressed concerns associated with the development of the property. He said to date, staff and the applicant have not come to an agreement on a plan. He said the applicant prefers to develop the site with the use of carports, but due to the unusual shape of the site and the limitation that approximately 30 percent of the site cannot be built upon due to a sanitary sewer easement, it may be difficult to develop the property with the maximum density of 16 units per acre allowed in the RM-1 2 zone and have a carport for each unit. Denney said issues relating to site design and layout are usually better dealt with at the time of the site plan review, but in this case, due to the difficult site conditions and the location of the property at an entrance to Iowa City, it may be appropriate to consider a conditional zoning agreement that includes site design guidelines. He said staff proposes a conditional zoning agreement for the property that requires develop- ment of the site in conformance with a concept plan that addresses the following concerns. Staff recommends that only one access drive be provided to the site and that this drive should be located at least 200 feet south of the intersection with the frontage road on Lakeside Drive. He said this distance is based on existing peak hour vehicle queues at this intersection and has an allowance for future-growth in the Whispering Meadows and Sycamore Farms area. He said staff also recommends that a detailed landscape plan be submitted and approved as part of the site plan review. He said this plan should provide a buffer between the proposed dwellings and the industrial area to the north and address the fact that the development is located at an entrance to Iowa City. He said the concept plan shows a series of carports arranged in a T-shape. He said staff has concerns about traffic circulation within the site, and also that the carports provide a prominent feature at an entrance point to the neighbor- hood. Denney said at the July 20 Commission meeting, a question was raised regarding provisions for stormwater management on the site. He said the stormwater on this site flows to the north away from the existing stormwater basin. However, during approval of the Whispering Meadows Part 1 Subdivision, compensating storage was provided in the basin. He said staff recommends that the requested rezoning be approved subject to a conditional zoning agreement containing the following: 1) development of the site in conformance with a concept plan approved by the City, 2) approval by the City of a landscape plan as part of a site plan review approval for the site, 3) limiting access to the site to one location at Feast 200 feet south of the inter- section of Lakeside Drive and the Highway 6 frontage road, and 4) City approval of the parking area and carport layout. Dierks asked about the landscape plan required. She asked who would approve this. Dennay said it would be approved in the site plan review process in consultation with the City Forester. Gibson asked if the application was approved and the developer does not agree with all the conditions, what mechanism would there be that would cause it to collapse. Denney said it would go to Council with the Commission's recommendation and the Council would consider the application with or without conditions. He said a conditional zoning agreement, if proposed, would need to be Planning & Zoning Commission August 3, 1995 Page 8 signed by the applicant prior to the close of the public hearing before the City Council. Bovbjerg said if they felt strongly about agreeing on a particular design, perhaps it was better to defer the item. Jakobsen said staff's concerns were essentially the Commis- sion's concerns as well. Denney said the applicant's representative was not available to waive the 45-day limitation period. Gibson said he felt the application was pushing the limits of what was acceptable given the limitations of the property. Dierks asked if the RM-12 zone had a maximum of 16 units per acre. Denney said that was correct, but that the category did not reflect the absolute limit of what could be developed. Miklo said typically developments in multi-family zones achieve maximum density, Denney said given the concerns on the location of the development and the difficult site, it may be appropriate to add conditions related to the site development or density. Scott said that the problem he saw was the carports. He said it was difficult to fit them onto the property given its shape with the easement. Dierks asked if the carports took up that much more room as compared to surface parking. Denney said the issue was that the carports could not be built on the easement in the area and surface parking could. Public discussion, Richard Rhodes, 2014 Rochester Avenue, asked if the easement area was included in the density calculation. Dennay said yes. Rhodes said in terms of usable area, this was even a higher density than 16 dwelling units per acre. He said he wanted to thank D~nney for finding out that the stormwater calculations were already accounted for, and for information on whether or not open space was required. He said the area is presently zoned for single-family housing, and by rezoning for multi-family housing, the value of the site would be significantly increased to the developer. He felt it was only a modest concession if the developer would allow a trail a!ong the southern edge of the site adjacent to the stormwater detention basin that would connect into the Whispering Meadows Wetland Park. He said development of such a trail would in part compensate for concerns about a lack of a play area for children by giving them easy access to the Whispering Meadows Wetland Park. He said it would also increase the accessibility of that park to the population of residents in Lakeside Apartments. He said it would only take a modest amount of land away from the developer. He said the neighborhood had stated they'd like to see a parking area for the Whispering Meadows Wetland Park, and that a properly designed entrance for the south end of the tract could allow for a small amount of parking. He said he did not expect the developers to contribute much to the construction of the trail, because it would be largely over the easement that is to the east of the site. He emphasized that by rezoning the area from single-family to multi-family residential, the Commission was significantly increasing the profit potential for the developers of the tract. Public discussion closed, MOTION: Bovbjerg move to approve REZ95-0012, an application submitted by CB ~)evelopment, Ltd. to rezone an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Medium Density Multi-Family Residential, subject to a condition- al zoning agreement containing the following conditions: 1) development of the site in conformance with a concept plan approved by the City, 2) approval by the City of Planning & Zoning Commission August 3, 199§ Page 9 a landscape plan as part of a site plan review approval for the site, 3) limiting access to the site to one location at least 200 feet south of the intersection of Lakeside Drive and the Highway 6 frontage road, and 4) City approval of the parking area and carport layout. Starr seconded. Scott said this particular tract was a remnant of the Whispering Meadows subdivision parcel. He said CB Development first requested commercial zoning for the parcel, but it was too small for CN-1 zoning. He said there was some discussion to add the parcel to Ban Aire and develop it in some comprehensive nature. He said the developer agreed to ID-RS zoning because the Commission and staff had raised significant issues against commercial development. He said they would be hard pressed to argue the legitimacy of single-family residential use of the parcel. Gibson said he thought this was overdevelopment of the site and he did not feel a strong obligation to zone it out to the maximum density allowed by the Comprehensive Plan, Holecek said the unique nature of the parcel requires that the City have the ability to provide for the concerns that the Commission is voicing, and that this was one of the bases for a conditional zoning agreement. Gibson said he would rather see responsible development as opposed to placing a number of conditions on the application. He said he did not know what it would produce. He said he would like to see a site plan for the property which shows the 32 units can be accommodated. Bovbjerg said she thought that conditional rezoning was not the only response they could make, that they could respond with a denial. Dierks said that if there is a chance that this would go on to Council with a positive vote, it should have an added condition to include a trail, Holecek asked if this meant the developers provide land for the trail or actually provide the trail as well. Dennay said there may be land the City already owns to accoroma-. date the trail. He said it was not clear where the property line was. He said he would look into this and approach the developer. Dierks said she would like to make sure there is a trail built, whatever the language needed to be. Denney said a condition that may address many of these concerns would be the requirement of a site plan review by the Planning and Zoning Commission. Scott asked if in fact there was enough room on City property to include tying the two sidewalks together, could the developer be asked to pay for the sidewalks, Holecek said if the Commission could justify that the main use for the sidewalk that the devel- oper would be asked to put in, would be a direct result of that development and would be used by their tenants and occupants, then it would be a reasonable condition. She said conditional zoning agreements are meant to have conditions that are needed as a direct result of the rezoning. She said the addition of a sidewalk arguably keeps pedestrians out of harm's way by providing an alternative to walking through parking lots. MOTION: Dierks moved to amend the main motion to include a condition to provide a trail system or sidewalk along the south side of the property at the developer's expense. Jakobsen seconded. The motion to amend the main motion carried by a vote of 6-1, with Gibson votincj no. Planning & Zoning Commission August 3, 1995 Page 10 MOTION: Dierks moved to amend the main motion to change condition 1) to read "in conformance of the concept plan to be approved by the Planning and Zoning Commis- sion and the City." Jakobsen seconded. The motion to amend the main motion carried by a vote of 7-0. The main motion was defeated by a vote of 3-4, with Bovbiera, Dierks, Gibson, and Jakobsen votino, no. MOTION: Jakobsen moved to deny REZ95-0012, an application submitted by CB Development, Ltd. to rezone an approximate 2.02 acre tract of land'located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Medium Density Multi-Family Residential. Gibson seconded. The motion carried on a vote of 5-2, with Scott and Starr voting no. Bovbjerg said she felt there were too many conditions at this point and that the proposed development was much too crowded for the site. Gibson said he agreed with all of that. Jakobsen seconded their comments. Miklo asked if part of the Commission's concern was the configuration of buildings on the site and the fact that 30% of the property was covered by an easement. Jakobsen said her real concern was the parking configuration. Bovbjerg said there were too many units given the difficulty of the property. DEVELOPMENT ITEMS: SUB95-OO1 2. Public discussion of an application submitted by Sycamore Farms Inc. for preliminary plat approval of Saddlebrook, a 223 acre, 10-lot residential subdivision, and a manufactured housing site plan for Saddlebrook, Lot 5, a Z~l acre, 222-unit Manufactured Housing Park located south of Hwy. 6 and Heinz Road. Miklo said staff had received a revised preliminary plat, a mitigation plan and a site plan for the manufactured housing park on proposed Lots 3 and 5. He said the revised plat as submitted is in technical compliance with the subdivision regulations. He said staff is recommending that the plan be amended to show a sidewalk on the south side of Paddock Boulevard. But because this was a private street, if the Commission did not agree, the application could be approved without the sidewalk. He said another condi- tion would be that a pedestrian access easement be provided between Bon Aire Mobile Home Park and Heinz Road. He said this is a design issue, and if the Commission chose, they could approve the application without that condition, but staff recom- mends that these two conditions be reflected on the plat. Miklo said in terms of the mitigation plan, staff recommended approval, subject to the conditions that 1) the legal papers for the final plat contain the mitigation plan, 2) it be acknowledged'that additional mitigation measures may be required at the time of approval of a manufactured housing park site plan or resubdivision of Lots 6, 7, 8, and/or 9. He said these were adjacent to the conservation easement that will probably have further plans submitted for them, and when those are submitted and more detail is available, Public Works will be able to give a better assessment in terms of the mitigation plan. He said Public Works and the Environmental Technical Advisory Planning & Zoning Commission August 3, 1995 Page 11 Committee are generally satisfied with the mitigation plan, but staff would like the option of looking at those lots closer when they are developed. He said staff is recommending that the mitigation plan include a provision for monitoring the storm- water management system, including the constructed wetlands on Lot 10. He said staff recommends that a wetland specialist submit an annual report assessing the performance of the stormwater management mitigation plan. He said the report should identify any deficiencies or maintenance requirements for the stormwater mitigation system and propose alterations or corrective measures to address any concerns. He said with those conditions, staff recommends approval. Scott asked about the fifth condition. He said he thought at the informal meeting, the Commission had talked about a five-year limit. Miklo said that would be appropriate and could be added. Public discussion. Raloh Stoffer, 535 Southqate Drive. said he was available to answer questions. Richard Rhodes, 2014 Rochester Avenue, said a number of the deficiencies he I~ad pointed out in letters sent to the Commission still seemed to be present in some of the plans. He said there were no State provisions for the State Archeologist to evaluate the site for archeological sites, and as he understood, they had requested it. He said with regard to the trail system, it appeared in examining the plat for Lot 5, the walk- way along the sewer easement does not seem to connect the last 25 feet to the Whispering Meadows/Snyder Creek Bottoms Trail. He said the eastern trail that connects to the constructed wetlands is shown as deadended. Miklo said staff had decided not to pursue the trail designation until a site plan was submitted. Rhodes said another reason he had brought this up was that there would be substantial grading on Lot 6. He thought it would be silly to have to destroy established vegetation to put in a trail if this had already been roughed in. He said the east side drainageway should be part of an integrated plan that allows the eventual development of the tract through to the east. He said if the grading and street construction are to be staged, there should be a description of the extent and sequence of each stage. Miklo said the construction plans at the time of the final plat will have to specify the erosion control measures for each stage. Rhodes said he had received many comments regarding the seeding mixtures. He said he'd like to thank the developers for taking out two aggres- sive and invasive legumes, but that it was still inadequately explained in the document where each seeding mixture will go. He said he still had serious concerns regarding the species composition of the seed mixtures. He said they still contained persistent exotic species not native to the area. He said the source of the seed stock had not been specified and it should be as local a stock of a wild type as possible. He said inappropriate seed mixes seem to be scheduled for use within, adjacent to, or on areas that drain directly into the conservation easement. Miklo said staff had received a revised plat calling for the IDOT native mix within a hundred feet from the conservation easement or any drainage ways. Rhodes said some of the seed mixes do not include showy wild flowers such as Partridge Pea and Blackeyed Susan. He said he hoped they'd be included within the conservation easement. He said for areas outside of the constructed wetland ceils, the planting Planning & Zoning Commission August 3, 1995 Page 12 post seeding management and minimal establishment standards should be so stated in the mitigation plan, Miklo said this was n0tstated in the plan and that was why staff recommended requiring an annual review by a wetland specialist. Rhodes said his final concern was in regard to the management protocols for the existing vegetation on the east and west side0fLot 10. He said the steep slopes on its northern and western edges should be included in the mitigation plan. He said there should be a master plan prepared with explicit details for the long term management of each vegetation unit within the entire 191 acre conservation easement. Public discussion closed. Miklo said he would like to point out that staff had the Environmental Technical Advisory Committee review the mitigation plan and that they had several of the same concerns and comments that Rhodes had raised, He said many of these concerns had been addressed in the revised mitigation plan. He said in terms of the State Archeolo- gist, currently the City does not have an ordinance in place regarding archeological sites. He said the Sensitive Areas Ordinancethatthe Commission would be reviewing does have a provision concerning archeologicalsites. He said it was staff's practice to send plats to the State Archeologist if there is an indication that an archeological site may exist on the property. He said staff had done this in this case, and that the State Archeologist had apparently made some arrangement with the applicant for study of the western portion of the property. MOTION: Bovbjerg moved to approve SU[~95-0012, an application submitted by Sycamore Farms Inc. for preliminary plat approval of Saddlebrook, a ~223 acre, 10-1or residential subdivision, and Saddlebrook, Lot 5, a 41 acre, 222-unit Manufactured Housing Park located south of Hwy. 6 and tieinz Road, subject to 1 ) the legal papers for the final plat containing the mitigation plan, 2) acknowledgment that additional mitigation measures may be required at the time of approval of a manufactured housing park site plan or resubdivision of L0ts6, 7, 8, and/or 9, and 3) a provision being included in the mitigation plan for the monitoring of the storm water manage- ment system, including the constructed wetlands on Lot 10, for a five-year period. A wetlands specialist shall submit an annualrep0rt assessing the performance of the stormwater management mitigation plan. This report shall identify any deficiencies or maintenance requirements for stormwater mitigation system and shall propose alter- ations or corrective measures to address any concerns. Dierks seconded. MOTION: Starr move to amend the main m0ti0n to include a condition that a sidewalk be included on the south side of Paddock li0ulevard, Dierks seconded. Starr said he suggested that, because there was a four-foot walk on the east side of Heinz Road, and it made sense that there should be a walk on the south side of Paddock Boulevard for it to connect to. The motion to amend the main motion was defeated by a vote of 2-5, with Boyblare, Gibson, Jakobsen, Scott and Supple votln0 no, The main motion carried on a vote of 7-0. Planning & Zoning Commission August 3, 1995 Page 13 Jakobsen said she'd like staff to consider Rhodes' points. SUB95-0022. Public discussion of an application submitted by Tom Lepic for final plat approval of Walden Wood, Part 9, a 6-lot, 3.01 acre residential subdivision located on Walden Road west of Mormon Trek Boulevard. Denhey said construction plans had been approved so staff recommends the final plat be approved, subject to approval of legal papers prior to City Council consideration of the plat. Public discussion. There was none. Public discussion closed. MOTION: Gibson moved to approve SUB95-0022, an application submitted by Tom Lepic for final plat approval of Walden Wood, Part 9, a. 6-lot, 3.01 acre residential subdivision located on Walden Road west of Mormon Trek Boulevard. Starr seconded. The motion carried on a vote of 7-0. SUB95-0023. Public discussion of an application submitted by Oakes Construction for final plat approval of Dean Oakes Fifth Addition, a 6.25 acre, 14-lot residential subdivi- sion located at the end of Quirtcent Street, north of Dubuque Road. Scott said the item would be deferred until the August 17 meeting. Public discussion. There was none, Public discussion closed. MOTION: Supple moved to defer SUB95-0023, an application submitted by Oakes Construction for final plat approval of Dean Oakes Fifth Addition, a 6.25 acre, 14-1ot residential subdivision located at the end of Quincent Street, north of Dubuque Road. Dierks seconded. The motion carried on a vote of 7-0. SUB95-0024. Public discussion of an application submitted by James R. Davis, on behalf of Florence E. Davis, for preliminary and final plat approval of Britt's First Addition, a 36.73 acre, two-lot residential subdivision located in Fringe Area 7 on the west side of Kitty Lee Lane, approximately 1/2 mile north of Highway 1. Miklo said the plat is in order for approval, subject to City Attorney approval of the legal papers prior to City Council consideration, Public discussion. Planning & Zoning Commission August 3, 1995 Page 14 TEXT 1. There was none. Public discussion closed. MOTION: Gibson moved to approve SUB95-0024, an application submitted by James R. Davis, on behalf of Florence E. Davis, for preliminary and final plat approval of Britt's First Addition, a 36.73 acre, two-lot residential subdivision located In Fringe Area 7 on the west side of Kitty Lee Lane, approximately 1/2 mile north of Highway 1, subject to approval of the legal papers prior to Council consideration of the plat. Bovbjerg seconded. The motion carried on a vote of 7-0. AMENDMENT ITEMS: Public discussion of an amendment to City Code Title 14, Chapter 6, Article v, "Minor Modification Procedures," to allow parking for persons with disabilities within the front yard of a C, Commercial, zone even when adjacent to an R, Residential zone. Miklo said staff recommends approval of the proposed ordinance. Public discussion. There was none. Public discussion closed. MOTION: Bovbjerg moved to approv~ an amendment to Cit~l Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities within the front yard of a C, Commercial zone even when adjacent to an R, Residential zone. Dierks seconded. Jakobsen said she went by the area in question and that it looked like people were parking in the front yard whether it was legal or not, The motion carried on a vote of 5-2, with Jakobsen and Scott votino no. Public discussion of a request submitted by Joe Murphy to amend City Code Title 14, Chapter 6, Article O, "Sign Regulations," to permit portable signs in the CB-10 zone. Scott said this item would be put on the Planning and Zoning Commission's Pending List for FY96/97. Public discussion. Joe Murohv, 2050 N. Dubuaue Street, said the City staff had informed him that the ordinance was not in conformance with the sign they had in front of their store, so they had asked that the ordinance be changed. He said they would like to have an Planning & Zoning Commission August 3, 1995 Page 15 ordinance that would allow store owners to have signs like they have had for the last five years. He asked how they would go about doing this. Scott said the issue would go on the pending list and that the Commission and staff were in the process of prioritizing the list. He suggested that the City not enforce the current ordinance against small signs on private property in the CB-10 zone. Holecek said this could not be guaranteed. PLANNING AND ZONING COMMISSION BUSINESS: 1. Discussion of the Commission's FY96/FY97 Pending List. MOTION: Dierks moved to defer discussion ofthe Commission's FY96/FY97 Pending List to the August 17, 1995 meeting of the Planning and Zoning Commission. Jakobsen seconded. The motion carried on a vote of 7-0. REVIEW OF THE JULY 18, 1995 PLANNING AND ZONING COMMISSION MINUTES: Miklo said staff had made the changes discussed at the last meeting. Dierks asked that the Commission wait to approve the minutes until after they see the amendments. MOTION: Starr moved to approve the July 18, 1995 Planning and Zoning Commission minutes. Supple seconded. The motion carried on a vote of 4-3, with Dierks, Gibson, and Jakobsen votinq no. PLANNING AND ZONING COMMISSION INFORMATION: Miklo said he would remind the Commission that there would be a work session on Thursday, August 10 to discuss the Sensitive Areas Ordinance. He said the Commission would be receiving copies of the ordinance as well as a series of brochures. He asked the Commission members to take a look at the Sensitive Areas map on which the ordinance is based. He said the public hearing was scheduled for August 21 at 7:30 p.m. at the Iowa City Public Library. OTHER BUSINESS: Jakobsen said she would not be at the August 14 informal Commission meeting. Scott said he would not be at the August 21 public meeting on the Sensitive Areas Ordinance. ADJOURNMENT: MOTION: Gibson moved to adjourn the meeting at 9:45 p.m. Dierks seconded. The motion carried on a vote of 7-0. Sally Dierks, Secretary Minutes submitted by Lita Sorerisen IOWA CITY PLdNNING AND ZONING COMMISSION MEETING THUI~DAY, AUGUST 3, 1995- 7:30 P.M. CMC CENTER COUNCIL CHAMBERS SIGN IN SHEET ,o. 11. 12. · Address 13. 14. 15. 16. 17. 18. 19.