HomeMy WebLinkAbout1995-10-10 Bd Comm minutesMINUTES
PARKS ~uND RECREATION COMMISSION
SEPTEMBER 13, 1995
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
GUESTS:
John Beasley, Judith Klink, Deb Liddell, Bruce
Maurer, Matt Pacha, John Pelton, Rex Pruess, Dee
Vanderhoef
Jana Egeland
Terry Trueblood, Marilyn Kriz
Sue Shawhan, Cecile Kuenzli, Jill Smith, William E.
Knabe, Olympia Niederecker
FORMAL
ACTION
TAKEN:
LONGFELLOW
MANOR:
The August 9, 1995 minutes should reflect the name of Robin
Sueppel instead of Ellen Sueppel. Moved by Pelton,
seconded by Pruess, to approve the August 9, 1995 minutes
as amended. UnanimoUs.
Moved by Beasley, seconded by Pelton, to defer discussion
on the proposal from the Longfellow Neighborhood
Association for the City to ~urchase two lots in Longfellow
Manor to the October commission meeting. Unanimous.
Moved by Beasle~vo seconded by Pruess. to adopt the "Chart
of Absences" as encouraged by the City Council Rules
Committee. AYES: None. NAYS: Beasley0 Klink, Liddell,
Maurer, Pacha, Pelton, Pruess, Vanderhoef. The motion was
defeated.
Moved by Pacha, seconded by Maurer. to direct staff to
pursue the ~ossibility of purchasing the Jensen tract, and
to bring information back to the commission in order for it
to make a decision on purchasing the ~roperty. Klink
resides in this neighborhood and indicated she would be
abstaining° Ayes: Beasley, Liddell, Maurer, Pacha~
Pelton, Pruess, Vanderhoef. Nays: None. Abstentions:
Klink. The motion carried.
Cecile Kuenzli and Jill Smith, representatives of the
Longfellow Neighborhood Association, were present to answer
questions the commission may have with respect to the
Longfellow neigb_borhood's request for the commission to
explore the purchase of two lots for open space in the
proposed Longfellow Manor addition. The two lots are
numbered 19 and 20 on the final plat. Smith stated the
neighborhood association has not been able to determine
what the purchase price will be. Trueblood noted it was
his understanding the appraised value per lot would be in
the range of $36,000 to $44,000. Kuenzli noted access to
the public open space was out of the way, very narrow, and
she felt people would not know this was public open space.
INDOOR
RECREATION
EXPANSION:
The two lots fronting Sheridan Avenue would provide wider
and more visible access to the open space. Smith stated it
appears the access is only 5' wide between what is staked
for a private drive and the bank of the creek. Vanderhoef
and Trueblood indicated their review of the plat would seem
to provide approximately 60 feet of access between the
bridge and the access drive. Smith requested further
discussion of the Longfellow Neighborhood Association's
proposal be deferred to the next commission meeting, giving
time to clarify how much access there would be to the
public open space. She stated the neighborhood's goal is
to make the public open space publicly visible and
accessible. Pruess suggested if lot 20 is developed that
an 8' sidewalk on the north side be required, which would
help draw people into the open space, while also tying in
with the Neighborhood Open Space goal to have a trail
system to connect parks and schools. Moved by Beasley,
seconded by Pelton. to defer discussion on the ~roposal
from the Longfellow Neighborhood Association for the City
to purchase two lots in Longfellow Manor to the October
commission meeting. Unanimous. Trueblood stated city
staff and representatives from the Longfellow Neighborhood
Association would meet to determine property lines and the
size of the entr~qay into the public open space.
Pacha updated the commission on the expansion committee's
progress with respect to expanding the Mercer Park Aquatic
Center by adding gymnasium and multipurpose space. The
committee met with the architect, City Manager and Finance
Director last week to review three concepts. Concept C was
selected, which includes two gymnasium floors (which will
accommodate three volleyball courts), a multipurpose room,
a small lobby area, and some storage space. It is unclear
at this time whether additional restroom facilities will be
needed to fulfill legalities; the architect is researching
this. The preliminary estimate for the total cost of this
proposed plan is $1.4 to $1.5 million° Pacha noted with
respect to financing this project, the City Manager
indicated it is possible for the city to retire debt up to
$700,000 without a referendum. A financial package needs
to be developed to cover the remaining amount, and could
include fund raising efforts, borrowing from the Parkland
Acquisition Fund and other possibilities. Liddell asked
what the square footage of the addition would be, with
Trueblood indicating it would be approximately 15,000
square feet. Vanderhoef asked about facts and figures on
the amount of teams the city can presently accommodate, and
how many more teams it could with the proposed addition.
Trueblood stated facts, figures and justification on why
this project is needed would be presented at the
commission's October meeting. Pacha indicated the
committee basically wanted to bring the commission up to
2
CHART OF
ABSENCES:
NOS
ITEMS:
date on its progress and to see if the co~unission felt the
cormmittee was on the right track. Pelton stated he felt
they were, that the need for more basketball courts is
obvious, but questioned why there was an extra multipurpose
room. Pacha and Beasley stated the room could accommodate
various classes such as aerobics, art and dance.
Vanderhoef noted it could possibly function as a meeting
room also. Various questions were asked about the proposed
design. The commission requested cost estimates on
"extras", such as an elevated track and a second story over
the multipurpose room, for information purposes. Liddell
stated the committee did a great job and she was excited to
see something tangible to rally around. The committee will
bring further info~unation on this proposal to next month's
meeting. After the commission approves the committee's
recommaendation, it will be presented to the City Council
for approval to proceed.
With respect to the "Chart of Absences" for boards and
commissions k~ing encouraged by the City Council Rules
Co~Emittee, Vanderhoef asked who would keep this record, who
is going to use it and for what purpose. Trueblood stated
the City Council would want this information when a
board/commission member is up for reappointment to
determine if the member attended meetings regularly.
Trueblood questioned what constituted a unexcused absence
and who would determine whether or not an absence was
excused. Liddell thought the commission had a policy on
the books that stated if a member was absent three times
the member could be voted off the commission. Vanderhoef
noted absences did not appear to be a problem on this
co~tmission. Moved by BeaSley, seconded by Pruess, to adopt
the "Chart of Absences" as encouraged by the City Council
Rules Committee. AYES: None. NAYS: Beasley, Klink,
Liddell, Maurer, Pacha, Pelton, Pruess, Vanderhoef. The
motion was defeated.
With respect to the Jensen property, located in the
Harlocke/Weeber area, Trueblood reported he contacted the
attorney to confirm that this property is for saleo The
attorney indicated it could be, and for the city to submit
an offer. The attorney stated an offer was made for this
property three to four years ago and he would research to
determine what the price was at that time. William Knabe,
a resident in this neighborhood, was present to encourage
the city to purchase this parcel. He stated to his
knowledge this parcel is the only flat open space available
in this area of Iowa City other than Kiwanis Park. He
indicated the neighborhood has engaged in discussions about
this area for many years, with the neighborhood raising
concerns about how the area would be developed. He stated
the last time they discussed this with the Planning and
3
Zoning Commission they were informed about the proposed
sensitive areas ordinance which would have an impact on
this area. The neighborhood would like the Jensen tract
purchased for open space, along with the west section of
the Ruppert property. He stated he has discussed with Mr.
Ruppert the possibility of purchasing three acres from the
west side of his tract. Knabe felt Mr. Ruppert would be
receptive if his property on the east side would be
upzoned. Vanderhoef asked that discussion be centered on
the Jensen tract, noting at this point the commission is
interested in obtaining parkland and is not in a position
to negotiate zoning. Trueblood estimated 35 to 40 percent
of the Jensen tract was flat, with the remaining percentage
being a deep ravine. Klink felt it would be possible to
establish a path along the ravine. Knabe stated the
neighborhood was looking at the possibility of a park in
this area, and noted the neighborhood is willing to write
a proposal and ways they perceive the neighborhood can help
in acquisition of property. Trueblood stated staff needed
guidance as to whether it should begin negotiations with
Jensen's attorney to purchase the Jensen tract. Vanderhoef
noted there is an open space deficit in this area and
opportunity did not lend itself to other open space in the
area. Moved by Pacha, seconded by Maurer, to direct staff
to pursue the possibility of purchasing the Jensen tract,
and to bring information back to the commission in order
for it to make a decision on purchasing the property.
Klink resides in this neighborhood and indicated she would
be abstaining. Ayes: Beasley, Liddell, Maurer. Pacha,
PeltoN. Pruess, Vanderhoef. Nays: None. Abstentions:
Klink. The motion carried. Olympia Niederecker, who
resides across from the Jensen tract, stated there was a
need for some type of open space which would be available
to children and adults. She has seen children playing in
the streets, noting they have to go a long way to find a
park to play in. Knabe stated the neighborhood will be
coming to the commission in the future asking about green
space because they feel the West Benton Street hill needs
some sense of direction and tying things together.
Vanderhoef stated the Jensen property could be a real
anchor in getting things started.
With respect to Sand Lake, Trueblood reported the trail
between Sand Lake and the Iowa River is noted as a
conservation easement on the final plat. It will be used
for trail purposes, but apparently will not be owned by the
city.
With respect to the Neuzil parcel, Trueblood reported the
City Council has expressed an interest in acquiring it.
The Planning Department has been directed to send a letter
COMMISSION
TIME:
to the attorney to determine whether the owner is
interested in selling. If so, an appraisal will be done.
Liddell asked if the City Council had made a determination
abut the commission's list of capital improvement
priorities, with Trueblood stating the CIP projects are not
finalized as yet. Liddell noted this is soccer season,
and she has watched children riding their bikes on Court
Street, darting in and out of driveways on their way out to
Scott Park for the soccer games. She asked what was
necessary to request curb cuts and improvement of sidewalks
in existing areas. Trueblood stated any individual citizen
could request a curb cut, adding it was also possible for
the commission to request that curb cuts be a priority
along Court Street. Staff will determine what the current
plans are for curb cuts in this area, and report back to
the Commission.
Pruess noticed a small trench along the recently rip rapped
areas in City Park and along Rocky Shore Drive, and was
curious what the trench was for. Trueblood stated staff
will investigate this. Pruess stated he also liked and
appreciated the wider sidewalk which was put in along Rocky
Shore Drive.
Beasley stated the Recreation Center locker rooms look very
nice, and it was worth having them shut down for two to
three weeks for renovation.
Klink shared pictures from her vacation depicting bicycle
trails in San Jose; she attended the Riverfront and Natural
Areas Commission's preliminary hearing on the sensitive
areas ordinance; and she learned more about the Heritage
Tree group from a display at the recent New Pioneer's
Midwest Food Fest.
Maurer asked if there was any response from the Chief of
Police to the memo re vandalism in College Green Park.
Trueblood stated the Chief has indicated they will keep a
closer eye on the park. The Police Department is also
trying to do more with their bicycle patrols, with
Trueblood noting there have been two attempts within the
last three to four weeks to burn down the press box in
Mercer Park. The bicycle patrol plans to include this area
in their patrol.
qanderhoef encouraged the commission members to walk
through Chauncey Swan Park, noting it is as beautiful now
as it was in the spring. She stated she appreciated the
diagrams of the layout of the Mercer Park Aquatic Center
and Recreation Center pools included in the department's
5
CHAIR'S
REPORT:
ADJOURNMENT:
fall brochure. She felt this was good information for the
public to have.
Vanderhoef reported the Human Rights Commission is
requesting nominations for awards, and she had forms and
further information for commission members if they were
interested. Vanderhoef indicated she had received copies
of two letters recently sent to the Recreation Division
regarding the cancellation of the 6:30 a.m. and 8:15 a.m.
aquacise classes at the Recreation Center. One individual
was requesting a refund to a fitness punch pass and asking
staff to consider returning the 6:30 a.m. class to the
schedule; the other individual was requesting consideration
of offering an 8:15 a.m. aquacise class at the Mercer Park
Aquatic Center and suggesting possible marketing strategies
to alert people to fitness classes offered by the
Recreation Division. Trueblood stated the two aquacise
classes in question were cancelled due to lack of
registration. He noted a number of people purchase fitness
punch passes which allows them to go to any fitness class
being offered. In the past where this has happened there
have been a very small amount who have requested a refund
and staff has been flexible in these cases and has granted
a refund. Staff will be instructed to look at the
possibility of offering an 8:15 a.m. aquacise class at the
Mercer Park Aquatic Center. Vanderhoef stated the City
Council has discussed a project to tunnel under one of the
bridges in Iowa City. Pruess stated Larry Wilson is
interested in getting a tunnel under the viaduct on Hawkeye
Court, and Pruess would like to see one by Crandic Park.
Vanderhoef stated the commission has discussed various
locations where a tunnel would be desirable, noting this
may be the time to approach the City Council. Trueblood
stated he would investigate this matter further.
Moved by Beasley, seconded by Pacha, to
Unanimous. The meeting adjourned at 7:30 p.m.
adjourn.
6
MINUTES
IOWA CITY PLANNING AND ZONING COMMISSION
THURSDAY, SEPTEMBER 21, 1995 - 7:30 PM
CIVIC CENTER COUNCIL CHAMBERS
PRELB IeWARY
Subject to Approval
MEMBERS PRESENT:
Ann Bovbjerg, Sally Dierks, Dick Gibson, Jane Jakobsen, Tom
Scott, Lee Supple
MEMBERS ABSENT:
George Starr
STAFF PRESENT:
Sarah Holecek, Scott Kugler, Robert Miklo, Jeff Haring
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, of the Sensitive Areas Ordinance.
Recommended, by a vote of 6-0, that the Flood Plain Management Ordinance be reviewed.
CALL TO ORDER:
Chairman Scott called the meeting to order at 7:45 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was rioRe.
REZONING ITEM:
REZ95-0013. Public discussion of an application submitted by Dave Ed LImited to
rezone approximately 21.36 acres located south of Melrose Avenue, east of Highway
218, from RS-5, Low Density Single-Family Residential, to RS-8, Medium Density
Single-Family Residential (16.92 acres) and CN-1, Neighborhood Commercial (4.44
acres).
Kugler said the applicant had submitted a letter requesting withdrawal of the request
to fezone a portion of the property to CN-1, Neighborhood Commercial. The plan now
consists solely of a request to rezone 16.92 acres to RS-8, Medium Density Single-
Family Residential.
Kugler said the proposed rezoning at first glance appears to be in line with the
Comprehensive Plan designation for the area, which suggests residential development
at 2-8 dwelling units per acre. Staff, however, does have concern about the location
of the proposed RS-8 zoning within the neighborhood, The request consists of a
proposal for increased density within the interior of the existing subdivision, which will
result in increased traffic travelling through the rest of the subdivision to reach Melrose
Avenue, the arterial which serves the area. The location of a higher density zone
behind a lower density zone, and set back from an arterial street, is contrary to most
neighborhood planning models which generally suggest that the higher density zoning
should be located next to arterial and collector streets, and the density should decrease
Planning & Zoning Commission
September 28, 1995
Page 2
as one travels farther from these arterials and collectors. The logic is that the lower
density zones will have less traffic impact on the higher density development than with
the opposite arrangement.
Kugler said staff also questions the placement of more dwelling units along Highway
218 than the current RS-5 zoning allows. Staff feels the highway may result in an
undesirable element to the subdivision and that the applicant's request would result
in more dwelling units being exposed to the highway. Staff feels that if medium or
higher density housing is proposed for this subdivision, it should be located adjacent
to Melrose Avenue, at the northeast corner of the site, or along the east side of the
site along West High School. Both of these locations would have better access to
Melrose Avenue, and less of a traffic impact on the rest of the subdivision.
Kugler said staff recommends that REZ95-O013, a request to rezone 16.92 acres
located south of Melrose Avenue and east of Highway 218, from RS-5 to RS-8 be
denied. If the proposed RS-8 zone were to be relocated to a more appropriate location
within the subdivision with more direct access to Melrose Avenue, staff may be
inclined to recommend approval of the requested RS-8 zoning. Kugler said if the
Commission is inclined to approve the requested rezoning, staff suggests that the
rezoning be subject to a conditional zoning agreement requiring a significant landscape
buffer along Highway 218 to help minimize the effect of the highway on the
subdivision.
In regard to questions raised at Monday night's informal meeting, Kugler said after
checking with the City Engineer about the ability to provide sewer service to the
northeast corner of the site, the applicant's engineer was correct in stating that the
northeast corner of this site is not immediately serviceable, but may be serviceable by
running a sewer line north from the line that runs along the south edge of the West
High School property. Kugler said staff feels the Commission should base the decision
on appropriate land use, rather than whether utility service exists in a certain area of
the site.
Kugler reviewed two development concept plans for the site. One depicts a through
street with 78 lots. The other shows two end-to-end cul-de-sacs that would result in
75 lots. Kugler also made note of a concept plan submitted in 1990 which consisted
of 41 lots of RS-5 zoning over roughly the same amount of area that is now considered
for RS-8 zoning.
Gibson said one of the letters received from area residents, who are opposed to this
rezoning, is from Beverly and Frederick Johlin. The letter states that when they
purchased their lot three years ago, they were shown on paper the long-term plans for
the area and had based their decision to purchase on the information provided at that
time, Gibson said he would like to know which copy of the concept plan for the area
the Johlins are referring to. Kugler said he believes the Johlins were shown the
preliminary plat for Part 1 of the subdivision. He said he will provide a copy for the
next meeting. Gibson said he is concerned about this letter, because the message
provided as one approaches the site is that it is basically a single-family, low density
Planning & Zoning Commission
September 28, 1995
Page 3
housing zone. He wanted to know whether the property owners were told this was to
be the case for the entire development. Kugler said some of the area residents have
indicated that they were aware the developer might request a rezoning to allow some
higher density development in the future. Although, a number have said they were not
aware this was being contemplated.
Public discussion:
Perry Naides, 64 Galway Circle. said she speaks tonight on behalf of the neighbors of
the Galway Hills Subdivision, who submitted a letter at the informal meeting on
Monday. Naides asked the neighbors present who oppose the rezoning to stand.
Approximately 20 people stood.
Naides related that Galway Hills is still a new and growing subdivision. Naides related
the concerns that a possible purchaser asks before the purchase of a lot and home.
Naides said that in a little over three years, the developer is already proposing to
change the answers to the initial questions. Naides related traffic concerns with the
higher density units placed back from the arterial street; increased traffic which would
travel in the vicinity of her home. Naides said a two to three-fold increase in
population and a corresponding increase in traffic will result from the proposed
rezoning. Naides expressed safety concerns for the children in the area. Naides feels
the increased traffic would demand additional access routes from the higher density
areas and would need to be constructed prior to the construction of any of the higher
density units. Naides related capacity concerns at the schools that serve the site,
Weber Elementary and West High School. Naides is concerned that her children, and
even Hawkeye Cour~ children, may eventually be bussed elsewhere should the rezoning
result in school redistricting. Naides said the entire area, primarily west of Mormon
Trek Boulevard, already consists of diverse development and a diverse population and
that more medium density development is not needed.
Naides said safety and school capacity concerns aside, the residents of the Galway
Subdivision are bound by a set of restrictive covenants which, e.g. do not allow the
parking of RVs outside their residences in the winter months, building plans must be
approved by the developer, etc. Naides said that despite these covenants, and more,
they had agreed to be bound by them no matter how silly they may have thought them
to be. Now, after homes and lots have been purchased, the developer is proposing to
change the neighborhood in a little over three years. In making the decision to buy,
they had relied on the representations of their realtors, builders and developers. There
was never any mention of anything other than single-family homes. They were never
shown maps depicting medium density housing anywhere in the subdivision. Naides
asked what conditions had changed that would warrant the corresponding change in
zoning.
Nancv Perkins, 29 Acorn Court, related the difficulty of access to and from Melrose
Avenue. Perkins said because of the staggering of the access drives to Walnut Ridge
and Galway Hills, a traffic signal would not be possible, Perkins said she and the
residents would not like to see the situation exacerbated.
Planning & Zoning Commission
September 28, 1995
Page 4
Perkins said she has two children nearing high school age and is concerned for their
safety should traffic increase. Perkins read a letter from Jerry Arganbright, principal
of West High School, who opposes the rezoning for safety and welfare reasons, mostly
as a result of the proposed CN-1 zone, though partially as a result of the increased
traffic from an RS-8 rezoning.
Mark Kamps. 16 Galway Place, said he is a realtor and was the first homeowner to
move into the Galway Hills Subdivision in May, 1992. Kamps said that as a realtor he
feels it is his responsibility to represent and work for the client, which includes doing
research on the various sites. Kamps said in October 1991, the customer was his
wife. Kamps felt he had done his research on the site, and all indications were that
the subdivision would continue to develop at an RS-5 density.
Kamps said that he had served on the Vision 2000, Housing Task Force, and that a
general consensus of the task force was to agree with the planning philosophy that the
higher density zones should be located closer to the arterials, but also that a mix of
zoning is good planning. Kamps said he is also the current President of the Iowa City
Association of Realtors, and takes pride in knowing the city. He felt the area west of
Mormon Trek Boulevard is already quite diverse. Kamps noted the future addition of
the Mormon Trek Village development.
Jodv MurDh, 3505 Galway Court, said her family had very specific needs. In
researching the site, her family felt their needs would be met in Galway. Murph said
she feels misled, because she was told the subdivision would continue to develop in
RS-5, single-family dwelling units. Murph said she is upset that the developer has the
option of not being held to these prior assurances.
Public discussion closed.
MOTION: Dierks moved to defer REZ95-OO13, tothe October 5,1995, meeting ofthe
Planning and Zoning Commission. Jakobsen seconded.
Gibson said he feels it is undeniable that the Commission and the City Council have
been delivering the signal that a higher density of housing is needed in the city.
Gibson said he agrees with the recommendation to approve Mormon Trek Village as
the elements were appropriate for a higher density subdivision; access considerations
being one of those elements. Gibson said it may be an erroneous conclusion,
however, that the Commission, and likewise Council, would feel this site warrants
higher density housing as well. Gibson said he does not feel the site is appropriate,
nor is the location selected within the site appropriate for a higher density zoning due
to the reasons stated in the staff report. Gibson said this situation is partially the
result of incremental development. Gibson said he is in favor of getting a better grasp
up front of what is planned to occur throughout an entire subdivision, and some
expectation that the developer is carrying out the original intent.
Gibson said he may agree to some medium density units should several aspects be
reconsidered, including the location of the higher density zone along the east side of
Planning & Zoning Commission
September 28, 1995
Page 5
the property and assurance that access to the traffic signal and the West High School
drive will be provided. Gibson said he is pleased with the developer's decision to
concede the CN-1 development in the northwest corner of the property, as he felt it
was inappropriate for the site.
Bovbjerg asked whether any of the concept plans for the site may be legally binding
for the entire tract. Holecek said a concept plan is not a recorded, legally binding
document, However, a case may be made that a concept plan may be interpreted as
an indication of future development, Miklo added that when the rezoning in 1991 and
the subsequent preliminary plat were separately approved, both were submitted with
the same concept plan. But, as noted in the staff report, a concept plan is not binding
on the City or the developer. Gibson asked to have a copy of the 1991 concept plan
included in the next meeting packet.
Staff noted a waiver of the 45-day limitation period to October 5, 1995, had been
received.
The motion carried on a vote of 6-0.
Public discussion of the proposed Sensitive Areas Ordinance.
Mjklo noted receipt of a letter from the Iowa City Home Builder's Association, dated
September 20, 1995. Miklo said the Commission had also received a memorandum
noting the actions taken by the Riverfront and Natural Areas Commission at its
September 20, 1995, meeting. The Riverfront and Natural Areas Commission had
placed a condition on its approval of the Ordinance asking that the one acre size
limitation on prairie remnants be justified, If a smaller-sized prairie remnant is viable,
they asked that the ordinance be amended to accept the smaller size. The Riverfront
and Natural Areas Commission also strongly suggests that the Flood Plain Management
Ordinance be promptly reviewed and amended should any conflicts with the Sensitive
Areas Ordinance be found to exist.
Public discussion:
Richard S. Rhodes, Ill, 2014 Rochester Avenue, said in regard to a comment made by
Bruce Glasgow at the previous public hearing, that the two largest landowners within
the corporate limits of the city are the City and the University of Iowa. Rhodes said
he would hope that these two parties adopt and attempt to abide by principles that
correspond with the Sensitive Areas Ordinance, although he understands neither party
is legally bound to abide.
Public discussion closed,
MOTION: Bovbjerg moved to approve the Sensitive Areas Ordinance, as printed in its
current form, dated September 1, 1995. Supple seconded.
Planning & Zoning Commission
September 28, 1995
Page 6
Dierks said although she realizes there may be kinks that need to be worked out once
the ordinance is implemented, in the mean time, it will be providing better protection
of the sensitive areas.
Gibson agreed with Dierks, stating that he feels adequate research had been conducted
to make the ordinance sufficiently sound for a first go around. In regard to the point
in the Home Builder's Association letter that the ordinance will drive up the cost of
housing, Gibson said he does not feel it is the responsibility of the Commission, nor is
it rational to attempt to provide low cost housing in environmentally sensitive areas.
Gibson said by their very nature, sensitive areas are going to be more costly to build
on. Those who choose to live in these areas will pay for that right, with or without the
implementation of this ordinance.
Bovbjerg agreed and added that the ordinance may actually be cost-efficient in the long
run, as it may catch potential disasters before they happen. This may save all
taxpayers some money. Bovbjerg feels the language of this ordinance is direct enough
for developers to understand.
Scott agreed and said that far and away most developers within the community are
conscious and sensitive to the environmental constraints and/or unique characteristics
of sensitive areas. Some areas of the city contain significant amounts of sensitive
areas, the Sycamore Farms development area being one. The cost and time framefor
that particular project exceeded two-plus years. Under normal circumstances, Scott
does not feel the developer, the Commission, or City staff have this kind of time to
spend each time a sensitive area is considered. This ordinance builds upon the
experience from Sycamore Farms, especially in the area of wetlands, and provides all
parties with specific guidelines, if and when development is to occur. This aspect of
regulation appears to Scott to be one reasonable criterion for the implementation of
additional regulations. Scott feels the ordinance is reasonable and is not overly
bureaucratic, and if implemented in the same spirit of its authors, namely the Sensitive
Areas Committee, this will be a workable ordinance.
Scott said some aspects addressed in the ordinance are: wetlands, stream corridors,
steep slopes and woodlands. Scott feels these are the major portions of the ordinance
and is comfortable with the results of each aspect. Scott said he is most comfortable
with the results of the wetlands and stream corridors. Although the areas of steep
slopes and woodlands may find difficulty in the implementation stage and may need
additional refinement, he wanted to emphasize that the Committee did not ignore the
importance of these areas by any means. The Committee did attempt to answer many
development issues. However, many of the particulars of a development will not come
to the forefront until a developmental proposal is presented.
In response to concerns of the Iowa City Home Builder's Association, Scott said he
would readily agree with Commissioner, Dick Gibson, concerning his comments on the
affordability of developing on a sensitive area. In all likelihood, affordable housing will
not be constructed in environmentally sensitive areas, especially in the areas of steep
slopes and woodlands. Scott said in his fourteen years on the Commission, he recalls
Planning & Zoning Commission
September 28, 1995
Page 7
coming across only one article from a national publication of the Home Builder's
Association regarding development of low or moderate income housing on sensitive
areas. The main reason most low to moderate income homes are constructed in the
southeast quadrant of Iowa City is because'this area is fairly flat, and does not contain
much in the way of wooded steep slopes.
Scott said paragraph four of the Iowa City Home Builder's Association letter states,
"As you are well aware, the Sensitive Areas Ordinance will require additional staffing
of individuals trained in these areas." Scott said he had stated before that he believes
the implementation of additional regulations usually translates into the necessity of
additional staffing. However, when the Committee examined the possibility of
additional staffing, it was determined that much of the additional work would be
placed on the developer as opposed to the City. Before staffing can be used as an
argument against this or other ordinances, Scott felt differing work products from
within various Departments of the City should be examined. In regard to the concern
that the review time for a site with an environmentally sensitive area will be longer,
Scott said this is probably true. But, if certain requirements are set out in print ahead
of time, he does not envision another Sycamore Farms instance occurring. Regarding
the statement that experts in various fields will require compensation, Scott said this
is probably correct.
In regard to the last sentence within paragraph five, which states, "Last week we (the
Home Builder's Association) received a copy of minutes dated July 25, 1995,
indicating that the Home Builder's Association is always critical of every proposed
ordinance." Scott said he takes exception to this statement and would like to see
where this is stated in the minutes. He said he does not recall any such comments
from the Commission or City staff which indicate this position.
Scott said by and large the objections to the ordinance have been nominal, if not
minor. Scott said a draft copy of the ordinance was sent to groups or individuals
during the public debate process by the Commission, yet he has been impressed by the
lack of opposition from groups such as the Iowa City Home Builder's Association, the
Environmental Advocates, and the neighborhood associations.
Scott said the Committee was charged by the Council with writing an ordinance that
would protect or control development in environmentally sensitive areas. Scott feels
the Committee had completed its task, and had completed it admirably. Scott said he
will always recall the Committee, having been a member of it, with a sense of pride.
It was a group that worked in a spirit of cooperation and no one group or person
thought they always had the right answer. Scott thanked the Committee members Bill
Franz, Beth Hudspeth, Jessica Neary, Dick Hoppin, John Moreland, Jr., Richard
(Sandy) Rhodes, and George Starr for their service. Scott, likewise, thanked City staff
for its effort, work and support, without whom the Committee would not have accom-
plished what it had. Scott said the Committee feels personally responsible for the
outcome of the ordinance and asked that any credit and/or objections be directed to
the Committee and not City staff.
Planning & Zoning Commission
September 28, 1995
Page 8
The motion carried on a vote of 6-0.
DESIGN REVIEW ITEM:
1. Public discussion of amendments to City Code Title 14, Chapter 6, "Zoning," Article
J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review
Overlay Zone."
Miklo said the Design Review Committee had asked that this item be deferred
indefinitely.
Public discussion:
There was none.
Public discussion closed.
MOTION: Dierks moved to defer discussion of the Design Review Overlay Zone
indefinitely. Gibson seconded.
The motion carried on a vote of 6-0.
CONSIDERATION OF AUGUST 210 1995. PLANNING AND ZONING COMMISSION AND
RIVERFRONT AND NATURAL AREAS COMMISSION JOINT MEETING MINUTES, AND THE
SEPTEMBER 7, 1995 PLANNING AND ZONING COMMISSION MINUTES:
MOTION: Bovbjerg moved to approve the minutes of the August 21, 1995, joint meeting of
the Planning and Zoning Commission and Riverfront and Natural Areas Commission. Supple
seconded. The motion carried on a vote of 5-0-1, with Gibson abstaining.
MOTION: Gibson moved to approve the minutes of the September 7, 1995, meeting of the
Planning and Zoning Commission, as amended at Monday night's meeting. Jakobsen
seconded. The motion carried on a vote of 6-0.
PLANNING AND ZONING COMMISSION INFORMATION:
There was none.
OTHER BUSINESS:
MOTION: Bovbjerg moved to reconsider 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, Low Density
Multi-Family Residential. Gibson seconded.
Bovbjerg said that at the time of the Commission's previous votes on this item, the conditions
the Commission had sought to include within a conditionsl zoning agreement for the tract, had
Planning & Zoning Commission
September 28, 1995
Page 9
not been agreed to by the developer. The developer has since this time worked with City
staff, and this morning at a meeting at which she and Scott were present, agreed to submit
a revised proposal that complies with several of the original conditions. Bovbjerg felt the
conditions are workable and that an agreement will be reached the next time around. Gibson
said he seconded the motion on the basis of significant progress by the developer.
The motion carried on a vote of 6-0.
MOTION: Jakobsen moved to recommend to Council that the Flood Plain Management
Ordinance be reviewed. Gibson seconded. The motion carried on a vote of 6-0.
Gibson commended Council for its action on Mormon Trek Village.
Jakobsen will be absent from the October 2 and 5, 1995, meetings.
ADJOURNMENT:
MOTION: Dterks moved to adjourn at 9:00 p.m. Gibson seconded. The motion carried on
a vote of 6-0.
Sally Dierks, Secretary
Minutes submitted by Jeff Haring.
SENT BY:ThS UniverSity of Zowa; 8-28--95; 1:15PN; Business Office~ ;tl 2
Z
10.
12.
1Z
1&
-Z
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, SEPTEMBER 13, 1995-4:30 P.M.
CIVIC CENTER COUNCIL CHAMBERS
Subject to Approval J
MEMBERS PRESENT:
Susan Bender, Lowell Brandt, Patricia Eckhardt, Bill Haigh,
Tim Lehman
MEMBERS ABSENT: None
STAFF PRESENT:
Melody Rockwell, Anne Burnside, Scott Kugler, Jeff Haring
CALL TO ORDER:
Chairperson Eckhardt called the meeting to order at 4:31 p.m.
ROLL CALL:
All members were present.
CONSIDERATION OF THE AUGUST 9, 1995, MINUTES:
MOTION: Haigh moved to approve the minutes of the August 9, 1995, meeting of the Board
of Adjustment, as primed. Lehman seconded. The motion carried on a vote of 5-0.
SPECIAL EXCEPTION ITEMS:
EXC95-0019. Public hearing on an amended request submitted by St. Wenceslaus
Church for special exceptions to expand a religious institution, reduce the front yard
requirements along Fairchild Street, modify the screening requirements for a parking
area, and reduce the side yard requirements for a parsonage located on property in the
RNC-12 zone at 618 Davenport Street.
Rockwell said on August 9, 1995, the Board deferred action on EXC95-0019. The
Board asked the applicant to consider redesigning the parking area to eliminate access
to Davenport Street and to submit a landscape plan for the proposed parking area.
Rockwell said in addition to the special exceptions to permit expansion of a religious
institution and to modify the front yard requirement along Fairchild Street, the
applicant now requests Board approval of special exceptions to modify the parking area
screening requirements, and to modify the yard requirements concerning the setback
distance of the parsonage from the lot line.
Rockwell said the applicant had submitted a revised site plan that squares off the
parking area, and eliminates the access drive to Davenport Street. The four parking
spaces required for the duplex will continue to be provided in the existing garage and
on the existing drive serving the duplex. The streetscape along the 600 block of
Davenport Street will remain the same and the residential use of the duplex will remain
intact and buffered from the parking area. Rockwell said staff continues to recom-
mend approval of the special exception to reduce the front yard requirement along
Fairchild Street.
Board of Adjustment
September 13, 1995
Page 2
Rockwell said there is now a request to modify the screening requirements. The
applicant submitted a landscape plan that appears to meet the criteria recommended
for providing a vegetative buffer that allows public surveillance of the parking area
from the Johnson Street and Fairchild Street-frontages. The dense yew evergreen
shrubs shown on the landscape plan will grow to a height of three to three and a half
feet, and provide year-round buffering of the parking area. Dense yew screening is
shown on the south and east sides of the parking area with plantings of a deciduous
shrub, arrowhead viburnum, adjacent to existing garages. The existing arbor vitae on
the east side of the parking area will remain in place. Staff supports Board approval
of the modified screening for the parking area as shown on the landscaping plan file
stamp dated September 5, 1995.
Rockwell said one of the standards for granting a special exception provides that
except for the specific exception being requested, all other Code requirements must
be met. In the RNC-12 zone, only one principal use or building is permitted on each
lot. This means that the lot in which the duplex is located must be separate from the
remaining church property; the residential use must be separate from the religious
institution use. Because the religious institution parking area is located in part on the
duplex lot, the lot lines for the residential use must be reconfigured to create a
separate, conforming 6,000 square foot lot.
Rockwell said part of the parsonage property may be added to the duplex lot to create
a new, conforming residential lot. However, because the parsonage is considered a
religious institution use, the structure must be set back from the lot line two feet for
every one foot of height. The east lot line for the duplex must be set no more than 21
feet west of the west wall of the parsonage to meet the minimum lot area require-
ments for the duplex. Therefore, the applicant requests a special exception to reduce
the setback requirement for the parsonage from its shared lot line with the duplex from
49 feet to 21 feet for the 45~foot length of the parsonage.
Rockwell said the main peculiarity in this side yard modification request is the
residential nature of the religious institution use of the parsonage. The side yard
setback requirement for residential use in the RNC-12 zone is five feet; there should
be a minimum of 10 feet between two residential structures on separate lots. In this
case, the parsonage would be set back 21 feet from the proposed lot line shared with
the duplex, and would remain 52 feet distant from the duplex structure. The
separation distance between two essentially residential uses is more than five times
what is required by Code.
Rockwell said staff recommends that EXC95-0019, a request for four special
exceptions that will permit a parking area to be constructed by St. Wenceslaus Church
in the southeast quadrant of the Johnson Street and Fairchild Street intersection: 1 )
expanding a religious institution use by constructing a parking area as shown in the
site plan file stamp dated August 29, 1995, 2) reducing the front yard setback from
20 feet to seven feet for the 115 foot length of the parking area along Fairchild Street,
3) modifying the screening requirements for the parking area in accordance with the
landscape plan file stamp dated September 5, 1995, and 4) reducing the west side
yard requirements for the St. Wenceslaus parsonage from 49 feet to 21 feet for the
45-foot length of the parsonage, subject to the stipulation that external illumination of
the parking area will be shielded, downcast and located in such a manner that
Board of Adjustment
September 13, 1995
Page 3
illumination from the source of the light will not exceed one and one-half foot candles
at the lot lines of the property, and subject to a lot line adjustment made via a recorded
plat of survey to create a legal, conforming lot for the duplex located at 608-610
Davenport Street.-
Rockwell said although this seems like a fairly complicated process for a 26-space
parking area, the complexity is partly the result of how the properties are owned and
have been divided in the past.
Public hearing:
Glenn Meisner, MMS Consultants, 1917 South Gilbert Street, said the church has
made every attempt to meet the Code requirements and recommendations of City staff
and feels a nice quality product has been achieved.
GreQ Jones, 1131 East Davenport Street, said he had objected to the Davenport Street
frontage alterations that would have resulted with the previous version of the plan.
He complimented the church for the changes. He said he was glad to see that the
existing garage was being retained.
Eleanor Steele, 311 Fairchild Street, said she is bothered to see that more paving is to
occur in a historic neighborhood after the neighborhood had worked very hard recently
to downzone and protect the character of the neighborhood. Steele asked that real
care be used in determining the landscape plan. Steele is also concerned that a portion
of the parking area will be directly across from North Market Park and hopes the
congestion of parked cars will be screened from those trying to enjoy the park. Steele
said she is sorry to see this type of development once again occurring in the
neighborhood.
Public hearing closed.
MOTION: Brandt moved to approve EXC95-0019, a request for four special
exceptions that will permit a parking area to be constructed by St. Wenceslaus Church
in the southeast quadrant of the Johnson Street and Fairchild Street intersection: 1 )
expanding a religious institution use by constructing a parking area as shown in the
site plan file stamp dated August 29, 1995, 2) reducing the front yard setback from
20 feet to seven feet for the 115 foot length of the parking area along Fairchild Street,
3) modifying the screening requirements for the parking area in accordance with the
landscape plan file stamp dated September 5, 1995, and 4) reducing the west side
yard requirements for the St. Wenceslaus parsonage from 49 feet to 21 feet for the
45-foot length of the parsonage, subject to the stipulation that external illumination of
the parking area will be shielded, downcast and located in such a manner that
illumination from the source of the light will not exceed one and one-half foot candles
at the lot lines of the property, and subject to a lot line adjustment made via a recorded
plat of survey to create a legal, conforming lot for the duplex located at 608-610
Davenport Street. Lehman seconded.
Brandt thanked the church for addressing the issues the Board was concerned with at
the last meeting. Brandt said he is sensitive to the fact that St. Wenceslaus Church
has been located within a residential neighborhood for a very long time. He said he
Board of Adjustment
September 13, 1995
Page 4
understands the concern about residential structures being replaced by parking lots,
but this request appears to be a reasonable effort to minimize the impact of the parking
area on the neighborhood. He said he appreciates the fact that the viability of the
duplex is maintained better than with the original plan.
Haigh complimented the church and City staff for reaching a better proposal than the
first time around, Haigh said he can accept the proposal more readily due to the fact
that no structures currently exist on the site and no additional structures will be torn
down. Haigh also appreciates the revisions to the landscape plan to minimize the
impact of the parking lot on neighboring properties, including North Market Park.
Lehman said he agrees with approving the parking plan for all the reasons stated by
Brandt and Haigh. He noted that the Board considers landscaping to be an important
part of the church's proposal for a parking area.
Bender said the requested yard modifications seem substantial in quantitative terms,
but are reasonable in terms of their actual impacts. She felt the intent of the zoning
ordinance would be met. With regard to the landscaping, Bender said the screening
of vehicles needs to be balanced with the concern for public safety. She felt this
balance had been reached in the plan. Bender felt the proposed landscape plan was
very nice. She said the revised parking area plan combined with the proposed
landscaping minimizes the impacts of the parking area so that it should not result in
a substantial change to the neighborhood.
Eckhardt said she agrees with her colleagues. She said there were many things to
balance in the proposal. The parking is needed for St. Wenceslaus Church to be able
to stay in the neighborhood. Although she regretted having any additional paving in
the neighborhood, she pointed out that no structures were being removed as a result
of the parking area, and the Davenport Street frontage would be unchanged. She felt
a good balance had been reached that took all factors into consideration.
The motion carried on a vote of 5-0.
EXC95-O021. Public hearing on a request submitted by John A. and Ada L. Streit for
special exceptions to permit a restaurant greater than 2,500 square feet in size, and
to modify the parking requirements for property located in the CN-1 zone at 200 Scott
Court.
Kugler said this is a request for two special exceptions for property located in the CN-1
zone at 200 Scott Court. The first is to allow a restaurant in excess of 2,500 square
feet, and the second is to modify the parking requirements to allow the installation of
more parking than is permitted, in this case 46 parking spaces rather than the
permitted 20 spaces.
In regard to how the request pertains to the specific standards of the CN-1 zone,
Kugler said the CN-1 zone is intended to be a small scale, commercial district which
targets the immediate, surrounding neighborhood for most of its business. There is an
emphasis on pedestrian modes of transportation and circulation to provide an
alternative to residents driving their automobiles. Businesses with larger market areas
Board of Adjustment
September 13, 1995
Page 5
are more appropriate for regional type commercial zones. e.g. the CC-2, CB-5 and CB-
10 zones.
Regarding restaurants, Kugler said the City Council amended the CN-1 zone last year
to permit small restaurants (2,500 square feet or less) as provisional uses, and to
require approval of a special exception for any restaurant larger than 2,500 square
feet, provided that the total floor area allocated to restaurant uses does not exceed
20% of the total commercial floor area within a CN-1 district. The rationale behind the
need for special exception approval of larger restaurants is due to the potential for
larger restaurants to bring more traffic into the neighborhood and create negative
impacts on the neighborhood as a result. Staff research indicates that the proposed
restaurant is at the upper threshola of what might be appropriate for the CN-1 zone,
provided that the site is carefully designed to minimize the impact on the surrounding
area. Staff, however, does not feel care has been taken in the present proposal to
minimize these impacts on the surrounding neighborhood, and suggests that a more
intensive commercial zone would be more appropriate for the business.
Kugler said parking is a major concern of staff. In an effort to avoid excessive paving,
parking requirements were recently reduced by one-third for most uses in the CN-1
zone, with a maximum cap of 110% of the required parking put in place. In this case,
18 spaces would be required for a 4,000 square foot restaurant, 20 spaces would be
the maximum. The present site plan exceeds this upper limit by over 150%. In
researching this issue, staff found that existing parking areas in other small commercial
zones throughout Iowa City were rarely over 40% occupied. This was the rationale
behind the reduction in the required parking. Therefore, the reduction in the parking
requirements with a maximum cap, and more flexible shared parking provisions were-
adopted. Even by the original standard, only 30 spaces would have been required,
therefore, staff feels the amount of parking shown in the site plan is excessive for the
CN-1 zone.
Kugler said pedestrian and bicycle connections are required within the CN-1 zone to
provide opportunities for alternative modes of transportation. To attempt to meet the
intent of the zone, therefore, pedestrian and bicycle amenities are sought. No such
amenities were included in the proposal submitted by the applicant. Kugler said
evergreen screening is required along the north edge of the site, but is not shown on
the site plan.
Kugler said staff recommends that EXC95-0021, a request for approval of special
exceptions to allow a restaurant in excess of 2,500 square feet (4,000 square feet)
and to allow parking in excess of the maximum permitted (46 versus the permitted 20)
for property located within the CN-1 zone at 200 Scott Court, be denied.
Public hearing:
John A. Streit, 1512 First Avenue N, D-203, Coralville, passed out a letter dated
August 22, 1995. Streit also passed out letters from local residents who are in favor
of the proposal. Strait said he is willing to meet all the conditions stated in the staff
report, including downcast lighting, contiguous pedestrian and bicycle access routes,
and the elimination of parking space number 12 to provide a drive to the adjoining lot,
although the lot may not be developed for over two years. But Strait said he has
Board of Adjustment
September 13, 1995
Page 6
disagreement with staff in regard to the building size and the amount of parking. Streit
related that the ConIon dental office in this CN-1 zone is 3,600 square feet, and the
dance studio is 7,O00 square feet. Streit said the lot he intends to build on is 32,540
square feet, with a building of 4,000 square feet. Streit said the parking requested is
needed for a restaurant of the size he wishes to build.
Regarding traffic and the impacts on the surrounding neighborhood, Streit said Scott
Boulevard has more semi traffic than any place in town. Streit said he is at his wits
end trying to understand what is expected of him. Eckhardt explained how the CN-1
zone differs from the typical commercial zone in scale and intent. Eckhardt said she
looked at the site and felt it should have adequate space to provide sufficient parking,
if the restaurant is built to a size intended for a CN-1 zone. Streit said he would need
a restaurant the size of the proposed building to provide adequate seating to turn a
profit, when purchase of the land and constructing a new building are considered. In
regard to the customer base, Streit feels that most of the residents in the surrounding
area do not currently heavily utilize pedestrian and bicycle modes of travel, and this is
not likely to change. Streit said 65-70% of his clientele are above the age of 50, most
all of whom live on the east side of town and drive vehicles to get to the restaurant.
Streit said in his current location on Iowa Avenue, he loses 70-100 customers a day
due to the lack of parking spaces. He had hoped with the new building that he would
be able to serve all those who wished to dine there. Streit said he wants to make
something work, because it is the best site available in town.
Dick Braverman, 1005 River Street, said he works for Hawkeye Food Systems and has
done business with Streit for some 15 years. Braverman said he is fully aware of the
plight Streit is in with the current restaurant in terms of space. Braverman said the
City is asking Streit to accept limited growth. He felt the City was headed in the
wrong direction if this is the intent. Braverman said there is a definite need on the
east side of Iowa City for this type of endeavor and product. Braverman said a
correlation exists between this proposal and the St. Wenceslaus proposal, as not
enough parking is provided on site so the people go elsewhere. Braverman said some
day the same situation is going to occur on the proposed site and asked whether the
zoning will then change to address these needs. Braverman said it is unfair to keep
someone who is able to provide steady capital to the area from doing so.
Dan Glasclow, 154 Buresh Avenue, said he has been a customer of Streit's for 20
years and sympathizes with Streit's predicament. Glasgow said Streit will need the
space and parking if he is to be successful. Glasgow said without the parking, people
will park in the Conion dental office lot.
Donald ConIon, 373 Scott Court, who has a dental practice in the vicinity of the
proposed site, addressed a comment made by Steve Kohli, that "at some time, the
Planning and Zoning Commission arbitrarily changed the requirements for the CN-1
zone and that properties are allowed to utilize parking available in adjacent sites, if
needed." Conion said he just found out about the current proposal and had just
submitted a letter. He said he is adamantly opposed to any type of shared parking
arrangement. ConIon said he objects to the Board, or any other group, arbitrarily
changing the original requirements and saying what he must do with his property.
Board of Adjustment
September 13, 1995
Page 7
Kugler responded there may have been some miscommunication in that the City is
seeking cooperation to achieve shared parking arrangements among adjoining property
owners during times of peak volume, not at all times. Kugler said the City certainly
had never stated that people can park in another lot without the consent of that
property owner. Kugler related studies that indicate that in normal business
circumstances in the existing CN-1 zones, rarely over 40% of parking spaces are used.
Kugler noted that provisions for shared parking arrangements are in place in some
other zones. ConIon still objected to the idea.
Steve Kohli, 3129 Dubuciue Street, owner of the property at 313 Scott Court,
appreciated the special exception granted for his property. He said he is in favor of the
concept of the proposed restaurant in the area, Kohli said the site in question is near
his dance studio site, He felt the restaurant would be good for the neighborhood and
his business,
Kohli apologized to Kugler for any misunderstanding that may have resulted from his
discussions with ConIon regarding shared parking arrangements. Kohli said he would
be willing to work with Streit regarding shared parking on his site. Kohli said he can
certainly understand Conlon's objection due to the investment involved. Kohli said he
can also understand if parking is not available on-site, the potential customer may go
where the parking is available. He felt this was certainly the case with the restaurant
being proposed.
Public hearing closed.
iVlOTlOl~l: Brandt moved to approve EXC95-0021, a request submitted by John A.
and Ada L. Streit for approval of special exceptions to allow a restaurant in excess of
2,500 square feet |4,000 square feet) and to allow parking in excess of the maximum
permitted (46 versus the permitted 20) for property located within the CN-1 zone at
200 Scott Court. Lehman seconded.
Lehman said he likes the idea of a restaurant on this side of town and would like to
make this proposal work. Lehman felt that 20 spaces would not be sufficient.
Brandt said the issue should not be whether there should be a restaurant, but whether
the proposal is appropriate for the zone. He felt there had been a fair amount of
moving away from what the zone is meant to be with the approval of the dental office
and the dance studio, Brandt was concerned that the scale and amount of parking
exceeds the intent of the zone. The amount of parking requested indicated a fairly
wide customer base. Brandt said the pedestrian access would also be desirable, and
is a policy the City wants to promote. He did not wish to set a precedent just because
a restaurant would be desirable. Brandt said this is different from St, Wenceslaus in
that it is a new business that knows upfront what is expected and required in the CN-1
zone. Whereas, St, Wenceslaus has been long established within a neighborhood,
where the zoning has changed over time. Brandt said he could not support this
request.
Haigh said he tended to agree with Brandt regarding the proposed size of the
restaurant being in conflict with the intent of the CN-1 zone. Although he would like
to see the restaurant work in this area, he said a CN-1 zone is designed for local
Board of Adjustment
September 13, 1995
Page 8
m
traffic. He said the Streit proposal would create more traffic than this area ~s designed
to handle,
Bender said personalities are not part of the Board's decision. She said she is aware
of the need for a restaurant in this area, but she felt the Board must uphold decisions
made in zoning to protect the neighborhoods. Bender said a large restaurant would
draw from more than the surrounding neighborhood. Bender said she agrees that the
restaurant would be a nice amenity there, but would Like to see the plans scaled down
to meet more adequately the intent of the zone. She said there were alternative
locations for large restaurants. She said she could not vote in favor of the request, as
presented.
Eckhardt agreed with her colleagues. She said there are commercial zones where this
size restaurant would be acceptable, including the CC-2 zone in the Towncrest area.
She noted the access street is a cul-de-sac, not a through street. It was not designed
for large businesses that generate a great deal of traffic. She said the Board cannot
and should not, in effect, change the zoning of an area through its decisions. The
Board assesses each case according to the way the property is zoned and in relation
to the surrounding zoning. She reiterated the intent of the zone and said she will
oppose the motion.
The affirmative motion failed on a vote of 1-4, with Lehman voting yes.
Bruce Glasgow approached the podium and said he can now add the restaurant to the
list of five doctors, two dentists, three psychiatrists, and the Eagle supermarket that
have all been turned down by the City in this CN-1 zone. Glasgow said the City is
driving businesses and residents out of town in droves with its screwy zoning and
regulations. Glasgow said he can't leave, however, because he is owner of too much
property that he must deal with.
EXC95-0022. Public hearing on a request submitted by All Nations Baptist Church for
a special exception to expand a religious institution for property located in the RS-5
zone at 1715 Mormon Trek Boulevard.
Rockwell said the applicant had requested a deferral of this request to the October 11,
1995, meeting of the Board of Adjustment.
Public hearing:
There was none.
Public hearing closed.
MOTION: Haigh moved to defer EXC95-0022, to the October 11, 1995, meeting of
the Board of Adjustment. Bender seconded. The motion carried on a vote of 5-0.
EXC95-0023. Public hearing on a request submitted by the Johnson County
Department of Human Services and the Johnson County Board of Supervisors for a
special exception to permit a child care facility to be located in the RS-8 zone in the
First Mennonite Church at 405 Myrtle Avenue.
Board of Adjustment
September 13, 1995
Page 9
Rockwell said this is a request for a child care facility for up to fifty children to be
located in the Mennonite Church at 405 Myrtle Avenue. 4C's would staff the center
for homeless or near homeless children, Monday through Friday from 7:00 a.m. to
6:00 p.m., with children being cared for between 7:30 a.m. and 5:30 p.m.
Rockwell said the applicants anticipate up to 11 children will use the facility in the first
year, and hope this pilot project will be successful. Eventually, they would like to
accept up to fifty children. As pointed out in the staff report, the play area is to be
approximately 900 square feet in the beginning, which should work well with up to 11
children. At some point, however, the play area will likely need expansion. There is
ample space on the grounds for this expansion and the applicant has noted a
willingness to comply with this request,
Rockwell said another standard states that the play area will be enclosed or protected,
well drained, free from hazards, and readily accessible. When the Church constructed
the addition last summer, the play area was filled and graded to create a level, well-
drained site. The fourth standard requires that there be 35 square feet of accessible,
usable interior floor space per child, excluding kitchens, bathrooms and halls. Rockwell
said the applicant will be able to meet this requirement as they have access to all of
the classrooms and the congregational meeting space under the sanctuary. The square
footage of the classrooms alone is 2,500 square feet, and only 1,750 square feet of
floor area is required for fifty children. Rockwell said the applicants have demonstrated
their ability to comply with the additional regulations for establishing a child care
facility in the RS-8 zone.
Rockwell said the welfare of the community should benefit from a facility to care for
homeless or near homeless children that provides an opportunity for the parents to look
for work and/or acquire education or job training. The neighboring property owners
should not be adversely impacted by the facility. Nearby residential properties will be
buffered from the outdoor activities not only by the extensive landscaping on the
grounds of the church, but by the intervening street rights-of-way and the railroad
right-of-way. More than sufficient on-site parking will be available for the facility and
church uses combined.
Rockwell said staff recommends approval of EXC95-0023, a special exception to
permit a child care facility for up to 50 children for property located in the RS-8 zone
at 405 Myrtle Avenue.
Public hearing:
Sandy Kuhlmann, 1030 Collecle Street, said she is the Director of the proposed 4C's
facility. Bender had a question about the arrow on the site plan which is labeled
"remove."
Ro.qer Ginqerich, 2035 Abbey Lane, moderator for the church, said the church had
been involved for about a year in a previous 4Cs endeavor, called Harmony Child Care.
Gingerich said he does not understand how an exception process for that facility was
bypassed, but said the remove arrow refers to the removal of the fences for the
fenced-in play area when the previous childcare program moved to another location.
Board of Adjustment
September 13, 1995
Page 10
A new play area will be constructed in the same location, although some grading has
occurred to improve the grounds.
In response to questions from Haigh, Kuhlmann said the child care program for
homeless children is a new program; it doesn't exist now. With the grant for the pilot
project, they have enough funding for up to 11 children for the first year. She said
they may actually have fewer than eleven children,
Public hearing closed.
MOTION: Bender moved to approve EXC95-0023, a special exception to permit a
child care facility for up to 50 children for property located in the RS-8 zone at 405
Myrtle Avenue. Haigh seconded.
Bender commended 4Cs, the church and the County for working together to make this
endeavor a reality. Bender said as a former director of DVIP, she intimately under-
stands the needs of these children and their parents. Bender added that as no
neighbors have spoken in opposition to the proposal, apparently they understand the
need as well and do not see the proposal as a detriment to the neighborhood.
Lehman said it is a good cause and he will vote in favor.
Brandt said it is fortunate such a large space is available. He noted no exterior
modifications to the building were required. He said he appreciates the cause and
effort to serve the homeless; to help the parents as well as children. Haigh and
Eckhardt agreed with the reasons for approval stated by the other Board members.
The motion carried on a vote of 5-0.
EXC95-O024. Public hearing on a request submitted by Gary Fitzpatrick for a special
exception to permit parking on a separate lot for property located in the CB-5 zone at
521 S. Gilbert.
Rockwell said the applicant requests a special exception to provide three parking
spaces in a lot located directly west of the 521 Gilbert Street property. Fitzpatrick
recently renovated the M.T. Close Flaxseed Warehouse to expand the adjacent
business on the ground floor and basement levels, and create four two-bedroom
townhouse apartments on the second and third floors. At the start of the renovation
project, the building was registered on the National Register of Historic Places and
parking was required only for the residential units on the property. Six parking spaces
were required, three spaces of which were exempted because of the National Register
of Historic Places designation and three were covered by a parking impact fee. Due
to the change in the historic character of the building as a result of the renovations,
the structure was officially de-listed from the National Register of Historic Places,
effective August 15, 1995. Because of the de-listing, the applicant must now provide
for the previously exempted three parking spaces.
Rockwell said when considering this type of special exception, the Board needs to look
at the desirability of the off-street parking on a lot separate from the lot served, in
terms of vehicular and pedestrian traffic safety, and any detrimental effects such off-
Board of Adjustment
September 13, 1995
Page 11
street parking may have on adjacent properties. Because the building essentially
covers the entire property, on-site parking is not a practical suggestion. The proposed
off-street parking would be about 55 feet west of the residential units to the west of
the building, Stairs are located almost directly across from the residential entrance and
would provide access to the 67 space parking area, which is at a lower elevation than
the City's intervening Maiden Lane parking area. There is lighting along the west edge
of the Maiden Lane parking area that would adequately serve the residential parking
if it is located on the east edge of the proposed off-site parking area. Staff recom-
mends that signs be posted reserving spaces for residential use on the east edge of the
parking area.
Rockwell said one of the requirements for parking on a separate lot is the need for
submittal of a written agreement that assures retention of the parking spaces for as
long as they are needed. Fitzpatrick has submitted a lease agreement and Anne
Burnside, First Assistant City Attorney, has confirmed that the lease agreement meets
the intent of the ordinance. Burnside, however, would like some assurance that the
option to renew the lease has been exercised. Rockwell said an additional condition
will be added to the staff recommendation as a result, Rockwell said sufficient parking
is available to serve the businesses that share the lot and no spill-over parking should
occur as a result of the reservation of three residential parking spaces in the off-site
parking area.
Rockwell said staff recommends that EXC95-O024, a special exception to permit three
of the six off-street parking spaces required for the residential units at 521 S. Gilbert
Street to be provided in the parking area located immediately west of Maiden Lane and
north of Prentiss Street be approved, subject to installation and maintenance of signs
reserving three parking spaces on the east edge of the off-site parking area for use by
residents at 521 S. Gilbert Street, and written documentation that the option to renew
the parking area lease agreement has been exercised.
Brandt and Haigh asked for clarification of the parking arrangement in the area and the
parking impact fee, respectively. Eckhardt asked for clarification concerning the
National Register parking exemption. Rockwell responded that the required parkingfor
the businesses using the off-site parking area is more than met in the 67-space area.
She explained the regulation for paying a parking impact fee to provide funding for a
future City parking ramp in lieu of providing on-site parking. Rockwell noted that the
CB-5 zone allows an exemption of up to 50% of the required parking when a building
listed on the National Register of Historic Places is involved. Eckhardt said she
regretted that the renovations had resulted in the de-listing of the historic property.
Public hearing:
Gary Fitzpatrick, 411 South Summit Street, said that he had frankly forgotten about
the parking exception that resulted from the National Register designation, and did not
· consider this when renovations began.
Robert Donnellv said he is a tenant of a business adjacent to and north of 521 South
Gilbert Street. Donnelly requested clarification as to where the parking spaces
requested by Fitzpatrick are to be located. Donnelly had no objection once the location
on a separate lot away from the building was pointed out.
Board of Adjustment
September 13, 1995
Page 12
Public hearing closed.
MOTION: Brandt moved to approve EXC95-0024, a special exception to permit three
of the six off-street parking spaces required for the residential units at 521 S. Gilbert
Street to be provided in the parking area located immediately west of Maiden Lane and
north of Prentiss Street, subject to installation and maintenance of signs reserving
three parking spaces on the east edge of the off-site parking area for use by residents
at 521 S. Gilbert Street and written documentation that the option to renew the
parking area lease agreement has been exercised. Bender seconded.
Haigh commended Fitzpatrick for the improvements to the building, and the City for
improvements to Maiden Lane. Haigh had no problem with the provision of parking on
a separate lot so long as everything is documented as recommended by legal staff.
Brandt said the overall impact of the proposed parking on a separate lot will be
relatively small. He said it was unfortunate that the property is no longer listed on the
National Register of Historic Places. Nevertheless, Brandt said he will support the
special exception request.
Lehman said Fitzpatrick had done a wonderful job on the building. The building was
in pretty bad shape. He felt the building is now in far better condition. Lehman said
he will support the request for parking on a separate lot.
Bender said the impact to the area is minimal. She said she will support the requested
exception with the conditions for signage and for resolving the legal questions.
Eckhardt agreed with the reasons for approval stated by the other Board members.
The motion carried on a vote of 5-0.
EXC95-0025. Public hearing on a request submitted by Steve van der Woude for a
special exception to permit a front yard modification for property located in the RS-8
zone at 519 Brown Street.
Rockwell said this is an exception to allow a porch to be constructed closer to the
Brown Street right-of-way than is permitted under the setback requirements of the RS-
8 zone. Photographs submitted by the applicant show how the residence appeared at
the turn of the century, and how it appears today. Over time the front porch was
enclosed and the roof line altered to create more interior living space, but the
remodeling process masked the historic character and architectural integrity of the
home.
Rockwell said the applicant proposes to restore the house to reflect more of its historic
character. Because the front porch will encroach into the required front yard setback
area, a special exception to modify the yard setback is needed. On the south side of
the 500 block of the Brown Street frontage, the required front yard setback is 15 feet.
The existing structure is set back only 13 feet from the right-of-way, and the porch as
designed would be set back 5 1/2 feet for its twenty-foot length.
Board of Adjustment
September 13, 1995
Page 13
Rockwell said the peculiarity of the situation may be in trying to apply standard
setbacks for this older area of the community. In historic neighborhoods where houses
are set closer to the street than are now permitted by Code, and most of the homes
have front porches, compliance with the setback requirement may make the structure
incompatible within the Brown Street context. The encroachment is substantial at
31.6%, but the effect is not obtrusive in qualitative terms and will be compatible with
nearby residential structures. The extra wide, 80-foot Brown Street right-of-way also
serves to off-set the appearance of encroachment.
Rockwell said the proposed renovation of the residence, including the addition of a
front porch, will upgrade the property and will restore the historic and architectural
appeal of the structure. The change should result in a general positive effect on
neighboring properties.
Rockwell said given the overall positive benefits of the request, staff recommends
approval of EXC95-0025, a special exception to reduce the front yard requirements
from 15 feet to 9.5 feet for the 20 foot length of the porch for property located in the
RS-8 zone at 519 Brown Street, subject to the applicant receiving an approved
certificate of appropriateness from the Iowa City Historic Preservation Commission.
Rockwell said the Historic Preservation Commission had conducted a preliminary
review of the proper~y at its meeting of September 12, 1995, and will hold a special
meeting next Tuesday to make a recommendation on the proposed renovations.
Rockwell said it is her understanding that the Historic Preservation Commission felt the
porch may be too large and/or inappropriately designed for the architectural style of
the residence and may ask to have the plans scaled back. She noted this could be
done within the limits stated in the recommendation for approval.
Public hearing:
There was none.
Public hearing closed.
MOTION: Haigh moved to approve EXC95-0025, a special exception to reduce the
front yard requirements from 15 feet to 9.5 feet for the 20 foot length of the porch
for property located in the RS-8 zone at 519 Brown Street, subject to the applicant
receiving an approved certificate of appropriateness from the Iowa City Historic
Preservation Commission. Brandt seconded.
Brandt said it appeared from his viewing of the site that the proposed porch would
encroach the closest to the street of any other property, albeit not by much. He said
he would accept any design recommendations the Historic Preservation Commission
should make, so long as the encroachment is no closer to the street.
Haigh said the present structure appears to be out of character. He thought the
proposed renovations would change the structure so it is closer to its original
appearance and more in line with surrounding structures. He said the large evergreens
in front of the house extend to the point were the porch would be. He felt there would
be no great change to the visual effect of encroachment by having the porch instead
Board of Adjustment
September 13, 1995
Page 14
of the overgrown shrubs. Haigh said as no one had spoken in opposition, he sees no
reason to oppose the request.
Eckhardt said she is concerned about the proximity of the porch to the street, although'
neighboring structures have a similar proximity. Eckhardt felt the Secretary of Interior
Standards do not favor adding a 19th century porch design in the 20th century, but
said she would defer to the Historic Preservation Commission's judgement on this
matter.
Lehman said the renovations will improve the appearance of the house. Bender agreed
with the other Board members and the staff recommendation. She noted the extra
wide Brown Street right-of-way offsets the impact of the porch being set closer to the
right-of-way.
Rockwell pointed out that the applicant has said that the porch will not encroach any
closer to the right-of-way than the neighboring property to the east.
The motion carried on a vote of 5-0.
VARIANCE ITEM:
1. VARg5~O003. Public hearing on a request submitted by the Iowa City Airport
Commission for a variance from the flood plain regulations for property located in the
P zone at 1801 S. Riverside Drive.
Rockwell said this request has been withdrawn at the request of ~he applicant.
MOTION: Haigh moved to withdraw VAR95-O003, a request fur a variance from the
flood plain regulations for property located in the P zone at 1801 S. Riverside Drive.
Eckhardt seconded. The motion carded on a vote of 5-0.
BOARD OF ADJUSTMENT INFORMATION:
Rockwell noted that Council Member Throgmorton had complimented the Board for its
resolution of difficult issues concerning the 503 Melrose Avenue proper~y.
OTHER BUSINESS:
There was none.
ADJOURNMENT:
IVIOTION: Haigh moved to adjourn the meeting at 6:17 p.m. Brandt seconded. The motion
carried on a vote of 5-0.
Pa~ricia Eckhardt, Board Chairperson
Board of Adjustment
September 13, 1995
Page 15
Melody Rockwell, Board Secretary
Minutes submitted by Jeff Haring
SIGN IN SItEST
IOWA CK1T BOARD OF ADJUSTMENT MEETING
WEDNESDAY, S~ER 13, 1995 - 4:~0 P.M.
ClVlC CENTER COUNC1L CHAMBERS
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9.
Addres~
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12.
14.
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