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HomeMy WebLinkAbout04-13-2006 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING THURSDA ~ Apri/13, 2006 - 5:00 PM EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Consider the March 8, 2006 Minutes D. Special Exceptions 1. EXC06-00005: Discussion of an application submitted by Viktor Tichy for a special exception to the establishment of a daycare center serving up to 30 children and to reduce the minimum 5-foot setback requirement for parking in the side yard along the alley for property located in the Low Density Single-Family Residential (RS-5) zone at 1020 Kirkwood Avenue. 2. APL06-00002: Discussion of an application submitted by S&J Development for an appeal of the City's determination of a stream corridor on property located in the Rural Residential (RR1) zone and Interim Development Single Family Residential (IDRS) zone west of Rohret Road and north of Slothower Avenue. 3. EXC06-00003: Discussion of a request to reconsider an application submitted by First Presbyterian Church for a special exception to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single- Family Residential (RS-5) zone at 2701 Rochester Avenue. E. Other F. Board of Adjustment Information G. Adjournment NEXT BOARD OF ADJUSTMENT MEETING -May 10, 2006 To: Board of Adjustment Item: EX06-0000S 1020 Kirkwood Ave. GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Applicable Code requirements: STAFF REPORT Prepared by: Sarah Walz Date: April 13, 2006 Viktor Tichy 1203 Sheridan Avenue Iowa City, Iowa Phone: 319-3S4-299S Approval of a special exception to permit a daycare center in the Low- Density Single Family (RS-S) Zone and to reduce the S foot minimum side setback requirement for a parking area in a residential zone. To allow establishment of a daycare center in a single family home at 1020 Kirkwood Avenue. 1020 Kirkwood Avenue .1 acre (12,000 square feet) Single-family residential; RS-S North: South: East: West: Residential; RS-S Residential; RS-S Residential; RS-S Residential; RS-S Residential 14-2A-2, Daycare centers permitted by special exception in the RS-5 zone; 14-4B-4D-6, approval criteria for daycare uses; 14-2B-6C, Location and Design Standards for Surface Parking; 14-5A-4 Minimum Parking Requirements and 14-5A- S, Parking Construction and Design Standards; 14-4B-3, general standards for special exceptions. File Date: March 1S, 200S BACKGROUND: Iowa's City's Zoning Ordinance allows the location of daycare facilities within residential zones in two ways. First, as an accessory use called childcare homes. A childcare home is a facility in which childcare is provided within the owner/operator's primary residence. Thus the childcare business is accessory to the primary use of the property as a residence. Childcare homes may serve up to 1S children and are permitted in all residential zones without a special exception. The second option is a childcare center. In this situation childcare is the principal use for the property in that the owner/operator does not live on site. Childcare centers . provide supervision for 12 or more children and are permitted in all residential zones by special exception. By allowing daycare facilities to locate throughout the city and in a variety of zones our community encourages diverse, affordable and accessible childcare. Both childcare homes and childcare centers must meet certain standards spelled out in the Zoning Code. Above and beyond the requirements of the Zoning Code, childcare facilities must also meet additional requirements set by the state. To be granted a special exception, Childcare Centers must meet a set of general criteria, which are required for all special exceptions, as well as additional requirements set forth in the specific approval criteria for Daycare Centers. The original application submitted by Mr. Tichy was for a childcare center serving up to 48 children. Staff reviewed that application and raised concerns about the intensity of use-that is the number of children appropriate for this site. In response to those concerns as well as significant concern among the neighbors, Staff encouraged the applicant to scale back his plan for the childcare center. The application now before the Board seeks approval for a special exception to allow establishment of a daycare center serving up to 30 children in the Low-Density Single Family (RS-S) Zone with an additional special exception to reduce the side setback requirement from S feet to 3 feet for parking areas located in a residential zone. The proposed childcare center would operate only on weekdays, Monday through Friday, from 7 AM until S:30 PM. ANAL YSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the city, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations found in Section 14-4B-4D-S, pertaining to Daycare Uses, and the general standards for special exceptions as set forth in Section14-4B-3. Specific Standards: 14-48-40-6 (page 195), Special Exceptions: Oaycare Uses. This section of the Zoning Code specifies that childcare centers must contain at least 3S square feet of usable interior floor space per child, excluding reception areas, kitchens, storage areas, offices, bathrooms, hallways, etc. A center for 30 children would require a minimum of 10S0 square feet. The applicant's proposed site plan provides more than 1300 square feet. In addition, the childcare facility must provide a fenced outdoor play area of not less than 100 square feet per child based on the maximum number of children who will be using the play area at any given time. The proposed site plan provides approximately 1S00 square feet of outdoor play area, enough for 1S children to play at any given time. In addition, outdoor play areas must be completely enclosed by a 4-foot high fence. The applicant's site proposal includes a 4-foot picket fence at the north and west boundaries.as well as a 6-foot solid wood fence along the shared property line on the east side. The specific criteria for childcare centers also indicate that facilities serving more than 16 children have access to a street with paving wider than 28 feet. Kirkwood Avenue is an arterial street and thus exceeds the 28-foot minimum. In addition, the drop off/pick up area for the use must be designed to allow for sufficient stacking spaces located in proximity to the main entrance. To promote safe vehicular circulation, one-way drives are encouraged. Access to this site would be provided along an 18-foot wide right-of-way (existing gravel alley is narrower) that connects Kirkwood Avenue to Walnut Street. Staff recommends that the applicant be required to pave and maintain the entire length of the north-south alley. This would include providing snow removal. The proposed site plan indicates 6 parking spaces along this alley and a two stacking spaces to allow for drop off and pick up for parents and children. These meet the minimum parking requirements indicated in the Code. Because the proposed child care center is located in the RS-S zone it is subject to the multi-family site development standards. Those standards indicate that parking areas may not be provided within the side setback. In the RS-S zone "other uses" require a side setback of S feet. All parking for the proposed center will be located on the west side of the property, adjacent to the north-south alley. The site plan shows only a three-foot side setback. Based on the Off-Street Parking and Loading Standards, 14-SA-SE-2 (page 244), a 5-foot side setback is required in order to allow space for screening abutting properties from parking areas. Because the side yard of this property abuts the alley rather than an adjacent property, Staff believes the reduction in the side setback for parking is reasonable. Pedestrian access must be constructed to connect the main entrance of the center to the adjacent right-of-way and pedestrian access must be clearly separated or distinguished from vehicle areas. The site plan shows a pedestrian connection from Kirkwood Avenue to the main entrance, on the west side of the building. General Standards: 14-48-3, Special Exception Review Requirements. The applicant's statements regarding each of the general standards are attached. Staff comments are offered as needed and correspond to the standards as enumerated in the Zoning Ordinance. a. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The applicant has made a significant effort to preserve the residential character of the property, including preservation of the existing trees along the alley and has designed the childcare site in order to he visually compatible with the neighborhood. Only one of the trees along the alley would be removed to accommodate stacking spaces for pick up and drop off. Screening and fencing around the outdoor play areas should provide a buffer from the increased noise generated by the outdoor play area. Improvements made to the alley will accommodate vehicle circulation and minimize dust. The applicant meets the minimum requirements for staff parking and client loading and unloading. However, Staff remains concerned about the affect that intensity of use-that is the capacity of the childcare center-will have on the alley. The applicant has not provided information regarding the demand for parking or loading/unloading or how the childcare center might impact traffic on Kirkwood Avenue or circulation on the alley. Information from the Institute of Transportation Engineers Trip Generation Manual indicates that an average daycare center generates 4.5 vehicle trips per day per child. For a daycare center serving 30 children that is 135 trips per day. There is no parking allowed along Kirkwood Avenue and Summit Street, which means most clients will access the site via the alley. Most of the daycare traffic will occur in the early morning and late afternoon, coinciding with peak traffic on Kirkwood and Summit. Because Kirkwood is an arterial street, cars waiting to exit onto Kirkwood may create congestion on the alley, which has limited turn-around potential. Congestion along the alley may alter the private character of the established residential neighborhood. Congestion will also have some effect on neighboring residents. The alley provides the only access to garages and parking areas for residents of neighboring properties along Kirkwood and Summit. Moreover, the applicant has proposed a daycare that encourages parents to attend with children and participate as or with staff. The applicant has not provided information on how this aspect of the daycare would affect parking demand or the number of vehicle trips to the site per day. b. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The Zoning Code supports the location of childcare facilities within residential zones. The applicant has not provided information to substantiate claims that the proposed childcare center will enhance livability of the neighborhood. The noise generated by a childcare facility may potentially affect neighboring properties. These negative affects are mitigated by screening and fencing around the outdoor play area. Because the daycare center operates only during weekdays during working hours, it is less likely to be to be detrimental to the enjoyment of neighboring properties. To assure the appearance of the property remains compatible with the surrounding residential neighborhood. staff recommends that the building be required to retain its residential exterior appearance. c. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The surrounding residential properties are already fully developed, therefore this special exception will not be contrary to this standard. d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate utilities, access and drainage are in place to serve a childcare facility at this site. Staff has recommended and the applicant has agreed to pave the entire length of the north-south alley that will provide access to the proposed child care center. e. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The applicant has made a substantial effort to design the childcare center in order to have minimal impact on the neighborhood. Improvements made to the alley will be adequate to support vehicle circulation, staff parking, and client unloading and will provide safe access to the site. Because there are alternative routes to the site, via Summit and Walnut, staff does not feel that the level of additional traffic traveling to this site will over-burden Kirkwood Avenue. However, Staff remains concerned about the effect that this level of traffic will have on the alley. While reaching the site via the alley from Walnut Street is preferred, vehicles will have limited ability to turn and vehicles waiting to exit the alley onto Kirkwood may create congestion in the alley at peak times. Given the concerns about traffic in the alley, staff recommends limiting the scale of the daycare center in order to limit the number of required employees. This will free up the planned employee parking spaces on site for vehicle loading and unloading and should help to minimize congestion and illegal parking in the alley. The applicant will be required to construct additional parking as spec1fied in his site plan. f. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. With the exception of the side setback requirement for parking, the proposed childcare center complies with all other dimensional requirements for daycare facilities located in residential zones. Because the side setback requirement for parking areas in residential zones is intended to buffer abutting properties from paved parking areas, and the proposed parking areas abutthe alley, Staff believes this reduction is a reasonable request. g. The proposed use will be consistent with the short-range Comprehensive Plan of the City. While the Comprehensive Plan does not specifically refer to childcare facilities, it does encourage the location of some commercial amenities as well as schools and other institutional uses that provide social services in residential zones. Staff believes that the location of daycare facilities of the appropriate scale in residential zones is consistent with this goal. SUMMARY While the zoning code supports the location of childcare facilities within residential zones, the establishment of any such facility must be done with careful consideration in order to preserve the integrity and character of the existing neighborhood. The property at 1020 Kirkwood Avenue meets the spatial and access requirements for a childcare center. However, because there is no history of a daycare at this location, and because the applicant does not have prior experience running a daycare facility, it is difficult to predict the exact effects that the daycare will have on traffic circulation in the alley. Due to the lack of parking on Kirkwood Avenue and Summit Streets and the traffic situation on Kirkwood, we therefore assume that vehicles will collect in the alley during a one hour period in the morning. This will affect neighbors whose sole vehicle access to their property is via the alley. For this reasons, Staff recommends a more limited size for the childcare center, with a maximum of 24 children. In addition, required childcare staff is based on the ages of the children served by the center. Limiting the size of the staff to S, will free up parking spaces proposed in the current site plan for parents to load and unload. This would reduce the likelihood of cars parking illegally in the alley and overall congestion around the daycare center. STAFF RECOMMENDATION: Staff recommends that EXC06-0000S, an application for a special exception to allow a childcare center in the Low-Density Single- Family (RS-S) zone at 1020 Kirkwood Avenue and to reduce the side setback requirement for the parking area from 5 feet to 3 feet, be approved subject to the following conditions: 1. Compliance with the site plan submitted by the applicant. 2. The childcare center will be limited to serve a maximum of 24 children. Hours of operation will be limited to weekdays from 7:00 AM until 6:00 pm. 3. The applicant will pave and maintain the entire length of the alley (16-foot wide) from Walnut Street to Kirkwood Avenue. The applicant will provide snow removal for the entire length of the alley. 4. The applicant will make no external modifications to the house which alter its residential character. S. The applicant will minimize the impact of paving on established trees along the alley by consulting with a certified arborist prior to paving. 6. The applicant must secure state licensing as a daycare provider. A IT ACHMENTS: 1. Location maps 2. Photos of site 3. Application 4. Correspondence Approved by: ~...~ Robert Miklo, Senior Planner Department of Planning and Community Development I 11 CITY OF IOWA CITY ~ I -- - - - - r I~....' / I / / -> . rrrr t rV1 [ c--j ~ - - - - - f --\ \ l - -, r f-- j j - ~ ~ ~ ~ J EXC06-00005 020 Kirkwood Ave View of the alley looking north toward Walnut Street. View of the alley looking south toward Kirkwood Avenue. View of the property from Kirkwood Avenue. View of the rear yard of the property. View of the east west alley from Clark Street. '-. ... Ei<..c.(fXp - ~5 APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION DATE: 3-10-'06 PROPERTY PARCEL NO. \ 0 14 z.~ bOO '1 PROPERTY ADDRESS: 1020 ~1.~Jzwa:::>b AVE-^-l/.1E. / IOWA. City PROPERTY ZONE: R - E;, PROPERTY LOT SIZE: "15>< I bO APPLICANT: Name: VI~ llCJ-t I.( Address: 1'2-0~ fl1 E1<, I r>A;N ~"E: Phone: ~\~- 354- z.,qq;; CONTACT PERSON: Name: JE"fF ebJ3...E eG , CbLDWE.LL (3l"N\:;.~R... - (if other than applicant) Address: 44 SilAe61::S <::"'~JJf.e.. t:::>~\\/e.. , I ,('. Phone: '31~ - 3SI- 3~5E7 ~( t) PROPERTY OWNER: Name: ~ (if other than applicant) 0 <- Address: ----~ ; ..-. I .. .,:-......... fn Phone: 6 ~ ~ "- .... r-.:3 (,~;, = 0""" -n (]'I ~ :3.. fTl ---, u U1 N Specific Requested Special Exception; Applicable Section(s) of the Zoning Chapter: A.PfL'(fN4 ~ A S:f'EClkL f;XCt-{ljl ON 17) AJLaJ t>Aye.A:l2.t {,( s.e- IN . (.25.- 5: 2.OiJe. Purpose for special exception: ~f'fk)N{,. '1'"0 Oft-/J A. M'1~ r~l-lrl1 AI . 10zo k::.!t.lCoJOOD A~~"Hte , TOW~ C 11'1 Date of previous application or appeal filed, if any: ON -:l~NlAf\e:..'1 I~ ,"l~ ANI> W(\tf~lJt..1, '-..-- -2- Please see 14-8C-2 in the Code for more detailed information on special exception application and approval procedures. Planning staff are available to assist applicants with questions about the application process or regulations and standards in the Zoning Code. INFORMATION TO BE PROVIDED BY APPLICANT: A. Legal descriDtion of property (attach separate sheet if necessary): z.~"S -9 <;:tAt-1Mlr HilL A\)()tIlON ) f"LAT or: P"A.R..T of= BL loT ~ B. *Plot clan drawn to scale showing: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including the location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. *Submission of an 8 Yz" x 11" plot plan is preferred. C. Review: The Board of Adjustment is empowered to grant special exceptions to the provisions of the Iowa City Zoning Code only in circumstances specifically enumerated within the Code. To ensure that the spirit of the ordinance is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the specific and general approval criteria are met, as described below. Soecific Aooroval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets the specific approval criteria set forth within the zoning code with respect to the proposed exception. In the space provided below or on an attached sheet, address the areas of Board review that apply to the specific requested special exception. The applicant is required to present specific infonnation, not just opinions, that demonstrate that the requested special exception meets each of the specific approval criteria listed in the Zoning Code. (Specific approval criteria for uses listed as special exceptions in the base zone are set forth in 14-48-4 of the Zoning Code. For other types of special exceptions - modifications to setbacks, parking requirements, etc. - refer to the relevant approval criteria listed in the Code. Planning staff is available to assist you in finding the relevant approval criteria for your requested exception.) Attach additional sheet if necessary. '5 e e'" p,,\ 6-E- ,&. '\f7>. U:-I E b. , l"o.' 0 => C":) C....,. ~O :::&;: ):> -..; )::... 11 --,< :;;0 0 --! C 0"\ ! .:< 1"--' f11 m ::l> ~~ 5 ::0 ::!t "-..-I ^ - <" - 4tt.::> j> Con N C', "::>f"~C,l=-\c.. AfPeovA(.. 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TIM~ 11t~~ OF-Fe-R- \\'2 J ~ Si; af t7't11:>oo,z.. 'SpAce , PEe.. (! 11 (CD PLvt ~ Tor~ OF 2..b4 -:;r-. Cf s.c~~""N't.b ft/Re.H. IOD~F\ Pe~ CH'IL,,t) I S ~&lA IR-C::=t> ~lf \\{e CD hi: . (\) A/.,L f-LA 'f 4 (2..0 IA fVD f C:X IAllf> M I.:"\IJT iN \ u., ~ t I J Tt1 e J!;..Ac" I.f ~ D ~c f'-CeY\J-C:D Feof\ mE: ~1~~tvOOb AI}e'p.J\.{~ (by -p+e :J)IA ILj) \l',J~ I ff!OM ~ A.lLE:'1 Of-J WesT ..sll>~ b'i f11C W f'r: ~<HJ 4 4 PMfrf.., A,J ~ f(u)h 11fe Ar;LEtf otJ ;zrt't' ~)o(<.r1-\ A "J~ f1e.ol'\ l1-fe Etl ST ~ \ b ~ ~J e-( 61-< ~o e t3> Y A 6\ H14H- SOL-lt> /,AJooD FetJe:,::, . (2) THE. ~\IE f"LA.."'-l CALL~ f'D~ A -4 Fr flc-\:::,:,-r F~--rJCE 1\(201AND A~L lH'c OiATDoO~ P\K.e-AS; wHIcH ~llL !:.c=- 0\,t13:.<?i\rVfTet:. 13:.'( A ~f1 WOO~ Fe,J6€. IN 1T1t V'~rNITY e;f "Tl1& PLAY4 ~OV1N'.b E:~IA l i> HY01; C. ThE (W<'OSEj> ""''''fER.. ~ 4s G(ILC>I'-~ WI/;(. Be A<'<'e:ss6':> rWM 1<..1~~OO-b AveJJ\1e: J WI1IC.H ~ k) II)E~ TRA-rJ 28 FeEi, C\, '1'<1" oR-oj> OF,/, f I ~I!.~.. -AREA I'; !P<A,IE,). /:1F'r "f1/e ALLEy, N ?IR.~ ~\(., M '''1 OF THE ee.,J-rE. f2... tIJ-r~ C-c , e. \N ...o..t:>\T10N '10 e.~ICSTlt-J4 WA.U:.J.Jl\V f A-N ~,til.t.-~ K.tdAP tv\i..t ~e: CoN S~It\~,...e~ I AI;, CA; lLt-b b'1 /11 ~ ~ I~ PC.~N I f. ~l ?t>..~\L'Nq. ANC::. STA.c~,1'I c.\ SrACCs Aa Peces..,S.\&LE ~~~n'1 ~fCoM. IHE '51f>f A~j:::) ~~ A\U'fS. A 12.,S""" rr ~Ffl:~ IS Peo\Jl1[>cD o~ 'T11 E wt"'7:>'f ~ IC>C I '-- -3- D. General Aooroval Criteria: The Board must also find that the requested special exception meets the following general approval criteria or that the following criteria do not apply. In the space provided below, or on an attached sheet, provide soeciflc Information. not just opinions, that demonstrate that the specific requested special exception meets the general approval criteria listed below or that the approval criteria are not relevant In your particular case. 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. IHe t:::Fftt:, Dt-J me TRA f"'Fic OJV ~~lCWOO b Ave- l"VILL Bl:- t~ll"""MAL. I e:.&Att.s.~ Vt-t-\\ClALA-e ACCess (5, F./20M nJo A\):1~("c-vr ALLC'(S. \1{E tJO\S,L "V\LL g...e etONTA,~ 16..., -rwe=- 4t<~6-E h~1\ I L D,rJ6 A"Jf> SOLID W (Job reN~ ,ARtO'-I~D Tflc (J(,Aff61.-0/sft.Jj) t~\.1I?Mt::IJT, THEI2.t.. iN/LA..!bE IVo D/~~r ~C!.~S I='reOM-n1~ Pl-AY A I:tA fD ~c. f;7I..t~'i 1<:I~W,oOP AVE. THe CEJJTl"-t<- (,V1LL- ~ {}fe--v otJL-'1 otJ W~bA,YS ~n 7 AM WS ~~o PM; WI1W HO?~ EZe-s.l t> ~ I-S' Olz 171(; A.t>-::T I\<:..EN THO 11. ~ ES A flt ,.+'1 w"R/f.( I 2. The specific proposed exception will not be Injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish and impair property values In the neighborhood. ,He c.t:^.JTrR WILL EMt AA>~c 1",1 VI~, (.,(T'f of mf- AU-A pf2-<;v'If)/lJtl "1?ii~- HI4H~r CHILD. CAe~ IN ""'He A~f:-A. OC.Cl1~/eD <'10:s.ll'1 '$'"( f'R..Ofc'S'S \0 "'A.L~ . I, IS coHfl\ \li?lc- LJ,,..-v{ RS-5 2o,vJt.J~ Pr2oVlC>~ Sf~-C(K C-11,et:fOTtotJ I 3. Establishment of the specific proposed exception will not impede the normal and orderly development and Improvement of the surrounding property f(jlt uses permitted In the district in which such property is located. 0 ~ ::2: () :::J: '1> --j ~ .... J ~:J 0-<" _I () CT\ .::~< r"""--' CO J> r~ _}J 3:: '-' -.....-.. ~ ..."- - )> me :S1I1f_e.o U NDI~ Ae,eA" I!; ft.-tU\1 ~'E:1If1.:oPE:.b \ Il fTl .-----, \......J U1 N 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. \<::'l~oo~ AVCkJ\.-tc I~ WIJ::>Cl2.. 'THAtJ 2.8 reEl-, '-- -4- 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. ALL vt"IiI(!~L.....-f.2... "ece--.s.$ \s ~ 'TWo A~:Jl\Cx"'-NT hLLf"($, u " WH Ie-" 4/e:-u 1716 c ~ 'TE~\ O..J "fDf!.. c'1o.5 IrJq Irt IS S 'I~. 6. Except for the specific regulations and standards applicable to the special exception being considered, the specific proposed exception in .all other respects conforms to the applicable regulations or standards of the zone in which it is to be located. [Depending on the type of special exception requested, certain specific conditions may need to be met. The applicant will demonstrate compliance with the specific conditions required for a particular use as provided in the City Code section 14-48 as well as requirements listed in the base zone or applicable overlay zone' and applicable site development standards (14-5A through K).] l1-lf:. Z::OI\JINq gt5'Q() re.e;,. OVE f'Af2I::./NQ. SP~c.c Ft'lt ""~14. c.l-H!I2... AtJ j:) \ "":;fl\C.\::-IN"Cl <;,.fACE ~ 2.0 cH (Lb eEN. nt~ M ( ;::rlAet Dt'Z. 0-2 '1~OLi>s. / '2-~ '16{i"12. Ot..-t:>S I A+-,I) ~~ 'teA-ii!... oLbs ~ATIS.fft::..<;:' THe ,ee:G:t""t<cne:LJr~ ' 7. The proposed use will be consistent with the Comprehensive Plan of the City. T+-1t CO(0~n,JH~vJIV& PVtlJ Pf.,OI--,vrc"S l/A'fc.A-a l(~f /Ai f(ESfOev171rL "Z ONES. ~ Q c:::) <= c:r" :2:0 ~ __'hioo )>=::1 :Z;lffllI. il ) ...v () --<..;--- =j r""', 0'\ r- I.. I .::-.... r- :=0- m m r-, --- -rJ :1:: \.......1 o~. <;: /, - .. >: c...n w -5- E. List the names and mailing addresses of the record owners of all property located within 300 feet of the exterior limits of the property involved in this appeal: NAME S'fr ~tAl""'F~- cor'1 ATTACH c:-)) ADDRESS l"'-3 0 = = C""" :?= (") =z ):; ~ > 11 ) :;;:0 0 -< , -j C', m r- i .,:--, I m m > '---' ,..., :JJ ::31: \-/ '-' ....- -s /, - )> .. c.n w '-- -6- NOTE: Conditions. In permitting a special exception, the Board may impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-8C-2C4, City Code). Orders. Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision Is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari. Any person or persons, jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Section 14-8C-1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: 3-/0 2000 4'c-J ~ Signature(s) of Applicant(s) Date: ,20_ Signature(s) of Property Owner(s) if Different than Applicant(s) ppdadmin\application-boase.doc l"...:l 0 = C'.:::) ~q =, ::lI: :n... Il -;1 :::0 C) -<..... r'- ...-. C." en I ;< f-'~ l~n m > :~ 7'- ::0 :Jr.; ~:::) -- '--...I <;: /, :<'- ::t> CJ1 w 1020 Kirkwood Avenue, Iowa City Viktor Tichy 319-354-2995 319-330-0735 MAllen1215@aol.com Genius in Diapers "Daycare designed to stimulate kids' minds" CITY CLERI< IOWA CiTt, IO'vVA 2006 ~iAR FILE[) 6 AM I: 53 ) Genius in Diapers is a child development center utilizing recent research in infant development in order to foster children's intelligence and talent. According to Einstein, every child is born a genius. Yet until now genius in any given person developed only coincidentally and later was attributed to innate giftedness. My center will focus on nurturing every child's genius from before birth through school age facilitating stimulation, exposure, and support of early independence. The center will attract three types of parents: those who want to maximize their child's talent, those who need quality child care to work in their profession, and those who choose to be with their child while making money, acquiring expertise, and possibly preparing to open their own franchise. I will offer seminars to future parents in nurturing their genius in diapers at home. The participants may enroll their babies and even join the staff. CITY CLERK IOWA CITY, IOvVA 2006 MAR F 6 r::D ._L_ _ AM 53 -~~E:.I,- CAr..-n~P-l.A'f:- ~1)fr14 ~ ~~-::z.:.'f6-. r1- U11~__ ~c-_: ~;:F~Jl:V~~~C - II tr---~lL.oa>ifQi:.e>"'~t>J:q::~A~-: ,----------------- -- I I I I I -!---~ ------."--- -- ~ ~c~ f-.nrc,- Cl"I,.I-nJI1:r:;.- =V.L-:r:SI": r:~~T4iU: -- -, ~c:c-- I I I I I l-_-'-----L J2&"",lWc."nA~ k:ftoJl!! -PLAY ~.:1\Kr.-_~':::~T _:1::],,,9<::71;::;;- PL. 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"'=-4 ~33> \)2.5 8".2..1 Roosevelt st -(]1 -4 to -010 ~ 61.5' l" . -4 ;;(]1 -4 .'-J . -.... ,.. .... 1<5' ~ ~ ~ g Q. j!J , ' Iowa City Assessor '- borne I parCel$earCh I re$identiaL$aJe$earcb I cqmmerciaL$ale $earch Pin 1014266009 Deed BREESE, DONALD Contract 1020 KIRKWOOD AVE Address IOWA CITY IA 52240-0000 Class Map Area RESIDENTIAL 21800-Res Plat Map 10-14-28 Legal 2665--9 SUMMIT HILL ADDITION, PLAT OF PART OF BL LOT 9 Land Value 41,310 Current Value Information Dwelling Value Improvement Value 135,190 o Total Value 176,500 Occupancy Qjn~~faroiIYJ9wn~r Oc~ed Residential Building Information Style Year Built 1 Story Frame 1941 Total Living Area 2,143 Lot Land Front Foot Information Front Rear 75.00 75.00 Side 1 160.00 Side 2 160.00 Main Lot Iowa City Assessor - General Parcel Info Page 2 of2 lSFFlOP 1979 [100] lSFFI 20 [540] 27 36 24 26 IS 8 A FFI (MAIN) [1034] 30 IS FFI SCRNP 11 [2641 14 5 10 1 12 Related Information Links Tax Information Map~ Assessor Reports ~ .. -< I'> = = Cf"'o :x > :;:.:0 11 - 0"\ ,< "f-- !:r:r1 q '. ;z::.. 3: c.rtJ..r",":"~'-I.:.'" \ &'" SINGLE FAMILY I ACREAGE AGENT REPORT '!'r - MLS #: 20060925 ), Ownership Type: Single Family Address: 1020 KIRKWOOD AVE City,State,Zip: Iowa City , IA S2240 Area: Iowa City DOM: List Price: $199,SOO Original Price: $211,000 Owner Name (L,F,MI): DONALD BREESE ESTATE List Agent!: KEVIN HANICK List Broker1: LEPIC-KROEGER, REALTORS List Agent2: List Broker2: Listing Date: 2/8/2006 County: Johnson Subdivision: Builder: Zoning: Lot Dim: Acreage: SqFt Above: Fin SqFt Lower: Tax lO: Grss Tx (Cnty/City): Tax Year Report: Annual Assoc Fee: Year Built: New Construction: RSS 7SX160 0.27 2143 o 1014266009 2961.00 2006 0.00 1941 No # Fireplaces: 1 Mstr BR Level: Upper living Rm Level: Main Dining Rm Level: Main Kitchen Level: Main Family Rm Level: Main Garage Size: 50 X 24 # BR FBath 3/4Bath Upper 2 0 0 Main 1 1 0 Lower 0 0 1 otal 3 1 1 Buyers Name: Selling Agent 1: Selling Office 1: Pending Date: Sold Price: Closing Date: Sales Term: AM!:NITIES: Sidewalks, Street Lights INTERIOR: Carpet, Tile, Wood Floors ROOMS: Family Room KITCHEN BREAKFAST: Breakfast Area EQUIPMENT: Cook Top Separate, Dishwasher, Disposal, Wall Oven, Refrigerator FEE INCLUDES: BASEMENT: Full LAUNDRY TYPE: Laundry Closet FIREPLACE TYPE: Gas HEATING: Radiant, Steam/Hotwtr ENERGY RELATE: Water Heater-Gas CONSTRUCTION: Wood Siding STORIES/STYLE: 1.5 Stories LOT DESCRIPTION: Less than .5 Acre POSSIBLE FINANCE: Cash, Conventional lOX: No SHOWING INSTRUCTIONS: Appt Office, Lockbox Directions: KIRKWOOD AVE BETWEEN SUMMIT AND CLARK STREET Status: Active 30 (319) 248-0SSS Off (319) 351-8811 Expiration Date: 7/8/2006 Assoc Doc 0 Variable Rate: No Size: 16 X 9 Comm. to SB ($/%): 3% Size: 12 X 20 T-Val: Size: 10 X 12 Lease Value: Size: 11 X 18 Size: 14 X 19 Virtual Tour: HBaths 1 Elementary School: Longfellow o Jr./Middle School: o High School: 1 Internet: Southeast City Y~ ,......., = ~ en ~O :Jl: "t". ~-; > ~ ......j :::0 II ,~ -<"" - -' - - --C) 0"'\ r- ::J,-:- I ~_ ...... f m m > -:0 :x 0 0-- - ~^ - .. )> CJ1 .r:- . PARKING: 3+ Cars LAUNDRY LOCATION: Main FIREPLACE LOCATION: In Great/Family Room COOLING: Window/Wall Units WATER/SEWER: City Sewer, City Water EXTERIOR: Screen Porch ROOF TYPE: Composition PHOTO CODE: Broker Loaded OWNERSHIP: POSSESSION: Negotiable Remarks: GREAT 11/2 STORY, ONE OWNER HOME. OAK HARDWOOD FLOORING, 3 CAR GARAGE + SHOP, SPACIOUS 24' X 11' SCREENED PORCH AND A SEMI-FINISHED BASEMENT. Addendum: This information is deemed reliable, but not guaranteed. Sarah Walz . From: Sent: To: Subject: Meredithe Mullen [premienurse@mchsLcom] Friday, April 07,20069:20 AM Sarah Walz Proposed daycare on Kirkwood Avenue I wish to state my opposition to this plan.I have owned my property for over 15 years and live at 9 Kirkwood Circle.Just a few steps away is the existing Kirkwood Daycare. I have seen this property deteriorate each year which I am certain affects the value of my property. This used to be a majestic private property similar to the Kirkwood Avenue property. I never would have imagined how much this property could have become trashed out. Do I want another property near me to become the same ? NO ! The traffic this daycare brings to my neighborhood is difficult at times. The parents sometimes sit in their cars and honk to notify of their arrival. Children are occasionally seen alone outside the front of this house. The amount of junk that has accumulated on this property is a horrible. Now, I love hearing the sounds of happy children playing. I work with children every day and feel they are our future. If I were a parent I would not want my child to attend a daycare on an extremely busy street. Our lovely neighborhood is already bordered by 2 adult book stores, Sycamore Mall, Kirkwood Daycare, Deluxe Bakery,Lensing Funeral Home. We are lucky to have mature trees, lawns, gardens, and the luxury of living away from the hustle/bustle of the work day. Please do not allow another business to enter our midst. Sincerely, Meredithe Mullen (319) 339-1452 (home) 1 Sarah Walz From: Sent: To: Subject: david-jepsen@uiowa.edu Tuesday, March 28,20069:15 PM sarah-walz@iowa-city.org Application from V. Tichy re: daycare Mar. 28, 2006 Members of the Board of Adjustment: We write this letter to express our concerns about the application submitted by Victor Tichy to establish a daycare center for up to 48 children at 1020 Kirkwood Ave. We spoke with Sarah Walz on Mar. 28, 06 - she was most courteous and helpful in explaining how we could share our thoughts with you. We do not think a family neighborhood is an appropriate setting for a daycare business of that size either esthetically or in regards to traffic safety issues. We have been residents of Iowa City since 1970. We lived on Summit St. for 14 years and have lived at 1014 Marcy St. for 14 years. We chose to live in this neighborhood for the past 28 years because we value the traditions of the area and the big trees. We value the homes of historic import to Iowa City. We also value our property and fear that the inclusion of a business in our neighborhood will change the personality of the area. Home owners on Summit, Kirkwood and Marcy have been improving their properties - which preserves the history of the area, and increases property values. A business would detract from these efforts. Forty-eight cars, plus the eight or more cars driven by employees of the business, will add to the already heavy traffic on Summit and Kirkwood. At eight in the morning it often takes us five or more minutes to enter Kirkwood from Marcy and then gain access to Summit from Kirkwood. The reverse is true at five pm. These are the precise times parents and employees would be adding to the congestion. .We wish Mr. Tichy well - at a more appropriate location. Sincerely, David and Mary Jepsen 1014 Marcy St. 338-6160 1 \: 7 City of Iowa City 410 East Washington St Iowa City IA 52240 March 30, 2006 Sarah Wa1z, I am writing in regards to the mailing we received regarding Exception (EXC06-00005). My husband and I are very opposed to a business being approved in our residential neighborhood. We have lived in this neighborhood for almost 6 years and have put lots of time, effort, and money into rehabilitating our home. The approval of this exception would most certainly decrease the value of our home not only from the perspective of a potential buyer but also, and probably more importantly, in our eyes. We purposefully chose a neighborhood that is child-friendly, where the owners take pride in keeping their property well maintained, and where we feel safe in raising our family. We have concerns regarding the volume of traffic, limited access to the house in question, parking issues, and number of children this exception proposes to care for. Access to the property in question is only granted via the alleyway. There are a total of 3 alley entryways and exits combined- one on Kirkwood, one on Walnut, and one on Clark. There are three houses (out of five) on our block that exclusively access their garages via this alley. We do not have the option of accessing our garage any other way. This means that when we are leaving for and returning from work we would be encountering multiple cars utilizing this same alley to either drop off or pick up their children. The alley only has room for one car at a time and this would not only cause an inconvenience but increase the possibility of accidents happening with the increased usage. In addition to the three homes that have garages there is a duplex behind our house that only has access to their parking via the same alley so the tenants of this duplex would experience the same. In addition, I am very concerned about the safety of my three children should there be 30 children being dropped off and picked up throughout the day at this property. Our children range from 2 years old to 9 years old and, as you can imagine, I would prefer to have the least amount of strangers in our neighborhood. We have taken precautions (such as installing a fence) to assist with keeping our children safe from any dangers the alley might bring. At this time the alley is typically only used by those of us who have to access it for the reasons noted above. There are occasionally others who use the alleyway but those are far and few between. Should this exception be approved we would have people using our alley who have no vested interest in our neighborhood, our homes, our property, or our children. This is very concerning to me. In addition, these alleys have not been maintained by the City in the time that we have lived in our home. This includes adding gravel during spring or summer or plowing snow during the winter. I am also concerned with the limited number of parking spaces that are available at this property. In my assessment there is room for a total of 3 cars at any given time. When all three spots are taken I can all but guarantee that others will be parking in front of our garages, on the side of the alley, in the tenant parking of the duplex behind us, etc. This, again, will cause us undo inconvenience. I am also concerned with the proposed number of children, at this time 30, that would be housed in this property. When the children are outside playing I can only imagine that the noise level would sound.. ..like a daycare. That is certainly not my expectation of how living in a residential neighborhood would be. My husband works odd hours and is home during the day at least two days during the week. He would be disturbed by the noise, as would most people, who are trying to rest during the day. We love this neighborhood and are eager to continue raising our children in a great community and surrounded by supporting and thoughtful neighbors, not inter-mingled with business, commerce, traffic, and congestion. In conclusion, we live in a residential neighborhood and want it to remain that way. Please listen to the needs of those who already have time, energy, memories, and money invested in the homes we live in. We strongly encourage the Board of Adjustment to deny this exception. Thank you for your time and consideration. /} JAOvUAWn ::I;tRJ Maureen Brookhart 910 S Summit St Iowa City IA 52240 I respectfully request that the members of the Iowa City Board of Adjustment vote No on Mr. Tichy's request for a special exception to the zoning code for property located at 1020 Kirkwood Ave to establish a child development center. Thank you in advance for consideration of my neighbors' objections and mine. Sincerely, ~.;:(L William L. Iverson Page 1 of 1 Sarah Walz From: henry madden [madden428@msn.com] Sent: Thursday, March 30, 200610:17 AM To: sarah-walz@iowa-city.org We recently moved into 1020 Marcy Street and have found it almost impossible to get out to Kirkwood or Summit from the intersection of Marcy and Kirkwood. The wait, especially during the busy hours when people are going to or leaving work, can run as high as 5 minutes. It would appear that the proposed pre-school on Kirkwood would only enhance this problem. We would like you to share our concerns with the members of the Board of Adjustment. Sincerely, Mary Anne & Hank Madden 3/30/2006 To: The Board of Adjustment, City ofIowa City From, Todd Knoop, resident of 1004 Kirkwood Ave (east of 1020 Kirkwood). RE: Special Exception EXC06-00005) I write in vehement opposition to the special exception permit applied for by Viktor Tichy. There are a large number of reasons to oppose this permit. I am not going to deal with one of the most obvious reasons to oppose this permit, which is that the size of the property and the structures on it are in no way sufficient to provide daycare services to 48 children. Instead, I want to focus on four major problems that will severely impact the neighborhood's residents and other residents that drive through and use our neighborhood. The first reason this permit should be denied is that the alley which services this property is in no way sufficient to support any sort of business. There is no access to this property on Kirkwood itself because this street is too busy. The only way to get to the property is through an alley to the west of the property that is not maintained by the city. This alley is not wide enough for two-lane traffic. Currently, it is barely serviceable to provide garage access for residences such as ours that use it as such. In fact, if 30-40 cars a day drive down this alley every morning and every evening, each of them stopping in the alley to drop off children, I think it would be very difficult for us and other residents to even use our garages. This leads to the second problem. There is no parking available for this property. There is no parking on Kirkwood in front of the property or room to park in the alley. At the most there would be five parking spots in front of the garage on this property-not nearly enough to service 48 children and workers. The only on-street parking would be across Kirkwood on Howell St. However, given all of the traffic on Kirkwood and the fact that many people are making turns onto Kirkwood from Summit right near Howell, it is simply too dangerous for a large number of pedestrians, particularly small children, to be crossing Kirkwood multiple times a day. The third problem with this permit is that it will increase traffic on Kirkwood Ave which is already congested. Kirkwood is a heavily traveled east-west thoroughfare with no stop sign within the vicinity of 1020 Kirkwood. In addition, a large number of cars turn from Summit onto Kirkwood just one block west of this property, increasing the general congestion and traffic danger in the area. If even 25 additional cars a day (a conservative estimate) are turning into and leaving the alley that services this property every morning and evening, there is sure to be an incredible increase in congestion and, even worse, more accidents involving both cars and pedestrians. The final problem with this permit is related to the third problem. As congestion increases on Kirkwood, motorists will try to avoid this area. This will lead many motorists, including those who are trying to gain access to the 1020 Kirkwood property, to use Clark Street more heavily. Clark Street is not designed for large amounts of traffic. It is narrow. It is "L" shaped with a blind right turn without a stop sign, increasing the danger to other motorists, pedestrians, and homeowners. There are also no sidewalks on sections of the street, forcing pedestrians to walk out onto the street. Finally, there are a number of children who live on this street, often riding their bike on or near it. More traffic on this street, which is sure to result from the approval of this permit, will assuredly lead to more accidents and property damage. Placing a daycare at 1020 Kirkwood is an astoundingly bad idea. It will lead to more congestion, more accidents, inconvenience and declines in property values for local residents, and a generally poor living environment both for those who live near this daycare and for those who would be using its services. The response from those who have heard about this permit has been universal: incredulity at the fact that the city could even consider approving such a proposal. I write this letter as someone who generally believes in neighborhood development. Neighborhoods should not be universally residential. Residents deserve the right to have local businesses that are close to them, particularly daycares. In fact, we use the Kirkwood School daycare on Kirkwood Ct. for our own children. (Kirkwood School is one block off of Kirkwood Ave. where there is little local traffic, sufficient parking in front of the building, and significantly less than 48 children.) I encourage the city to promote the formation of small, in-home daycares in Iowa City. But not at a location that is dangerous, congested, and without the facilities to support the pedestrian and motor traffic that will come with such a daycare. For that reason, the only reasonable response by your board is to deny this permit. April 4, 2006 rr:~,- -- ~ ~ r1\~\iLI~- ~ '1-: 'I il LSU \..1 '---I \ U) ,----- .-- ----~ ' \ In II APA - 5 2006 Ul I Dear Board.Members, 1- My wife and I reside at 922 S Summit St. This is directly to the west of the property in question for the special exception, 1020 Kirkwood Avenue. We have several concerns regarding the approval of this special exception. First of all, our garage opens into the alley, which is shared by the garage of 1020 Kirkwood Ave as well as by many other neighbors on our block. For most of us, this is our only ingress and egress to the main street. The alley itself is very narrow and non- paved. It opens only onto Kirkwood Ave and Walnut St. In addition, this section of Walnut exits only onto Summit St. or the small section of Clark, which opens onto Kirkwood. Both ofthese streets are extremely busy and hard to exit onto or from as it is right now. The congestion is noticeable without the addition of more traffic. It is my understanding that the current stop signs at Keokuk and Dodge were requested specifically by the neighborhood association to increase congestion on Kirkwood to decrease speed and traffic. While this may have seemed a good idea then, the congestion is difficult to navigate for homeowners living here 10 years later. The addition of a business at 1020 Kirkwood would only further increase congestion on and off of Kirkwood. Also the alley is so narrow that only one car can pass at a time. If one of our neighbors is exiting the alley, we must wait to enter. The addition ofthe alley being a drop off/pick up point for 30+ children in a day care with no places to park would make the access to our residences almost impossible. The house at 1020 Kirkwood does have a small paved area in front ofthe garage allowing perhaps 1-2 cars to park parallel and the applicant's current plan would not seem to have a very good remedy for this. We don't see how this location for drop off and pick up of small children is safe for them and it is definitely not fair to the other residents who use the alley to access their homes. The alley as mentioned above is non-paved and it is not cleared by the city during the winter. Consequently, the alley can be covered in ice and snow. Quite often, this makes safe access under the best conditions problematic. We bought our house one year ago. We chose our house for its location and its neighborhood. Weare afraid that allowing this business will decrease our property value. We certainly would not have chosen to purchase our house next door to an auto- dominated business if we were given the choice. Maybe if Mr. Tichy lived in the neighborhood, he would understand why Don Breese made this his neighborhood his home for over 50 years, as we, and our neighbors likewise call it home. The Board is charged specifically to judge the special exception on criteria contained in seven questions in the applicant request. Let me briefly touch on them because they go to the heart of our neighborhoods objections. #1 The proposed exception will affect neighborhood safety and comfort in a negative manner. I addressed these concerns in my first two paragraphs. #2 The exception if approved will be injurious to and will drastically alter the neighbor's enjoyment of their environment. You cannot add an intrusion of a child development center with 30 children and not impact the surrounding neighborhood. Additionally, Mr. Tichy's invitation to the neighborhood for an open house states, "my center will focus on nurturing every child's genius from before birth to preschool age...". Not to sound disrespectful, but are the pregnant mom's counted in the 30 children to be served by this center? Mr. Tichy goes on to say, "the center will attract three types of parents; those who want to maximize their child's talent, those who need quality child care to work in their profession, and those who choose to be with their child while making money, acquiring expertise and possibly preparing to open their own franchise. 1 will offer seminars to future parents in nurturing their genius in diapers at home. The participants may enroll their children and even join the staff." The following are intended actions, which cause me additional concern, grave concern on how it will impact my neighborhood; (from sentence # I) ".. . and those who chose to be with their child while making money, acquiring expertise and possibly preparing to open their own franchise"; (sentences #2-3) "I will offer seminars to future parents in nurturing their genius in diapers at home. The participants may enroll their children and even join the staff." 1 respectfully disagree with Mr. Tichy. He is not preparing a childcare facility for 30 children; he is preparing a franchise, training and certification center; a facility to present seminars in which parents, children and staffwill participate. He is proposing a major expansion of the guidelines covered under "child care facility". For what his plans are, according to the signed invitation (see attached copy) to the neighbors, he does NOT qualify under city code for a special exception to the zoning code for a childcare facility. His request should be denied. #4 As stated above, there is a major concern for access to the alley, which is already congested and thus difficult for travel. The additional traffic would only make this worse. The fact that it is unpaved and wide enough for only one car would not qualify it as an adequate access road. #5 As mentioned above, the ingress and egress of the said property with additional traffic would only increase congestion. We can see no other measures offered by the applicant, which could possibly minimize the traffic congestion and ease the access of already congested streets. #6 see No 2 above. #7, the Comprehensive Plan of the City lists this neighborhood as residential. It is zoned RS5, which is the lowest residential zone the city has. Granted, there are provisions for a special exception to the zoning ordinance if certain conditions are met. Because of particular circumstances unique to the property, the surrounding neighborhood and streets and alleys, it is an impossible task for these conditions to be met. - Renaissance Child in Diapers Genius designed 1020 Kirkwood Avenue, Iowa City ViktorTichy 319-354-2995 MAllenl215@aol.com nds Disapprove? . 1 m , kids mulate s ti to Approve? daycare A 8,2006, from 3:00 to 5:00 PM. The Genius in Diapers will be a center uti- Dear Neighbor, You are invited to an open house meeting at 1020 Kirkwood Avenue on Saturday, April occasion is to discuss the opening of a unique child development center at that location. tizing recent research in infant development to foster children's intelligence and talent. According to Einstein, every child is born a genius. Yet until now genius in any given person developed only coincidentally and later was attributed to innate giftedness. My center will focus on nurturing every child's genius from before birth through pre- school age, facilitating Stimulation, Exposure, and Encouragement of early independence (SEE~ [ih~ center will attract three types of parents: those who want to maximize their child's talent, those who need quality child care to work in their profession, and those who choose to be with their child while making money, acquiring expertise, and possibly preparing to open their own franchise. I will offer seminars to future parents in nurturing their genius in diapers at home. The participants may enroll their :ffJ ,..,. children and even join the s~ area? Please come and express in your The traffic How will the center effect your neighborhood? The value of your home? your input and concerns. Refreshments will be provided. April 5, 2006 Janet Dvorsky Administrative Secretary Department of Planning and Community Development Dear Ms. Dvorsky: I am writing to oppose Viktor TIchy's request for a special exception (EXC06-00005) for the property at 1020 Kirkwood Avenue. It is my belief that the addition of a daycare business to this residential neighborhood will decrease the value of my property. In addition I believe there will be increased traffic flow and street parking on Walnut and Clark streets close to where I reside causing an inconvenience to me. and guests of my home. I hope you will take these issues into consideration when making your decision. John Werner 1028 Walnut St Iowa City 1029 KIRKWOOD AVENUE IOWA CITY, IA 52240 319-354-3970 JESSICA A. KARDON KIMBERLY A. PAINTER April 5, 2006 City of Iowa City Board of Adjustment 410 E. Washington St. Iowa City, IA 52240 Members of the Board: This letter concerns our objections to the special exception request EXC06-00005. The requested exception would permit the use of a single family dwelling at 1020 Kirkwood Ave. in Iowa City for a daycare center. Our opposition to granting this exception is 'based on many issues. Our primary objection, however, is that such an exception would create acute concerns over child safety. Kirkwood Ave., as you know, is moving a huge level of traffic now, at a high rate of speed relative to most residential areas. The prospective addition of this site as a daily destination for at least 30 parents and their children - along with staff and any vehicles operated by the facility - gravely concerns us. Apart from traffic flow and the increase of congestion along Kirkwood Ave. during peak hours, the neighborhood also abuts a steep ravine leading down to multiple sets of railway tracks (the area beneath the Summit St. Bridge). This ravine, juxtaposed with Kirkwood Ave., surely makes this one of the most hazardous imaginable places in which to locate a child care facility. There are options for accessing the home at 1020 apart from Kirkwood Ave., including an alleyway to the north. This is accessed by turning off Summit St. onto Walnut St., and from there into the alleyway. This also gives rise to many concerns. Family homes with driveways on Walnut fear double-parked parents dropping off and picking up children will block their driveways. Given the congestion in the area at the beginning of any given workday, this fear seems likely to be realized. In winter weather, conditions on both Walnut and the alleyway are often hazardous. Granting the exception for this facility would only increase those hazards. Finally, the long-time character of the neighborhood is at risk if this exception is granted. This area is full of family homes. Our own home is situated next to a historic registry home on the east, once a residence of Samuel Kirkwood. To the west, our neighbors are engaged in a level of restoration that has qualified them for a historic preservation award. Other area families, a number of whom have small children, share our concern that a business facility of this sort will diminish the quality of life and family sensibility of the area - with no gain in return. The neighborhood in no way benefits from having such a facility open in what has always been a family dwelling, so these parents are also opposed to this exception. In tandem with the above, concern runs deep that property values will decrease if the perceived character of the area slips from residential to commercial. To date, this concern has not affected our neighborhood. We hope the city considers carefully and denies any special exception that would create such a concern. It is our understanding that Mr. Tichy has been denied grant-based funding for a center in the downtown area already. Whatever concerns led to that denial, placing his facility in a neighborhood of single-family homes cannot be the best answer. We ask for you to deny the exception, and look forward to speaking to you at the upcoming meeting on April 13 at 5 :00 p.m. in City Council chambers. Sincerely, Jessica A. Kardon Kimberly A. Painter Sarah Walz From: Sent: To: Cc: Subject: Karin Franklin Tuesday, April 04, 2006 5:05 PM 'Melissa Jensen' Sarah Walz RE: P & Z Issue Melissa: Thank you for your comments, I am forwarding them to Sarah Walz, the staff person for the Board of Adjustment. She will include your comments in the written record. I would also encourage you to attend the Board of Adjustment meeting and provide verbal input to the Board, if you feel comfortable doing that. Karin -----Original Message----- From: Melissa Jensen [mailto:melissa.jensen@mercyic.org] Sent: Tuesday, April 04, 2006 4:14 PM To: karin-franklin@iowa-city.org Subject: P & Z Issue Hi Karen. I'm writing to express my opposition to a proposed zoning change for the property at 1020 Kirkwood Avenue. The property is currently zoned residential and the change is to permit a day care to operate at this location. I live at 1033 Howell St, two houses away from the above mentioned property. My concerns are this: 1. This is a residential neighborhood. Owners of the day care will not be living on site - not an owner occupied business. 2. The possibility of future expansion. 3. This is currently a nice private home. 3. Lack of parking for both day care staff, and children being picked up and dropped off. 4. High volume traffic on Kirkwood. 5. Access to private drives off the alley which border the property on the west. 6. Intersection of Summit & Kirkwood one house away. 7. Emergency vehicle access. 8. Those with children in the neighborhood have expressed they do not want the day care. Thank you for allowing my to share my concerns. If you have questions about any of the above you may contact me at Work 688-7149 or Home 354-5047. Melissa Jensen 1 In Summary: Locating a daycare at 1020 Kirkwood will depress property values, increase noise and traffic, diminish the sense of neighborhood, and compromise the safety of children in and about its precincts. In concert with the majority of our neighbors, we strongly oppose such an intrusion. Sincerely, ~ Johna Leddy Malcolm H. Yeh ~~-~ ,-, ~ ~--_.. - --J '~ ,fU--'1 ~ ~ [g U VI ~Jf~ I III I! . APR - 5 2006 li:U I P 1 1 _J 905 SOUTH SUMMIT STREET IOWA CITY, IA 52240-3339 319-335-1720 OR 319-354-8782 JOHNA-LEDDY@UlOWA.EDU 5 April 2006 City of Iowa City Department of Planning and Community Development 410 East Washington Street Iowa City, IA 52240-1826 www.icgov.org Re: EXC06-00005 To the Members of the Committee: We write regarding application EXC06-00005, request for an exception to allow establishment of a daycare at 1020 Kirkwood Avenue. The proposed daycare would house 30 or more children and requires an exception as the proposed site is located in a low density single family residential (RS-5) zone. We strongly object to this proposal. Our objection is based on issues of safety, property values and expectations of homeowners in RS-5 zones, and intrusion into a cohesive and improving neighborhood environment. Safety: A daycare operating at 1020 Kirkwood Avenue will introduce several safety issues. 1. Kirkwood Avenue is one of the main east-west arteries in Iowa City. South Summit Street, one of the main north-south arteries, terminates at Kirkwood; this intersection is very busy, particularly near start and close of business and the noon hour. There is no on-street parking on either Kirkwood or Summit in this area. The proposed daycare fronts on Kirkwood, one house down from this intersection. It is proposed that the day care house 30 or more children. This will generate substantial traffic; this traffic will be most intense at start and close of business and the noon hour. a. Children arriving and departing by car will be introduced into a busy traffic environment. i. Even if arrangements can be made to deliver children to the back of the property, there will be many vehicles in a small area. This is an additional vehicular hazard. b. The majority of children arriving and departing on foot will be walking along either Kirkwood or Kirk- wood and Summit. Daily travel along these routes, especially at the intersection of Summit and Kirk- wood, increases children's exposure to danger from traffic. c. Once the children are on-site, there will be a constant concern that the children are confined on the property. 2. The site for the proposed daycare is in an older home. a. Safety issues arise from lead paint, antiquated wiring, lead pipes, and stairs. b. Accommodations will be needed to make the building handicap assessable. Property Values and Expectations of Homeowners in RS-5 Zones: Homeowners in this neighborhood pur- chased their homes based on the expectation that this is a residential area. Introduction of a business, especially one likely to increase traffic and noise levels substantially, violates the homeowners' legitimate expectations of a residence in a neighborhood of single family dwellings. Several aspects of the proposed daycare are distressing. 1. The proposed site is the middle house of three houses in a block on Kirkwood. The City's website lists the assessed value of this property as $176,500. a. The homes on either side have assessed values 21 and 3.0-% higher than this. These homes are very well maintained and are an asset to the neighborhood. Introduction of a day care between them will decrease the property values for these two homes and all the surrounding homes. b. All the homes across Kirkwood have higher assessed value than the proposed site. A day care will negatively impact property values in the neighborhood. 2. The traffic generated by 30 or more children being delivered and collected each day will generate substantial traffic. a. Allow a parking space is 10 feet wide and 20 feet deep. The dimensions of the lot not covered by the house are about 70 x 70 ft2 in the back and 20 x 70 ft2 in the front. Even if only 10 parking spaces are provided, the modifications to the property will be substantial. Seven spaces maximum can be accommodated in the front; entering and then backing directly onto Kirkwood would be daunting. The 70 x 70 ft2 area in the back will accommodate about 11 to 14 spaces. Parking is less attractive than lawn and is a very different environment than that of a strictly residential area. b. The burden of the traffic introduced into the back of the lot will be born by the neighboring properties. The traffic will be substantial. c. Ifno parking is provided on the property, all ofthis traffic and the parking to sustain it will be forced onto the neighboring streets. 3. Some portion of the property will have to be fenced to provide a safe play area for the children. If the back is used for parking (the only practical choice because of entering and exiting directly on Kirkwood), a fence will necessarily protrude into the front yard. No front yard fences are observed up and down Kirkwood for many blocks; no front yard fences are observed any where along Summit. The lack of fences enhances the sense of neighborhood. No fences is consistent with an established and friendly neighborhood. To install a obtrusive fence is to diminish property values and the sense of neighborhood. It negatively impacts the aesthetics of the neighborhood. 4. The proposed daycare is a business proposition pure and simple. a. The original proposal was for a daycare to house 48 children in a building with a foot print of35 x 50 ft2. A significant fraction of this space will not be available as living space because of walls, halls, and utilities. But even if all of this space is usable, this allows each child a box 6 ft on a side. Given the location, safety was clearly not a concern. These were decisions made in the context of business, not the care of children. b. The proposal does not acknowledge the neighborhood environment in any way. The property values of the entire neighborhood will be negatively affected by introducing such a business. Intrusion into a Cohesive and Improving Neighborhood Environment: The neighborhood about Summit Street between the railroad and Kirkwood has experienced a remarkable Renaissance in the last several years. When the bridge over the railroad was replaced, several things were accomplished. The bridge design brought to light the proud history of the railroad in the development of Iowa City. The bridge introduced an observation platform over the railroad that serves as a nucleation site for interactions between the neighbors. Ten years ago, the majority of properties along Summit near Kirkwood were rental properties. In the last five years, almost all of these properties have been purchased by individuals who use the former rentals as their principal residence. That is an amazing transformation. Along with this transition to homeowners' residences has come a very strong sense of neighborhood. It is a neighborhood whose identity is closely tied to its residential nature, a residential nature that is reinforced by home ownership. The recent history of the area has been to eliminate the business of rental properties and to reclaim private homes. The proposed introduction of a day care is an intrusion on this hard-won sense of neighborhood; the introduction of a day care of the proposed size is an assault on the neighborhood and its residents. It goes against the trend of what has been remarkable progress to a strong neighborhood with a growing sense of identity. Page 1 of 1 Sarah Walz From: Ruth Hesseltine [ruthanne@avalon.net] Sent: Wednesday, April 05, 2006 12:07 PM To: sarah-walz@iowa-city.org Subject: special exception (EXC06-00005) Dear Sarah, My name is Ruth Hesseltine and I live at 904 Clark Street. This email is to express my opposition to the special exception permit for a daycare center at 1020 Kirkwood A venue. Having lived in this neighborhood for ten years and knowing Mr. Breese and his property on Kirkwood A venue, I am surprised that the City would even consider issuing this permit. To me, it isn't reasonable to consider using this property for the proposed day care center. Kirkwood Avenue and Summit Street already carry a large amount of traffic. Especially with all the cars coming from Kirkwood Community College and Sycamore Mall. There is no parking on Summit or Kirkwood. The alley adjacent to the . property is an unpaved access to garages of people living within the square block. It doesn't seem appropriate that it should be used by parents dropping off children at a daycare center. I'm very concerned about the congestion of cars in the neighborhood during peak drop-off and pick-up times. I have seen Mr. Tichy's plan for the property at 1020 Kirkwood A venue. As a pediatric nurse, child advocate, and former daycare provider, I have strong reservations about this becoming the proper location for Mr. Tichy's business. Thank you for your time and consideration in this matter. Sincerely, Ruth Hesseltine 338-8851 4/5/2006 Page 1 of 1 Sarah Walz From: Christopher Conrad [Christopher_Conrad@msn.com] Sent: Thursday, April 06, 20066:52 AM To: sarah-walz@iowa-city.org Subject: EXC06-00005: 1020 Kirkwood Avenue ---- To: Department of Planning and Community Development From: Chris Conrad & Pam Stek, 1026 Kirkwood Avenue Re: Proposed Daycare at 1020 Kirkwood Avenue I am very concerned about the possibility of a daycare facility opening next door to me. 1.) There is little available parking in the area. There is no parking on either Kirkwood or Summit, and motorists can only park on one side of Walnut or Clark. Many current residents already park on these streets, leaving no more than a handful of available spaces. Parking on Howell would require patrons with children to cross Kirkwood where there is no crosswalk. Parking in the un-maintained alley next to the property in question would block access to the garages of those who live on Summit. 2.) There would be a significant increase in the amount of traffic in the neighborhood. Kirkwood is already heavily traveled. Another concern is that customers of the proposed daycare who are attempting to turn left from eastbound Kirkwood into the alley adjacent the property in question could cause traffic to back up. 3.) I feel that living next door to a daycare facility would seriously decrease my enjoyment of my property due to the increased traffic, noise, and lack of privacy. Currently, neighborhood children can ride their bikes in the alleys, as they are not heavily used. 4.) Finally, I am concerned that having a daycare facility next door would significantly diminish the value of my property. When we purchased this property, we moved in next to a neighbor, not a business. We don't want to live next to a business. Chris Conrad and Pam Stek 4/6/2006 April 6, 2006 Department of Planning and Community Development RE: Special Exception EXC06-00005 We are writing to express opposition to the city's consideration of Viktor Tichy's request for a special exception (EXC06-00005) to establish a daycare center at 1020 Kirkwood Avenue. We do not see any benefits to our residential neighborhood but can find many potential problems arising from the addition of this business. Below are reasons why I would like the council to deny this request. Traffic Concerns: · Access to the proposed business is currently a rock alley that is not wide enough for 2-way traffic. This alley opens on a busy street (Kirkwood) and a dead end street (Walnut) so access to and traffic flow through this alley will become congested and dangerous. · Currently this alley serves as the only access to garages/parking for 5 homes in the immediate area. Many other homes rely on street parking on Walnut and Clark. The addition of a daycare business will greatly decrease convenient access to the current property owner's garages and/or parking lots and crowd street parking so that home owners and their guests may need to find less convenient parking options. · Although we do not have a garage on the alley, we do have a patio in our backyard that we enjoy both privately and for entertaining family and friends. We have also put considerable time, effort, and money into landscaping along the alley to beautify our neighborhood. Increased traffic on this rock alley will create more dust and noise interfering with our enjoyment of our patio and backyard (a retreat from the busy, noisy traffic on Summit Street). We are also concerned that daycare patrons will not use care in respecting our property and that plants may become damaged as cars, not finding adequate parking or driving room, will linger onto our property along the alley. · When traveling east on Kirkwood Avenue access to the proposed daycare business (i.e., the alley) is a left hand turn. As it is now, traffic flow from Summit Street onto Kirkwood during peak travel hours can get congested at the T-intersection. If traffic were to get backed up on Kirkwood behind a car waiting to make that left-hand turn into the alley, traffic flow would get even more congested and become potentially dangerous. · We have lived in our current home since August 1992 (with the exception of 2 years that we lived abroad). We have 4 young children that have grown accustomed to the low-traffic level in the alley. They spend the majority of their outside playtime in our back yard and, at times, riding bikes in the alley. To date we feel comfortable letting our children play freely in our back yard and along the alley (not so for our front yard along the busier Summit Street). The addition of the proposed daycare business would increase traffic in the alley and we would have increased fear of our children becoming injured due to reckless drivers without regard for neighborhood families. Quality of Life/Property Value Concerns: · It is our opinion that the property value of our home would significantly decrease with the addition of the proposed daycare business across our back yard alley. In 2003 we struggled to decide whether or not to renovate our then income property duplex (was 916 and 918 S. Summit) into a single family home. A key factor in our decision was that income property to the north of us was now owner occupied and the owners were committed to an eventual conversion themselves. Because we love the historic Summit Street and beautiful neighborhood, and because we saw a trend toward fewer rental properties and more single family home owners, we decided to move forward with the renovation. It saddens us now to learn that a business may be allowed to move into this residential neighborhood. We are also concerned that our neighbors to the north, once committed to a conversion themselves, are now prepared to reconsider should the exception be granted. Unfortunately our decision can not be reversed and therefore we may find ourselves living next door to a non-owner occupied rental duplex- and all the problems that come with that-once again. · As mentioned before, our back yard is a critical part of our home. Our 4 children play in our back yard; we entertain friends and family in our back yard; we enjoy quiet, serene moments lounging on our hammock in our back yard; we invest money and hard work landscaping our back yard to continually improve the aesthetic value in the neighborhood. The addition of the proposed daycare business would greatly reduce the pleasures we enjoy from using our back yard. We anticipate interruptions from increased noise and traffic. We have anxieties thinking about an increase number of strangers in our back yard restricting our comfort and usage. We certainly would experience a decrease in our quality of life as we know it today. We have a lot invested in our home as do others in this neighborhood. We do not see any potential benefit other than a financial one for Mr. Tichy. He has many real estate options to pursue his daycare dream. Our dreams are already in place but can easily be disrupted. For this we implore you to deny this special exception for the benefit of all the families already established in this wonderful neighborhood. Sincerely, cY'~ ~ Jeanne and Anthony Thompson Isaac, Harris, Stella and Rex 91 6 S. Summit Street Iowa City 341-8683/330-4067 To: Boord of Adjustment from: Neighbors of 1020 Kirkwood Avenue Re Proposed special exception from zoning laws to enable a day care center at 1020 Kirkwood Avenue We all have concern about this proposal. Here are our issues: 1. If this exception is granted, other similar businesses may see potential in the area for location, so we fear gradual encroachment of commercial establishments. 2. Parking is difficult in the area. It would be greatly exacerbated by the addition of 30 parents, teachers, and administration. 3. There is not much parking on Howell, but if one does park on Howell there is no crosswalk on Kirkwood. Crossing Kirkwood on foot is di~ for adults and during rush hour with a child would be downright risky. Is a stop sign or light planned? We Stre.1y do not want this. The failed 3 way stop formerly at Summit and Kirkwood shows what confusion this causes. 4. Any arranged parking plan will be thwarted by parents late to work or distracted. Say what you will, those in a hurry will park anywhere QVQilable., including stopping on Kirkwood, using nearby private drives, or blocking garages in the alley --it's only for a second,. being the reason. We confess - we all do it. 5. Traffic on Kirkwood, one of only two East-West throughways in this area, is now problematic. It is particularly bad during rush hours, due. to large employers to the East. Documentation of fender benders at the intersection of Summit and Kirkwood one house away should be QVQilable. This issue ct1III:tIi'I'IS IIfJf Just the l'J(Iit1hbDrhtJtItl but tI~ wIlD driwts fill Kirkw<<1d. We do not think a drop off space for two cars will be sufficient to clear Kirkwood. We anticipate blockage of Kirkwood, neighbor drives, and garages in the alley. 6. If this exception is to be granted as a service to the residents of this area, Kirkwood School for Children is about a block away for area residents needing child care. There are also two day care centers by Sycamore Mall. We think we're cowre.d. 7. -Genius in Diapers's. plan to enclose the lovely screen porch, remove a large tree, and place a sign in the front yard are three. significant blows to the physical appearance of the neighborhood. The planned addition makes one wonder if more children are planned. 8. We are all concerned this commercializing of the neighborhood will reduce the value of our homes. Marry of us have. been here over a decade, investing much money, love, and labor in our homes. We want to preserve an area which will protect our architecture, privacy, and investment. Thank you for your time and attention, Sara Henryson and Gordon Goldsmith 1023 Kirkwood Avenue Chris Conrad and Pam Stet< 1026 Kirkwood Avenue Jessica Kordon, Kim Painter, and Tim Maicher 1029 Kirkwood Avenue . Melissa Jensen 1033 Howell Street Maureen Brookhart and Steven Connell, Jr. 910 S. Summit Street Todd Knoop and Deb Delaet 1004 Kirkwood Avenue Mary Margaret Hogan and Bill Wilder 1032 Howell Street Chuck and Pat Johnston 1015 Kirkwood Avenue Meredithe Mullen 9 Kirkwood Circle Bonnie and Broce Sneed 1019 Howell Jamie Sharp 7 Kirkwood Circle 1023 Kirkwood Avenue Iowa City, Iowa 52240 Apri15,200S Board of Adjustment City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Regarding: Special Exception for property at 1020 Kirkwood Avenue \ Dear Board Members: We own the house at 1023 Kirkwood Avenue, directJy across the street from 1020 Kirkwood. Kirkwood is a very busy thoroughfare, especially morning and evening rush hours. Flow of traffic is frequently slow and intersections of HowelllKirkwood and SummitlKirkwood are diffICUlt to negotiate due to congestion. An increase in traffic for a day care center would aggravate an already bad situation. Particularly, eastbound traffic turning left into the proposed day care would increase dangers at these intersections. A back up at the drop off/pick up location will stop traffic dead on Kirkwood itself, going East or West, for as long as it takes those at the drop off site to unload the little one, get her inside and settled (unwrapped in winter), say goodbye, and retum to and move their car, so those in the street can pull in the alley. Parking is very limited in the neighborhood. We don't believe the proposed day care plan allows for adequate parking for employees and clients. Street parking spaces are frequently filled at present without further pressure being placed on them. Any arranged parking plan will be thwarted by parents late to work or distracted. Say what you will, those in a hurry will park anywhere available, using nearby private drives or blocking garages in the alley -"it's only for a second: being the reason. There is not much parking on Howell, but if one does park on Howell there is no crosswalk on Kirkwood. Crossing Kirkwood on foot is dicey for adults and during rush hour with a child would be downright risky. Is a stop sign or light planned? We surely do not want this. The failed 3 way stop formerly at Summit and Kirkwood shows what confusion this causes. Lastly, is the issue of property value: We are sinking $120,000 in maintenancelimprovements directly across the street. (And have already been selected for an award from the Friends of Historic Preservation after completion next year.) We paid $200,000 for our home 11 years ago, but question whether anyone would reimburse us $300,000 for a home across the street from a day care center. There is only one privacy fence in the neighborhood, that being one next to an apartment building. Although they are tacky, we'd add one across the street to insure our privacy. We really don't want to see a residential character-diminishing commercial sign from our front door. Th,/t 't.~r ~ur time and consideration, ~.J~ Sara Henryson & Gordon Goldsmith (319)354-5305 1"\ J \ ~ [> l ~~ f) ~ / // // // / l '.1.0:. ' , :00 In=I '. -.- ---- I -- I _______. , i l /~ -L_ 1S 1 ~]J\3S~O~ I I : i.j , . I _ l- n:-: 61 /u L KIRKWOOD ~ tj ~ S2 ~ ~ tj r ~ ~ lS AJtJ\fV'l , L{) o o o o I (0 o o X W (]) > <( "0 o o $ ~ ~ ~ o C\J o T""" . . Z o )0??oo4 }-4 ~ U o ~ ~ }-4 )0??oo4 r:J) City of Iowa City 410 East Washington St Iowa City la 52240 I ~ opposed to the approval of exce tion EX . Adjustment to decline this exception.P C06-00005 and wIsh for the Board of ))~CUW ~(AUve-en orGQ~haY+ CD L1' D ~ SU m rn I + S+ ({NJ [1 CI1LJ \A sad. yO c\Oi b"?:;~ osLJL. ..3 J-€.-Ve...- e-DVl rt..v/I ::r r .' jb eR eft jJ; ~/rJ $.su~rV'+ -s-b :s; , c-. r~~;) 21ft:? (:;, ~J 53f _o~'1J.. . @ ~~4/ fVJ. n iL- (IJv1 /6tilvtv'C)A4N& L"II'\t1uL ~~~ /7: -r' 102..1 VJa\Y\.lA.;-t sA ,J.Jv" Cf-) J-~ fJ..JJfP \ awL( tl~ 1..4 ~dOYD 1/f 11r Jt':tD '3\Cf-lo2..\-\2~4 fY\ &: '-I 5sA :rEtJsw @ 1 D~~3 l-\o~Ul- s~ Io ~A Q.. f1"'( \ Ii\. 5~9.YD 31 q- 6s4~ 5041 @ ?eJJ/u. f,J,) tf ...,1 ~"'l ~/.Jbi A.J @s~~ c:......~ ~U;:L;4'-i- ) 0 Z ~ k-':'k..~ ~.. ~~ LV~t:>. :r..J- 6'2...~""\Q @) C \-.".~ C. f[) '^ ~4J , () '2 b \<', \" tc \.AID D) A'lI.f. ::t t) IN '" G". 'LJ) J v4 6- 22.. ~J i)k ~f)~ ~bfVL L_ ~ '-4-r T I DOY :Ie: ~jcw-~ Av'"1: ~ ~ ~ 1N-~ c;'~:eft 6- :;' C :\ ~y{) 3l!i.) 3s-t - ~ 2()/ ~ -(i>J.J... \l ^ 0 O{J IDOL{ ~'f\~u.,C?~ Ave. A~~ ~ o jOI-f"vA LE''bnir 'i oS- s Su",",...' '\ ~.,- @ ~~ ~,f- \ ~ t A >"2-'2-1.t:o @ [';4,/ !>RetYUVt 1tJ 8 t /7J/2-e SI. J~ca;~ 5J-~ City of Iowa City 410 East Washington Street Iowa City,IA 52240 I am opposed to the approval of exception EXC06-00005 and wish for the Board of Adjustment to decline this exception. G t2rJ,~~ 90lf C1~ SI-. 332-~gSI . !iti1tLcfaoMMMr 10,;)1 t ",!d~,;f ~U -r;,;U~ @<. ~ Z ~ !~ b"7'f. - I am opposed to the approval of exception EXC06-0000S and wish for the Board of Adj t to ge. cline this e5;ption. A~i-i-{lAowt~ cUb ~^ ?u.-_J 3'il-~(g~3 @ J~tVt; (t+uVVlfS610 9j(J> ~- SJmmJT 31(--f()~'Os L ~e LaA~ (PJ s. S~ ~1: 33'6 dSyf" r~ @ LorCllhe LAw-tOYl C( \3 S SL{\'hvr\A-t 33~q~~ ~ .0. <~S4--24-&[) l @ -I ~V-("SA St'j lvc ~ L\vbu(vD _.~cl-l4'YdZ--:f<- @ Deb 6aJJQn4 i~ f!:/2fJ I&~\ WQ~. \ C f{37 f0R~W()t)7) T C-- ,~ <1{Q (~~ (.( ./(.\ - S' Si,{ (.1{ ""';+ .st . I~:J-B uJo/;ud- Ie. /~ 5r99?0 k)1 ItJerMr- I ?43 5?- ,...1 51 ~ Cn City of Iowa City 410 East Washington Street Iowa City,IA S2240 @t. _ 8-11 / 8 '-f 3 S v~rYl-rrn' t 5-t. r Co J54C q2-~ 1.J4n.vt- 'I;. G. .:O't- -p /t:Jg17 tV,J"..d ~-I 'u'F h/~vf ~-I fc~ I~ City of Iowa City 410 East Washington Street Iowa City, IA 52240 ;;\)1 a V .?Jt1t. E:tP'~ I am opposed to the approval of exception EXC06-00005 and wish for the Board of Adjustment to. d..ec. ~nethis~cePt~ , ..(4J.Ut ~ ///J> {l;~ ~_ . I l~b'1 kVJwrod {tv-€- City of Iowa City 410 East Washington Street Iowa City,lA 52240 I am opposed to the approval of exception EXC06-00005 and wish for the Board of Adjustment to decline this exception. cY WTl-CT/>rv'I.J J<::4~ JV6zSt);"\/ ?2.2...5. SV/"7/""Cl'( 5/: ~/4 STAFF REPORT To: Board of Adjustment Item: APLOS-00002 Country Club Estates Stream Corridor Prepared by: Sarah Walz Date: April 13, 200S GENERAL INFORMATION: Applicant: S & J Development 1157 Flagstaff Drive Iowa City, IA 5224S Contact Person: Duane Musser 1917 Gilbert Street 319-351-8282 Property Owner: S & J Development 1157 Flagstaff Drive Appeal of the determination that a stream corridor exists on this site. Requested Action: Location: North of Rohret Road west of Phoenix Drive. Size: 82.3 Acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: RR1 and IDRS North: residential (RS-5) South: residential (County) East: residential (RR-1 and RS-5) West: agricultural (County) Applicable code sections: Sensitive Areas Ordinance, Stream Corridor Definition 14-51-2B-2 File Date: March 1S, 200S BACKGROUND INFORMATION: The applicant S&J Development is the owner and developer of Country Club Estates Subdivision in southwest Iowa City. Country Club Estates, Part 1 and 2, were approved by the City in 1999 and 2005. In September of 2005 the applicant submitted a preliminary plat application for Country Club Estates, Part 3 to 7. The US Geological Survey (USGS) map (copy attached) illustrates a blue line, which indicates the presence of a stream or drainageway that crosses near the center of the property from east to west. The Sensitive Areas Ordinance regulates blue lines as stream corridors and requires that natural buffers be maintained or enhanced between development activity and stream corridors. Due to siltation that has occurred in the stream/drainageway represented by this blue 2 line, the applicant contends that staff is mistaken in applying the stream corridor regulations of the Sensitive Areas Ordinance to this property and is appealing staff's determination to the Board. ANAL YSIS: Iowa City's Sensitive Areas Ordinance regulates a number of sensitive features, including stream corridors. Stream Corridors are defined in the Zoning Code section 14-SI-2B-2 (page 311) as a. Floodways designated on either the current Federal Emergency Management Agency flood boundary and floodways maps for Iowa City and Johnson County or the Iowa City flood boundary and floodways map. b. A river, stream, or drainaaewav shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps. In cases where no floodway is delineated, the blue line will serve as the center line within a 30-foot wide stream corridor. (emphasis added) In short, the presence of a blue line on the USGS topographic map is the trigger for the steam corridor regulations of the Sensitive Areas Ordinance. The USGS topographic map is a standard tool for engineering, energy exploration, natural resource conservation, environmental management, public works design, and commercial and residential planning. At the time the Sensitive Areas Ordinance was written in 1995, the USGS map was chosen by the City as the means to identify streams and drainageways that are subject to regulation since the USGS maps are a widely accepted tool for such delineation. . The purpose of regulating development in and around stream corridors is outlined in section 14- SI-7A (page 319): 1. Preserve the value of stream corridors in providing floodwater conveyance and storage; 2. Promote filtration of storm water runoff; 3. Reduce Stream bank erosion; and 4. Protect and enhance wildlife habitat Thus the intent of the Sensitive Areas Ordinance with regard to stream corridors is to not simply restrict development, but to encourage development to work with the natural drainage that already exists as part of the landscape. The Board of Adjustment is empowered to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Manager or designee in the enforcement of the Zoning Code. (14-8C-3A, page 367) The question before the Board is not whether the USGS made an error or whether the map should be changed based on changes in the quality or hydrology of this stream over time. The question before the board is whether Staff made an error in applying the regulations according to the blue line on the USGS map at this location. If there is a blue line on the USGS map, the City is legally required to regulate it asa stream corridor according to the provisions of the Zoning Code. Staff does not have the authority to substitute its judgment or interpretation, or that of anyone else, for that of the USGS. The Code clearly states that if a blue line is present the regulations are to be imposed. The drainageway indicated for this property has appeared as a blue line on the USGS map as early as 1938 and was reconfirmed through aerial photography and field studies in 1965 and 1992. 3 Clearly, the blue line is there. Staff has noted this and communicated this in writing to the developer's engineering firm and land planners since 1998, when planning for the first phase of Country Club Estates began. In addition, the developers own wetland delineation and mitigation plan (excerpt attached) refers to the site's "well developed drainage networks and an unnamed USGS blue-line tributary to Phebe Creek" and provides detail of the USGS map with a blue line as figure 1. Like Staff, the Board does not have the authority to substitute its judgment or interpretation for that of the USGS. Nor does the Board have the authority to rewrite the ordinance. If a blue line exists within the area of the proposed subdivision on the USGS topographic map, it is clear that the City has not made an error in applying the ordinance. The applicant has indicated, and is supported by a letter (attached to the applicant's appeal) from Lon Drake, a geologist who consults on wetland preservation and restoration, that the area in question is not a "stream". However, as noted above, the Sensitive Areas Ordinance regulations for "stream corridors" affect not only streams, but also drainageways. In conferring with Liz Maas, an environmental biologist, staff has confirmed that the area designated as a blue line on the USGS topographic map is a functioning drainageway. Even though the stream/drainageway on this property has been greatly altered by farming practices and development in the surrounding area, in the view of our consultant, it still conveys storm water drainage from a large area and there are environmental benefits to regulating it as specified in the Sensitive Areas Ordinance. SUMMARY: The USGS map clearly shows a blue line crossing this property and therefore Staff did not make a mistake in applying the stream corridor regulations to this property. Although portions of the stream first identified on the 1938 USGS map may have silted in, this blue line still functions as a drainageway and therefore it is regulated by section 14-SI-7 Stream Corridors. STAFF RECOMMENDATION: Staff recommends that APLOS-00002, an appeal of the City's determination of a stream corridor on property located north of Rohret Road be denied. ATTACHMENTS: 1. Location map 2. USGS Map 3. Preliminary Plat 4. Executive summary of the wetland delineation plan S. Appeal Approved by: ~~' Robert Miklo, Senior Planner, Department of Planning and Community Development ~\ { ( l" t: tj ~ ~ ~ t: tj . . z o l-of E-i ..( ---I U o ~ ~ E-i l-of fJ) --- C\J o o o o I CD o -' D- c::( en Q) Cti of-' en UJ ..0 :J () ~ l.... of-' C :J o () L L L L L L L L L L L L L L L L L L ~pr~~f '=t'1'- '~.-.~ '~I~ ~ ~ I~ ~ ~o ~ 0'~y Country Club Estates ~ ~ '-", P" 1:\' ~ ~f ~,=//~(~~~ ~~~~ [tl~~~~.\f ~'\,;. '\.Ll~ l'1~t ~F> 'rPf~! I(~' ,-"''''''''" '-; ~-.,-",= ,~U'c90 ' ~. ~~ .!;:, ~.j f~f~~'jiJ= I ~.., < V-? .. '.V :.:-. ~'"'" ~ ._''...~, " . ~. ~-:;n\)~/,';"~131\ ?}%T-Ir;'~~~:;~ ~)l-'r((~~~~;~~ \i '~~~ld M ) Y ~f,?i ~ ~.... I ~ '}\ ~ · \ , " . r;:;-r 1111Y? ., I (, \ ~C-/i..r..-1~K\ '\! ^~ ~~~~/:: I~\,l · -. ~~~ ) ~~j'~)) <c Ri; 1[/ "_V~",::1~8 ~j\~~ .., :/.:jjj ~... If':f. J#~ , _C:L ~ ........~ J~ I ~((.-- 'J}I -....-- 7F(' 'w ~.h..Q"~ .-- Jl\b'/1JY))~C:~C:~~' .~~ ~~~~.~ v ".liR ,,-/r- ~~: ;i;,. - ~c-..: . ~ I 0 (, Illl/,,\ ) ~ :r( "S.\ ~ · .. ~'S.L. . L ~ ~I; I - ! Ii':- )}-17/'/7: ~;ZS' ~"::--.;:-. ~~~~~i" ~ (/, %l~";~~ 'W ~ ~J~~~5?)?':~ -~ -< jJ 'I d,-9~ f(l s: ~ :\ ~ ~""\' ""'~ -'"'- ~ ,,'- ":/.:..... ~ "-..: . ...... "" \.I l\~~~::: >c.... .....,,,,)) " ~ .~~ ~w<.t", J ---'~ '-(:7I~ f\ - ~ . '-J r:. Jl .' ( ,\ (-..::::/~ .. . ( , , ~ V -/ ~->- ~ v-..>' ~ · 8:\; ~ })'E~- '-~P ~6\9"~.1 ~ )\ :;)\~ '" 1_ Lo.. ,,- r -'I -"1 \\ ..... -1Zf ~\ I. V \. -::: v ~"I.:/-- r" r.:r . ~~~t~~:~~;_~h ~ ltJ~ ~~I ( MMS CONSULTANTS, INC. 1917 South Gilbert Street Iowa City, IA 52240 MMS Project #: 4179-011 Figure 1 Country Club Estates (3rd_7th) USGS topographical map Johnson County, IA L r" ,: J ..--: ,1 ~.~ i!'" < ~p '~,>) : / "."',..".." ...../ :~...... PRELIMINARY PLAT r:: COUNTRY CLUB ESTATES THIRD, . ;FOURTH, FIFTH, SIXTH & SEVENTH ADDITION \ IOWA CITY, IOWA ~=-:a!-:!-~~-:.t:t'...y ~& ~Io'. ==-=- ____..."'18'1I..... ...___.. ____ __WIUIlUI~ ......___.18'1I18-10 ..arr.-.... ...~.... ...CIIY,-..... ..arr,....... ='..:t'~' _-.:If ..= - - ""'-'_..u~ -- ~- '~ =- - -....."'.... ..-- ,~- + ~ --.. ,.. ~_.. I '~ ~.~~~ IIII ~- I ..= - , -- _.....'Illl.-M. -=BW,fip.l!lF=- ',Ifi;lf- - PREUMINARY PLAT I MIlS CotISIlLTAII1S. 11fC. .......~ cwa aTl1'D1III:D, rotIImL PWTR. 1III'II,l1lVDl'lll ADOttIOtI M _ =-_..... ~-- . IOWA CITY. 10" . ~=::-~:-. -:-!I-=-~=--==- .. .. p""'".... i i :::-=--- 'i . .___ -L-L:-="- . ~ :~-=- :=--=--=- .....- :::::J :=:= ~-:==:.~ o ._-~ . ---- PI.lT/PIAN APPIOVID .,... City .f Iowa City .,.",.,--.------... ===::.~-~==-.= ~ c::> ~ c:.n Ct) f"'I'1 -0 JJ r- m o UI " :x N .. N LOCAlIPUAP l WETLAND DELINEATION AND MITIGATION PLAN 1 I COUNTRY CLUB ESTATES, 3RD, 4m, 5TH, 6m, & 7m ADDITIONS IOWA CITY, JOHNSON COUNTY, IOWA '" EXECUTIVE SUMMARY MMS Consultants, Inc. contracted by S & J Development, LLP, delineated wetlands in the southeastern quarter of Section 13, Township 79 North, Range 7 West, Iowa City, Johnson County, Iowa. The site map in Figure 1 shows the location of the property and the area investigated for potential wetlands. The property was delineated by Mike Barker ofMMS Consultants, Inc. on November 23,2005. 1 The property features well developed drainage networks and an unnamed USGS blue-line tributary to Phebe Creek. A total of2.83 acres of palustrine, emergent, narrow-leaved non-persistent wetlands were delineated. A separate 0.45 acre area to the south, which was identified as wetland, is believed to be an isolated wetland, thus not considered waters of the United States. This leaves 2.38 acres of corps jurisdictional wetland on the property. Methodology outlined in the Corps of Engineers Wetland Delineation Manual (January 1987) was used to delineate the wetlands. Five transects were made across the wetland areas featuring one wetland and two upland sampling points. Sampling data was collected in selected points in the: cropland areas as well. Data sheets summarizing these points are found in Appendix C of this report. Figure 3 illustrates the delineated wetland areas. Also, included in Appendix A, are site photographs taken during the delineation to show the current ground status of various areas of the property. u 1 The objective of the project is to create a residential subdivision in the western part of Iowa City. The project involves the creation of 173 lots, 10 new public streets, and 3 public street extensions. Since the wetland area is associated with the main drainage way, which divides the property, wetland impacts are unavoidable. Road construction will cross the upper end of the main drainage way and associated wetlands, while the remaining construction activities will be designed around the wetland areas. Mitigation for the impacts to wetlands on Country Club Estates will involve creating 2.32 acres of emergent wetland, 0.88 acres wetland enhancement, and 4.88 acres of upland buffer; for a total mitigation site area of8.08 acres. The goal of the mitigation project is to enhance the functions and values that were lost from impacting the low quality, low diversity drainage way wetland by creating a diverse wetland plant and habitat community that will increase wildlife use and buffer water runoff from the developing community to the downstream resources. SITE DESCRIPTION Soils According to the Soil Survey of Johnson County, Iowa (July, 1977), a variety of soils exist on the Country Club Estates property. In general, the upland soils are silty in nature, while the wetland soils are loamy with hydric features. Upland soils include Fayette silty clay loam sloping 14-18% (163E3), Clinton silt loam sloping 9-14% (80D3), and Ladoga silt loam sloping 5-9% (76C2). Soils with hydric inclusions on the property APPLICATION TO THE BOARD OF ADJUSTMENT APPEAL DATE: 03/21/06 PROPERTY PARCEL NO.1113426005. 1113451002. 11241126001 PROPERTY ADDRESS: West Rohret Road PROPERTY ZONE: RR1. IDRS PROPERTY LOT SIZE: 82.3 acres APPLICANT: Name: S & J Development Address: 1157 Flaastaff Drive Phone: CONTACT PERSON: (if other than applicant) Name: Duane Musser Address: 1917 S. Gilbert St. Phone: 319-351-8282 J " - PROPERTY OWNER: (if other than applicant) The Board of Adjustment is empowered to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Manager or designee in the enforcement of the Zoning Code or of any ordinance adopted pursuant thereto. Please see 14-8C-3 in the Zoning Code for detailed information on the appeal procedure. Planning staff are available to assist applicants with questions about the appeal process or regulations and standards in the code. Decision being appealed: The applicant alleges that an error has been made by the following administrative official (list title) Julie Tallman/Developmental Reaulation Specialist on (date) February 2nd in enforcing the Zoning Ordinance in relation to the property listed above . Please indicate the section of the Zoning Ordinance cited in the official's decision: Sensitive Land and Features14-51-7. Stream Corridors Purpose of the Appeal: The applicant wishes to challenge the above decision based on the interpretation of the following section(s) of the Iowa City Zoning Ordinance. (This section of the code mayor may not be different from the section cited in the decision being challenged.) The purpose of this application is to dispute the city staff's determination that the stream corridor exists on this site. The attached material and third party statements are supportinq information that this site. does not contain a stream corridor by definition Summary: In the space provided below, or on a separate sheet, summarize the basis for your appeal referring to the code sections listed above and providing sound reason(s) for overturning the decision. (Provide evidence demonstrating that the decision was based on an improper or erronequs interpretation of the Zoning Code). Please see attached Packet. Remedy desired: ppdadmin\appeal-boase. doc' March 13, 2006 Julie Tallman Housing - City 410 East Washington Street Iowa City, IA 52240 '"" 0 = = c:r> ~ 0 :JJ!: )> ~::t'" !l :;0 -.- c: 0"'\ ,.-- fTl , rn -0 0 --;-1 -..it.... r'''~ ...."...1 \...) <:::" /" N ~ )> -.I Ms. Tallman, Ron Amelon from MMS requested that I investigate the stream/blueline situation at the proposed Country Club Estates addition. Having done so, permit me to offer the following summary: Field Observations The watershed of the drainageway in question has suffered the same fate as almost every other one in Iowa. Under agriculture, both runoff rates and soil loss rates have greatly increased. The sediment accumulates in the drainageway and the rapid flow of dirty water erodes a channel through it. The old grade control structure at this site was built to try to control this downcutting. A pair of tile lines were also installed, which discharge through the base of the grade control structure. At a location about 100 feet east of the concrete structure, I dug a pit where the accumulated sediment should be thick, but still located far enough away from the structure to be outside of its construction zone. The modem accumulated sediment was found to be 49 inches thick here, resting on top of the original topsoil. About half way down in this soil profile, pieces of very rusty wire were encountered, again demonstrating the modem origins of this sediment. The vegetation also demonstrates this change in conditions. Our original little intermittent streams in Eastern Iowa were places of steady groundwater discharge, and the constant seepage not only supported a regular trickle of water, at least in spring and autumn, but also a permanent wetland containing a great diversity of wetland species. Most of these are shallow-rooted, having no need to go deep for water. The rapid accumulation of agricultural sediment smothers most of these species while the tile lines lower the water table and places it beyond reach of those few which can keep ahead of the sedimentation. Since the 1950's, herbicide application has eliminated the few stragglers. Today, at this site, not even cattails survive and the drainageway is a monoculture of reed canary grass, one species which is tolerant of rapid sedimentation, agricultural chemicals and a lowering water table.. Aerial Photography Existing aerial photographs were studied stereoscopically and they provide snapshots of moments in the evolution of this drainageway. In the 1937 photos, the drainageway is narrow, well defined and incised several feet deep. There is no sign of the grade control structure. In the 1951 photos the drainageway is still narrow and incised, with no grade control. Photography from 1956 shows a widened floodplain developing in several segments in the valley bottom, including sediment forming a delta against the west fence. There is no evidence of the concrete control structure. In the 1963 photography, most of the valley bottom now has a widened floodplain, reflecting more sediment accumulation. The construction zone for the concrete grade control structure stands out very clearly, indicating that activity within the previous year or so. A dark rectangle is either the concrete slab itself or possibly forms being prepared to pour the concrete. By the time of the 1970 photography, the width of the new floodplain has become difficult to discern because agriculture now extends down the slopes and out onto the floodplain. The tile has done its job of draining down the water table and making it suitable for agriculture. The Soil Survey of Johnson County, issued in 1983, represents field work done in the mid-1970's. In this document (photo sheet #53) the drainageway is mapped as an intermittent steam not crossable with tillage equipment, meaning that a gully still ran through the artificial floodplain. Today, even that gully is now mostly filled in with sediment. My interpretation from the aerial photographs is that the valley bottom contained a degraded but biologically functional intermittent stream through 1951. By 1956 it had begun to seriously silt in. Construction of the grade control structure around 1963, plus tiling below, was the hydrologic death knell for this intermittent stream, helping to first convert it to a gullied grassed waterway and finally to just a grassed waterway in an artificial floodplain. Today we no longer have the hydrology, soils and flora that characterized the original. Most of the original fauna has also vanished, although the occasional crayfish or frog might still be found. o ~O p- 0'-:: 1'0.) <= <= <::r- :::JC ::;... ;::0 11 r- fll o :=! () :-<. l- -m O::Q <:::' A ~ 0'\ -0 :3: r:-? ...... Topo Map Bluelines The 1938 USGS topographic map portrays an intermittent blueline stream in this drainageway. The map represents many days of field effort in 1931 and 1934 and should be viewed as an accurate portrayal of what those people actually observed. The topography for the 1965 edition was obtained from air photos, and field checking appears to be limited mostly to new features that could be easily spotted on the photos, such as new roads, river meanders which have migrated, new ponds, new orchards, etc. While the blueline intermittent stream designation was dutifully copied onto this edition, I'm not sure that anyone actually field checked it. The 1983 edition bears the legends "photorevised 1983" and "field checked 1965", making it clear that the streams and intermittent streams were simply transferred from the 1965 edition, unless there was some major shift in location visible on the air photos. The 1994 edition was revised from 1990 photographs and "field checked 1992". Across this entire quadrangle map, all of the 1965 intermittent blueline steams have been converted to solid blueline streams in exactly the same locations. There are no longer any intermittent streams portrayed anywhere on the quadrangle map and it clearly represents a policy change to no longer distinguish intermittent streams here. I cannot believe that anyone actually field checked the Country Club site in 1992. A genuine permanent steam, which is what the solid blue line was supposed to represent, has a variety of distinctive features including a channel, banks, sometimes meanders, often little fish, etc. The present valley bottom under consideration has none of these and the 1994 solid blue line designation is totally in error. The USGS of course knows what a stream is, and this situation simply reflects budgets inadequate to keep up with documenting a rapidly changing world. A few photos are attached. Sincerely Lon D. Drake Professor of Geoscience r--:> 0 <:=> = -s: Cl'" ,,--0 ::x: ).>~ :1'> -< :;;0 -/1 (j ::::;0 en f- -/ r-- !Tl - "- f-n -0 6:JJ 3: r--, ;€:^ N \......I .. )> -.J '--'" v '-..-. v 11 r- m f);' u -.J v o - C)::;! - ,::< P o!B ~~ ::s ~ ~ ;:;;: J::a,; ::0 /J ~ [g - 0'\ ~ --.. ~ '. - 'J Stream - Wikipedia, the free encyclonedia . \' : \..J Stream From Wikipedia, the free encyclopedia A stream or creek, is a body of water with a detectable current, confined within a bed and banks. Stream is also an umbrella tenn used in the scientific community for all flowing natural waters, regardless of size. An analogy is often drawn between time and a stream; see timestream. The study of streams and waterways in general is known as surface hydrology and is important in environmental geography or environmental geology. River A large natural stream, which may be a waterway. Creek (North America and Australia) A small natural stream. Rarely navigable by motor craft and may be intermittent. Often pronounced "crick". Creek (UK and India) A tidal inlet, typically in a saltmarsh or mangrove swamp. Alternatively, between enclosed and drained, fonner saltmarshes or swamps. In these cases, the stream is the tidal stream, the course of the sea-water through the creek channel on each of the flood and ebb. Tributary A contributory stream, or a stream that does not reach the sea but joins another river (a parent river). Sometimes also called a branch or fork. Brook A stream smaller than a creek, especially one that is fed by a spring or seep. It is usually small and easily forded. Contents . 1 Types of water streams . 2 Other names for streams . 3 Parts of a stream . 4 Characteristics of streams . 5 Intennittent and ephemeral streams . 6 Watersheds . 7 See also Types of water streams An Australian creek. Page I of5 .~ A running stream. o ~o o=< -10 .:-<. m -:JJ 0;;;:;: ~ '" <::::) <::::) 0" :::r.: ;no. :::0 11 I m o 0'"'1 -0 ::n: N .. co Other names for streams In the United Kingdom, there are several regional names for a stream: http://en. wikipedia.org/wiki/Stream 3/16/2006 Stream - Wikipedia, the free encyclonedia Page 2 of5 A rocky stream in Hawaii . Beck is used in Yorkshire, Lancashire and Cumbria. . Brook is used in the Midlands. . Burn is used in Scotland and North East England. . Stream is limited to Southern England. In North America: . Kill in New York and New Jersey comes from a Dutch language word, as in Peekskill (Peek's Kill), Fishkill (Fish Kill), and Fresh Kills. . Branch,jork, or prong can refer to tributaries that share the same name as the main stream. Parts of a stream Yellow River in rural Indiana, USA. Rivers of this size are often referred to as a "creek." I'.) 0 c:::::> c:::::> C7"' :2:0 :::J.t: )>=<! :J> 11 :::0 0 .- -10 0"\ I .:-< r -0 m m 0 -:rJ ::r O- N ~^ .. )> OJ A brook in the Bay of Fundy, Nova Scotia Confluence The point at which the two streams merge. If the two tributaries are of approximately equal size, the confluence may be called a fork. Run http://en. wikipedia.org/wiki/Stream 3/16/2006 Stre~ - Wikipedia, the free encyclonedia A:'fairly smooth flowing segmeJh:Jithe stream. Pool Page 3 of5 '--..-I A segment where the water is deeper and slower moving. Riffle A segment where the flow is shallower and more turbulent. Source The spring from which the stream originates or other point of origin of a stream. Headwater The part of a stream or river close to its source. The word is commonly used in the plural where there is ~ single point source. 9 ~ Channel ~ 0 ~ A depression created by constant erosion, that carries the stream's flow. ~ ::::0 Floodplain 0 Flatlands on either side of the stream that are subject to seasonal flooding. ;< p en m -0 -:JJ ::1:: The bottom of the stream. ~ ^ N Mouth ~ .. The point at which the stream discharges, possibly via an estuary or delta, into a static body of~ater su<dbas a lake or ocean. Thalweg The river's longitudinal section, or the line joining the deepest point in the channel at each stage from source to mouth. Wetted perimeter The line on which the stream's surface meets the channel walls. Spring The point at which a stream emerges from an underground course through unconsolidated sediments or through caves. A stream can, especially with caves, flow aboveground for part of its course, and underground for part of its course. Waterfall or cascade The fall of water where the stream goes over a sudden drop called a nickpoint; some nickpoints are formed by erosion when water flows over an especially resistant stratum, followed by one less so. The stream expends kinetic energy in "trying" to eliminate the nickpoint. Bed Characteristics of streams 11 I m o Ranking Streams in geographic terms are awarded order designations. A stream of the first order is a blue-line stream which does not have any other blue-line stream feeding into it. A stream of the second order is one which is formed by the joining of two or more blue- line streams. A third-order stream is one below the confluence of two or more second-order streams; a fourth-order stream is formed by the confluence of at least two third-order streams, and so forth. Gradient The gradient of a stream is a critical factor in determining its character, and is entirely determined by its base level of erosion. The base level of erosion is the point at which the stream either enters the ocean, a lake or pond, or enters a stretch in which it has a much lower gradient, and may be specifically applied to any particular stretch of a stream. In geologic terms, the stream will erode down through its bed to achieve the base level of erosion throughout its course. Ifthis base level is low, then the stream will rapidly cut through underlying strata and have a steep gradient, and if the base level is relatively high, then the stream will form a flood plain and meanders. Low Australian Creek Meander Meanders are looping changes of direction of a stream caused by the erosion http://en. wikipedia.org/wiki/Stream 3/16/2006 Stream - Wikipedia, the free encyclonedia Page 4 of 5 and de~osition of bank material~~-..hese may be somewhat sine-wave in form;-J Typically, over time, the meanders don't disappear but gradually migrate downstream. If some resistant material slows or stops the downstream movement of a meander, a stream may erode through the neck between two legs of a meander to become temporarily straighter, leaving behind an arc-shaped body of water termed an oxbow lake or bayou. A flood may also result in a meander being cut through in this way. Profile Stream in North Bay, Canada Typically, streams are said to have a particular profile, beginning with steep gradients, no flood plain, and little shifting of channels, eventually evolving into streams with low gradients, wide flood plains, and extensive meanders. The initial stage is sometimes termed a "young" stream, and the later state a "mature" or "old" stream. However, a stream may meander for some distance before falling into a "young" stream condition. Intermittent and ephemeral streams In the United States, an intermittent stream is one that only flows for part of the year and is marked on topographic maps with a line of blue dashes and dots. A wash or desert wash is normally a dry streambed in the deserts of the American Southwest which flows only after significant rainfall. Washes can fill up quickly during rains, and there may be a sudden torrent of water after a thunderstorm begins upstream, such as during monsoonal conditions. These flash floods often catch travellers by surprise. An intermittent stream can also be called an arroyo in Latin America, or a wadi in the Arabic-speaking world. A blue-line stream is one which flows for most or all of the year and is marked on topographic maps with a solid blue line. In Australia, an intermittent stream is usually called a creek, and marked on topographic maps with a solid blue line. Generally, streams that form only during and immediately after precipitation are termed ephemeral. Watersheds An Australian creek, low in the dry season, carrying little water. The energetic flow of the stream had, in spate, moved finer sediment further downstream. There is a pool to lower right and a riffle to upper left of the photograph. The entire basin drained by the stream is termed the watershed. Every watershed is made up of smaller watersheds, while most watersheds are parts of larger watersheds. For instance, the Continental Divide in North America divides the Atlantic Ocean watershed from the Pacific Ocean watershed, but the Atlantic Ocean watershed may be first divided into the Atlantic Ocean drainage and the Gulf of Mexico drainage. This delineation within the United States is termed the Eastern Continental Divide. The Gulf of Mexico watershed may be divided into Mississippi River basin and a number of smaller watersheds, such as the Tombigbee River watershed. The Mississippi River watershed includes the Ohio River watershed, which in turn includes the Kentucky River watershed, and so forth. See also . Chalk stream . Lake . Marsh http://en. wiki pedia. org/wiki/Stream 0 '" = = ~O c:r. ::1il: )>~ ;x:... ::0 T1 0 -0 0"\ r ,:;! r m m "" -:0 :x r< 0- ~ "-iI ~,A. ):> 0)3116/2006 Stre~ - Wikipedia, the free encyclonedia . Ocean ~ . . Swamp Page 5 of 5 , ~ Retrieved from ''http://en.wikipedia.org/wiki/Stream'' Categories: Water streams I Sustainability I Rivers . This page was last modified 06:04, 13 March 2006. . All text is available under the terms of the GNU Free Documentation License (see Copyrights for details). Wikipedia@ is a registered trademark of the Wikimedia Foundation, Inc. . Privacy policy . About Wikipedia . Disclaimers 0 ~ = <::::> ~O 0"\ ~ O~ :::0 17 ;<0 - 0\ r , r- _fT1 ~ m 0:0 0 s"""'- i5? i> 0;) http://en. wikipedia.org/wiki/Stream 3/16/2006 L ~ J 2006 HAR / 6 PH /2: I 8 CITY CLERf< >- 1'0 3: I <JJ . 01~ :g<JJ .- C. ~e "Oc. C <JJ -- ..c 1'0... E..c\D <JJ 01 0 ..c::J-"" ...o~ I.I-L..-.... 0..c(V') "'0 "OVl C C C <JJ::J<JJ ... L.. ~ Vl~ 19 rn~o <JJ -- ... ..c10 ...<JJ..c ::Jo.. 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C :>COQJ QJ.!:~ OlUCO COQJ..... c>o .- CO ..... ~.!:O "'OQJ.!: QJS:c.. fiQJ ~I.... OQJ VII c . 0..... .- VI :!:QJ "'Os: C o U . ..... ..-l U QJ ..-l ZQJOO 1-41.... I .. Vi ""'" 0'\ ~ gj~ Z~Lt'I""'" c:(.c<(.. 1--==1-4:t:1:: :...J l!) .. ::J .!: ~ tJ U') ..... .- QJ Z :J U '0' 00 CO I.... UU')s:c.. U')i'0U') ..-l1-4::E ::EO'\ 00:- ::E..-l '" \.J J 200& t1AR I 6 PH 12: I 8 CITY CLERI\ L.. C Q) 0 +-' .- ro +-' 3:.19 E..c c ro en Q) Q).- E L.. ..c .- +-' ':>."0 VlL.Q) EroVl c-'" 0.- c "0"00 C L.. .- roo~ L.. .. L.. ro -E Q) EroE o.c 0 J::"OJ:: c Vl ro c U 0 p"OP VlQ)ro .C .c Q) 2"0 en UQ)Q) roc> L..(i= ~Q)'O U"OQ) E .. U enc ro.~ Q) Q)L..Vl L..Q).c +-'"Oro (J) c .. ro..::.!. Q) L.. E ro E u+-' T"-i Z Q) T"-i _Q)oo L.. I .. +-' ~ 0"\ (J)(J)Nr-.. ~~NT"-i ZQ)Lrl~ ~::9<(" r: .- - :ij: :...J ~ .. :::> ..c ~"tj (J) +-' .- Q) Z ::J U .0' OOroL.. u(J)3:o.. (J)r-..O(J) ::E~-::E ::ET"-i ::E Message Page 1 of 1 Michael F. Barker From: Jesse Henneman Sent: Monday, January 30, 2006 7:50 AM To: Michael F. Barker; Ronald L. Amelon Subject: FW: Country Club Estates (ATTN: Mike Barker and Ron Amelon) -----Original Message----- From: Walsh, Eugene W MVR [mailto:Eugene.W.Walsh@mvr02.usace.army.mil] Sent: Monday, January 30,20067:36 AM To: julie-tallman@iowa-city.org; mms@mmsconsultants.net Subject: Country Club Estates (ATTN: Mike Barker and Ron Amelon) Good Morning Julie, On January 26,2006, I met onsite at Country Club Estates with Mike Barker and Ron Amelon of MMS Consultants. I inspected the waterways on the property to determine if and how they would be regulated under Section 404 the Clean Water Act (CWA). While one drainageway is identified as a blue line stream on the USGS topo map, it lacks the typical physical features of a stream channel (defined bed and bank, ordinary high water mark, shelving, sediment transport, etc.) to be classified an ephemeral or intermittent stream for the purposes of the CWA. However, the Corps will regulate this reed canary grass waterway as an emergent wetland. As a side note, the waterway does exhibit the physical characteristics of a stream below the grade control structure on the west side of the property, but I understand this segment of the waterway is outside the project limits, and therefore, it will not be altered/impacted by the proposed development. Should you have any questions, please write or call me at 309/794-5674. Gene Gene Walsh Project Manager Enforcement Section r-..) () c..-, <::::;) ._- 0'"' "'~:::: 0 :x ..J> --, :r~ T1 -<~ :::0 C) 0"\ r-- (-~ (Tl rn -0 -- :rJ :x 1---' 0...- N U ~'^' .. )> -.J 3/16/2006 FIRST PRESBYTERIAN CHURCH 2701 ROCHESTER AVENUE IOWA CITY, IOWA 52245-3418 PH 319'351'2660 FAX 319'351'2901 fpcchurch@mchsi.com www:firstpresiowadty.oro w 6im City oflowa City Robert Mikio, Senior Planner 410 E. Washington St. Iowa City, IA 52240-1826 March 10, 2006 City of Iowa City Board of Adjustment Special exception-EX C 06-0003 We at First Presbyterian Chruch request another hearing on our request to install a columbarium. We have additional information to answer some of your questions and concerns. We also request the entire board be present. Thank you for this consideration. Sincerely, ~~E~::: ~61~ Richard Brown, Building and Grounds "Lift High the Cross, the Love of Christ Proclaim" MINUTES IOWA CITY BOARD OF ADJUSTMENT MARCH 8, 2006 EMMA J. HARVAT HALL -IOWA CITY, CITY HALL PRELIMINARY MEMBERS PRESENT: Carol Alexander, Michelle Shelangouski, Ned Wood, Michael Wright. MEMBERS ABSENT: Karen Leigh STAFF PRESENT: Robert Miklo, Sarah Walz, Sarah Holecek OTHERS PRESENT: Dick Brown, Mary Lee Dixon, Nestor Lobodiak CALL TO ORDER: Vice-chairperson Alexander called the meeting to order at 5:02 CONSIDERATION OF THE FEBRUARY 8.2006 MINUTES MOTION: Shelangouski moved to approve the February 8 minutes as submitted. Wright seconded the motion. The motion passed 4:0. SPECIAL EXCEPTION EXC06-00003 Discussion of an application submitted by First Presbyterian Church for a special exception to permit installation of a columbarium, a structure containing niches for storage of cremated remains, for use by the church members for property located in the Low Density Single-Family Residential (RS-5) zone at 2701 Rochester Avenue. Walz said that religious institutions require a special exception in the RS-5 zone. She said that any expansion of the existing church on this property also requires approval of a special exception. She noted the Iowa City Zoning Ordinance was updated in 2005, and Columbaria are listed as an accessory use, by special exception, for religious facilities. Walz said that while the prior special exception is due to be challenged in district court, the church has chosen to avoid the delay of a trial and has reapplied for a special exception under the provisions of the new Zoning Ordinance. She noted that it is required that religious institutions have access to a collector or an arterial street and have a minimum front and side setbacks of 20 feet and a minimum rear setback of 50 feet. She noted that the existing church with the proposed columbarium will meet or exceed all of these requirements. Walz said the standards also indicate that proposed religious use should be designed to compatible to adjacent uses. The proposed columbarium is located away from direct view from residential properties and is small in comparison to the church building; it measures 5 feet high and has a diameter of 7-10 feet. In addition, she said that to the wide setback, existing trees and shrubs provide screening along Rochester Avenue. She noted that the church anticipates no significant increase in traffic and therefore proposes no additional parking to accommodate the columbarium. Walz said that in Staffs view, the columbarium will have no significant adverse affects of the livability of nearby residential uses due to noise, glare from lights, late-night operations, odors, or litter. Talking about the general standards requirements Walz said that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Walz said there is an existing church on this property. In Staffs view the expansion of this religious institution to include a columbarium will have no foreseeable effect on public health, safety, comfort or welfare. She said the proposed columbarium is relatively small in scale (5 feet high and a radius of 7-10 feet) when compared to the existing church building. Walz noted the columbarium will be located at least 50 feet away from Rochester Avenue and will not be highly visible from adjacent residential properties. She said although the columbarium may generate occasional visitors, traffic associated with its presence is not expected to increase significantly from traffic already generated by the existing church services. Walz said the church has indicated that the proposed columbarium will not change the intensity of use of the property by its members and does not anticipate any need for additional parking. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the Iowa City Board of Adjustment Minutes March 8, 2006 Page 2 neighborhood. Walz said the columbarium will not be highly visible from the street or neighboring properties. She noted the church property and the proposed location for the columbarium are screened by established trees and bushes along Rochester Avenue, and the front setback is more than the required 20-foot minimum setback. Walz noted that the traffic generated by the columbarium should not exceed the type of traffic that is generated for memorial or funeral services, which are already a part of church's function. She added that the applicant has provided information on property values of homes located next to cemeteries and supporting statements from other churches that have established columbaria. Walz said that even though cemeteries are more intense uses than columbarium, the information submitted by the applicant indicates that the presence of a cemetery in a residential neighborhood in the Iowa City area has not had a diminishing affect on property values. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Walz said the surrounding residential properties are already fully developed. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Walz noted that adequate utilities, access and drainage are in place to serve the existing church on this property, and the columbarium will not increase demand on these facilities. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The Church, Walz said, has two driveways onto Mt. Vernon Drive and one onto Rochester Avenue. She noted the proposed columbarium would be located to the west of the driveway onto Rochester Avenue. She noted the traffic associated with the columbarium should be negligible. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. Walz said the proposed addition complies with the dimensional requirements for religious institutions in the RS-5 zone. She noted that minimum 20-foot front and side setbacks and the 50-foot rear setback are met or exceeded by both the church building and the proposed columbarium. The proposed use will be consistent with the short-range Comprehensive Plan of the City. Walz noted the Northeast District Plan, a component of the Comprehensive Plan, identifies this area as appropriate for institutional uses, which would include religious institutions. Staff recommends that EXC06-00003, an application for a special exception to allow a columbarium addition to a religious institution in the Low-Density Single- Family zone at 2701 Rochester Avenue be approved, subject to general compliance with the plans submitted with the application. Shelangouski asked if the church is currently setback 50 feet. Walz said the setback for church building is well over 50 feet, and the columbarium itself will be setback about 50 feet. Alexander asked if the placement of statuary or monument would require a special exception. Miklo said the building official would determine if the monument would be an accessory use. Holecek said she does not believe the placement of statuary requires a building permit. PUBLIC HEARING OPENED Brown. 2905 Saddle Club Road, NE, said he would be happy to answer any questions the Board might have. Alexander asked if the memorial for the remains be at the church. Brown said the funeral ceremony would be at the church anyway. Wright asked if the columbarium will be constructed and the containers filled will the church consider the expansion of the columbarium. Brown said that expansion would be a possibility, but the church would have to reapply for a special exception. Iowa City Board of Adjustment Minutes March 8, 2006 Page 3 Shelangouski asked if the church has any plans for landscaping around the columbarium. Brown said there plan on having a garden, but nothing concrete had yet been decided. Shelangouski said the foliage along Rochester Street is bare during winter, and asked if the church has plans of planting some evergreen bushes. Brown said there will be a memorial garden around the columbarium. Dixon, 241GreenMountain Drive, said that she has been a realtor in the Iowa City area for over 25 years. She added that she worked with many buyers and sellers and has done hundreds of presentation to homeowners in regard to establishing the market value or property value of their homes. Dixon said that in order to approve the request for a special exception it must be shown that its existence will not impair property values in the neighborhood. She said the question is how to find out if the columbarium will have an impact. She said there is a standard method used in both appraisal practice and real estate practice which looks at property adjacent to cemeteries and compare them with similar properties not adjacent to cemeteries. Dixon said that the data submitted does not have comparable properties or control group valuations to ascertain if indeed there is an impact on property values. Dixon noted that information regarding the 704 Reno Street was submitted. She added the property is located near Oakland cemetery. She said the property sold in November 1977 for $214,000. She added that it sold again in October 2003 for $190,000, and sold again on the same day in October for $185,957. Dixon said these sale figures show a decrease in value. Dixon said the property at 1026 St Clements Street was also submitted. She noted the property is adjacent to St Joseph cemetery. She said the property was listed for $250,000 was sold with $205,000. Dixon said that statistics compiled by the local board of realtors show that property in the area sell for 97%-100% of their listed price. She noted that the St Clements property was sold for 82% of the listed price, value far below the local averages. She said that statements have been made that the columbarium will not diminish property values in the neighborhood; however the methods used to support the statement were incorrect and not reliable. Dixon said she discussed with the local real estate appraisal and an individual from a Chicago area firm whose main duty is to research property values throughout the United States. She noted that both agreed that values of existing property located near cemeteries must be compared with similar properties not located near a cemetery before making a statement in reference to the effect the cemetery or a columbarium has on property value. She requested that the application be denied until further research is done. Lobodiak, 229 Green Mountain Drive, said the methodology used for determining the impact on property values is not correct. He said that Brown has looked at properties adjacent to cemeteries and indicate whether they increased in value. He said that as indicated by Dixon values of existing property located near cemeteries must be compared with similar properties not located near a cemetery. Lobodiak said that a second issue refers to multiple columbaria. He said that at the hearing in 2004 there was some discussion about the intent of placing multiple columbaria on the north side of the church, and moving towards south when the north side fills up. Lobodiak said that a third issue is that there are two special exceptions from the church on the same issue. He noted that the special exception approved 4: 1 in 2004 is currently pending in District Court, and will go to trial in October. He said that he looked at the Code annotated trying to find a case where a Court has addressed the issue of multiple special exceptions, but could not find any because the Board of Adjustment applications are not multiple. Holecek said that the current application is materially different since the law has changed. She said the prior application was under the interpretation that a columbarium could be a facility related to the use of a religious institution. She added that currently the zoning code has changed such that columbarium is specifically addressed in the code, and allowed as accessory use to a religious institution by special exception. Brown said he talked with appraisals in Iowa City if there is a difference in property values located by cemeteries, and determined there is no difference. He added he provided information about houses located on Catskill Court, which are directly abutting a cemetery, and all increased in value when sold. Wright asked if there is another church in Iowa City with a columbarium. Brown said there is one, but is not located in a residential area. Iowa City Board of Adjustment Minutes March 8, 2006 Page 4 Wood asked Dixon to re-explain the situation of property located at 1026 St Clements Street. Dixon said that the property was listed for sale for $250,000 but was sold with $205,000. Dixon said that statistics compiled by the local board of realtors show that property in the area sell for 97%-100% of their listed price. She noted that the St Clements property was sold for 82% of the listed price, a value far below the local averages. Miklo said he has information about the 1026 St Clements Street property. He said the property was marketed as a development site but the property has restrictions in terms of sewer and street access and it was not likely to be redeveloped unless considerable amount of money were spent on updating the infrastructure. Wright asked if the decrease in property value for the property located at 704 Reno Street was due to decline in condition of the property. Dixon said she hasn't had the opportunity to see the home until 1997 when it was in nice condition. Brown said that the house on Reno Street was sold at share sale which indicates that the seller did not have the property on the market to the point he could put a price on it and try to get it. He said that the houses on Conklin Lane have seen an increased in sale price. Dixon said that the methodology used to say there is no negative impact on property values was incorrect, invalid and unreliable. PUBLIC HEARING CLOSED Alexander said that she does not know how valid it is to make comparison with properties bordering cemeteries versus properties that border a church that has a columbarium. Holecek said there is a letter from a church that has a columbarium and no impact on property values. Shelangouski said the letter is from Des Moines which is growing similarly to Iowa City in terms of property values. Shelangouski said she can see the comparison with a cemetery. Alexander said a columbarium seems like a different type of use. Wright said that cemeteries are usually huge as compared to the columbarium. MOTION: Wright moved that EXC06-00003, an application for a special exception to allow a columbarium addition to a religious institution in the Low-Density Single- Family zone at 2701 Rochester Avenue be approved, subject to general compliance with the plans submitted with the application. Wood seconded the motion. Shelangouski will vote against the application. She said most of the burden has been met; it will not be detrimental to or endanger the public health, safe~y, comfort or general welfare. She said the surrounding properties are fully developed so the proposed exception will not impede the normal and orderly development and improvement of the surrounding property. She said there are adequate utilities, egress and ingress are appropriate, however, there is no proof that it will not substantially diminish or impair property values. She said she would like to see a comparison between property values and not just what have sold in the area. Wright said that he was the dissenting vote at the last meeting, however due to changes in the zoning code will vote in favor of the application. He said that the application had met the specific standards in terms of access to an arterial street and setback requirements. He said that it should not be detrimental to or endanger the public health, safety, comfort or general welfare, and the proposed exception should not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. He said the key word is substantially. He said that given the evidences provided from Des Moines showing no negative effect he judges the columbarium will not substantially diminish the property values. Wright said the surrounding properties are fully developed so the proposed exception will not impede the normal and orderly development and improvement of the surrounding property. He added that utilities are in place, adequate ingress and egress are appropriate and the application is in accordance with the comprehensive plan. Alexander will vote in favor of the application. She said the key piece to address is the substantial effect on property values. She added that she does not believe columbarium is equivalent to a cemetery. She Iowa City Board of Adjustment Minutes March 8, 2006 Page 5 said there is no comparable situation in Iowa City, and the only evidence that could be used is the one provided from Des Moines. Wood will vote against the application. He said he believes the property values will be affected by the columbarium. He noted all other standards are met, but he is not convinced the property values will not be affected. Motion fails 2:2, Shelangouski and Wood opposed. Holecek said that one member of the board is absent and the applicant has the option of taking the matter in front of the entire board. The applicant would need to ask for reconsideration in front of the entire board, and someone from the opposed side would make a motion to reconsider the application. OTHER Miklo said they have passed out a new zoning map and a blow-up of the central area around downtown. Alexander asked what level of evidence is needed for Board's decisions. Holecek said that this is something they are trying to find out through the appeal made to the Iowa Supreme Court in the Shelter House case. BOARD OF ADJUSTMENT INFORMATION NONE ADJOURNMENT The meeting adjourned at 6:00 PM. s:/pcd/minuteslboel200603-OB-06.doc ., c"C CI) r... E 0 .,u tn CI) ::so:: :s'CI)U) .."UO ~co ~caN O"C "CC r... 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