HomeMy WebLinkAbout2013-03-21 Info PacketCITY OF IOWA CITY
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CITY COUNCIL INFORMATION PACKET
MISCELLANEOUS
IP1 Council Tentative Meeting Schedule
I122 Partnership for Alcohol Safety — Annual Report 2012
IP3 Civil Service Entrance Examination — Maintenance Worker I - Refuse
IN Email from City Manager: Midwest Video Festival Awards
I135 Memo from City Clerk: KXIC Radio Show
DRAFT MINUTES
IP6 Historic Preservation Commission: March 14
IP7 Planning and Zoning Commission: March 4 (Informal)
IP8 Planning and Zoning Commission: March 7 (Formal)
IP9 Telecommunications Commission: February 25
March 21, 2013
03 -21 -13
�_• City Council Tentative Meeting Schedule
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March 21, 2013
CITY OF IOWA CITY
Subject to change
Date Time Meeting Location
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Tuesday, April 9, 2013 5:00 PM City Conference Board Meeting Emma J. Harvat Hall
Tuesday, April 23, 2013
Monday, April 29, 2013
Tuesday, May 14, 2013
Work Session Meeting
7:00 PM Special Formal Meeting
5:00 PM Work Session Meeting
7:00 PM Special Formal Meeting
4:00 PM Tentative Joint Meeting
5:00 PM Work Session Meeting
Emma J. Harvat Hall
Emma J. Harvat Hall
Emma J. Harvat Hall
Emma J. Harvat Hall
TBA
Emma J. Harvat Hall
7:00 PM
Special Formal Meeting Emma J Harvat Hall
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Tuesday, June 4, 2013
5:00 PM
Work Session Meeting Emma J. Harvat Hall
7:00 PM
Formal Meeting Emma J. Harvat Hall
Tuesday, June 18, 2013
5:00 PM
Work Session Meeting Emma J. Harvat Hall
7:00 PM
Formal Meeting Emma J. Harvat Hall
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Tuesday, July 23, 2013
5:00 PM
Work Session Meeting Emma J. Harvat Hall
7:00 PM
Formal Meeting Emma J Harvat Hall
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.red by:
Bender
Annual Report 2012
Harm Reduction Initiatives Coordinator
University of Iowa
PAS Mission Statement
The Partnership for Alcohol Safety exists to identify and advocate for strategies that reduce high -risk
drinking and promote a vibrant downtown.
PAS Membership
PAS is a campus- community coalition with membership representing diverse sectors from throughout
the University of Iowa campus and the Iowa City community who share a commitment to the same
mission. PAS is co- chaired by the Mayor of Iowa City and the University of Iowa Vice President for
Student Life. PAS membership includes:
• City of Iowa City elected officials and administrators
• University of Iowa students, administrators, faculty and staff
• Bar & restaurant owners
• Law enforcement
• Downtown business owners
• Public health administrators
• Substance abuse professionals
• Ambulance and emergency room personnel
• K -12 school board members and administrators
• Iowa Alcoholic Beverages Division
• Community members
„P,145 Stratgffic -Pr brities
Together, PAS members developed a list of ten strategic priorities broken into four key areas of focus:
Diversified Downtown:
1. Advocate for diverse use of space in downtown Iowa City.
2. Act as a liaison between PAS and other existing groups working to support economic
development and cultural vibrancy in downtown Iowa City.
Neighborhood Issues:
3. Conduct ongoing 360 - degree information gathering with students, neighborhood associations,
landlords, Iowa City officials and law enforcement to determine areas of need related to high -
risk drinking and related problems in neighborhoods. Identify opportunities for collaboration to
effectively address concerns.
Page 1 of 7
4. Conduct educational efforts that support positive neighborhood relations and promote student
safety and success living off - campus.
Legislative Policy Solutions:
5. Identify and advocate for policies and practices that reduce underage access and over - service of
alcohol.
6. Support the development of a local responsible hospitality group to promote responsible
alcohol sales and service practices throughout the industry. Cooperatively resolve problems that
arise by opening lines of communication between bar owners, law enforcement, and the City.
7. Establish strong relationships with state and local policy makers through regular communication
of PAS activities.
Communications. Membership, & Structure:
8. Monitor PAS membership to maintain membership diversity.
9. Monitor marketing and communication of PAS efforts and make recommendations as needed.
10. Create and distribute year -end reports documenting PAS activities and progress.
The issues contributing to high -risk drinking and its related problems are multiple and interrelated. This
complexity requires input from community members representing diverse perspectives in order to fully
understand the issues involved and to identify effective strategies to address the unique conditions in
our community that contribute to the problems we see.
The strength of the PAS comes from a collaborative process where our members come together to listen
to each other's perspectives and expertise, learn about the issues from all sides, and work together to
identify strategies to address the problem. Perhaps the greatest strength of the PAS is that our members
take the information they learn during coalition meetings into their individual spheres of influence
where they are making large and small changes, often in collaboration with other PAS members. The
result of multiple changes implemented by individual members is a large positive cumulative effect on
the conditions in our community that contribute to the problem of high -risk drinking.
On the following pages is a list of community changes and coalition actions occurring during 2012
related to the PAS mission and strategic priorities. All of the listed changes and actions involved direct
contributions and leadership by PAS coalition members.
Page 2 of 7
Progress Related to a Diversified Downtown
A downtown strategic assessment, conducted in 2011 by Divaris Real Estate for the City of Iowa
City and the University of Iowa, was shared with PAS members in January 2012. The assessment
demonstrated hidden potential for expanding retail, restaurant, office, and entertainment
options in downtown Iowa City. The results of the assessment provided incentive for
community leaders and developers to reimagine downtown and consider new possibilities for
utilizing large spaces for purposes other than a night club. The assessment included significant
input from community members who listed a movie theatre and bowling alley as top priorities.
In 2012, the downtown took a leap forward with the formation of the Iowa City Downtown
District (ICDD), a non - profit organization funded through contributions from property taxes
assessed to properties in downtown Iowa City and the Northside Marketplace and financial
support from the University of Iowa. The ICDD and the PAS share similar goals for promoting a
welcoming, safe, vibrant and economically viable downtown business, entertainment, social and
cultural center. The two groups, which have several members in common, will continue to work
closely to support each other's missions.
In 2012, the City of Iowa City, in partnership with the ICDD, took the following steps toward the
goals of creating a cleaner, safer and more diversified downtown:
o The City Council, in partnership with the ICDD, approved a new police officer walking
beat position (paid in part by ICDD) that will start in 2013 and exclusively serve the
district during afternoon and evening hours. The officer will be beneficial to the goals of
ICDD and PAS by helping build relationships between downtown businesses and law
enforcement as well as being a consistent point of contact to help businesses resolve
problems.
o The "Vito's" property is being rehabilitated to convert a ground floor drinking
establishment with no upper floor uses into a retail and cinema entertainment center
with second floor professional offices.
o The single story "Wells Fargo" property on the Pedestrian Mall is being redeveloped to
accommodate a 14 -story retail, office and residential mixed -use building scheduled for
completion in late 2013.
o Small business grants and loans were given to several operations (to diversify downtown
businesses) including the Iowa City Area Development Group (ICAO) Co -lab, Prairie
Lights, Busy Co- Working, Molly's Cupcakes, Trumpet Blossom Cafe and Running Wild.
o The City reviewed several mixed -use development proposals for a property on the
northeast corner of College and Gilbert streets downtown. The winning proposal was
selected in January 2013 and includes space for two movie theaters and a 12 -lane
bowling alley to diversify downtown entertainment options.
o The City is currently negotiating a development agreement for the repurposing of the
former "Fieldhouse" property that would convert the space from a large drinking
establishment to retail and office use.
o The City strongly supports the University of Iowa's continued investment in the
downtown, including the planned School of Music project.
o In addition to the specific projects mentioned above, the City Council created a density
based zoning incentive that encourages the construction of Class A office space in the
central business district. City staff members are currently working on a facade
Page 3 of 7
improvement program that will further contribute to healthy building stock in the
coming year.
A recent legislative action to remove the ban on dogs in the Pedestrian Mall is intended
to facilitate and meet a growing demand for residential uses in the downtown area.
Progress Related to Neighborhood Issues
A strong downtown depends on diverse neighborhoods that promote living opportunities within
walking and bicycling distance to the district and nearby employment centers. For this reason,
the City Council identified neighborhood stabilization as one if their primary strategic plan goals.
In 2012, the Council took steps toward ensuring that the city s core neighborhoods remain
viable for all populations, including individuals, families, students, owners and renters.
Examples of such efforts include:
o Zoning code changes restricting the number of bedrooms per unit, providing incentives
for 1- bedroom unit development and requiring additional off - street parking in a newly
created University Impact Area.
o Nuisance mitigation strategies including changes to the disorderly house ordinance and
increased code enforcement efforts.
o Investment in private housing stock that promotes home ownership including the
UniverCity program (a partnership with the University), the City's General Rehabilitation
Improvement Program (GRIP) and a newly created Targeted Neighborhood Investment
program.
As in past years, in 2012 PAS members gathered a variety of data to monitor trends in off -
campus house and apartment parties including: Disorderly House arrests and City of Iowa City
nuisance ordinance code compliance meetings between tenants and landlords.
In addition to gathering data, PAS members gathered input from key stakeholders who shared
their personal observations on the prevalence and severity of house and apartment parties
including: students, property managers, law enforcement, neighborhood associations, and City
of Iowa City staff involved in housing issues.
o Consensus from stakeholders was that while house and apartment parties continue to
occur, the number of disruptive parties has declined, resulting in less neighborhood
disruption.
In the fall of 2012, PAS members developed and implemented a high - visibility enforcement and
education campaign called Beware, Be Safe, Be Smart to raise awareness among UI students
about party patrols conducted by the Iowa City Police Department and provide students with
tips for avoiding problems as a party host or guest. The intention behind the campaign was to
reduce disruptive and dangerous house parties through a combination of deterrence and
education. The campaign was well- received and will be expanded in 2013.
Page 4 of 7
Progress Related to Legislative Policy Solutions
In March 2012, the Iowa Alcoholic Beverages Division launched I -PACT (Iowa Program for
Alcohol Compliance Training), a free online responsible beverage service training program.
o In the summer of 2012, a UI student volunteered for PAS by conducting a survey with
downtown alcohol licensees to determine their awareness of the new I -PACT program
and the extent to which they were using it to train their employees. The process of
conducting the survey increased awareness of and participation in I -PACT among
downtown licensees and their employees. Completion of I -PACT by employees of Iowa
City alcohol licensees was among the highest in the state with over 1300 employees
from Johnson County completing the training in 2012.
The University of Iowa Student Government created Safe Ride, an emergency taxicab service for
UI students, to provide an additional safe transportation option for students; complementing
Nite Ride provided by the UI Department of Public Safety.
Several meetings were held during 2012 between Iowa City police officers, City officials, and
downtown bar owners to continue opening lines of communication and facilitate greater
collaborative problem solving.
The PAS coordinator attended Iowa Alcoholic Beverages Division (ABD) commission meetings
and the ABD Symposium in Sioux City to advocate for research -based policies at the state level
that would benefit Iowa City in terms of reducing high -risk drinking and its negative
consequences.
Progress Related to Communication, Membership, & Structure
In early 2012, the first PAS Annual Report was created to document the history and progress of
the PAS from its beginning in 2009 until the end of 2011. The 2011 Annual Report was utilized
frequently to educate the media, community, and prospective coalition members about the
history, mission, and activities of the PAS.
In 2012, we increased use of the PAS website to post coalition information to improve
communication about the PAS with current and new coalition members, media, and interested
community members.
In 2012, we saw PAS membership grow in several important areas, including:
o The number of UI undergraduate and graduate students participating actively in
coalition meetings increased from fewer than 5 to more than 10 in the past year.
o Staff and students from UI Fraternity and Sorority Life
o The Director of Johnson County Ambulance Service
o The Executive Director of the Iowa City Downtown District
Page 5 of 7
National College Health Assessment (NCHA) (2009 -2012)
(NCHA is administered to a representative convenience sample of undergraduate students in the spring.
The full report can be viewed online at http: / /studenthealth.uiowa.edu /wellness /health -iowa -data.
1
9% decline in the percent of students engaging in high -risk drinking at least once in the past two
weeks (70.3% in 2009, 64.1 % in 2011).
1 19% decline in the percent of frequent high -risk drinkers (high -risk drinking on 3 or more occasions
in past two weeks) (41.1% in 2009, 33.3% in 1012).
1 18% decline in the percent of students drinking 10 or more days per month (36.4% in 2009, 29.8% in
2012).
1 16% decline in the average number of drinks consumed per drinking occasion (7.43 in 1009, 6.26 in
2012).
1 30% decline in the percent of students experiencing negative consequences as a result of drinking
(65.1% in 2009, 58.3% in 2012).
Iowa City Police Calls for Service Downtown (2009 -2012)
(Boundaries of ICPD downtown service area: Kirkwood, Dodge, Madison, and Jefferson).
64% decline in calls for Disturbance /Loud Party (668 in 2009, 241 in 2012).
( 45% decline in calls for Assault (166 in 2009, 92 in 2012).
1 37% decline in calls for Criminal Mischief (255 in 2009,161 in 2012).
26% decline in calls for Fight in Progress (437in 2009, 323 in 2012).
y 23% decline in calls for Intoxicated Pedestrian (226in 2009, 173 in 2012).
Law Enforcement Arrest Data (2010- 2012 *):
( *A change in enforcement in 2010 resulted in increased patrol by UIPD downtown and increased patrol by
ICPD in the near - downtown residential areas. This change in enforcement practices accounts for
significant differences in Disorderly House arrests and PAULA citations in 2010 compared to 2009. The
enforcement change remained in place 2010 -2012, allowing for consistent levels of enforcement and more
accurate data comparisons during those years).
1
46% decline in Possession of Alcohol Under the Legal Age citations -ICPD and UIPD combined (901
in 2010, 485 in 2012).
26% decline in Disorderly House arrests -ICPD (273M2010, 202 in 2012).
We understand there is no single piece of data that can tell the full story about changes happening in
our community related to alcohol safety. Therefore, in order to develop a more complete picture, we
look at many different kinds of quantitative data combined with ongoing conversations with key
stakeholders such as students, law enforcement, business owners, and community members.
Since the beginning of the PAS in 2009, the majority of the quantitative data and anecdotal reports from
students, officials and community members point to positive changes in alcohol safety. We understand
Page 6 of 7
that our work is just beginning and that in order to achieve long -term, sustained change we will need to
remain committed to our mission for many years to come. That said, we are making clear progress.
Additionally, the substantial number of environmental changes currently in the planning stages gives us
reason to expect much more progress in the coming years. Cumulatively, these changes are leading us
to a healthier, safer and even more vibrant community for all of us to live, learn, work and play.
Page 7 of 7
�,I r 1
�'�►t''llr ®'� i
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
March 13, 2013
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination — Maintenance Worker I - Refuse
Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby
certify the following named person(s) as eligible for the position of job title.
Mark Ridenour
IOWA CITY CIVIL SERVICE COMMISSION
aul Hoffey, Commi
Marian Karr IN
From:
Tom Markus
Sent:
Friday, March 15, 2013 4:57 PM
To:
Marian Karr
Subject:
FW: Video Award for the Cable Division
Attachments:
Memo to Bob re WCM awards.docx
Next info packet.
From: Bob Hardy
Sent: Friday, March 15, 2013 2:50 PM
To: Tom Markus
Cc: Geoff Fruin; Mary Bryant
Subject: Video Award for the Cable Division
Tom
am happy to announce that we continue to be an award winning community programming Unit and this year
you are officially one of the stars of an award winning video.
Attached you will find a memo from Mary Bryant regarding our awards. Thank you for being a part of this
effort.
1.
Memo
Date: March 15, 2013
To: Bob Hardy
From: Mary Bryant
Re: Best of the Midwest Video Festival Awards
IC��
I am pleased to inform you that we have received awards for the series Iowa City In
Focus and for an episode of Community Highlights at Wisconsin Community Media's
15th Annual "Best of the Midwest" Video Festival.
Iowa City In Focus received the Excellence Award (first place) in the series category
among professional entries. We submitted the October, November, and December
episodes from 2012 to represent the series for judging. These included Tom Markus's
interview with Mike Moran about the Terry Trueblood Recreation Area, my interview
with Nancy Bird of the Iowa City Downtown District, features on the Johnson County
Crisis Center's Project Holiday, the Northside Oktoberfest, and updates to the Iowa City
Municipal airport, among others.
The short program Community Highlights: Bike /Bus /Car Race 2012 received the
Achievement Award (second place) in the documentary /feature category among
professional entries. This program featured the annual Bike /Bus /Car race held in Johnson
County during Bike -to -Work Week and included "before" and "after" interviews with
each of the participants and others involved in the event.
The awards will be presented during the 2013 WCM -ACM spring conference at the "Best
of the Midwest" Video Awards Banquet and Show in Milwaukee in April, where a short
clip will be played of Iowa City In Focus, as a recipient of an Excellence Award. Ty
Coleman is attending the spring conference and will be present at the banquet to accept
the awards.
r
�- = =r CITY OF IOWA CITY p
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M E M 0 RA N D U M
Date:
March 20, 2013
To:
Mayor and City Council
From:
Marian K. Karr, City Clerk
Re:
KXIC Radio Show
At your March 19 work session meeting Council Members agreed to the following revised
schedule:
March 27 - Champion
April 3 - Mims
April 10 - Dickens
April 17 - Throgmorton
Future commitments:
May 8 - Dobyns
June 19 - Dobyns
August 14 - Dobyns
U: radioshowappts.doc
IP6
MINUTES PRELIMINARY
HISTORIC PRESERVATION COMMISSION
MARCH 14, 2013
EMMA HARVAT HALL
MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William
Downing, Shannon Gassman, Andrew Litton, David McMahon,
Pam Michaud, Ginalie Swaim, Dana Thomann, Frank Wagner
MEMBERS ABSENT: None
STAFF PRESENT: Chery Peterson, Bob Miklo
OTHERS PRESENT: Mike Moran, Deanna Thomann
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
None.
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:15 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
Swaim said two Commission members will not be returning for the next term. She thanked
Gassman and Downing for their work.
Swaim stated that Frank Durham would be the new Commission member for the Summit Street
District, and Kate Corcoran would be the new at -large member.
CERTIFICATES OF APPROPRIATENESS:
208 Fairchild Street.
Deanna Thomann said she is a part-owner of this property and was available to answer
questions.
Peterson said this application involves installing new gutters. She said this would not come
before the Commission except that there is a section of the existing gutters that is built -in that
the owners would like to cover up and use external -type gutters.
Peterson said this property is in the North Side District at the very west end. She showed the
area in question in the east side of the house, where there is a short section that is sort of flat
between the main roof and an add -on. Peterson said staff feels that eliminating that amount of
built -in gutter seems appropriate. She said it is not a significant feature on the house, and it is
causing water damage.
Deanna Thomann said the built -in gutter is causing significant damage to the ceiling of the room
that is right inside the window. She said the gutter has completely failed.
Baldridge said this is not normally a visible fagade of the house. Michaud said it is pretty routine
for the Commission to approve a change on interior gutters, because they are so problematic.
HISTORIC PRESERVATION COMMISSION
March 14, 2013
Page 2 of 7
MOTION: McMahon moved to approve a certificate of appropriateness for the application
for 208 Fairchild Street, as presented in the application, with the condition that the visible
features of the existing cornice and eaves are maintained at the section of existing built -
in gutter to be covered. Baldridge seconded the motion. The motion carried on a vote
of 9 -0 (Wagner absent for first vote and Thomann abstaininal.
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
There were none.
REVIEW AND APPROVE PLANS FOR NED ASHTON HOUSE — PRESENTATION BY MIKE
MORAN:
Moran said that he is the Parks and Recreation Director. He said that the City has bought
several properties in the Normandy Drive area after the flood and has removed the houses.
Moran said that one of the houses that the City purchased is the Ned Ashton House, and he
wanted to fill the Commission in on the process of the project. He said the City will not be
removing the building because of its historic status. It will be converted for park use and meeting
space.
Moran said that after the flood, the owner had a buyout offer from the City, and the owner
accepted that offer. He said the City purchased the property in 2010. Moran said the building is
on the National Register of Historic Places and was owned by Ned Ashton.
Moran said that, according to FEMA regulations, the house had to go through an adaptive reuse
plan. He stated that the City hired Tom McInerney through an RFP process to do that. Moran
said that plan has been submitted and as of February 21St went past the 30 -day grace and
opinion period.
Moran stated that the next phase that the plan is in now consists of hiring McInerney to
complete the plans. He said the plan will go before City Council for a public hearing and then
the construction process. Moran said he wanted to bring the Commission up to date on what
has to be done.
Moran said the State Historical Preservation Office (SHPO) has been out to review the plans
and has given some suggestions and alternatives. Moran said he previously wrote to the
Commission about that and wanted to answer any questions about the plan.
Moran showed slides regarding the plan and showed the location of the property. He said the
intersection of Manor Drive and Normandy would be used as the entrance to the parking lot.
Moran said they are currently going through the process of deciding the best location for this.
He said it may slide just a little bit further to the east to tie into the intersection.
Moran showed the trees and landscaping that will basically remain intact, as well as a walkway
that will be added to. He said that because FEMA money was used to buy the property,
concrete or asphalt cannot be used for the parking lot; it has to be a pervious material.
Moran showed the basement floor plan and the garage. He said the house has been designed
so that if there is serious flooding again, the windows and doors will be opened to allow water to
HISTORIC PRESERVATION COMMISSION
March 14, 2013
Page 3 of 7
just flow through the house. Moran said that after the water recedes, then a pressure washer
will be used to clean everything out.
Moran showed the upstairs. He said the preserving integrity of the building to make it still seem
like a house is very important to SHPO. Moran showed what will stay the same and the things
that will be changed. He said they will be taking out a wall so that there will be room for a
speaker to have eye contact with everyone in the room.
Moran said they will have to make one of the bathrooms ADA accessible, and they will be
bringing up the mechanical equipment in case of flooding. Moran said they have to make one
entry ADA accessible and are working on design options for including a ramp into the front door
area.
Moran showed a timeline for the process. He said the public hearing before City Council will be
set for April 19. Moran said they hope to take it out to bid shortly after the public hearing and
award the bid in early June at the first City Council meeting.
Moran said McInerney feels the project may take more than the three or four months than
Moran would like it to take. Moran said he would like to have it done faster, but he hopes it will
be completed in time for the Christmas parties.
Moran said the capacity of the building will be about 150 total. He said that each floor is
designed for about 75 people, and they will have to be careful with the way they limit that for
conferences and meetings.
Moran showed a broader site plan. He said they plan to move the driveway to Normandy Drive
in a safer location than Park Road. Moran said that the driveway on Park Road, however,
cannot be removed, because the State wants it maintained as an integrity issue, as it was
always there. He said it will be gated and will not be used for a public entrance.
Moran said the only opposition to this comes from one neighboring house, whose owners feel
the parking lot would impede the view of the river from their house. He said he feels that with
the line of trees, they cannot see the river anyway, but he feels there will be pushback from that
quarter.
Moran said he has talked to other neighbors who love it. He said the neighborhood cannot wait
for it to be open, and the neighbors feel it will be a good showcase.
Moran referred to the handouts he provided, including a rendition of the ramp that they have
come up with. He said they want to explore some possibilities with a landscape architect to see
if there is a possibility of building this up with landscaping to have a natural ramp up into the
house. Moran said he was not certain FEMA would allow this, because FEMA considers the
addition of dirt to be a barrier to the water.
Moran referred to a picture showing the landscaping that will take place. He said that Project
Green will be an integral part of this.
Swaim asked how many lots the project's land will encompass. Moran showed the lots that
would be used and the lots that would remain vacant.
HISTORIC PRESERVATION COMMISSION
March 14, 2013
Page 4 of 7
Swaim said one image shows a circular turquoise fixture. Moran responded that it represented
a swimming pool that was once in the back yard of an adjacent house that is no longer there.
Moran said that Ned Ashton was a well -known structural engineer. He said Ashton designed all
the bridges between Cedar Rapids and Iowa City on the Iowa River, as well as the intake flukes
on the Hoover Dam.
Michaud asked about the windows on the house. Moran replied that all of the windows are
intact, so they will not be changed.
Swaim commented that this will be a great use for the land and the house.
Regarding outside changes to the house and grounds, Peterson said that would involve the
parking area and the ramp, but the outside of the building really stays the same. Moran
confirmed this.
Gassman asked Moran to describe the paving surface. Moran discussed the pervious pavers
and how they would have to be dealt with. Gassman asked about possibly landscaping through
the middle of the parking area to break it up. Moran said that they have to follow City
regulations. He showed where there would be buffering and two islands where there would be
landscaping.
Miklo stated that this is a local landmark, so any building permits involving the exterior would
require Commission or staff review. He said it would be appropriate at this point for the
Commission to identify any concerns, and if there are none, to propose a motion of general
support for the reuse plan.
Moran said a more finalized plan for a ramp could be brought before the Commission for
consideration at its April meeting.
MOTION: McMahon moved to approve the general plan for the reuse of the Ned Ashton
House. Baldridge seconded the motion. The motion carried on a vote of 11 -0.
Michaud said that when more specific plans are made, the issue of exterior lighting details for
the parking lot could be addressed, and perhaps short fencing, if that is necessary, so that the
design would be contemporaneous with the house. Moran said that FEMA does not like
fencing, so he does not anticipate any fencing requirements.
DISCUSS HISTORIC PRESERVATION WORK PLAN FOR 2013:
Miklo said that once a year, the Commission identifies one or two priority items to concentrate
on. He stated that last year, it was the Melrose Neighborhood Historic District and the Jefferson
Street Historic District, one of which was accomplished.
Miklo said that the chair and staff have been working closely with the Melrose Avenue
Neighborhood Association, and they are not quite ready to go forward. He said the Commission
will therefore wait for the Neighborhood Association's lead on that.
Miklo said the question is, realizing the Commission has limited staffing, what should be focused
on for the following year.
HISTORIC PRESERVATION COMMISSION
March 14, 2013
Page 5 of 7
McMahon asked if anything further has been done about education. Miklo said there are some
goals for education identified in the executive summary, and there are more details in the plan
itself.
Michaud said she has received some inquiries about the Manville Heights area, which has
already been surveyed but not very well supported for an historic district. She said there have
been some smaller rundown houses torn down and very large houses put in.
Michaud said there were some height limitations for the lots, based on the other houses. She
said numerous topographical changes were made, so that this is suddenly really a bump -up
from the 1920s houses. Michaud said that a compromise might be that there be no teardowns
unless the house has deteriorated to the point of no return and that the heights of the roofs not
just be averaged but maxed out at the other heights on the block. She said that height and
square footage of the footprint could be suggestions for new construction not exceeding the
largest house on the block.
Miklo said the measures Michaud is speaking of are exactly what an historic preservation district
would address. He said if there is support amongst the property owners, that would be a district
to pursue, but if there is not support, he asked if the Commission wanted to spend its time and
energy on it.
Miklo confirmed that the Manville Heights Neighborhood has been surveyed, and it has been
determined that a portion of it is eligible for the National Register. He stated that discussions
between the Commission and the neighborhood at that time were that if the neighborhood
wanted to pursue National Register or local designation, the Commission would work with them,
but it was up to them to make to initiate designation.
Swaim asked if the stipulations discussed by Michaud are possible without a district. Miklo
answered that that is exactly what an historic district is supposed to do. He said he could not
see another way of doing it without writing a special zoning ordinance for the neighborhood.
Miklo said if that is really what the concerns are, an historic district would be the simplest route
to address them.
Swaim said she believes the Northside is also possibly looking at proposing a conservation
district for part of that area. Miklo said that most of the Northside and the Goosetown
Neighborhoods have been surveyed, although there might be some gaps. He said that from
that survey information, one would probably be able to discern what would qualify for a
conservation district.
Miklo said the Commission did receive a call from the Northside Neighborhood Association,
which expressed an interest in a district. Swaim said she and Miklo will be meeting with them to
discuss the process and other details.
Swaim said she is confident that Melrose will proceed, beginning this summer or perhaps
earlier. She said that leaves Manville Heights and the Northside for consideration. Miklo said
the upcoming goal did not have to be decided at the meeting. He said the Executive Summary
of the Historic Preservation Plan goes into more detail and has a descriptive map. Miklo said a
decision could be made at the next meeting.
HISTORIC PRESERVATION COMMISSION
March 14, 2013
Page 6 of 7
Swaim added that there has been accomplishment of a lot of the education goals, largely
because of Friends of Historic Preservation and its lectures, presentations, and workshops.
She said that another goal of the Preservation Plan, streamlining the application process, has
also been very helpful.
Swaim said that looking at the list shows a lot of gains, but the districts are essential to what the
Commission is doing. The consensus of the Commission was to consider this at the
Commission's next meeting.
ELECTION OF HPC OFFICERS:
MOTION: McMahon moved to nominate Swaim to continue as Chair of the Historic
Preservation Commission and Litton to continue as Vice Chair of the Historic
Preservation Commission. Baker seconded the motion. The motion carried on a vote of
11 -0.
CONSIDERATION OF MINUTES FOR FEBRUARY 14 2013 AND MARCH 1 2013 HISTORIC
PRESERVATION COMMISSION MEETINGS:
MOTION: Ackerson moved to approve the minutes of the Historic Preservation Commission's
February 14, 2013 and March 1, 2013 meetings, as written. McMahon seconded the motion.
The motion carried on a vote of 11 -0.
ADJOURNMENT:
The meeting was adjourned at 5:57 p.m
Minutes submitted by Anne Schulte
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PLANNING AND ZONING COMMISSION PRELIMINARY
MARCH 4 — 5:15 PM — INFORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe
Martin, Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Holecek
OTHERS PRESENT:
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Comprehensive Plan
Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa
City's Comprehensive Plan: "Iowa City 2030."
Walz explained that the Commission will take any public comment they get at the March 4`h
meeting and possibly the two meetings after that. She pointed out the future land use map,
which was created by pulling from all the district plans. She said it's always the district plan that
should be looked to as to what should happen on a specific piece of land. She said it's noted in
the plan itself to refer to the district plans. She said now, before it goes to City Council, is the
time for people to advocate for changes.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 2 of 7
REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said they have met with the applicant and were anticipating a revised plan before Friday,
but haven't received it. Miklo said staff is going to recommend some changes for the existing
Conditional Zoning Agreement (CZA) that applies to the western part of the property that's
already zoned Community Commercial (CC -2). He said after speaking with the police and the
applicant staff would like to change the previous fencing requirements that called for a solid
masonry fence to a wrought iron fence that allows more visibility, along with low shrubs and
fewer evergreens. He said there may be changes to the whole property rather than just the east,
as had previously been discussed.
Freerks asked if that would affect the minimum screening standards. Miklo replied that they
have to meet the minimum standards.
Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Cowell explained that there is a previous sensitive wetlands area, which extends into outlot E,
the subject property. He said the applicant wishes to extend the parking lot in the buffer area in
outlot B by using buffer averaging. He said when the subdivision was previously approved, there
were mitigation measures that were supposed to be put in place, but they were overlooked. He
said staff is recommending that they meet these mitigation standards before extending into the
buffer area.
Freerks said that even if it was another owner who failed to meet the mitigation standards, those
standards are conveyed with the land. Miklo said that the former owner did not install the
wetland mitigation improvements that were required. Freerks asked who checks that these
requirements are met. Miklo explained how this situation came to be, which was basically that
the developer forgot to do it, and it slipped through the cracks.
Eastham asked if the staff at the City did not understand that the mitigation had not been done
when the applicant applied. Miklo said they did not.
Freerks said it might be interesting to have an idea how this can be prevented in the future and
asked staff to look into it.
Eastham asked if he is correct in thinking that the request in this application is to reduce a
wetland buffer area. Miklo said he is correct. It was discussed that even with this reduction in
wetland buffer, the buffer would be more than is required.
Martin asked what the wetland mitigation is that they need to do. Miklo said there are invasive
species of plants, so topsoil will have to be removed before putting in new topsoil and plant
wetland species of trees and grasses.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 3 of 7
Eastham asked if the applicant had knowledge of this "forgotten" mitigation. The Commission
thought that when you buy property, that's something you should know.
ANN13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said this application, if approved, would make these two parcels of land Low Density
Multifamily (RM -12). He said the Comprehensive Plan does show that northeast corner as being
appropriate for multifamily. He said the concept plan submitted by the applicant basically follows
the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an
arterial, so staff is recommending that the applicant pay a fee toward the construction of the
road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff
would want the applicant to build a temporary sidewalk on American Legion Road, and when
the City rebuilds the road, it would put in the full sidewalk to City standards.
Freerks asked about the easement. Miklo explained that it would be in the right -of -way or on the
applicant's property within an easement. He said on Scott Boulevard staff would recommend
that the applicant put in an eight foot sidewalk as part of this development, and the City would
then pay for the oversize cost, which is three feet of that sidewalk.
Eastham asked about the side distance from the access street to the corner of Muscatine and
Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a
public street as shown on the concept plan.
Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said
staff anticipates the property to the east would develop, according to the Southwest District
Plan, with town houses and eventually shifting to single family. He said what the City wants is
the sixty foot right of way along the property line.
Martin said the speed limit increases to 55 mph on American Legion Road when you cross over
Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be
reduced to 25 or 35 mph. He said would happen when annexation occurs.
REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson
County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for
approximately .78 -acres of property located at 1105 S. Gilbert Court.
Miklo explained that the property is zoned Public (P -1) and is owned by the county. He said the
county is transferring the property to the Crisis Center and other social service agencies. He
said staff feels Intensive Commercial (C11) is the most appropriate, as that is on three sides of
the property. He said it is also the most consistent with the neighborhood Comprehensive Plan
for the area.
REZ13- 00007: Discussion of an application submitted by The Rose Company for a
rezoning from Intensive Commercial (C11) zone to Community Commercial (CC2) zone for
approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 4 of 7
Miklo said this is an area where the Comprehensive Plan encourages more Community
Commercial (CC2) and less Intensive Commercial (C11) zoning as the uses within the CC2 zone
would be more appropriate than the light industrial type uses allowed in the C11 zone. He said
there are some issues with no sidewalks on either Highway 1 or Ruppert Road. He said as a
condition of this application, staff is recommending that the walkway from the highway be
installed and the sidewalk be extended on the western frontage of this property. He said staff
recommends that the applicant pay for the cost of the sidewalk along Highway 1, which would
be installed when the City does improvements along the south side.
REZ13- 00008: Discussion of an application submitted by JMK Holdings LC — The Vine
Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S
Gilbert Street as a Historic Landmark.
Miklo said this property was reviewed by the Historic Preservation Commission last week and
they determined that it did meet the criteria for local landmark designation. He said the applicant
is also working to get this property listed on the National Register of Historic Places. He said the
Planning and Zoning Commission's charge is to look at this in the context of the Comprehensive
Plan. Miklo said this area is included in the Riverfront Crossings District, which acknowledges
that there are a few historic buildings left in this neighborhood, and it's important to incorporate
those into the redevelopment of the neighborhood.
Miklo said the designation as local landmark puts restrictions on the property in that any
extensive exterior renovations would require the approval of the Historic Preservation
Commission and would also require their approval for demolition of the building. He said the
benefits of the designation are that the Zoning Code, in order to encourage the reuse of
buildings, has a special exception provision that the Board of Adjustment can waive certain
zoning requirements such as parking standards and setbacks.
Martin asked about imminent plans for the building. Miklo said the owners want to convert it to
efficiency and one - bedroom apartments, and in order to do that, they have to provide parking or
a waiver through the Board of Adjustment.
County Subdivision Item
CZ13 -00001 / SUB13- 00003: Discussion of an application submitted by S &G Materials for
a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE.
Cowell said this property falls within the City fringe area but outside growth boundaries, so City
Council can comment on the zonings of these properties according to the Iowa City and
Johnson County Fringe Area Agreement. He said the application is currently operating on a
temporary use permit for sand and gravel recycling, and their request is for a rezoning to County
Light Industrial (ML) so they can do those operations on a permanent basis without having to
reapply for a Conditional Use Permit as it expires.
Freerks asked how long they had been at temporary status. Cowell replied that they first applied
for the recycling permit in 2010, and they have been under conditional use since 2000. He said
the property does fall in the floodway, and building permits for new structures are unlikely to be
issued. He said staff recommends forwarding a letter to the County to approve the rezoning,
and if it were to be approved, there would be a subdivision that staff is also recommending be
approved.
Planning and Zoning Commission
March 4, 2013 - Informal
Page 5 of 7
Eastham asked if the staff thought that this use or any other permitted use would have
deleterious effects upon any residential area that's within the City limits or future City limits.
Miklo responded that it's highly unlikely that this will be annexed as a growth area, and there is
no one living near here.
Dyer asked if there was a risk because of the flood plain. Miklo replied that was their concern
with the Light Industrial Zone. He said almost all the uses allowed in a light industrial zone other
than this type of use requires some type of building, and the County will not issue a permit.
Cowell added that the permit they are using right now has conditions that once they cease the
recycling they will have to take mitigation measures to restore the land.
Martin asked how long they have been doing this. Cowell said they got their permit for their
sand and gravel operations in 2000, and in 2010 they started the recycling operations, which
required a temporary use permit. Miklo said there is a difference in that the sand and gravel
operation is extracting the material and the equipment on the site that processes that material is
what necessitates the industrial zoning. He said they also recycle concrete, and that's not
something the County allows in the Agricultural zone except on a temporary basis. He said the
County requires the rezoning to allow this use on a permanent basis.
Dyer asked if this sort of recycling wouldn't leave toxic materials in the floodway. Miklo said it
requires DNR approval. Dyer said she thought they were limited in their abilities to enforce their
regulations these days.
Vacation Item
VAC13- 00002: Discussion of an application submitted by Christian Retirement Services,
Inc. for a vacation of the public right -of -way located on George Street between Benton
Street and Oakcrest Street.
Miklo reminded the Commission that there was a rezoning application on this property in 2012
that was approved. He said the proposal includes the skywalk connecting the proposed building
to the existing one. He said in order to make use of the public right of way, the City Attorney has
determined that vacation of that right of way must occur. He said the vacation would start twenty
feet above grade so it wouldn't interfere with normal use of the street. He said this vacation
would help improve circulation in the area, and the staff recommends approval.
Dyer asked why this didn't come up when the property was rezoned.
Miklo said in the past skywalks have been approved as a temporary use of the right of way, but
there is some question of whether this is temporary and therefore vacation of the air rights is
proposed.
Code Amendment Items
Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units
to be located on or below the street level floor of a building by special exception in the
CB -5 Zone for buildings designated as Iowa City Historic Landmarks.
Miklo said this would be expanding a provision that is currently in the Code. He said the
ordinance is designed to allow some flexibility for historic buildings, but to prevent buildings on
Planning and Zoning Commission
March 4, 2013 - Informal
Page 6 of 7
commercial streets from being converted to residential on the ground floor. He explained the
requirement that apply to buildings that could apply for this exception. He said this applies to
several buildings in the Riverfront Crossings area.
Discussion of amendments to Title 14: Zoning Code to modify the process for delineating
regulated woodlands and providing more flexibility to count preserved trees and
woodlands toward any tree replacement or mitigation requirements.
Miklo explained that current ordinance works by identifying the woodlands that are going to be
saved and then you create a fifty foot buffer around that woodland to prevent root damage by
excavation. He said there's no credit for those trees in that buffer. He said this proposal offers
an alternative that if a developer wants to do a detailed tree survey they would identify the drip
line or root zone of the trees to be preserved, which would likely be less than fifty feet. He said
this amendment would also allow credit for other trees on the property that are being preserved.
Eastham asked what generated the staff's interest in this issue. Miklo replied that it had been on
staff's list for some time based on some of the projects that have gone through the sensitive
areas review.
OTHER
ADJOURNMENT:
Eastham moved to adjourn.
Martin seconded.
The meeting was adjourned on a 7 -0 vote.
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PLANNING AND ZONING COMMISSION PRELIMINARY
MARCH 7 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard,
John Thomas, Tim Weitzel
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Greenwood
Hektoen
OTHERS PRESENT: Mary Gravitt, Wally Pelds, LeAnne Krell, Scott Pottorlf, Nate
Herbst, Roxanne Bohlke, John Rummelhart, Vicki DeBono, Janel
Chung, Jesse Allen, Becci Reedus, Doug Ruppert, John Shaw,
Pat Heiden
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6 -0 to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13-
00003 for an annexation and a rezoning from County Residential (R) zone to Low Density
Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from
Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road with the six conditions
as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion
Road as spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with
the City paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road
until such time American Legion Road is reconstructed by the City when the
permanent sidewalk is installed.
4. There will be installation of a public right of way built to City standards along the
eastern property line.
5. Approval of the development plan for the subject property by the design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
The Commission voted 6 -0 to recommend approval of REZ13 -00006 to rezone
approximately .78 acres of property at located at Gilbert Court from Public (P -1) to
Intensive Commercial (CI -1)
The Commission voted 6 -0 to recommend approval of REZ13 -00007 a rezoning of
approximately 2.12 acres of land located at the south east corner of Ruppert Road and
Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC2)
Planning and Zoning Commission
March 7, 2013 - Formal
Page 2 of 18
subject to the Conditional Zoning Agreement that requires construction of a sidewalk on
Ruppert Road and payment of fees towards the construction of a future sidewalk on
Highway 1.
The Commission voted 6 -0 to recommend approval of REZ13- 00008, an application to
designate 529 S. Gilbert Street as an Iowa City Historic Landmark.
The Commission voted 6 -0 to recommend approval of CZ13 -00001 / SUB13- 00003: for a
rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE
The Commission voted 6 -0 to recommend approval of VAC13- 00002, a request to vacate
eighteen hundred square feet of air rights above the George Street public right of way as
well as below grade right of way subject to staff approval of the design of the skywalk.
The Commission voted 6 -0 to recommend approval of amendments to Title 14: Zoning
Code to modify the process for delineating regulated woodlands and providing more
flexibility to count preserved trees and woodlands toward any tree replacement or
mitigation requirements.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Mary Gravitt of 2714 Wayne St. said she was here to get information about the property at
Gilbert and College Streets. She said a twenty story building there is inappropriate because it
borders on the historic and protected neighborhoods. She wanted to know if it had been zoned
yet and what category and class.
Miklo said the current zoning is Public (P). He said with the course the City Council has set, it
would be zoned Central Business (CB -10). He said the City has received a request from other
parties requesting that it be zoned Central Business Support Zone (CB -5). He said that is likely
to be on the Planning and Zoning Commission's agenda April 41h
Gravitt asked if the preamble in the City Code has anything to do with the Code or is it a
separate entity. Freerks said the Commission refers to the Comprehensive Plan often and
recommended that Gravitt read through it.
Comprehensive Plan
Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa
City's Comprehensive Plan: "Iowa City 2030."
Miklo said the last update of the Comprehensive Plan was in 1997 and is due for some revision.
He explained what the Plan is, what it addresses, and what it is used for. He said in terms of
future development, there is a land use plan associated with the Comprehensive Plan. He said
Planning and Zoning Commission
March 7, 2013 - Formal
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in 1997 the city was divided into sub - areas, and detailed plans for all but two of these areas
have been done. He said with the updated Plan, staff proposes that the District Plans continue
to be part of the City's official documents and plans to guide preservation and new
development. Miklo said the Comprehensive Plan consists of the District Plans, the Riverfront
Crossings and the Downtown Development Plan, the Towncrest Plan, the City Steps Plan, the
Historic Preservation Plan, among others.
Walz gave a presentation on how and why this update to the Comprehensive Plan has
changed. She said this update does not contain huge changes from the policies of the 1997
Plan, but it does recognize that while the City has made tremendous progress in some areas,
other areas need to be worked on, and there are new challenges. She said they made changes
based on the Downtown and Riverfront Crossings planning processes, the District Planning
processes, and the two Comprehensive Planning Workshops that were held to get the public's
input, and the Good Ideas campaign on the Internet. She said this update has a focus on
sustainability as defined by the environment, society and economics.
Walz showed a list of things that are consistently liked by the public. She said the small town
feel with the big city attractions sums it up for what many people like about Iowa City. She said
the cover of the update is based on the words people used when they talked about what they
liked about Iowa City. She said the a major challenge identified by the public was economic
development, which includes a desire for new start -ups, helping local businesses grow, better
cooperation among local governments, affordable housing and housing diversity, and
preserving neighborhood schools.
Walz said work has already begun on some of the Good Ideas, including securing a grant to
examine creating more access to the Iowa River by changing the Burlington Street Dam,
supporting an upgrade in rail transit from Des Moines to the Illinois border, extending bike lanes
across the Burlington Street Bridge, and exploration of the feasibility of having an indoor
farmers' market in Riverfront Crossings.
Walz summarized the entire update regarding growth, land use, housing, economic
development, transportation, environment and resources, parks and open space and arts and
culture. She said the Plan is available on the City's website.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to defer this item to the Planning and Zoning Commission meeting of
March 21.
Weitzel seconded.
A vote was taken and the motion carried 6 -0.
Comprehensive Plan / Rezoning Item
A public hearing to amend the Comprehensive Plan - South District Plan to change the
land use designation from Multifamily to General Commercial for property located at the
southeast corner of the intersection of Highway 6 and Broadway Street.
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REZ13- 00005: Discussion of an application submitted by Casey's General Stores, Inc. for
a rezoning from Commercial Office (CO -1) zone to Community Commercial (CC -2) zone
for approximately 2.31 -acres of property and to amend the Conditional Zoning
Agreement for 1.3 -acres of property currently zoned CC -2 located at the southeast corner
of the intersection of Broadway Street and Highway 6.
Miklo said this was deferred from the Commission's last meeting to allow consideration of
changes to the plan to address concerns about neighborhood compatibility. He said the western
portion of the property that's requested for rezoning is zoned Community Commercial (CC -2)
but has a Conditional Zoning Agreement (CZA) that requires a landscaping buffer along the
south and east boundaries. He said the CZA also requires at least a five foot high masonry wall
and extensive evergreen landscaping. He said after consulting with the City Police Department
staff is working with the applicant to develop a plan that would provide for more visibility. He
said the applicant did submit a new plan using a wrought iron fence with some deciduous trees
and low shrubbery. Miklo said the staff and the applicant will continue to work with City's Crime
Prevention Officer to find a plan that achieves the objective of providing screening but also
provides for visibility for the site. He said some elements of the Code regarding landscaping
conflict with the visibility that is recommended for this site. He said since the screening will be
less dense, staff feels that the design of the buildings and the canopies are very important
because they will be highly visible to the surrounding neighborhood areas so that discussion
needs to be continued with the applicant. Miklo said staff is recommending deferral.
Thomas asked what is happening with the trail that is running through the eastern part of the
property. Miklo replied that this is the Highway 6 trail and there would a connection from the trail
to the convenience store. He said there also may be some storm water detention in that area.
Thomas commented that there are multifamily residential along the eastern edge of the property
and he doesn't see as much landscape treatment. Miklo said that is a point of discussion and
staff suggests the same wrought iron fence be continued through here. He said the property
manager's wish is to have little landscaping but staff thinks there is room for some low
shrubbery in addition to the fence.
Eastham said this property is bordered on two sides by multifamily housing, and in the past
when they have considered this kind of redevelopment near a residential area, the Commission
has gone to considerable lengths to try to isolate the use of the redevelopment from surrounding
residences. He asked if they are getting away from that objective. Miklo responded that he
would use the word "buffer" rather than "isolate ". He said they are looking at a different, softer
method of buffering plus using distance as a buffer. He said that they want the back of the
building to be well designed because that's what faces the residential areas, and the building
itself will act as a buffer between residential and the gas pumps. He said there is still some
disagreement about the buffering that they are trying to work out. Eastham said the headlight
effect on residential areas would be fairly noticeable on the east side. Miklo said there is
discussion about having some low hedge to screen that. Freerks said they did receive a letter
from someone across the highway concerned about headlights and traffic noise.
Freerks opened public hearing.
Wally Pelds of Pelds Engineering and representative for the applicant said they plan on
addressing the headlight issues by planting a shallow hedge and then creating a grade or berm
so the headlights would not be shining to the north. He said they may ask for some leniency or
variances as to buffering from the properties to the south.
Planning and Zoning Commission
March 7, 2013 - Formal
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Freerks asked if he agrees that the design of the building is important for fitting in, perhaps
something beyond the standard. He explained the design features of the building, and said they
will continue to work with staff.
Eastham asked if the trees would be installed on the applicant's property. Pelds said they would
be.
Freerks said at the next meeting the Commission will be looking at the issues of noise, light, and
canopies so they will be compatible with the neighborhood.
Martin asked Pelds if there is a design for the pass- through the fence. Miklo said yes, it's a
public right of way.
Thomas said that he liked the idea of a berm very much.
LeAnne Krell, legal counsel with Caseys General Stores, said she has the authority to waive the
45 day limitation, and so waives it. She said she had talked with police at the station directly
across from the site, and they want a clear sight line, no landscaping where people could hide,
or any design elements that lend themselves to graffiti She said she wanted to ask the
Commission how much leniency they are going to give regarding the recommendations of the
police versus minimum standards of the Code. She said they are still very interested in this site,
but understanding law enforcement's concerns, she would like to get some clear indication
whether or not a variance would even be entertained. Freerks said this body does not grant
variances. She said what she would suggest is that the applicant, the planning staff and the
police department meet to discuss the plan. She said there are certain standards that she thinks
can be met, and this is achievable. She said she thinks the design of the building is very
important.
Miklo said there are two aspects of the current plan that don't comply with the City's minimum
zoning requirements. He said the screening in two different areas and the street trees along
Highway 6, and he wouldn't see the street trees as being an issue in terms of visibility.
Freerks said if they are going to be absolutely minimal in some categories, it's helpful to achieve
something a little stronger in building design in order to make up for that. Krell asked if what
they are looking for is an overall development that is aesthetically pleasing that addresses the
concerns of law enforcement, that best meets as is possible the requirement. Freerks agreed
with that statement.
Eastham said for him that it be aesthetically pleasing is the primary goal.
Freerks said noise and lighting are very important in this kind of redevelopment, and she cited
the North Dodge Hy -Vee. She perhaps they could go a bit beyond the corporate model in this
case.
Freerks closed public hearing.
Eastham moved to defer these items to the Planning and Zoning Commission meeting of
March 21.
Thomas seconded.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
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Rezoning Items
REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning
to amend the Sensitive Areas Development Plan to allow a reduction in the previously
approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the
intersection of Dane Road and Mormon Trek Blvd).
Miklo introduced Charlie Cowell, a graduate student in Urban and Regional Planning at the
University of Iowa, who is an intern in the Planning Department. Cowell said the area south of
the subject property is County Residential with homes along Dane Road. He said that outlot B
on the subject property is where the Sensitive Areas Development Plan Overlay is located and
where the buffer reduction is being requested. He said outlot B was set aside according to the
Sensitive Areas Plan for storm water management and wetland restoration when it was put in
place in 2003. He said the property was annexed along with a larger land mass in 2003 into the
JJR Davis Addition, who was the previous owner.
Cowell said the area ordinance requires a fifty foot buffer between the development and the
wetlands. He said the original owner requested buffer averaging, which is permitted when an
increased buffer in one area is required for aesthetics and increased wetland mitigation. He said
along Mormon Trek the buffer was increased and in exchange for a reduction in the north
central part of the outlot. He said the original plan in 2003 provided 4.46 acres of buffer area,
which was above the minimum requirement of 3.56 acres based on the fifty foot wide buffer
area that was required. He said the applicant requests a buffer reduction to expand its
automotive dealership display area to the south. He said with the expansion it would eliminate .3
acres of the buffer area but the overall area would still meet the minimum requirements at 4.14
acres. Cowell said the original plan that was submitted to the Army Corps of Engineers required
mitigation measures, including wetland soil analysis, a list of plants to be used for mitigation,
and monitoring provisions. He said the plan was approved but the mitigation measures never
got implemented. He said staff is recommending approval of the Sensitive Plan Amendment for
buffer reduction under the condition that the mitigation improvement measures be installed prior
to development, and these would include native buffer seeding, wooded wetland planting, tree
planting and protection, and required wetland monitoring reports submitted to the City and the
Corps.
Freerks asked if none of the mitigation was done. Miklo said he asked the City Housing and
Inspection Department how that happened and was told that the previous subdivision approved
by JJR had a public street installed in this area. He said normally before a public street is
accepted, there is an inspection done to make sure all the storm water management facilities
are put in. He said at some point that public street was vacated so there was never an
inspection and none of the mitigation was done.
Eastham asked if there is already an auto display area in place and if the request is to extend
that area. Cowell said yes, and it would encroach into the buffer for the wetland mitigation.
Greenwood Hektoen said there has already been a lot line adjustment to expand Lot B into the
area that previously was Outlot B, but the sensitive areas buffer remains encumbering that area.
Freerks asked if it has to be reassigned. Greenwood Hektoen said it does.
Swygard asked where one of the pictures was taken from. She said she wanted a sense of how
close the dealership was to a residential area. Miklo showed her on a map.
Planning and Zoning Commission
March 7, 2013 - Formal
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Martin asked if the monitoring of the mitigation installments is common for other mitigations.
Miklo said the City has required it depending on the size and quality of the wetland, and in this
case they want to make sure it is done correctly, so that is why staff is recommending it as a
condition.
Martin asked who monitors it. Miklo said the applicant would have a wetland specialist review it
on an annual basis.
Freerks asked if the Inspection Department could come up with a way that this doesn't happen
again.
Freerks opened public hearing.
Scott Pottorff of MMS Consultants said they have been working with the applicant on this
wetland restoration plan and can take questions.
Swygard asked why the applicant chose not to use the good neighbor policy.
Nate Herbst of H &R Construction, who is a representative for the applicant, said that came as a
surprise to him. He said if he had known, they would have used the good neighbor policy.
Freerks asked if he could tell them where the houses are located right below the county line.
Nate says there is a treeline to the southwest that kind of buffers the Commercial from the
residential, and he would estimate that it is about two hundred feet on the southwest side of the
wetlands.
Freerks asked if the lighting standards would apply even though it's County. Miklo said they
would. He said there are restrictions on the height of any fixtures that are within three hundred
feet of a residential zone.
Nate said when the applicant purchased the property from JJR Davis, they were told that the
work was done.
Roxanne Bohlke of 4195 Dane Road SE, a long -time resident, said it's been sad to watch the
wetlands and habitat disappear. She says there is no lack of asphalt and parking for the
dealership. She said if the applicant only takes .3 acres, she can't see how it's important to take
that negligible an amount. She said they have a considerable amount of area already to park
their cars. She said there are many animals in the habitat. She said Billion Auto wasn't here for
either the 1993 or 2008 floods, and she is curious if the water running off those parking lots is
going toward the city or into the wetlands. She said the more wetlands are conserved, the better
the watershed will be in that area.
Pottorff said the building and property are split into two watersheds so most of the run -off is
piped with an overland flow route for larger storms coming into the wetlands. He said there is
another storm water management system that gets piped down to the airport.
Freerks asked how the mitigation will deal with the storm water. Miklo said it's been the City's
experience that when you combine storm water and wetland facilities, it's a real challenge, and
that's why it's so important that this plan be put in place and done correctly. He said they would
be working both with the City and the Corps of Engineers.
Planning and Zoning Commission
March 7, 2013 - Formal
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Pottorff said he has been working with the Corps to make this a better plan than what it was in
2003. He said they are typically hired to do monitoring on their sites, but in this case they hadn't
been hired, so they didn't know it hadn't been installed either.
Eastham asked if the storm water from the southern half of the auto display area goes toward
the residents along Dane Road but is intercepted before it gets to them. Pottorff said that was
correct. He said the plan is to install storm water management per City Code to detain that run
off and slowly release it into the waterway it currently follows.
Freerks asked Miklo if staff is comfortable with the Commission moving forward. Miklo said staff
is recommending approval subject to the monitoring occurring and subject to the installation of
the mitigation improvements prior to the additional paving being done. Freerks said she was
concerned because water can be so damaging to properties. Miklo said the City Engineers are
satisfied with the storm water management plan.
John Rummelhart of 1112 E. Court Street said he is part owner of the closest county house to
the subject property. He wanted to know where, in exchange for a greater buffer adjacent to
Mormon Trek, the reduced buffer reduction in the north central portion of outlot B is. Pottorff
showed him on a map. Freerks said they are still going to have .6 acres above the minimum
number.
Rummelhart said he was not comfortable with the fact that the applicant already has 45 spaces
for car display along Mormon Trek Bouldevard, and they are trying to get five more for
increased exposure and sales. He was upset that they didn't have a good neighbor meeting.
Rummelhart wanted to know if this was the same plan from 2003. Miklo said it is basically the
same, but some of the mitigation in conjunction with the storm water has been revised to add
practices that the Corps thinks will better handle the storm water. Rummelhart said the seeding
standards and distances between trees have been reduced since the 2003 plan. He said in the
agreement with the original owner it states that an obligation to maintain outlot B shall include
but is not limited to the obligation to comply with the compensatory wetland mitigation plan
approved in connection with the ordinance zoning this property and obligation to maintain the
storm water detention basin area. He said that is what now is the applicant's responsibility
rather than to reduce the buffer more, add more parking, and have more cars on the frontage.
He said the applicant has already taken huge advantage of buffer areas.
Rummelhart asked if any calculations have been done for storm water. Miklo replied that the
City Engineers reviewed the storm water management plan based on the City's storm water
management ordinance. Rummelhart asked if funds had originally been escrowed for this
wetland. Miklo said they had not. Rummelhart said he was concerned about the elevation of the
parking lot and the lighting.
Miklo explained that there are currently vehicles parked on the mitigation area that will have to
be removed. He said the county property to the south was identified in an earlier plan as a
material storage area, and as soon as the restoration is complete any activity associated with
the wetland or the dealership should not be on that property. He said the property is zoned
residential and can't be used for the dealership, so since they are proposing to reduce the buffer
on the north perhaps the applicant's residential lot located south of the wetland could be set
aside to compensate for the reduction.
Miklo said if there are concerns about lighting, the Commission could put restrictions on any
additional lighting in the subject area. Freerks asked how lighting has been addressed in the
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March 7, 2013 - Formal
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past in a wetland buffer mitigation area. Miklo replied that the Code really doesn't address
lighting in that situation. He said the Code says that if you are within three hundred feet of a
residential zone the height of the light fixtures is limited to a maximum of 25 feet.
Vicki DeBono of 4173 Dane Road said the applicant has already overstepped what they were
allowed to do. She said that vehicles are parked where they are not allowed, and it's been a
safety issue all winter, and she would like to the applicant to do what they are supposed to do.
She asked to see where the .3 acres will be, and Miklo showed her the approximate area on a
map. She said it's approximately eighty -five feet from the properties to the dealership when
considering lighting. She said that waterway handled a lot of water without all the pavement on
the applicant's property and she wants to know how many acres of pavement there are now.
She asked if there was any wildlife and plant inventory done in the wetland. Pottorff said with
the original development they did a wetlands analysis evaluation, and at that time an inventory
would have been done. DeBono said her hope is that someone does an inventory during
growing season to make sure that something significant isn't plowed up to put in native grasses.
Miklo said there are some invasive species in the area, and the goal was to remove those to
allow the wetland species to recover.
DeBono asked about a nearby property being donated to the City for prairie restoration. Miklo
said that there were some discussions about the area to the south being dedicated to the City
for a prairie preserve. DeBono stated that she hoped the City would understand that anything
that affects habitat there will affect habitat on a nearby property as well.
Roxanne Bohlke said she would like someone from the City to take photographs of the land that
might be donated to the City that is behind the dealership, so they can get a perspective on why
the residents feel so passionate about it. She said there are many waterways on this property.
Miklo said none of the streams are identified on their maps. Bohlke said it depends on the time
of year and the weather.
Eastham asked if her point about the additional waterways is that the storm water plan may not
capture the run -off that's coming from that area. She said the whole network behind the homes
on Dane Road feed into the Iowa River, and they are concerned about the watershed.
Nate Herbst said they will be doing the wetland mitigation work and hope to start as soon as
April. He apologized for the cars that are parked on the buffer and will get them moved. He said
what the .3 acres will do is get forty -two stalls onto pavement so that situation doesn't occur
again. He said approval of the application will get the wetlands restored, they will add stalls,
which will get vehicles away from where they aren't supposed to be, and it is just .3 acres and
they are within the Code.
Eastham asked how many parking stalls exist already. Herbst said he would guess one - hundred
and twelve. Freerks asked if all the survey information is new since they purchased this land in
January. Herbst said it's 2003 information tweaked and reapproved by the Corps. Freerks said
her concern is that no one at the meeting knows what really is the mitigation area, that nothing
is marked off.
Janel Jung of 4181 Dane Road said she thinks they should be getting everything fixed, after
which the applicant can approach asking for a favor. She asked where the buffer would be.
Miklo replied that the buffer would be narrower and bring the cars closer to where the houses
are. He said they suggested to the applicant making the vacant lot a buffer area to compensate
for the additional area. Jung said the applicant had been warned several times in the past six
Planning and Zoning Commission
March 7, 2013 - Formal
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months about moving the cars parked on the buffer.
Rummelhart said the intent of a buffer strip is to be around the entire wetland area, not to be
compressed into one little area. He said there are other places on the property they could park
the cars they want the spaces for. He said the plan in 2003 was agreed on, and now Billion
want to keep chipping away at it. He said enough is enough.
Freerks closed public hearing.
Eastham moved to defer this item to the March 21 meeting.
Swygard seconded.
Eastham asked if the applicant could apply for the same buffer reduction if the wetland
mitigation plan had originally been fully implemented. Miklo said yes. Eastham asked if this
application is rejected can the wetland mitigation original plan still be put in place. Miklo said
what he would recommend is to approve the modifications to the wetland plan, and if the
Commission were reluctant to approve the buffer, don't approve that aspect of it.
Freerks said she would like more information on how lighting could be staged downward as it
gets closer to buffer area and housing. She would like to see the area marked out immediately.
She said she would like staff to talk to the applicant to see if there could be some compromise
to use the area where the house was removed as buffer, particularly because it can't be used
for storage and you can't park cars on it.
Thomas asked about screening. Freerks said she would like to know if all the screening
standards have been met and what they need to be. Thomas said he's concerned about the
height of those lights, so his concern is a really strong tree buffer.
Martin asked if it's possible for a good neighbor meeting to take place before the next Planning
and Zoning meeting. Miklo said they can ask. Eastham said he thought that was a good idea
too. Martin said it was important to have the extended area flagged out.
A vote was taken and the motion carried 6-0.
Freerks called for a three minute break, after which the meeting was called to order.
ANN 13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by
Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low
Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning
from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for
approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the
northeast corner of Scott Boulevard and American Legion Road.
Miklo said part of the subject is already in the city and zoned Low Density Single Family (RS -5)
and part is in the county and zoned County Residential (R). He said this would be annexed into
the city and the overall property would be rezoned to Low Density Multifamily (RM -12). He
showed some images of the property and the house on the property that would be removed. He
said since the informal meeting on Monday, the City has a plan for a round -about improvement
at this intersection which would require some additional right of way from this property, so staff
is revising its recommendation to use additional right of way from American Legion Road in
addition to this corner to accommodate the roundabout. He said staff is recommending that the
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March 7, 2013 - Formal
Page 11 of 18
right of way be on American Legion Road be brought up to City standards of 100 feet wide and
to include the area of the round -about as a condition of the rezoning, as increased density in
this area will create a need to address some of the traffic issues. He showed a concept plan
showing how the property might be developed. He said staff finds this is in compliance with the
Comprehensive Plan so staff is recommending approval with six conditions:
1. There will be payment of fees for the street improvements to American Legion Road as
spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City
paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road until
such time American Legion Road is reconstructed by the City when the permanent
sidewalk is installed.
4. There will be installation of a public right of way to City standards along the eastern
property line.
5. Approval of the development plan for the subject property by the City's design review
committee.
6. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Miklo clarified that the application indicated that there was not a good neighbor meeting but he
understands that such a meeting did take place.
Freerks opened public hearing.
Jesse Allen of Allen Homes said they did have a good neighbor meeting but none of the
neighbors came. He said they did hear that there was some concern about a year ago from
residents in Hampton Court so he was attempting to contact them. He said what got them
interested in this project was the need for a good, affordable multifamily development on the
east side of town that might appeal to the 55 and older demographic as well as others interested
in buying a home.
Thomas asked what Allen's plans are for the outdoor area. Allen said they are considering an
open air structure or a barbecue area for the residents of both buildings to foster a community
spirit. He said they will be integrating trees into the parking lot as well as screening the garage.
He said they will be saving the fir trees along Scott Boulevard.
Martin asked who would build the roundabout. Miklo said it would be the City. Martin asked if all
of the parking would be underground. Allen said they would have some parking areas for
visitors outside. Martin asked how many units there might be. Allen said the maximum they
could do is sixty -five and there are a number of configurations they are considering.
Freerks closed public hearing.
Eastham moved to recommend approval of ANN13- 00001 /REZ13- 00002 /REZ13 -00003 with
the six conditions as laid out in the staff memo:
1. There will be payment of fees for the street improvements to American Legion
Road as spelled out in the subdivision regulations.
2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with
the City paying for the oversize cost, or three feet of that sidewalk.
3. There will be installation of a temporary sidewalk along American Legion Road
until such time American Legion Road is reconstructed by the City when the
permanent sidewalk is installed.
Planning and Zoning Commission
March 7, 2013 - Formal
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4. There will be installation of a public right of way to City standards along the
eastern property line.
5. Approval of the development plan for the subject property by the design review
committee.
7. The additional right of way will be dedicated to the City for improvement of Scott
Boulevard and American Legion Road.
Swygard seconded.
Freerks said she thinks this will be a nice addition to the east side of town.
Eastham said he thinks this is a good use of the land on this corner and complies with the
Comprehensive Plan's concept about putting developments on arterial streets where there's
good access.
Martin said she thinks this is a nice transition between the developments on both sides and is a
nice segue way into filling this land in productively.
A vote was taken and the motion carried 6-0.
REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson
County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for
approximately .78 -acres of property located at 1105 S. Gilbert Court.
Miklo said this property was until recently owned by the County and is currently Public (P). He
said it is being sold to a group of non - profits who will operative a human services agency from
the building. He said the surrounding property is all zoned Intensive Commercial (CI -1) with the
exception of properties on Kirkwood Avenue. He said this complies with the Comprehensive
Plan, and staff is recommending approval with no conditions.
Freerks opened public hearing.
Becci Reedus of the Crisis Center said the Crisis Center owns the property and it will be
occupied by three other organizations. She said they are required to have 49 parking spaces
and their design shows 79. She said they had a good neighbor meeting.
Martin asked what the goal of the capital campaign for the renovation of the building is. Reedus
replied that it is 1.2 million.
Freerks closed public hearing.
Thomas moved to recommend approval of REZ13 -00006 to rezone approximately .78
acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial
(CI -1)
Weitzel seconded.
Freerks said the Comprehensive Plan supports the coordination of neighborhood services and
this item does just that.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 13 of 18
REZ13- 00007: Discussion of an application submitted by The Rose Company for a
rezoning from Intensive Commercial (CI1) zone to Community Commercial (CC2) zone for
approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road.
Miklo said staff recommends approval of this application subject to a Conditional Zoning
Agreement specifying the construction of a sidewalk on Ruppert Road and payment of fees
towards the construction of a future sidewalk on Highway 1.
Swygard asked if there is a concept plan for this application. Miklo said the applicants showed
the planners a concept plan before they submitted the application. Swygard asked if the building
will be on Highway 1. He said the north side will face the highway, and the bulk of the building
will face Ruppert Road, with the entrance at the corner.
Freerks asked if bus service runs out that far. Miklo said there's a route that runs fairly close.
Freerks opened public hearing.
Freerks asked if storm water is taken care of. Miklo replied that the size of the site is not large
enough to require storm water management.
Freerks closed public hearing.
Weitzel moved to recommend approval of REZ13 -00007 a rezoning of approximately 2.12
acres of land located at the south east corner of Ruppert Road and Highway 1 West from
Intensive Commercial (CI -1) to Community Commercial (CC2) subject to the Conditional
Zoning Agreement that requires construction of a sidewalk on Ruppert Road and
payment of fees towards the construction of a future sidewalk on Highway 1.
Eastham seconded.
A vote was taken and the motion carried 6 -0
REZ13- 00008: Discussion of an application submitted by JMK Holdings LC — The Vine
Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S
Gilbert Street as a Historic Landmark.
Miklo said the Historic Preservation Commission has determined that this meets the criteria for
landmark status. He said it is in the Riverfront Crossings area, which identifies the group of
buildings along this portion of Gilbert Street as remaining, given their historic status. He said
staff finds that this application does comply with the Comprehensive Plan and recommends
approval.
Freerks opened public hearing.
John Shaw, the architect for the project, said he thinks this is a wonderful example of a
beautiful, simple historic industrial building that should be protected. Freerks said she would
agree, and she's happy it's still there.
Martin asked if it is in historic preservation purview to maintain the vines that are on the brick.
Shaw said the building is called The Vine, and the vines will stay in place.
Freerks closed public hearing
Planning and Zoning Commission
March 7, 2013 - Formal
Page 14 of 18
Weitzel moved to recommend approval of REZ13- 00008, an application to designate 529
S. Gilbert Street as an Iowa City Historic Landmark.
Eastham seconded.
Freerks said this is a different kind of building from what people often think of as historic, but
she thinks it is wonderful that people have taken on this project, and she thinks and hopes it will
be very successful. She thinks there might be a few other such buildings in the area that would
fall within the same category eventually. Weitzel said that industrial buildings are often
determined historic, but Iowa City just doesn't have many.
A vote was taken and the motion carried 6 -0
County Subdivision Item
CZ13 -00001 / SUB13- 00003: Discussion of an application submitted by S &G Materials for
a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a
final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE.
Cowell explained that this is in the Johnson County Sensitive Areas Ordinance area as well as
in a flood way, so that would limit the types of industrial uses that would be permitted in the
County Light Industrial (ML) zone. He said that in response to a question that was brought up at
the informal meeting on Monday, the County has notified City staff that there wouldn't be any
hazardous materials that would harm the river, and that there would just be concrete recycling.
He said that staff is recommending forwarding a letter to the Johnson County Planning and
Zoning Commission recommending that rezoning to County Light Industrial be approved. He
said staff also recommends that SUB13 -00003 be approved.
Eastham asked if the County was not going to approve the use of asphalt recycling on this site.
Cowell replied that the question was brought up if there were any hazardous materials that were
currently on the site that could be hazardous to the river if it flooded again, and the County
indicated that it was concrete recycling done on the site, not asphalt.
Miklo stated that the indication is that the applicant only intends to do concrete, although asphalt
might be a possibility. He said there are also gasoline and oil associated with the equipment on
the site, but that could occur anywhere else along the river, and if there were an imminent flood,
they could move the equipment.
Freerks opened public hearing.
Freerks closed public hearing
Thomas moved CZ13 -00001 / SUB13- 00003: an application submitted by S &G Materials
for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and
a final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059
Izaack Walton Road SE be approved.
Weitzel seconded.
A vote was taken and the motion carried 6 -0
Planning and Zoning Commission
March 7, 2013 - Formal
Page 15 of 18
Vacation Item
VAC13- 00002: Discussion of an application submitted by Christian Retirement Services,
Inc. for a vacation of the public right -of -way located on George Street between Benton
Street and Oakcrest Street.
Miklo showed the Commission some exhibits and explained that the vacation will consist of a
portion of air rights and rights to use property under the street for footings in order for Oaknoll to
construct a skyway between the existing campus and the new construction. He said the skywalk
will be at least twenty feet above ground so it won't hinder any public use of the right of way.
Swygard said there are several other skywalks in place, and asked if it is typical for them that air
rights be vacated. Miklo said for the University skywalk over Dubuque Street, the determination
was that Dubuque Street was once a State road so they had the rights to do that. He said for
Mercy Hospital and the two county buildings there are use of right of way agreements.
Greenwood Hektoen explained that State law states that the City can't convey a permanent
interest in the right of way to a private entity. She said the other skywalks either have a public
purpose or they have been conveyed to another public entity. She said because this application
is solely for private use, the air rights and subterranean rights have to be vacated in order to
convey this type of permanent interest. She said the City will still have the surface rights.
Eastham asked if vacating the sub - surface rights will affect the ability of the City to rebuild or
repair the street. Miklo said it would not.
Thomas asked if the rights are actually purchased. Greenwood Hektoen said they are.
Freerks opened public hearing.
Doug Ruppert, the attorney for Oaknoll, said they held a good neighbor meeting on this issue.
Thomas asked if the skywalk had been designed yet.
Pat Heiden, the executive director at Oaknoll, said it has been designed and the design for the
entire project was shown at the good neighbor meeting.
Miklo said staff's recommendation for approval is subject to staff approval of the design of the
skywalk. He said staff feels it's important that the City Engineers review the plans.
Heiden indicated that Oaknoll is amenable to that recommendation.
Freerks closed public hearing.
Eastham moved to recommend approval of VAC13- 00002, a request to vacate eighteen
hundred square feet of air rights above the George Street public right of way as well as
below grade right of way subject to staff approval of the design of the skywalk.
Thomas seconded.
Freerks said this seems like a necessary way to allow the residents of Oaknoll to access both
Oaknoll structures, and it meets the requirements for vacation.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 16 of 18
Code Amendment Items
Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units
to be located on or below the street level floor of a building by special exception in the
CB -5 Zone for buildings designated as Iowa City Historic Landmarks.
Miklo said staff is recommending approval.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to recommend approval of an amendment to Title 14: Zoning code to
allow multi - family dwelling units to be located on or below the street level floor of a
building by special exception in the CB -5 Zone for buildings designated as Iowa City
Historic Landmarks.
Weitzel seconded.
Freerks said she thinks this is a good idea, and it worked well in the past for the Carnegie
Library. She said if we can have adaptive re -use of structures that are important to the
community she thinks we should do that.
A vote was taken and the motion carried 6 -0.
Discussion of amendments to Title 14: Zoning Code to modify the process for delineating
regulated woodlands and providing more flexibility to count preserved trees and
woodlands toward any tree replacement or mitigation requirements.
Miklo said staff is recommending approval.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham recommended approval of amendments to Title 14: Zoning Code to modify the
process for delineating regulated woodlands and providing more flexibility to count
preserved trees and woodlands toward any tree replacement or mitigation requirements.
Weitzel seconded.
Eastham said this is a really good example of staff responding to issues that come up and trying
to administer the Code as it exists and making the necessary improvements and modifications
to the Code to make it more flexible and more effective.
Freerks added that she hoped there might be some requirements and incentives to keep large,
beautiful specimens that otherwise might be overlooked or removed in place.
A vote was taken and the motion carried 6 -0.
Planning and Zoning Commission
March 7, 2013 - Formal
Page 17 of 18
Consideration of Meeting Minutes: February 21, 2013
Eastham moved to adopt with changes requested by Thomas.
Swygard seconded.
A vote was taken and the motion carried 6 -0.
OTHER
ADJOURNMENT:
Eastham moved to adjourn.
Weitzel
seconded.
The meeting was adjourned on a 6 -0 vote.
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03-21-13^
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IOWA CITY TELECOMMUNICATIONS COMMISSION DRAFT
MONDAY, FEBRUARY 25,2013--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST. -TOWER PLACE PARKING FACILITY
MEMBERS PRESENT: Alexa Homewood, Matt Butler, Hans Hoerschelman, Nicholas Kilburg,
Laura Bergus
MEMBERS ABSENT:
STAFF PRESENT: Mike Brau, Bob Hardy, Ty Coleman
OTHERS PRESENT: Josh Goding, Bond Drager, Emily Light, Kevin Hoyland
RECOMMENDATIONS TO CITY COUNCIL
None at this time.
SUMMARY OF DISCUSSION
Hoerschelman said the University of Iowa channel is changing its structure and will be carried
statewide by Mediacom and asked if the channel will be considered a commercial channel or local
access channel. Hardy said he has not seen any change in their programming to date and will inquire
into the University's plans for the channel. PATV will have a producer potluck Feb. 28 at 6 p.m. that
will include board recruitment activities and a screening of the first episode of a sci -fi series called
Moon Zero Three. Hardy has provided Tom Markus a memo outlining his recommendations for how
to start to save money and build a reserve fund for access services after 2018 when a significant
reduction in funding will take place when Mediacom transfers to a state franchise. Hoerschelman
asked if there was anything in Hardy's memo beyond what he has shared with the Commission. Hardy
said PATV's contract would need to reflect the proposed joint facility. The City Channel office is an
asset that could help fund a combined facility in the PATV building. Hardy said he recommended the
next PATV contract be for five years. Hardy said until the City and PATV are ready to discuss the
changes to their contract he has nothing else to share with the Commission. Hardy said it is the intent
to save access to the extent possible. Hardy said the city is guaranteed the same number of access
channels under a state franchise. Hoerschelman said broadband survey is nearly ready to be launched.
An email to City employees, school district employees and University employees requesting their
participation is planed. The schools and City are ready to send it now, but the University is still in the
bureaucratic process. The schools and City email will likely go out before the University. Some social
media outlets will likely be utilized as well.
APPROVAL OF MINUTES
Hoerschelman moved and Kilburg seconded a motion to approve the amended January 28, 2013
minutes. The motion passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Kilburg said terminated work as an attorney for a client when he discovered they were an adverse party
to the City. Kilburg said while he does not believe his service on the Commission created an actual
conflict, it is important to acknowledge a possible appearance of a conflict. Hoerschelman said that
this meeting would be his last as his term will expire March 13 and the City Council has appointed a
replacement. Hoerschelman read the statement below.
February 25, 2013
Iowa Clay, IA
Iowa City Telecommunications Commission
City of Iowa City, Cable TV Division
City of Iowa City, City Council
410 E Washington St
Iowa City, IA 52240
Commissioners, City Staff and Council:
For the past 5 years It has been my pleasure to serve on the Iowa City
Telecommunications Commission. I am grateful for the opportunity provided by the
City Council for citizens to be involved In the oversight of the municipal cable
franchise and the Access entities of Iowa City. I have met and dealt with many
different people in my time on the Commission and pined much insight into the
municipal cable franchise and. the operations of the Access entities in Iowa City.
I would like to thank the commissioners, both past and present, for their time and
dedication to the issues presented to the Commission. I would also thank the Access
entities and their staff for their monthly attendance and reports, and their sense of
cooperation and community. Finally, I would like to give great thanks to the staff of
the City Cable TV Division for their time and effort with regards to the commissiows
dealings. You are all a great resource for the Community and I commend your
dedication.
It is my hope that I have made positive contributions to the Commission and
Community during my term. I hope to continue to work with the Commission and
City Staff on the Broadband Survey and would be happy to help on any future
endeavors of the Commission.
We are blessed to have a community that values Access, a disappearing resource
across the nation. It is my sincere hope that the City and the Community will
continue the efforts to provide a sustainable future for Access in Iowa City. As well, I
hope that the City and Community will recognize the increasing importance of
access to robust and affordable broadband Internet, and will lead in finding
opportunities to improve such utility In our community.
Sincere
H Hoerschelman
710 Miller Ave
Iowa City, IA 52246
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Hardy referred to the complaint report in the meeting packet and said that he has encountered a number
of complaints regarding DVRs. It is unclear if the DVR complaint in the report was resolved, as the
subscriber has left town. A complaint regarding a subscriber claims Mediacom told them regarding a
promotional price beyond when Mediacom claims the promotional period ends can not be resolved as
there is no other documentation available. Hardy said customer service representatives on the 800
number often make promises that might not be fulfilled. Homewood said she has had a similar
experience with Mediacom.
MEDIACOM REPORT
There were no issues for Mediacom to address. Grassley was available by phone. Hoerschelman said
that some broadband users might have experienced difficulty when accessing YouTube. This is not
due to any traffic shaping by Mediacom but a change in the way YouTube deals with how they buffer
multiple simultaneous downloads by a single user.
LOCAL ACCESS CHANNELS REPORTS
Hoerschelman noted City Channel 4 and the library have reports included in the meeting packet.
PATV emailed a report too late for the meeting packet. Hard copies were made available.
Hoerschelman asked if there has been any contact with Kirkwood or the University of Iowa over the
past months. Hardy said he will contact the Kirkwood representative and has not contacted the
University of Iowa. Hoerschelman said the University of Iowa channel is changing its structure and
will be carried statewide by Mediacom and asked if the channel will be considered a commercial
channel or local access channel. Hardy said he has not seen any change in their programming to date
and will inquire into the University's plans for the channel. Bergus asked if Mediacom could change
the location of the University channel after a 30 -day notice. Brau said the franchise requires placing
the University access channel on 17. If the University channel drops its local access status and
becomes a commercial channel, that requirement would not longer apply. The franchise requires only
that Mediacom make channel space available to the University, not that the University utilize it.
Mediacom could place a commercial University channel on any channel it chooses. Goding reported
that PATV's winter newsletter is available online. It is hoped that it will be published more frequently
in the future. PATV will have a producer potluck Feb. 28 at 6 p.m. that will include board recruitment
activities and a screening of the first episode of a sci -fi series called Moon Zero Three. Hoyland
reported the schools have fixed a problem with the image and sound synching during cablecast of live
meetings. Programs on the City High National Honor Society and a press conference were recently
recorded.
CABLE TV ADMINISTRATOR REPORT
Hardy said the only item he had was the next agenda item, the joint access facility.
JOINT ACCESS FACILITY
Hardy said PATV's contract extension expires March 1 and will be extended to June 30. Hardy has
provided Tom Markus a memo outlining his recommendations for how to start to save money and
build a reserve fund for access services after 2018 when a significant reduction in funding will take
place when Mediacom transfers to a state franchise. Hoerschelman asked if there was anything in
Hardy's memo beyond what he has shared with the Commission. Hardy said PATV's contract would
need to reflect the proposed joint facility. The City Channel office is an asset that could help fund a
combined facility in the PATV building. Hardy said he recommended the next PATV contract be for
five years. Hardy said until the City and PATV are ready to discuss the changes to their contract he
has nothing else to share with the Commission. Hardy said it is the intent to save access to the extent
possible. Hardy said the city is guaranteed the same number of access channels under a state franchise.
BROADBANDSURVEY
Hoerschelman said survey is nearly ready to be launched. Hoerschelman demonstrated the website
hosting the survey. David Dude from the school district asked to add an item inquiring if respondents
had children in the school district and also to offer a response of "none" to the question about what
type of broadband service respondents had. A question was also added asking if respondents worked
from home. A launch is expected in the first week of March. An email to City employees, school
district employees and University employees requesting their participation is planed. The schools and
City are ready to send it now, but the University is still in the bureaucratic process. The schools and
City email will likely go out before the University. Some social media outlets will likely be utilized as
well. Bergus agreed to help Hoerschelman prepare a press release. Coleman said a 30 second PSA
could be produced.
ADJOURNMENT
Bergus moved and Hoerschelman seconded a motion to adjourn. The motion was approved
unanimously. The meeting was adjourned at 6:18 p.m.
Respectfully submitted,
(-
Michael Brau
Cable TV Administrative Aide
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)
Hoerschelman
Ber us
Homewood
5/28/11
X
X
X
X
Homewood x
6/27/11
x
o/c
x
x
X
8/27/11
x
x
x
o/c
X
9/24/11
X
X
X
X
X
10/24/11
X
X
X
X
X
11/26/11
X
X
vacant
X
X
Kilbur
2/25/12
X
X
x
x
X
Butler
3/26/12
o/c
x
o
x
X
4/23/12
X
X
X
X
X
5/21/12
X
X
X
X
X
6/25/12
X
X
X
X
X
7/23/12
x
X
X
X
X
8/27/12
x
x
x
x
X
9/24/12
X
X
X
X
X
10/22/12
X
X
X
X
X
11/26/12
X
X
X
X
X
12/17/12
X
X
X
X
X
1/28/13
X
o/c
X
X
X
2/25/13
X
X
X
X
X
(X) = Present
(0) = Absent
(O /C) = Absent/Called (Excused)