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HomeMy WebLinkAbout2010-05-13 Info Packet~ - ~ ~~~.®dr~ ~III~ ~ ,~®~~~ -~..._._ CITY OF IOWA CITY vrww.icgov.org CITY COUNCIL INFORMATION PACKET May 13, 2010 MISCELLANEOUS IP1 Council Meetings and Work Session Agenda IP2 Memorandum from the City Clerk and City Attorney: Initiative Petition re: 21 Bar Entry IP3 Memorandum from the Associate Planner and Planning Intern: City of Dubuque Historic Preservation Financing Programs IP4 Memorandum from the Director of Public Works and the Director of Planning and Community Development: Update: Flood-related activities IP5 The Planner -May 10, 2010 IP6 Email from Garry Klein to the City Clerk: Error in Voting Results [staff response included] DRAFT MINUTES IP7 Parks and Recreation Commission: April 7, 2010 IP8 Board of Adjustment: April 14, 2010 ~ _ i _ ~ 05-13-10 ' ""'®'~~ City Council Meeting Schedule and -•....._ CITY OF IOWA CITY Work Session Agendas May 13, 20,0 www.icgov.org TENTATIVE MEETING SCHEDULE SUBJECT TO CHANGE • MONDAY, MAY 31 Memorial Day Holiday -City Offices Closed • TUESDAY, JUNE 1 Emma J. Harvat Hall TBD Special Work Session 7:OOp Regular Formal (Continue Work Session if necessary) • FRIDAY, JUNE 4 Emma J. Harvat Hall 8:OOa Special Work Session -City Manager Search • MONDAY, JUNE 14 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, JUNE 15 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • WEDNESDAY, JUNE 30 North Liberty 4:OOp Joint Meeting • MONDAY, JULY 5 Independence Day Holiday -City Offices Closed • MONDAY, JULY 12 Emma J. Harvat Hall TBD Special Work Session 7:OOp Special Formal Council Meeting (Continue Work Session if necessary) • MONDAY, AUGUST 16 Emma J. Harvat Hall 6:30p Regular Work Session • TUESDAY, AUGUST 17 Emma J. Harvat Hall 7:OOp Regular Formal Council Meeting • MONDAY, AUGUST 30 Emma J. Harvat Hall 6:30p Special Work Session • TUESDAY, AUGUST 31 Emma J. Harvat Hall 7:OOp Special Formal Council Meeting ~~ r -~ ~~.m-~ CITY OF IOWA CIT1 IP2 MEMORANDUM DATE: May 12, 2010 TO: Mayor and City Council FROM: Marian K. Karr, City Clerk ~' A referendum petition was filed late Tuesday, May 11 seeking to repeal the recent ordinance changing the bar entry age to the "legal age". Pursuant to our City Charter the petition must be filed with the City Clerk at one filing and must contain on its face at least. 2,500 signatures of registered Iowa City voters.. The petition filed May 11tH contained over 3,300 signatures on its face. Eleanor M. Dilkes, City Attorney RE: Initiative Petition re: 21 Bar Entry A current voter registration list has been obtained from the Johnson County Auditor and the City Clerk's office will begin the verification process to ensure each person who signed the petition is a "qualified elector", and that process must be completed within 20 days. After checking each signature against current voter rolls, one of two procedures will occur: 1) The required 2,500 signatures will be verified and a "Certificate of Sufficiency" issued, and the Certificate submitted to you at your next scheduled Council meeting. O r, 2) If the petition lacks the required 2,500 signatures a "Certificate of Insufficiency" will be issued. The petitioner will be notified by registered mail. If the petitioner wishes to amend and submit additional signatures the City Charter provides for the filing of a "Notice of Intent to Amend" within 2 days and the filing of a supplemental petition with additional signatures within 15 days. Additional signatures will be verified in the same manner as the original submission. Once a petition has been certified sufficient the Council must either repeal the referred measure within 30 days after the date the petition was determined sufficient, or it must submit the measure to the voters at the November election. The state deadline for submission of ballot language is August 25. S/refere nd um petition2010 City of Iowa City MEMORANDUM Date: May 12, 2010 To: City Council From: Christina Kuecker, Associate Planner and Jake Rosenberg, Planning Intern RE: City of Dubuque Historic Preservation Financing Programs You requested information on the City of Dubuque's Historic Preservation Financing Programs. Staff has looked into this and presents the following information Overview Dubuque implements a number of historic preservation programs for financing the rehabilitation and adaptive reuse of historic structures. Supported by the Preservation Commission, Dubuque has implemented preservation incentives for homeowners, commercial properties, rental properties, developers and neighborhood associations in order preserve and protect historically significant properties and districts in the city. Historic Preservation and Rehabilitation Financing Residential Historic Preservation Housing Grant The City offers a Historic Preservation Housing Grant (in the form of a forgivable loan) on a competitive basis to income-qualifying owner-occupants and to qualified non-profit organizations in any historic district. The grant targets specific rehabilitation projects that preserve the original building materials and character defining features of the home. Eligible properties must be located in a Historic Preservation District (or designated as a City Landmark) and be at least 50 years old. Improvements include exterior repair, restoration, and painting that meet the Secretary of the Interior's Standards and Guidelines for Rehabilitation as well as specific design standards established for the Historic Preservation District. Eligible Applicants • Owner-occupants of single family, duplex, or 3-unit property; household cannot exceed moderate income levels (80% of area median income, adjusted for family size) • Qualified non-profit organizations providing residential facilities to income-eligible tenants. Grant Amounts • Owner Occupants: Up to $5,000 forgivable loan; fully forgivable after five years if the applicant remains in the home. If the applicant moves within the five-year period, then 100% of the grant must be repaid. May 12, 2010 Page 2 • Non-Profit Organizations: Up to $5,000 forgivable loan, fully forgivable after five years is the applicant continues to provide residential facilities to HUD income-eligible tenants. If the applicant ceases to provide these services within the five-year period, then 100% of the grant must be repaid. The program is funded with a Community Development Block Grant administered through the Housing Department. Staff administering this program said the $5,000 forgivable loan is often not enough for the owner occupants with income limitations and would recommend for the maximum loan amount to be increased or the income limitations relaxed. Historic Preservation Revolving Loan Fund This program provides preservation loans that are available on a competitive basis to property owners in four primary residential historic districts. The loan is for exterior rehabilitation projects that meet the Secretary of Interiors Standards for Rehabilitation. Property must be at least 50 years old and located in one of the city's historic districts. Any property owner is eligible. Loan Terms • 3% for 10 years • Maximum loan amount of $25,000 • Monthly principle and interest payments begin after project completion, but no longer than six months after loan closing • Limit one loan outstanding per building Premier Bank loaned $200,000 at 0% interest to the City of Dubuque to match the $200,000 put aside in the CIP budget to establish this loan program. The City functions as a bank and the HPC is responsible for project reviews. The loan is approved by the Housing Department. Dubuque staff commented on the popularity of this program and said there is a waiting list of applicants. Lead Paint Program The Lead Hazard Reduction Programs provides for the administration of HUD funded forgivable loan for lead hazard reduction by providing financial assistance to low and moderate-income homeowners and rental property owners to reduce or eliminate lead-based paint hazards in their properties. The program is specifically targeted to assist families with children under the age of six. Grant funding, in the form of three-year forgivable loans, is provided for lead hazard reduction activities, inspection, and risk assessment of enrolled properties, community awareness, education, and training. The duration of the current grant activities is 36 months, from January 2008 through December 2010 and the City has applied to HUD to continue the funding. Income guidelines vary for rental housing and homeowners. May 12, 2010 Page 3 Based on the scope of the lead hazard work to be completed a loan threshold is determined, There are three thresholds of funding available ranging from $2,000 for stabilization to $12,000 for total lead abatement This program is administered through the Housing Department who oversees the $2 million in funding received from HUD. The ceiling for Lead Hazard Control and Total Lead Abatement has recently increased to $12,000 to better reflect the cost of lead control and abatement. Commercial and Downtown Downtown Rehab Loan Program The Downtown Rehabilitation Loan Program is designed to further the goals and objectives of Dubuque's Greater Downtown Urban Renewal Plan by creating the financial incentives needed to encourage revitalization effort and to retain or create employment opportunities and/or new housing units within the district. A maximum of $300,000 per building will be loaned during the life of the program. Projects may be phased with a minimum of $10,000 loaned at any one time. The loan includes a 3% per annum and will extend out 20 years. Conditions include approval by the Historic Preservation Commission and compliance with all applicable codes and ordinances. All loans require approval from City Council. A portion of the loan is forgiven for each non-retail job created or housing unit created. Interest and Amortization • 3% per annum extending 20 years Repayment • Interest only payments- years 1-5 • Principal/interest payments- years 6-20 • Monthly payments The Downtown Rehab Loan Program is part of Dubuque's Downtown Revitalization Program and Urban Renewal Plan. This program as well as the Facade Grant and Design Grant programs is funded through a Revolving Loan Fund whose revenue comes from the creation of Urban Renewal TIF Districts in the historic downtown. There is a waiting list for applicants requesting loans from the Downtown Rehab Program and grants from the Facade Grant, and Design Grant Programs. The combinations of loans and grants have been successful in financing dozens of projects in the Urban Renewal District. Historic District Public Improvement Program The Historic District Public Improvement Program (HDPIP) provides 3:1 matching grants on a competitive basis to neighborhood associations and neighborhood groups for streetscape improvements in the City's five historic districts. The program is intended to enhance the public places and streetscapes in the historic districts to May 12, 2010 Page 4 retain and augment their sense of place. The minimum grant amount is $3,000 and the maximum amount is $100,000. The program covers up to 75% of project costs. Neighborhood associations and groups are required to provide a 25% match. Projects funded: • Purchase and instillation of permanent exterior improvements installed in public right of way or public places, such as parks, in an historic district. • Architectural and engineering fees associated with the project. • Streetscapes amenities This program is funded through the City's general fund. Previously, $100,000 a year has been allocated to this program; however, recent financial constraints have limited funding to $10,000. Staff commented on the success of this program, particularly the benefits of funding public components like benches, planters, signs, visitor stations, and historic restoration projects. Application to Iowa City Goal 3 of the Iowa City Historic Preservation Plan is to establish economic incentives to encourage the preservation of historic buildings and neighborhoods. The objectives of this goal include: • Establishing and marketing tax incentives. This could be through local tax abatement, federal Historic Preservation Tax Incentives, and State Historic Preservation Tax Incentives; • Developing different funding sources for the downtown through the use of SSMID, the National Trust Main Street program, State tax credits for cultural and entertainment districts, and the Urban Renewal District; • Developing a private loan program, • Using Community Development Block Grant funds to develop a municipal loan program; and • Creating a coordinated grant application writing effort for state, regional, and federal grant programs. We have attached pages 41-46 of the Historic Preservation Plan, which provide more details. After completion of the Historic Preservation Guideline revisions, the Historic Preservation Commission will research and develop specific proposals for economic incentives for consideration by the Council CC: Dale Helling Jeff Davidson HPC significant archaeological sites are identified, the City's authority to require retention of an archeological site as private or public open space through a mandated design of the site plan, planned development or subdivision should be stated more clearly and affirmatively. In this paragraph the word "require" should be used rather than "attempt:' Like all land use regulations, care must be taken to avoid any "takings" claims. Barring that requirement, however, it is certainly within the power of the City to deny an application that impacts such resources. b) Paragraph 14-5I-12(G) establishes the ability of the City to limit development in the area of burial sites and to require designation as public or private open space. This is an appropriate standard, however, care must be taken when dealing with some types of burial sites, particularly those falling under the standards of the Native American Graves Protection and Repatriation Act, to avoid identifying the area as such in public records in order to maintain protection for these sites. Instead of prescribing a specific buffer size, it may be more appropriate to include a more general standard for site design that requires integrating the burial area and buffer into the overall site plan. Objective 13: Re examine C~ policy regarding brick streets to assure protection and funding are in place for conserving and restoring significant areas both inside and outside of historic and conservation districts. Objective 14: The last resort for preserving a historic building is moving it. This complex issue should be examined b~a_~o~ representing various parties responsible for such actions (HPC P&Z ZBA HIS Traffic Engineering utility companies, moving companies etc Zto determine if a new ordinance or revised set of policies should be adopted. Objective 1: Assess the economic impact of historic preservation on Iowa City by conducting a study based on section "V. Model for Evaluating Economic Impacts;' beginning on page 111. Examine the impact of historic rehabilitation expenditures, the roles preservation and district designation play in property values, and the value of heritage tourism. As a part of the assessment, identify current impediments-both public and private-to redevelopment. Objective 2: Develop a comprehensive set of economic incentives aimed at resolving impediments to redevelopment. Although some issues were identified during the current planning process, others need to be more fully evaluated. Once the impediments have been fully identified, the preservation incentives developed in other communities and states that are outlined below should be considered. 41 Objective 3: Establish and market tax incentives for historic buildings.' Ongoing promotion of these incentives should be undertaken by the HPC as well as the staff for the City's Economic Development Division; Friends of Historic Preservation, the Downtown Association, and especially the Cultural and Entertainment District. A more complete discussion appears in Appendix K. a) Promote local property tax abatement through the City's Urban Revitalization Program for the CBD or the state-wide tax abatement program (Iowa's "Temvora~ Historic Property Tax Exemption") for properties outside of the Urban Revitalization Area. b) Along with the State Historical Society of Iowa staff, investigate the merits of establishing a statewide property tax abatement incentive such as a temyorary ro ert tax freeze linked to anon-rehabilitation measure such as local landmark or district designation. c) Promote use of the federal Historic Preservation Tax Incentives nro>?ram for income_generatin~g vronerties undergoing rehabilitation that are listed on the National Register or eligible for listing. The incentive creates a 20% federal investment tax credit for property owners completing qualifying rehabilitations. d) Promote the use of the Iowa State Historic Preservation Tax Incentive Program for income=generating~roperties undergoing rehabilitation that are listed on the National Register or eligible for listing. The incentive parallels the federal tax credit program and offers a 25% state investment tax credit for property owners completing qualifying rehabilitations. Because of current rules governing this program, properties located within Cultural and Entertainment Districts, such as in Downtown, have a competitive advantage for receiving credits. Objective 4: Downtown: Consider combining aSelf-Supporting Municipal Improvement District (SSMID) for the central business district with the Main Street program; promote use of the State Investment Tax Credits for historic buildings made available through the Cultural and Entertainment District program. a) When the SSMID objective was proposed in 1992 it was aimed at use in existing historic districts. Since that time, an effort has been made to establish an SSMID in the Downtown. Though unsuccessful in 2005, based on interviews with Downtown leaders it is believed that conditions may have changed in the central business district in terms of ownership support. A SSMID remains an opvorrtunity for a regular source of funding to underwrite a facade improvement program a revolving low-interest loan program, and/or 'Even though some of these measures require action at the state level, they are offered here as guidance for all of the government agencies involved in their enactment. 42 full time staff~osition for the Downtown Downtown supporters of such a measure and the Downtown Association should take the leadershiv role in establishin,.g a Downtown SSMID. b) It is also recommended that Downtown leaders look at combining a SSMID effort with the "Main Street A~vroach" for organizing its staff efforts. This approach seeks to integrate the goal of economic development within the context of historic preservation. The Main Street Approach8 has four overall concepts and a set of guiding principles: Business Improvement -This element involves diversifying the downtown economy by identifying potential market niches, finding new uses for vacant or underused spaces and improving business practices. • Design -Utilizing appropriate design concepts, the visual quality of the downtown (buildings, signs, window displays, landscaping, and environment) is enhanced. • Organization -The organizational element brings together the public sector, private groups and individual citizens, with coordination by a paid program manager, to work more effectively in the downtown. • Promotion - By promoting the downtown in a positive manner, a community can begin to focus on downtown as a source of community pride, social activity and economic development potential. • Guiding Principles - Incremental Process - Comprehensive Four Point Approach - Quality - Public and Private Partnership - Changing Attitudes - Focus on Existing Assets a"The Main Street Approach," Iowa Department of Economic Development; available online at http://www. iowalifechanging.com/community/mainstreetiowa/approach.html; accessed 11/21/06. 43 Downtown, historic buildings along South Clinton Street. - Self-Help Program - Implementation Oriented c) In 2004, local efforts were successful in having the Downtown designated as part of the Old Capitol Cultural and Entertainment District (CED). This State- designation identifies compact, mixed use areas of Iowa towns and cities where cultural facilities and services are concentrated. A primary advantage of this designation currently is access to the State tax credits to assist property owners in completing rehabilitations of historic buildings within CEDs as described in greater detail above. Downtown.provert~ owners should be encouraged to take advantage of the State income tax credit for historic rehabilitations of buildings in the Old Ca itol Cultural and Entertainment District. d) Develop closer coordination between economic development staff, preservation planning staff, and HPC for Downtown projects. e) Develop agrant/loan program for Downtown business/property owners who participate in voluntary rehabilitation guidelines. (see Objective 5 and Objective 6 below) Objective 5: Private Loan Program: Establish a private loan pool for rehabilitating historic buildings. When this objective was identified in 1992, leadership for this effort was broadly directed at both public and private sectors with interest in historic preservation. Successful models for revolving loan pools and interest write-downs in other communities were suggested as examples. Since then, the only organization that has stepped forward to lead such an effort has been Friends. Their efforts have included modest rehabilitation grants to individual historic property owners and, in the wake of the 2006 tornado, a grant program coordinated with matching funds from the National Trust for Historic Preservation focusing on technical assistance. Based on comments received at neighborhood meetings and in interviews, there is a continuing need for a private loan or grant pool for rehabilitating historic buildings. To better focus the establishment of such a program, it is recommended that future efforts couvle a rehabilitation loan/grant yrogram with other needs such as was done with the post-tornado vrogram. These could include neighborhoods containing affordable housing such as Goosetown, properties transitioning from rental units to owner-occupied, buildings undergoing design review in both historic or conservation districts, buildings undertaking ADA improvements, etc. In all cases, the recipient building would also be an individually significant building or a contributing building in a conservation or historic district. Work funded through such a program should comply with the Secretary of the Interior's Standards and/or the HPC's design guidelines. 44 Objective 6: Municipal Grant/Loan Program: Expand existing grant or loan programs using Community Development Block Grant funds or other municipal sources to underwrite the costs of sound rehabilitation work on buildings undergoing design review in historic and conservation districts. The City's federally-funded Community Development Block Grant and HOME Investment Partnership programs focuses efforts on providing financial assistance to low and moderate income homeowners wanting to make repairs and improvements to their homes. Since 1992 these efforts have shifted from older neighborhoods in the central city to outlying areas. This maybe partially due to requirement for lead based paint testing and abatement. In 2003 the City established the Targeted Area Rehabilitation Program (TARP) to compliment CDBG/HOME programs without the same income requirements of the federal programs. The purpose of TARP is to stabilize and revitalize targeted neighborhoods, which also include areas of the city containing several historic and conservation districts as well as a number of National Register properties. The program allows the City to offer low-interest loans that are repayable over a 20- yearperiod, with the money awarded to qualified homeowners on a first-come, first-serve basis. There is potential for TARP to be marketed more effectively in historic conservation districts. Low-interest loans .and grant programs have been developed in a wide variety of communities nationally to help offset the costs of rehabilitating designated historic structures. In Cedar Rapids two popular and well-regarded programs have been established for designated historic districts. The City's Paint Rebate program provides exterior paint rebates for consumable painting materials up to a maximum of $400 if the homeowner paints his or her home. This program will provide rebates up to 50% of labor costs or $1,200, whichever is less, for a homeowner to hire a paint contractor. Though the dollar amounts are not significant, the effect of this program has been to develop good will in districts that prohibit installation of synthetic siding. Other communities provide grants to property owners to hire a preservation architect or other professional to assist in preparing rehabilitation plans. A related form of incentive provides low- or no-interest loans to property owners to assist with project costs. All of these programs aim to encourage property owners to perform appropriate rehabilitations and to help offset the costs of maintaining historic properties. Establishment of a~aint rebate program similar to the Cedar Ra ids ro ram tar eted at buildin sin conservation and historic districts should be considered. With modest annual funding to encourage painting for buildings, such a program can demonstrate good will and help property owners to realize that their preservation efforts are appreciated in the community. 45 Recognizing the traditionally strong real estate appreciation in the Iowa City market, tie any historic grant programs to a repayment plan that would obligate recipients to repay grants if a property is sold within five years. Repaid grants would be incorporated into a revolving fund available for new grants. As with a private grant/loan program, work funded should comply with the Secretary of the Interior's Standards and/or the HPC's design guidelines. Objective 7: Re u_g latory relief: Many communities allow designated historic buildings to qualify for exemptions or variances from building code and zoning standards such as parking requirements and setbacks. Iowa City has taken advantage of this approach and these provisions should be maintained in future building code and zoning revisions. Relief to parking requirements could be tied to use of specific surface materials (see Goa12: Objective 9 d). Objective 8: Non-local Grants: Establish a more coordinated approach to preparation of non- local grants by giving grant writing responsibility to City staff members including the half-time historic preservation planner and other Planning and Community Development staff. 'Through the HPC and City staff, the City of Iowa City has had considerable success in securing State grants since 1995 with eight grants received during the following decade through the State Historical Society's Historic Resource Development Program and Certified Local Grant Program. Despite this success rate, the effort has been uneven depending to some extent on the individual capacity of staff members or the interests of HPC members. To improve the number and amount of grant income to support HPC operations, greater effort should be made to secure grants through the timely preparation of grant requests. Also, federal grant opportunities through the National Park Service and private grant programs offered through such organizations as the National Trust for Historic Preservation should be considered for eligible projects. Objective 1: In the 1992 Historic Preservation Plan> this objective focused on providing technical assistance to owners of historic buildings undergoing the design review process. If funding became available, the objective recommended establishing a new staff position with this responsibility. Since then both aspects of the objective have been accomplished. During the intervening years, the HPC's responsibility for design review cases has grown 8-fold from approximately a dozen per year to nearly 100. The response of the Planning and Community Development Department has been to change the qualifications of the staff planner responsible 46 Objective 9: Encourage urivate individuals and non-profit organizations to identify eligible proiects for the State Historical Society's grant programs and assist in grant writin .State programs include the Historic Sites Preservation Program and the Historic Resource Development Program. r -- ~~®~~ CITY O F I O W R CITY Ip4 . ~~ o u ~ RAN E~~ ~~ Date: May 12, 2010 To: City Council From: Rick Fosse, Director of Public Works Jeff Davidson, Director of Planning and Community Development Re: Update: Flood-related activities Engineering and Public Works Administration The Showers Addition demolition of the structures is ongoing. Relocation of North Wastewater Treatment Facility • Engineering agreement executed with Stanley Consultants. EDA personnel to visit Iowa City and hold project management conference on May 13. Project kickoff meeting with Stanley/Brown & Caldwell on Friday, May 14. Dubuque Street Elevation and Park Road Bridge Replacement • Technical Advisory Committee met and reviewed the draft RFQ focusing on design objectives and project goals. • RFQ has been submitted to EDA for approval. Planning and Community Development • This week, two properties in the Parkview Terrace neighborhood were acquired with CDBG funds. This brings the total number of properties acquired with Federal and State funds up to 42 properties. Of the 42 properties, 30 of the homes have been acquired through the Hazard Mitigation Grant Program (FEMA), eight with Community Development Block Grant (CDBG) funds, and four with Community Disaster Grant (CDG) funds. As of today, 28 properties have been demolished in the Parkview Terrace and Taft Speedway neighborhoods. • On May 12`h, staff participated in a monthly disaster recovery teleconference with the Iowa Department of Economic Development (IDED), Iowa Finance Authority (IFA), the Rebuild Iowa Office (RIO), and other government agencies administering disaster assistance funds. Planning staff attended the Brownfields Conference in Coralville on May 12`h. The conference was designed to give cities more information about EPA brownfields grant opportunities for environmental assessment and clean up, and tips to improve a community's application for funding to assess and clean up brownfields. • Staff continues to review Jumpstart applications for disbursing State Jumpstart 2 and State Jumpstart 3 funding for housing rehab/repair, down payment assistance and interim mortgage assistance. A total of $1.65 million in State Jumpstart funding has been used to assist 71 flood- impacted residential households and $861,000 in Federal Jumpstart funding has been used to assist 17 households. • The City is now accepting applications for the two new business assistance programs: Equipment Reimbursement Assistance Program, and Flood Insurance Reimbursement Program. • The I-JOBS Board of Directors will be meeting in Coralville during the morning of June 2"d. The Board will be visiting Iowa City during the afternoon of June 2"d. They will be visiting the two projects funded during the 2009 legislative session -- expansion of the South Treatment Facility and construction of Fire Station #4. IP5 VOLUME 2, ISSUE 9 Week of MAY 10, 2010 Newsletter for the Iowa City Planning & Community Development Department Urban Planning ~ Historic Preservation ~ Housing Rehab ~ Community Development Economic Development ~ JCCOG Transportation Planning ~ Neighborhood Services ~ Public Art Calendar A schedule of upcoming meet- ; ings appears inside. Page 7. Inside Historic Preservation May is National Historic Preservation Month, and in addition to learning about upcoming events, we thought you might like to learn about the role the City plays in preserving our community treasures. Page 3. ~~~ Upcoming events highlight local reservation efforts P May is National Historic Preservation Month -and two events sched- uled this weekend highlight local preservation efforts. New flood programs Local businesses that were impacted by the floods may be eligible for assistance from two new flood relief programs that have been introduced by the State. Page S. Bike to Work Week Time to head to the garage and get the bike cleaned up - because next week is Bike to Work Week! Several events are planned in Iowa City to support the program and encourage bike transportation. Page 6. Have you subscribed? To subscribe to The Planner, go to: www.icgov.org/subscribe then to "Newsletter..." then click on "Planner Newsletter." Historic Preservation in the Corridor Representatives of area Historic Preservation Commissions will present a series of case studies demonstrating how six Corridor communities have dealt with natural disasters -tornadoes, floods, and fires -that threatened or destroyed historic structures over the past couple of years. Christina Kuecker, City of Iowa City Associ- ate Planner, will present "The Day History Blew Away," evaluating the impact of the 2006 tornado on Iowa City's his- torical structures and districts. Other presenters are scheduled continued on page 2 On the tour This home at 19 Evans Street suffered severe damage in the 2006 tornado -but four years later, it's being featured on the 2010 Parade of Historic Homes. The tour is scheduled this Sunday. The Planner, 5.10. I 0 -page 2 Historic preservation continued from cover from Cedar Rapids, Waterloo, Marion, Mount Vernon, and Linn County. The event is scheduled this Saturday, May 15, from 9 a.m. to 3 p.m. at the Mary and Carl Koehler History Center at 615 I st Avenue SE in Cedar Rapids. The public is invited to attend; no registration or participation fee is required. For more information, contact Dr. Richard H. Thomas, Linn County Historic Preservation Commission Secretary, at 319.329.8348. Iowa City Parade of Historic Homes Another event planned for this weekend is the Iowa City Friends of Historic Preservation Parade of Historic Homes. Scheduled Sunday, May 16 from I to 4 p.m., this is the group's fourth annual home tour. This year's featured homes include: ^ 1021 E. Market Street ^ 19 Evans Street ^ 1036 Woodlawn Avenue (home and carriage house) ^ I OI I Woodlawn Avenue ^ 1005 Muscatine Avenue ^ 1104 Muscatine Avenue The program will focus on Woodlawn, Iowa City's first "suburb." Located just beyond the east end of Iowa Avenue, Woodlawn boasts some of Iowa City's oldest homes. Two homes and a carriage house will be open for viewing, and an annotated walking tour of the neighborhood will also be available. Other stops on the tour focus on "foursquares," a design that remains a favorite of homeowners for its sym- metry and efficient layout. The three featured foursquare homes, one on East Market and two on Muscatine Avenue, have undergone extensive interior renovations. Admission is $10 per adult; children 12 and under are free. Tour proceeds will support the work of Friends of Historic Preservation. For more information, visit www.ic-fhp.org. Architectural details The Parade of Historic Homes, scheduled this Sunday, provides a peek into some of Iowa Crty's most beautiful historic homes - and as this photo demon- strates, some of the most stunning architectural details can be found on the exterior. This home, located at 101 I Woodlawn Avenue, is one of the stops on this year's tour, sponsored by the Iowa City Friends of Historic Preservation. The Planner, 5.10. I 0 -page 3 Historic Preservation Commission The responsibility of the City's Historic Preservation Commission is to "identify, protect, and pre- serve the community's historic resources in order to enhance the quality of life and economic well- being of current and future gen- erations," according to its mission statement. The Commission, com- prised of local volunteers, makes recommendations to the City Council regarding neighborhoods that should be designated as con- servation or historic districts, and individual properties that should be designated as historic land- marks. It then reviews proposed changes to the exteriors of these properties through the historic review process. Historic Preservation Staff The Urban Planning division's Historic Preservation Planner reviews applications for changes to properties in historic and conser- vation districts, and makes recom- mendations to the Historic Preser- vation Commission to help ensure that any proposed change is com- patible with the historic character of the home, building and/or neighborhood. Project reviews include replacement doors, win- dows or siding to construction of a new addition. Staff also helps coor- dinate local historic preservation training opportunities and educa- tional workshops. HISTORIC PRESERVATION: The role of the City Safeguarding and preserving Iowa City's historic legacy of homes, buildings, landmarks, and neighborhoods requires a cooperative effort across the community, ranging from City staff to historic preservation enthusiasts to homeowners and contractors. On this page are some of the roles the City plays in local historic preservation efforts. Salvage Barn The Salvage Barn, a volunteer effort by the local nonprofit, Friends of Historic Preservation (FHC), offers old house parts, vintage light fix- tures, claw foot tubs, plinth blocks, cedar siding, hardwood flooring, old doors and more for homeowners who are undertaking restoration or building projects. Materials are sal- vaged from old buildings and homes to provide a source for historically appropriate materials. The City's role in the operation of the Salvage Barn includes notifying FHC when demolition permits are issued so that they can explore possible sal- vage opportunities, and also pro- vides space at the Iowa City Landfill for the Barn's operation. If not for the Salvage Barn, much of this mate- rial would end up in the landfill. Historic Preservation Plan In 2006, the City Council adopted the Iowa City Historic Preservation Plan, which outlines a plan of action for stewardship of historic proper- ties. Under the plan, historic neigh- borhoods and buildings are pro- tected by the designation of historic districts, conservation districts, and historic landmarks. Any planned changes to the exterior of a historic property or landmark must first be reviewed and approved by the His- toric Preservation Commission. Copies of the plan are available online at www.icgov.org/historic preservation or may be purchased in the Planning Department at City Hall. Preservation Handbook The City maintains and publishes the Historic Preservation Handbook, which contains guidelines for the historic review of properties and an explanation of the historic pres- ervation process and its regulations. The handbook is currently being updated with changes that would allow some requests for alterations to historic properties to be approved administratively by the Historic Pres- ervation Planner, rather than requiring all requests to go before the Historic Preservation Commis- sion. Adraft copy is available at www.icgov.org/historicpreservation. Comments on the proposal are due by noon on May 13. The current handbook is also available online at the same website address. Printed copies are available for sale in the Planning Department in City Hall. Historic The Planner, 5.10. I 0 -page 4 Iowa City's Historic Preservation and Conservation Districts a N 0 0 o cl r~~°~""~'~ o °~ 0000 D a 0 00~®0 ~Q ^o oo°r~o°o°o^~ ~~ooo~oc~ooooc~ 000 ooc~o o~~ 0000 ooc.~o~o~~0 ~^~ooo^ooo W a ^o~ C ^ O ° ° D ~-- 0000 aG loooo~ ~ ~ ~ooooo ~ . 10000 e ~^oaaooooo ^ ~a ^ ^ oa oo nn a ~JD I II I ~ nn ~^oooo^o ~o o. ao Iowa City has seven historic districts that are on the National Register of Historic Places and are protected by local historic preservation zoning: Summit Street, Longfellow, Northside, East College, College Green, Wood- lawn, and Brown (Ronalds) Street. The Jefferson Street and Melrose districts are on the National Register but are not designated as local historic preservation zoning districts. Iowa City also has four conservation zoning districts: Lucas-Governor, Clark, College Hill, and Dearborn. The Planner, 5.10. I 0 -page 5 .............................................. STEVE LONG Community Development Coordinator 3 19.356.5250 New flood relief programs introduced for businesses Two new flood relief programs designed to assist flood-impacted busi- . nesses have been announced by the Governor's office: the Equipment Reimbursement Assistance Program (ERAP) and Flood Insurance Reimbursement Program (FIRP). Applications for both programs are now being accepted by the City of Iowa City. Eaui~ment Reimbursement Assistance Program: This offers financial assistance to businesses that owned their own building or leased rental space during the 2008 flood that sustained physical damage to machin- ery, equipment, furniture, inventory or supplies. Business must be able to document a loss for which they did not receive private/business insurance, federal funding, state or local grants, forgivable loans or pri- vate bank loans for replacement purposes. Awards are limited to 75% of replacement cost, not to exceed a total amount of $75,000 per busi- ness. Businesses eligible under the Business Rental Assistance Program (BRAP) are not be eligible for assistance under this program. Steve-long@iowa-city.org Flood Insurance Reimbursement Program: This provides financial assis- Web page: tance to reimburse businesses for the cost of flood/sewer backup and www.icgov.org/commdev related business interruption insurance coverage. Qualifying businesses must have had water in their building as a result of the 2008 flood in- volving overland flow or sewer backup; and/or must have been located in the 100- or 500-year floodplain; and must be open and operating at the time of application. Businesses that located to either floodplain subsequent to the disaster may also be eligi- ble for assistance. The flood insurance policy start date must be January I , 2010 or later, and businesses must provide an insurance policy declaration page and proof of payment. If approved, reimbursement will be a one- time payment for one year of coverage, up to $5,000 per qualified business. The deadline to apply for either program is December 31, 2010. Application forms are available on the City's website at www.icgov.org/defaultJfs/?id=1881. Home-based businesses are not eligible. For more information, contact Community Development Planner Doug Ongie at doug-ongie@iowa-city.org or call 356.5479. ......................................................................................................... . Buyout update A total of 40 Iowa C-ty properties have been acquired by the City with federal and state acquisition funds. Thirty were purchased through the Hazard Mitigation Grant Program (FF_/MA), six with Community Develop- ment Block Grant (CDBG) funds, and four with Community Disaster Grant (CDG) funds. So far, 28 properties have been demolished in the Parkview Terrace and Taft Speedway neighborhoods as part of the City's flood mitigation efforts. COMMUNITY DEVELOPMENT The Planner, 5.10. I 0 -page 6 MAY 16 - 2 I Bike to Work Week The League of American Bicy- clists reports that although more than half of the U.S. population lives within five miles of their workplace, only a small percent- age of people commute by bike. To encourage more of us to opt for the bike rather than the car or bus, several bicycling events are planned next week as part of Iowa City's observance of Bike to Work Week, including: Sunday, May 16 To get warmed up for the work week, a breakfast is scheduled at 9 a.m. on Sunday at Geoff s Bike and Ski at 816 S. Gilbert Street. And after breakfast? A ride, of course! Monday, May 17 A free Commuter Breakfast will be provided from 7:30 to 9:30 a.m. at 30th Century Bicycle at 310 Prentiss Street. Tuesday, May 18 One of the City's annual B2WW events is a race by three com- muters to see who can make it from library to library in the shortest amount of time: a bicy- clist, adriver, or a bus rider. This year, the starting point will be the Coralville Public Library ~'. J ~' way ~~~e tv wvr~? i. It's tuNl Biking to work builds morale, encourages camaraderie, and is a great way to get active in your . community. . z. It's >"~~t>"y~ Active employees are more alert, take fewer sick days, and are more productive. 3. It's ~R~~NI Biking reduces your carbon foot- print, reduces traffic congestion, and can save you money! . at I I :50 a.m. Commuters will head to the Iowa City Public Library and we'll see who wins... Wednesday, May 19 The Ride of Silence - an 8- to 12-mile bike ride that honors fallen and injured cyclists and advocates for bicyclists' rights- will begin at 6:45 p.m. at the north entrance to the Ped Mall (the intersection of Washington and Dubuque Streets). Thursday, May 20 A Bike to Work Week tradition: the Mayors' Ride. The event will begin at 5:30 p.m. at Chauncey Swan Park in Iowa City and con- clude at the New Pioneer store in Coralville. As always, there will be FOOD! MUSIC! PRIZES! Friday, May 21 This year's Bike to Work Week will conclude with an after-work gathering at Vito's on the Pedes- trian Mall in Iowa City. Stop by on your way home! Other events For more information on these or other events scheduled as part of Bike to Work Week, visit www.b2wwic.org. The Planner, 5.10. I 0 -page 7 UPCOMING MEETINGS .................................................................. Wednesday, May 12 Board of Adjustment 5:15 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street On the agenda: Discussion of an application submitted by Nila Haug and Dennis Nowotny for a special exception to allow a bed and breakfast inn to operate in the Central Business Service (CB-2) zone at 51 I E. Washington Street. Thursday, May 20 ^ Planning & Zoning Commission 7 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Thursday, June 3 ^ Public Art Advisory Committee 3:30 pm, Lobby Conference Room, City Hall, 410 E. Washington Street ^ Planning & Zoning Commission 7 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Wednesday, June 9 ^ Board of Adjustment 5:15 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Thursday, June I 0 ^ Historic Preservation Commission b p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street Thursday, June 17 ^ Housing & Community Development Commission 6:30 p.m., Lobby Conference Room, City Hall, 410 E. Washington Street To view agendas & meeting packets for City meetings Agendas have not yet been written for some of these meetings. To find out what's on the agenda, visit the City website prior to the meeting. Go to the City's Calendar page at www.icgov.org/defaultl apps/G E N/calendar.asp, click on the date of the meeting, and then on the name of the group that will be meeting. Agendas and meeting packets for all scheduled meetings are posted to the web at least 24 hours in advance. Around town While the weather the past couple of days has cast some doubt on what season it really is, there's one sure sign that Spring is here: the opening of the Farmers' Market This photo shows the large crowd that arrived for the market's opening day this year -ready for fresh produce, baked goods, homemade items, flowers straight from the garden...and a chance to run into old friends. ^ Planning & Zoning Commission 7 p.m., Emma Harvat Hall, City Hall, 410 E. Washington Street WHO SHOULD YOU CONTACT? ............................................................................................. PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT General Phone: 319.356.5230 Fax: 319.356.5217 Department Web Page: http://www.icgov.org/PCD ADMINISTRATION Jeff Davidson Director 3 19.356.5232 j eff-d av i d s o n @iowa-c ity. o rg COMMUNITY DEVELOPMENT Steve Long Coordinator 3 19.356.5250 steve-long@iowa-city.org JCCOG John Yapp F~cecutive Director 3 19.356.5252 john-yapp@iowa-city.org Janet Dworsky Administrative Secretary 3 19.356.5230 Janet-dvorsky@iowa-city.org Jodi DeMeulenaere Public Information Assistant 319.356.5236 Jodi-demeulenaere@ iowa-city.org URBAN PLANNING Robert Miklo Senior Planner 3 19.356.5240 bob-miklo@iowa-city.org Urban Planners: Karen Howard 3 19.356.525 I karen-howard@iowa-city.org Christina Kuecker Historic Preservation 3 19.356.5243 Christina-kuecker@ iowa-city.org Sarah Walz Board of Adjustment 319.356.5239 Sarah-walz@iowa-city.org Community Development Planners: Tracy Hightshoe 3 19.356.5244 tract'-hightshoe@iowa-city.org Doug Ongie 3 19.356.5479 doug-ongie@iowa-city.org David Purdy 3 19.356.5489 david-purdy@iowa-city.org Housing Rehabilitation Specialists: David Powers 319.356.5233 david-powers@iowa-city.org Jeff Vanatter 3 19.356.5 128 jell-vanatter@iowa-city.org Liz Osborne Program Assistant 3 19.356.5246 I iz-Osborne@iowa-c ity.org ECONOMIC DEVELOPMENT Wendy Ford Coordinator 3 19.356.5248 Wendy-ford @iowa-city.org Transportation Planners: Brad Neumann 319.356.5235 brad-neumann@iowa-city.org Kent Ralston 3 19.356.5253 kent-ralston@iowa-city.org Kristopher Ackerson 3 19.356.5247 kri stopher-ackerson @ iowa-city.org Darian Nagle-Gamm 3 19.356.5254 darian-nagle-gamm@ iowa-city.org Human Services Planning: Linda Severson Coordinator 3 19.356.5242 I inda-Severson@iowa-city.org NEIGHBORHOOD SERVICES Marcia Bollinger Coordinator of Neighborhood Services & Iowa City Public Art Program 3 19.356.5237 marcia-bolli nger@iowa-city.org OS-13-10 IP6 Marian Karr From: Marian Karr Sent: Tuesday, May 11, 2010 7:59 AM To: 'Garry Klein' Cc: Dale Helling; Council Subject: RE: Error in Voting Results Thank you. I will correct it. Marian -----Original Message----- From: Garry Klein [mailto:the3rdiowac~mchsi.com] Sent: Tuesday, May 11, 2010 2:59 AM To: Marian Karr Cc: Dale Helling; Council Subject: Error in Voting Results Marian, There is an error in the voting of # 18 that your office reported last night. The actual vote was 4 to 1 with Dickens abstaining and Wright voting in the negative. ITEM 18. CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "AGGRESSIVE PANHANDLING," TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS IN THE DOWNTOWN. (SECOND CONSIDERATION) Comment: In June 2009, the City adopted an ordinance limiting soliciting in certain areas in the "downtown." The Downtown Association (DTA) recently requested additional restrictions. Staff recommends expedited action due to the summer schedule. Correspondence included in Council packet. Action: Second consideration, 6/0, Champion absent Garry Klein 628 2nd Ave, Iowa City, IA 52245 1 IP7 MINUTES PARKS AND RECREATION COMMISSION APRIL 7 2010 - 5:00 p.m. PRELIMINARY MEETING ROOM B, ROBERT A. LEE COMMUNITY RECREATION CENTER Members Present: David Bourgeois, Clay Clausen, Maggie Elliott, Craig Gustaveson, Jerry Raaz, John Westefeld Members Absent: Lorin Ditzler, Aaron Krohmer, Margaret Loomer Staff Present: Mike Moran, Terry Robinson Others Present: Andy Dudler, Ann Dudler CALL TO ORDER Meeting was called to order at 5 p.m. by Chairman Gustaveson. RECOMMENDATIONS TO COUNCIL: None OTHER FORMAL ACTION TAKEN: Moved by Raaz seconded by Westefeld to approve the March 10, 2010 Parks and Recreation Commission minutes as written Motion passed 6-0 with Ditzlers Krohmer and Loomer being absent. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None TERRY TRUEBLOOD RECREATION AREA PRESENTATION - SNYDER & ASSOCIATES: Brian Gutheinz and Don Marner, Landscape Architects with Snyder & Associates, gave a presentation to the Commission regarding the Terry Trueblood Recreation Area. Gutheinz stated that the two goals for this evening are to update the Commission as to what has been completed and what the future holds for planning as well as get input from the Commission on ideas for the future planning Gutheinz and Marner presented a memo to the Commission outlining the park programming and master plan (copy attached). They will revise the master plan for TTRA based on comments and suggestions and return with a final plan to a future Commission meeting. Gutheinz noted that the trail construction has started and should be complete in mid-May. Comments and questions from Commission Members as follows: Westefeld asked about the parking lot plans, confirming that there will be four lots with one being larger than the other three. Gutheinz and Marner confirmed this to be the PARKS AND RECREATION COMMISSION April 7, 2010 Page 2 of 5 case stating that the large lot will accommodate up to 150 vehicles. This lot will be adjacent to the lodge. Westefeld also asked what the vision is for the beach area. Gutheinz reported that there is an area that has very sandy soil and is fairly flat so would be a logical location for a beach and would not require too much work to put that in place. Moran reported that staff would recommend that such a beach would not be staffed by a lifeguard. Marner reported that it was one of the last items on the priority list received from staff. Moran further stated that staff is not committed to placing a beach at TTRA. Raaz feels that with the good water quality and sandy soil etc., that there really should be a beach at this location as it would bring more kids to the park. He also asked where the closest play area is to the park. Moran stated that the closest play areas are at Napoleon and Wetherby parks. Gustaveson agreed that a beach would be a good addition to the park. There was some discussion regarding the lodge. This building is felt to be an important structure to this park as it will make a big impression to the Community. Moran reported that it will be built in such away to allow for additions if necessary down the road. The lodge will accommodate 150 people. Moran reviewed the money allocation for this project. He stated that there is a fairly significant amount of money left from Phase I that can carry over to Phase II. Phase II will include more cleanup of the property. Moran said that while staff would like to get the lodge constructed sooner than later, there is no money in place for that at this time. He said that staff can apply again for a Vision Iowa Grant this fall for FY12 funding. There is money in place to move forward with the phases in 2012 and 2013 ($2 million in 2012, $3 million in 2013). Gustaveson asked if we have to have a certain amount of funding in place prior to applying for the Vision Iowa Grant. Moran said that the money that was previously raised can be accounted for in that case as long as none of it has been spent prior to that. Moran noted that there is still concern with acquiring more property requires more maintenance staff and will address this issue with Council in June. Westefeld commented that he likes that the north side of the park plan provides for more activity while the south side provides for more private quiet areas. Moran asked for comments from Commission regarding fishing piers, specifically if they would like to see the piers go out over the water or just along the lake. It was consensus that they do not need to be built out over the water. Moran noted that Snyder & Associates staff will return to Commission with a finalized master plan in the near future. SPRING/SUMMER OPENINGS & DEDICATIONS: TTRA Trail System: Moran asked Commission if they would like to schedule this dedication upon completion of the trail or perhaps schedule it on the anniversary of the passing of Terry Trueblood which would be July 3. Moran will confirm date and let Commission know soon. Wetherby Splash Pad: Moran reported that staff had originally planned on having a soft opening Memorial Day weekend and then a formal dedication the following PARKS AND RECREATION COMMISSION April 7, 2010 Page 3 of 5 weekend. However, as Arts Fest is scheduled that particular weekend, staff has since decided to have soft opening in mid May and then a formal opening Memorial Day Soccer Park Statue Dedication: Robinson will contact Waunita Trueblood to discuss her schedule and then will plan a date for this dedication. COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS: Claussen asked Commission if they would like his wife to come and give a presentation regarding fundraising opportunities as she works for a firm that can help determine where best to go for donations etc. Gustaveson said that that request would be better presented to the Parks and Recreation Foundation. Moran and Claussen will discuss. Westefeld complimented staff on a great Summer Activity Guide. He also noted that he has visited Waterworks Park and Court Hill Trail and noted that they are both getting a lot of use. Raaz asked what the concrete columns are that have gone up at Pheasant Hill Park. k. Robinson reported that they are called "plinths" which are part of the Public Art process. High School art students will be decorating similar to the bench that they did in the past. Raaz would like Commission to be better informed of these projects. While he understands that it was Public Art money and their project, it would be helpful if Commission was informed in instances where they are asked questions about projects. Elliott praised Linda Schreiber for her efforts on cleaning up the downtown area. Westefeld asked about some no parking signage that has been placed at the Iowa River Power Company side of the river where the bridge is located stating that the way they are written and placed is quite confusing. Moran stated that that is handled by Coralville CHAIRS REPORT: Gustaveson said that he would like to have affiliate groups come to Commission meetings on a regular basis to report their activities. He suggested that DogPAC present at the May meeting since Commission will be revisiting their contract in May as it comes up for revote in June. Gustaveson reminded Commission that he would like to have members make presentations at Council meetings on a quarterly basis. Members to let Moran know if they can attend. Gustaveson would like to schedule a future Commission meeting at the Beckworth Boathouse. Moran will look into doing this. DIRECTORS REPORT: PARKS AND RECREATION COMMISSION April 7, 2010 Page 4 of 5 Gifts/Naming Policy: Dale Helling received five responses from boards and commissions. As he was disappointed in such few responses, he has asked for more before moving ahead on this. Superintendent Search: Moran, Robinson and other City Staff will be interviewing candidates this week. Moran hopes to make an offer by the end of April with a new Superintendent starting in June. He received 87 applicants and will be interviewing 4 in-house candidates and 4 from the outside. Affiliate Group Update: Council removed this item from their April 5/6 agenda. They will place on the April 26 work session and April 27 formal meeting agenda. Moran will be writing a memo to Council to explain the process. Kickers have written a letter to Council regarding their concerns. Commission members encouraged to attend. Moran will report back to Commission following this meeting. Council Meeting Schedule: Future council meeting dates are as follows: May 10, June 1, June 15, and July 12. Moran will keep Commission informed of these dates in his Friday Updates. Trail Counts: Moran noted that there is a trail count report in their packets for their information. DogPAC: Staff and DogPAC have discussed the agreement vote coming up in June. DogPAC is very supportive of the idea of hiring staff to monitor the dog parks and paying from the revenue received. Moran suggested that perhaps Commission discuss doing this on a one year trial. Moran and Dudlers' noted that they have been monitoring the park recently and have found that about 75% of patrons are not paying entry fees or have obtained tags for their dogs. ADJOURNMENT Moved by Westefeld, seconded by Claussen to adiourn the meeting at 6:40. Motion passed 6-0 with Ditzler, Krohmer and Loomer being absent. PARKS AND RECREATION COMMISSION April 7, 2010 Page 5 of 5 PARKS AND RECREATION COMMISSION ATTENDANCE RECORD YEAR 2010 NAME {h O O ~ ~ 01 ~ ~ eh . o ~ N TERM ~ M ~" N M ~ in ~ ti r oo °' o ~- r :- EXPIRES David 1/1/11 O/E O/E O/E X X Bourgeois Clay 1/1/14 X X X X X Claussen Lorin 1/1/13 O/E X X X O/E Ditrler Maggie 1/1/13 X X O/E X X Elliott Craig 1/1/11 X X X X X Gustaves on Aaron 1/1/13 X O/E X X O/E Krohmer Margaret 1/1/12 X O/E O/E X X Loomer Jerry Raaz 1/1/12 X O/E X X X John 1/1/14 O/E X X X X Westefeld KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting LQ = No meeting due to lack of quorum * = Not a member at this time IP8 MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT APRIL 14, 2010 - 5:15 PM EMMA J. HARVAT HALL MEMBERS PRESENT: Robert Anderson, Barbara Eckstein, Will Jennings, Caroline Sheerin, Leanne Tyson, MEMBERS EXCUSED: None STAFF PRESENT: Sarah Walz, Sara Greenwood Hektoen OTHERS PRESENT: Jeff Clark, Geoff Franzenburg, Yasser Gaber, Mohamed Hassanein RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Caroline Sheerin at 5:17 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Anderson, Eckstein, Jennings, Sheerin (Tyson not present at time of roll call). CONSIDERATION OF THE MINUTES FOR FEBRUARY 10T" 2010: Jennings offered three typographical changes to the minutes. Eckstein noted that the minutes were extraordinarily detailed and accurate; Sheerin concurred. Anderson motioned to approve the minutes as amended. Eckstein seconded. The motion carried 4-0 (Tyson not present at time of vote). Iowa City Board of Adjustment April 14, 2010 Page 2 of 22 SPECIAL EXCEPTIONS: EXC10-00001: An application submitted by Jeff Clark for a special exception to allow off- site parking in a municipal parking facility to satisfy the minimum parking requirements for a mixed use building to be constructed in the Central Business (CB-10) zone at 225 South Gilbert Street. Walz pointed out the location of the property on an overhead map, noting that it was the former site of Happy Joe's, which was destroyed a few years ago by a tornado. The applicant is proposing a five story mixed-use building with commercial uses on the ground floor and residential uses above. Walz said that off-street parking is now required for residential uses located in the CB-10 zone. The residential use will consist of sixteen apartments. Based on the number of bedrooms per apartment, the minimum required parking for the project is 24 spaces. Walz explained that the applicant has proposed eight parking spaces on-site. She said there are restrictions on where those spaces can be located within the structure; generally, they are underground or at the back of the building. The applicant has requested permission to provide the other sixteen required parking spaces in the Chauncey-Swan public parking ramp. This ramp is located about 500 feet from the subject property. Walz said there are approximately 475 spaces in the Chauncey-Swan ramp, 400 of which have had permits issued for them, leaving 75 spaces open for spontaneous public use. Walz noted that not all permits are used regularly, and usually there are more than 75 spaces available. She said that the ramp is rarely at capacity except for occasionally during a Farmers' Market (which takes place on the ground floor of the ramp) or other large events downtown. Walz stated that prior to 2009, there were no parking requirements for residential uses in the CB-10 zone. In fact, she said, if a developer wished to provide parking on-site they had to seek a special exception to do so. Part of the reason for this was to restrict the amount of land devoted to parking in the Downtown in order to encourage better land use, and that parking downtown should be primarily for commercial purposes and be provided in the ramps. Walz said that at the time the old code was written there was not a lot of demand for residential uses in the downtown area. She said that as demand for residential units downtown began to grow, the City realized that there was an imbalance, and that needed parking was not being provided because the code actually discouraged it. As a result, and at the direction of the Planning and Zoning Commission and City Council, the code was rewritten to ensure that an adequate number of parking spaces were being provided for residential units downtown. Provisions were made within the code to allow developers to provide parking spaces off-site through the special exception process; 100% of the spaces could potentially be provided off-site; however, each case is reviewed individually. Walz said that staff believes the requirements for the special exception have been satisfied because: 1) The subject use is in the CB-10 zone; 2) Although the 600 foot requirement does not apply in this case, the subject property is located 500 feet from the ramp; 3) The applicant has requested 16 spaces for long-term rental and the Director of Transportation Services has indicated in writing that these spaces are available, and the capacity of the ramp will not be exceeded by granting them; Iowa City Board of Adjustment April 14, 2010 Page 3 of 22 4) There are 475 spaces at the ramp and the permits that are assigned there are reviewed and adjusted annually; 5) The location of the off-street parking is appropriate because the locations of the property and the parking are in close proximity to each other, with safe and controlled sidewalk and intersection access between the two; 6) The proposed site is in a municipal parking ramp which is designed to provide safe vehicular access, and ingress and egress from the ramp are designed with good visibility; 7) The ramp is already constructed so there will be no changes to the area that result from granting this special exception. Walz said that with regard to the requirement for a written agreement, the applicant has provided a letter from the Director of Transportation Services indicating that the 16 spaces are available for use on a long-term basis. She said that the because the off-site location being requested is a City-owned facility, staff recommends that the applicant submit the required written agreement as part of the building permit application based on the number of spaces approved by the Board. Staff also recommends that any agreement provide that the parking permits must be offered to residents of the subject property at a rate not to exceed that determined by the Director of Transportation Services; that rate will be based on the market ate at the time of leasing. Walz said that there is nothing in the code that necessarily ties those spaces to the residents of the building, as the residents may not even want or need parking. Walz said that it is nonetheless staff's belief that the spaces should be offered to residents prior to being offered to anyone else. Walz said she would not go over the general standard but would let the Board ask her questions if they have any. Sheerin invited the Board to ask questions of staff. Jennings said that he understood that 16 spaces will be allocated whether or not the tenants in the subject property decide they want to use them. He asked if it was correct that the spaces would remain allocated regardless of whether they were actually used. Walz said that was correct. Greenwood Hektoen clarified that the spaces would not be assigned; there would be no particular set of spaces that were reserved just for this property. Rather, the residents would have a permit with which to find a space somewhere in the ramp. Sheerin asked if a member of the public could park in that space. Walz said that a member of the public could park in any space as residents will not have specific parking spots reserved, nor will they necessarily be guaranteed a space on a given day. The permit system operates on afirst-come/first-serve basis. Jennings said that he was attempting to ascertain whether the Board was discussing actual parking spaces or simply permits. Walz said the issue at hand involved permits, which grant the right to park when space is available at no additional hourly charge. Jennings asked how the number of required parking spaces was calculated. Walz said the figure is drawn from the number of residential units and the number of bedrooms per unit. She said the parking requirements are different for atwo-bedroom apartment and athree-bedroom apartment. Jennings pointed out that the parking requirement is for actual space, not the prospect of space. Walz said that the intent of the code is for the space to be provided. Walz said that any three- bedroom unit in Iowa City has a parking requirement of two spaces. Jennings said that the Iowa City Board of Adjustment April 14, 2010 Page 4 of 22 physical space that is being required by the code is not actually being provided; a permit is being provided. Walz said that the Transportation Services Director evaluates whether there is a reasonable expectation that a space could be found in the ramp on a regular basis. Walz noted that she did not believe that spaces would be allocated in a ramp that was regularly over- capacity. Greenwood Hektoen stated that it is in the City's interest to allow multiple people to use a given space. She said the parking director has analyzed the matter and has expressed a preference that such spaces not be assigned. Jennings said that his issue is that under the findings it says that the applicant has requested 16 spaces for long-term use, not 16 permits. He said the applicant has requested actual space, not the possibility of space. Sheerin said this might then be a question for the applicant. Walz said she thought it had more to do with what the City Council had legislated as the appropriate means for providing parking spaces. She said the idea was to manage demand, and City Council had specifically determined that demand could be managed by providing parking permits at a municipal ramp. She said she did understand, however, Jennings' concern with the terminology of spaces versus permits. Jennings said that he is concerned about the language. He said if the intent of the requirement is that for so many occupants there must be a certain number of parking spaces provided, then that would mean that actual space, not just a permit, should be provided. Sheerin asked if he would be more comfortable if the language used the term "permit" as opposed to "spaces". Jennings said that he also has concerns with the implications of language like "in perpetuity" and "long-term." He said that he was concerned that a whole system of phantom parking spaces was being created, where the City was leasing spaces in perpetuity to developers providing parking for residential units, when, in fact, the "spaces" were not really there. Greenwood Hektoen said that Chris Obrien has provided a letter to the Board stating that in his analysis as Director of Transportation Services the spaces are there and are available. She said that Obrien uses a very complicated system to make that determination and that the Board probably either needs to trust that analysis, or call Obrien before the Board to answer any questions they might have about that decision. Jennings said that it is not that he does not trust the analysis; rather, for him, the question is one of using the term "space" in conjunction with terms like "in perpetuity" and "long term." Walz explained that Obrien has indicated that there are 400 permits currently held in the Chauncey Swan ramp. By the time the proposed building is constructed, all of those permits will have come up for renewal. She said her understanding is that the idea is to keep 75 spaces open and available for public use, so the current permit holders would be reduced by the number necessary to accommodate the proposed use (16 spaces). She said that it is true that this is not a guaranteed, 24/7 parking space for the residents of the subject property; rather, the idea is to provide a likelihood that on most occasions there will be a spot available to them. Jennings said that his sense of the code is that occupancy of a building is tied to available parking spaces. He asked what would happen if the parking spaces were no longer available; if demand increased to such an extent that the 16 spaces that had been promised "in perpetuity" could no longer be granted to the developer. The City could not then go back and prohibit the apartments from being occupied. Walz stated that as demand for permits increases, current permit-holders could be shifted to other facilities, or more parking ramps could be built to accommodate increased demand. Walz said the idea is to manage downtown parking demand. She said this demand will continue to increase because most of the lots downtown are too small for developers to provide on-site parking. She said the idea is to put those permits into the ramps; this has been the plan since the change to the zoning code requiring residential parking was made. Tyson asked if it was correct that if these particular 16 spaces were granted in Chauncey Swan ramp, then they would forever be at that ramp. Walz said she believed that Iowa City Board of Adjustment April 14, 2010 Page 5 of 22 was the case. She noted that the Director of Transportation Services would set it up at the outset so that the spaces could be transferrable to another ramp if he foresaw that as an issue. Sheerin asked how the City would account for unforeseen demand increases that might make it so that in the future the 16 spaces were no longer readily available to residents. Walz said that if demand increased to that extent the City would build more ramps. She noted that at some point someone will make a request for off-site parking that will exceed current capacity. Sheerin noted that off-site parking requests are a variable the City can control for; however, the City cannot control the demand by the general public. Walz said the parking director regularly reviews demand and capacity issues, and when he finds that ramp capacity is frequently being reached, he will recommend that a new ramp is built. Jennings asked if he could have a more specific working definition of what "long-term" or "in perpetuity" means in this case. Greenwood Hektoen said that it means in perpetuity; for as long as the subject property is used for its intended purposes, the developer would have to rent 16 spaces in a municipal ramp and the City will guarantee that those permits are available. Jennings said it is not his intent to come off as being against this request; rather, he is simply concerned about the language of "space" versus "permit". He said that space is either literal or pretend, and as he lives in a neighborhood in which there is plenty of "pretend" space for parking, he understands that what might be technically true in terms of parking availability, may not be literally true. He said that he wonders about the allocation ratios of bedrooms to parking spaces and whether they are adequate or realistic; though he realizes such concerns are outside the purview of considering this particular application. Greenwood Hektoen said that while she thinks those are important things to be considered, the ratios are a matter for City Council consideration as the Council is the legislative body and the Board of Adjustment is aquasi-judicial board. Jennings said he understood this, however, when the matter comes before the Board, he has to wonder how the whole system of consideration was engineered. Walz said that it truly is a legislative issue and that the City Council had itself gone back and forth with this issue. She said that the Council had specifically wanted the code change to allow a reasonable amount of parking in the ramp. The previous code required no parking whatsoever for residential units in the downtown area. As a result, there was no tracking or true management of demand. She said that City Council had decided that if there is going to be residential demand downtown, then the City needs to build enough ramps or other facilities to account for those apartments. Jennings noted that there might be greater competition for parking spaces when there are downtown events such as The Farmers' Market. He asked if such events presented egress/ingress concerns. Walz said that access from the Washington Street side of Chauncey Swan is limited during Farmers' Markets; however, the College Street entrance is still available. There were no further questions for staff, and Sheerin invited the applicant to address the Board. Jeff Clark, 414 East Market Street, said that he did not have much to say about the application. He noted that in order to build this project downtown he needed to meet the requirements of the zoning code. He said that parking requirements did change in 2009, and he had attended every meeting of the Planning and Zoning Commission and the City Council in regard to that change. He said that he had not really fought the measure, and that he had agreed that parking in the downtown area was getting more difficult, and there was some need for management of it. He said that he believes the code offers a good solution to the problem. He said he had spoken with Obrien, and believed that he was on top of the issue and would be able to issue the permits that Clark needs to move forward with the project. He said that the tenants in the subject building will not necessarily use the parking spaces made available in Chauncey Swan, as he Iowa City Board of Adjustment April 14, 2010 Page 6 of 22 has other parking spaces in the downtown area whose availability varies from year to year. Clark said that on average the 16 spaces will be used by someone in his tenancy. He said that parking demand does vary from year to year for his tenants. Clark said he understood Jennings concerns about whether a "permit" actually equals a parking "space". He said that he could only address those concerns by stating that these were the provisions of the zoning ordinance, and the assumption of the code is that most often the tenant will be able to find a parking space. Clark said he hopes that the zoning changes work as intended. He said that he believes this is one of the first residential buildings to request parking spaces since the code was changed. Clark asked if he was correct in his understanding that he could lease the spaces out to other people if the building residents did not wish to rent them. Greenwood Hektoen said that as Clark would be the lessee, what he did with them was his prerogative so long as he followed the requirement of first making them available to his tenants at the same rate he is leasing them from the City. Clark said as they own multiple downtown properties, it may make sense for them to lease the spaces to tenants of buildings that are closer to the ramp, and make other spaces available to the tenants at the former Happy Joe's site. Greenwood Hektoen cautioned that Clark would not be able to use those spaces to meet his parking requirements for other buildings. Clark said that he understood that; he was simply talking about the most efficient way to manage his parking spaces for multiple residential properties. Greenwood Hektoen said that his name would be on the permit so he could manage the spaces as he saw fit, so long as he fulfilled the requirements of the code. Clark said he would be happy to answer any questions from the Board, and that he hoped they chose to approve the special exception. Tyson said she understood Clark to have said that he had other "options" for parking. Clark said that he did not necessarily have extra spaces to meet the parking requirements; rather, from year to year the locations where he might have parking available can change. Eckstein asked how the parking in the lower level of the building would be assigned. She noted that that part of Gilbert Street is often congested and heavily traveled. She asked if those spaces would be open to anyone living in the building, or if they would be assigned to particular units. Clark said the spaces in the building would be assigned to a particular vehicle; it will not be open parking so there would be no trolling for spaces. Sheerin opened the public hearing. There were no other speakers on the topic, so Sheerin invited a motion. Anderson motioned to approve EXC10-00001, an application submitted by Jeff Clark for a special exception to allow up to 16 parking spaces in a municipal parking facility to satisfy the minimum parking requirements for a mixed use building to be constructed in the Central Business (CB-10) zone at 225 South Gilbert Street, subject to the following conditions: 1. All approved spaces will be provided in the Chauncey Swan Ramp according to the terms set by the Director of Transportation Services; and 2. The applicant must submit the required covenant for off-site parking prior to securing a building permit. The covenant shall include a stipulation that the off- site parking be made available to residents of the subject property at a cost not to Iowa City Board of Adjustment April 14, 2010 Page 7 of 22 exceed the market rate determined by the Director of Transportation Services at the time of leasing. Tyson seconded. Sheerin invited discussion. There was none. Sheerin closed the public hearing. Greenwood Hektoen noted that Walz had reformatted the staff report to assist with the findings of fact. Findings of Fact• Specific Standards (14-5A-41 ): Eckstein stated that the applicant has submitted an aerial photograph showing that the subject property is within 500 feet of the Chauncey Swan parking ramp. Eckstein said that the requirement was for the ramp to be within 600 feet of the off-site parking if that parking is not housed within a municipal ramp. Eckstein stated that as the proposed parking is located in a municipal ramp, the applicant must meet only the minimum parking requirements. These requirements have been met because: 1) The subject use is located in the CB-10 zone; 2) The Director of Transportation Services has indicated in writing that the 16 spaces are available for long-term use and the capacity of the ramp will not be exceeded if the special exception is granted; 3) There are 475 spaces in the Chauncey Swan ramp; 400 permits are issued and 75 spaces remain open for use. Not all permitted spaces are regularly used, and the Director of Transportation Services analyzes the use and demand for parking in this and other ramps annually. Jennings said that the ramp is in close proximity to the residential use (approximately 500 feet walking distance) with sidewalks and a controlled intersection connecting the two sites; the proposed site is in a municipal ramp in which the parking is designed to provide safe vehicle access, and ingress and egress for the ramp are designed with good visibility. The ramp is already constructed so there will be no change to the area. Findings of Fact• General Standards (14-4B-3): Jennings stated that the Director of Transportation Services has reviewed the request and has indicated that there is more than adequate capacity in the Chauncey Swan ramp to accommodate the request without compromising the space available for shoppers and other downtown visitors. All utilities, access roads, drainage and other facilities are in place to serve the parking facility and the development of the proposed building. Iowa City Board of Adjustment April 14, 2010 Page 8 of 22 Jennings reiterated that the municipal facility in which the off-site parking is being requested has safe ingress and egress to adjacent public streets and is designed to minimize congestion of public streets. Eckstein added that the Board understands that the building will actually require 24 spaces, and that eight of those spaces will be on-site. Jennings noted that the eight on-site parking spaces are not open, but will be assigned to a specific vehicle. The 16 permit spaces will be made available to tenants upon leasing. Anderson said he would like to reiterate that the Director of Transportation Services submitted a letter stating that there is available space at this facility, and that makes this a very reasonable exception to grant. Sheerin said she agrees with the findings and she too would like to note the letter from the Director of Transportation Services. Greenwood Hektoen noted that one of the criteria is that there is a covenant, and she asked the Board to address that in their findings. Tyson said that the applicant must submit a written agreement as part of the building permit application based on the number of spaces approved by the Board; the agreement shall state that the parking will be made available to residents of the subject property at a cost not to exceed the market rate determined by the Director of Transportation Services. Greenwood Hektoen noted that at this point the applicant did not technically meet the requirement for a covenant; however, it is a condition of approval. The Board indicated agreement with this statement. A vote was taken and the motion was approved 5-0. Sheerin declared the motion approved, noting that any party desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. EXC10-00002: An application submitted by Quality Associates for a special exception to reduce the minimum off-street parking requirements for a business located in the General Industrial (I-1) zone at 2630 Independence Road. Walz explained that the subject property was in an area designed for industrial uses. She noted that Quality Associates is a packaging company that works with Proctor & Gamble. Currently the site is set up around warehouse uses and has a lot of space devoted to trucking and docking. Walz said that the proposed use would designate approximately one-third of the building to packaging services, one-third of the building to Quality Associates' warehousing needs, and one-third of the building to Proctor & Gamble warehouse space. She said the warehouse facilities would not have many employees present at a given time. Walz explained that parking requirements are based on square-footage. She said that this sometimes becomes complicated when considering warehouse facilities, as there is a lower parking requirement for general warehouse uses than there is for warehouse uses that have a production element to them. Walz noted that a breakdown of this distinction can be found in the Iowa City Board of Adjustment April 14, 2010 Page 9 of 22 staff report. She noted that the applicant did have the space available to provide all 211 of the required parking spaces, though it would require some redesign of the paved areas. Walz said that the applicant has explained that at peak capacity the maximum number of employees that will be on-site would be 95. She said that shifts are staggered to provide ahalf-hour lapse. The applicant is asking for their parking requirement to be reduced to 142 spaces. Walz said that the zoning code allows the Board to grant reductions in parking requirements where it can kie demonstrated that a specific use has unique characteristics such that the number of parking spaces required is excessive. Walz said that staff feels the applicant has demonstrated that the parking requirements for their particular uses are excessive. Even with the reduction, the applicant is providing nearly 50% more spaces than they will actually need at any given time. The warehouse uses have only a minimal number of employees present on an occasional basis. Staff believes that the proposed reduction would not be detrimental to the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity, and will not diminish or impair property values in the neighborhood; nor will it impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The following reasons are given for these conclusions: 1) The proposed reduction will provide nearly 50% more spaces than the maximum number of employees anticipated during a single shift, and the shifts are staggered by one-half hour to minimize overcapacity on the site; 2) There is sufficient space on site to construct all required parking should the use expand in the future. Walz noted that when an applicant puts forth a statement regarding the number of employees they will have, the applicant's estimates are generally accepted; in this case, the facility is in an I-1 zone where there are no parking issues at present. She said if there are complaints or observations to the contrary made at a later date, the City would investigate. Staff recommends land-banking the extra space that would normally have been dedicated to parking, setting it aside so that no additional structures can be built on it. If in the future it is determined that more parking is needed, this set-aside can be used to meet the requirements. Walz said that all access roads, utilities and other facilities are already established to serve this industrial area. The area is designed for industrial vehicles and industrial levels of traffic. Walz noted that the proposed parking area has not yet been reviewed by the Building Official to verify that the proposed 142-space parking area is in compliance with all requirements of the code. Approval of the final site plan is required in order for the applicant to receive an occupancy permit for the building. Staff recommends that approval of the final site plan is a condition of the special exception. Walz stated that the Comprehensive Plan indicates that the area is appropriate and desirable for industrial uses because it provides good access to the highway and railroad. However, the Comprehensive Plan does not directly address the issue of parking requirements or reductions to those requirements. Iowa City Board of Adjustment April 14, 2010 Page 10 of 22 Walz concluded by stating that staff recommends approval of EXC10-00002, an application by Quality Associates, located at 2630 Independence Road, for a special exception to reduce the number of required parking spaces within the I-1 zone from 211 spaces to 142 spaces subject to the following conditions: 1) The applicant must land-bank an area sufficient to provide the additional 60 spaces that would ordinarily be required. This area should be indicated on the final site plan; 2) Final site approval by the Building Official for the proposed 142-space parking area; 3) The parking reduction is limited to Quality Associates and the proposed use of the property as described in this application. Sheerin asked if there were any questions for staff. Eckstein asked if the applicant would be required to report changes in maximum occupancy that might affect the parking needs. Walz noted that if the applicant wished to expand their facility they would have to come to the City for a building permit, and at that time the parking would be reviewed again. Eckstein asked what would happen if the facility expanded its operations but not its building. Greenwood Hektoen said she was not sure how to answer that question. She said that if the applicant needed additional parking she believed they would need to come back before the Board so that the Board could readdress whether it was necessary for them to come into compliance with parking lot standards. Sheerin asked if language could be added to the special exception requiring that the company come back before the Board if the number of employees increases. Walz said that they could make that a requirement. Tyson asked if the Board would do that by specifying a percentage or specific number of an increase in employees that would trigger a return to the Board. Greenwood Hektoen said staff had had quite a bit of discussion about this, and that the Board may want to discuss that with the applicant. She said the applicant is providing parking spaces in excess of the number of employees that will be on- site. She said that even if the applicant hired, for example, 15 more employees, they would still have sufficient parking space even at the level of the requirement reduction. Tyson asked how that would be monitored. Walz said an investigation would be triggered by complaint or observation of a problem. Walz noted that there is an inherent incentive for the applicant to provide the appropriate number of parking spaces, in that failure to do so would make it more difficult for their own employees to report to work on time. Sheerin invited the applicant to address the Board. Geoff Franzenburg, 3500 J Street SW, Cedar Rapids, appeared on behalf of the applicant. He said that he is a representative of Septagon Construction, the general contractor for the project. He said he would be happy to answer any questions the Board might have. Anderson asked if there was any possibility that overtime for the first shift workers would cause strain on the parking facilities if the requirement was reduced to the level requested by the applicant. Franzenburg said that the calculations for the number of spaces needed by the company were based on the potential need for shift overlap as demonstrated at other facilities owned by the applicant. He said the applicant has six facilities throughout the United States. He said that the applicant has found that with this type of production there are a number of employees who carpool, walk to work, or take public transit. Franzenburg said that the Iowa City Board of Adjustment April 14, 2010 Page 11 of 22 company had studied the parking lot usage for similar facilities and used those numbers to calculate the need for this facility. He noted that multiple shifting is set up to try to avoid the expense of overtime. He added that if need be, the applicant would go to a third shift to meet production demands. Tyson asked if it was the case that Franzenburg's firm had looked at other sites in this area. Franzenburg said that was correct; they had evaluated nearby competitors with similar facilities and production needs. Jennings asked how the shift-change calculations were determined, through observation or conjecture. Franzenburg said that the calculations were made by observation of their own facilities in other locations. He said that the additional 50 spaces beyond the observed need was intended to leave room for flexibility or change in parking needs. Franzenburg noted that he understood the land bank issue in staff's recommendation. However, he wanted to ensure that language was added to clarify that the land will only be banked for the duration of Quality Associates' lease. Walz clarified that the entire special exception will be null and void when and if Quality Associates leaves the property. Franzenburg said everything else looked good to him. Sheerin opened the issue for public discussion. There were no additional comments from the public, staff or Board on the matter, and the public hearing was closed. Sheerin invited a motion. Tyson moved to approve EXC10-00002, an application by Quality Associates for a special exception to reduce the number of required parking spaces within an I-1 zone from 211 spaces to 142 spaces, located at 2630 Independence Road, subject to the following conditions: 1) The applicant must land bank an area sufficient to provide the additional 69 spaces that would ordinarily be required. This area should be indicated on the final site plan. 2) Final site plan approval by the Building Official for the proposed 142-space parking area. 3) The parking reduction is limited to Quality Associates and the proposed use of the property as described in this application. Jennings seconded. Sheerin asked for findings of fact. Findings of Fact Specific Standards (14-SA-4F-5): Eckstein stated that the applicant has provided a statement indicating that at peak capacity, the packaging facility will rely on two shifts of employees, with 95 workers on first shift and 85 workers on second shift, and aone-half hour offset between shifts to control congestion. She said that the applicant has indicated that Proctor & Gamble's space is for inventory only and Iowa City Board of Adjustment April 14, 2010 Page 12 of 22 therefore has a limited number of employees present in the facility, and even that is only on an occasional basis. Eckstein said that this indicates that the proposed 142 parking spaces should be sufficient for the proposed use of the property, rather than the 211 spaces that would normally be required. Findings of Fact• General Standards (14-4B-3): Jennings found that because the proposed parking plan provides approximately 50% more spaces than the maximum number of employees anticipated during a single shift; work shifts are staggered by one-half hour to minimize overcapacity on the site; and there is sufficient space on-site to construct all required parking should the use expand in the future, the specific exception is appropriate. He noted that the applicant will be required to land-bank additional space, setting it aside without constructing structures on it, so that it is available in the future if the demand for parking increases. Jennings pointed out that the land-banked space would not have to be paved, striped or landscaped, and as a result the applicant would be saving the expense of actually constructing the additional parking. Eckstein stated that the final site plan has not yet been reviewed by the Building Official to ensure that the parking proposal is in compliance with all other requirements of the zoning code. She stated that approval of the site plan is required in order for the applicant to secure a certificate of occupancy. Tyson found that the proposed use would be consistent with the Comprehensive Plan as amended because the plan identifies that area as appropriate for industrial uses. However, the plan does not specifically address parking requirements or reductions. Sheerin added that all necessary access roads, utilities and drainage are already in place to serve the industrial area. Independence Road is designed for industrial use and provides access to Highway 6 via a signalized intersection. All access drives for the site are signed to support this level of traffic, so adequate measures have been taken to provide proper egress and ingress. There were no other findings and a vote was called for. The motion carried on a 5-0 vote. Sheerin declared the motion approved, noting that any party desiring to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. EXC10-00003: An application submitted by Yasser Gaber for a special exception to allow a Vehicle Repair Use to be located in the Community Commercial (CC-2) zone at 1911 Keokuk Street. Walz pointed out the location on an overhead map. She noted that all abutting properties are also zoned CC-2, with the exception of the properties to the south and west which are zoned CI-1. Iowa City Board of Adjustment April 14, 2010 Page 13 of 22 Walz explained that the CC-2 zone is designed to support uses that generate a lot of traffic. She said that vehicle repair uses are allowed in this zone by special exception for properties that are located more than 100 feet from a residential zone. Walz noted that this particular property is located more than 600 feet from the nearest residential zone, which is to the south of Southgate Avenue. Walz said that the specific criteria for this special exception focus on screening vehicle use and vehicle storage areas from surrounding properties, the public view, and rights-of-way. Walz pointed out that there are some other uses being established on the property that are not within the purview of the special exception. She noted the uses in order to inform the Board of what was going on with the site plan. She said there is a car sales facility on the lot as well as a small convenience-type grocery store. The vehicle repair use and the vehicle storage area will be at the back of the property behind a wing of the building. Walz noted that because there is a change in use for the property, the entire property must be brought into compliance with current zoning code. Tyson asked Walz to clarify on the overhead map where specific uses will be occurring on-site, and Walz did so. Walz said the specific criteria for the vehicle repair use have to do with screening. The vehicle storage area is screened by the building from the Keokuk Street right-of-way, as it will be in the rear of the building. She noted that there is a parking area adjacent to the vehicle repair use that will have the required S-2 landscaping, though the vehicle repair use may be visible from the trail and the frontage road. Because of this, staff recommends that the screening requirement along the northwest property line be changed to S-3, tall dense landscape screening. Walz said that another specific requirement is that other vehicle use areas such as parking drives, stacking spaces, etc., be set back at least ten feet from the public right-of-way. She said that the site plan shows that the applicant is doing this, and that they are providing the required S-1 and S-2 landscape screening. Where the outdoor storage areas abut other properties, the applicant is required to provide S-5 screening (opaque solid fencing), in addition to S-3 tall landscape screening. Walz explained that the Board of Adjustment may waive the requirement for the landscape screening if the planted screening cannot be expected to thrive due to site characteristics. Walz said that City staff has recommended that the required landscape screening not be required because it would interfere with a 10-foot easement for a sewer line. Staff suggests that the applicant provide the required S-5 fencing along the vehicle storage area; however, the area is paved almost directly up to the easement line. Therefore, placing the fence outside of the sewer easement would require the applicant to remove some of the pavement in that area. Alternatively, the applicant might choose to locate the solid fencing inside of the easement; in which case the City would require the applicant to sign an agreement stating that the City is not liable for any damage to the fence incurred as a result of working on the sewer line in the easement area. Anderson asked Walz to further clarify that statement. Walz stated that staff is asking the applicant to either place the fence 10-feet in from the property line, or to sign an agreement that the City will not be held responsible for the repair or replacement of the fence if it is damaged or removed in the event that the City must repair the sewer. Greenwood Hektoen said that the agreement simply reiterates that if a property owner puts something in the City's easement area, it is the property owner that assumes the risk. Iowa City Board of Adjustment April 14, 2010 Page 14 of 22 Walz noted that staff recommends waiving the S-3 screening requirement in a small area along the south side. She explained that given the layout of the property, landscape screening in that particular area would likely serve little purpose and would not likely be properly maintained. Walz briefly went over the General Criteria for the Board. She said that the proposed exception would not be detrimental to or endanger the public health, safety, comfort or general welfare because the property would be brought into compliance with all requirements of the zoning code, including all of the setbacks, screening and design of the vehicle use areas. This will separate vehicle use areas from pedestrian areas and the-right-of-way, thereby making the property safer. Staff believes that the submitted site plan shows compliance with nearly all of the areas of the zoning code, but the final review of the Building Official will ensure that all areas of the site are in compliance with code requirements. Staff recommends that approval of the final site plan be a condition of the special exception. Walz said that the exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood provided that the applicant provides the recommended S-3 screening. She said that when that is done, the applicant will have satisfied these criteria because: 1) The vehicle storage area is located to the rear of the site and behind the building, effectively screening it from the Keokuk Street right-of-way; 2) The submitted site plan shows the required S-5 opaque fencing necessary to screen the vehicle storage area from adjacent properties to the west and south. Staff recommends that the fence be a minimum of six feet in height; 3) By providing the recommended S-3 landscape screening along the parking area located on the north side of the vehicle storage area, the applicant can effectively screen the use from the adjacent property and from the Highway 6 right-of-way; 4) In order to establish the change of use on the property, the final site plan must be reviewed by the Building Inspector to ensure compliance with all elements of the zoning code. Bringing the property into compliance with code requirements will help to make the site safer and more attractive. Walz noted that adequate utilities, access roads, drainage and/or necessary facilities are already in place to serve the entire commercial area. Staff believes that adequate measures have been taken to provide ingress and egress. The transportation planners have reviewed the site and have verified that there are no traffic concerns associated with this site. The site plan shows that the entrance drive will be in compliance with the maximum curb cut standards, and there is adequate space for vehicles to stack when exiting the site. Walz said that staff is asking for a condition requiring final site plan approval and the waiver of the S-3 landscape screening along the rear property line. Other than that, the proposed exception seems to conform to the applicable regulations and standards of the zone in which it is to be located. Iowa City Board of Adjustment April 14, 2010 Page 15 of 22 Walz said that the proposed use is consistent with the Comprehensive Plan as amended. The Future Land Use Scenarios for the South District Plan show this and surrounding properties as General Commercial and do not anticipate major changes to the area. The zoning code allows flexibility in the types of commercial uses allowed in this zone based on the specific criteria, which are focused on screening outdoor storage areas from surrounding properties. Walz concluded that staff recommends approval of EXC10-00003 subject to: 1) The applicant securing a building permit to establish the change of use on the property; 2) Approval of the final site plan by the Building Inspector to ensure compliance with all requirements of the zoning code; 3) The required S-5 opaque fence or wall along the west and south side of the vehicle storage area should be a minimum of six feet in height to screen the vehicle storage area; 4) S-3 landscape screening shall be provided along the property line north of the vehicle storage area, between the parking and the adjacent commercial property, in order to screen the use from the Highway 6 right-of-way; 5) If fencing is to be installed within the sanitary sewer easement, the applicant must provide a signed agreement stating that the City will not be responsible for repairing or replacing any portion of the fence that is damaged when the City maintains or repairs the sewer. The agreement must be on file prior to the City issuing a certificate of occupancy. Staff further recommends waiving the requirement for the S-3 landscape screening in the area of the sanitary sewer easement, based on the City's need to maintain access to this area. Sheerin asked if there were questions for staff. Eckstein asked if the code addressed the issue of water retention in areas such as this where there is a great deal of pavement. Walz said that part of the code requirement is that all areas that are not required for drives or parking have to be landscaping, or something other than pavement. Walz acknowledged that there is a lot of pavement used on commercial sites. She said that water retention requirements do not generally come into play for individual properties; rather they are generally put into place at the time of larger subdivision development. Walz said she did not know if water retention requirements were in effect with this particular property because it was developed quite a long time ago. She noted that narrowing drives and not occupying excessive amounts of the property with pavement will be addressed in the site plan approval process. She said that setback areas and the landscaping required there also serve as a means of water absorption. Eckstein said it sounds as though the code does not allow a retrospective approach to fixing things that had been done wrong initially. Walz said that if this were alarger-scale redevelopment of the whole area that might be addressed. Eckstein noted that the options listed for opaque fencing materials included mortar, and she wondered if this would include concrete block. Eckstein said she assumed that it did, unless the Board specified that they wished to prohibit that material. Eckstein asked if the provision whereby cars could not be stored on the lot for more than 45 days needed to be spelled out as a condition of approval. Walz said it is a requirement and therefore does not need to be Iowa City Board of Adjustment April 14, 2010 Page 16 of 22 specifically included as a condition. Greenwood Hektoen said that it is one of the requirements that the applicant must satisfy. Tyson asked if this too was enforced only on the basis of complaints or observation, and Walz said that was correct. Anderson asked if there was room to put the fence on the applicant's property, or if doing so would impede on the operations of the applicant. Walz said there is adequate space. Tyson asked if the applicant determines what type of materials the fencing will be made of. Walz said that it would be up to the applicant unless the Board could find a reason to recommend a specific material. Tyson noted that the Board had been down the path of "opaque" materials before. Walz noted that the last time the Board was waiving the solid fencing requirement, whereas this special exception does not have a provision whereby the fencing requirement could be waived. Tyson asked if the Board could require that the fence be made of brick, for example. Walz said that if the Board had a reasonable reason for doing so it could. Sheerin asked if aesthetics would be considered a reason. Walz said that if the area was highly visible it might be a good reason. In this case, the fence is not particularly visible, and the Board would want to consider whether or not that material would be reasonable. Walz said that it is typical of a CC-2 zone to have parking in the front of the building. Tyson said her concern is that if the applicant chooses to use wood instead of brick, then maintenance might become an issue. Walz said that the applicant would have to maintain the fence so that it provided the required screening. There were no further questions for staff and Sheerin invited the applicant to speak. Yasser Gaber, 3410 Shamrock Drive, said he wanted to thank Walz for her assistance on this matter. He said he would be happy to answer any questions from the Board. Anderson asked Gaber if he felt it was possible to put the fence inside his property line. Gaber said that at first he did not want to sign such an agreement, but once he understood the rules and saw how hard Walz was working on the case he agreed to sign a document releasing the City from liability if the fence needed repairs or replacement due to City maintenance of the sewer line. He said he would prefer not to have a fence at all and to just do S-3 landscaping; however, if it is required they will do it. Walz clarified that the applicant has the option of putting the fence outside of the easement area; in that case, no agreement will be required. An agreement releasing the City from liability is only necessary if the applicant locates the fence inside the easement area. Anderson said he was not certain how a financial agreement of this nature was related to granting a special exception for this land use. He said that it seemed as though the City was requiring the applicant to accept terms that were somewhat unrelated to the case before the Board. Walz said that typically property owners are not allowed to construct anything of any kind in a sewer easement. In this case, the fencing is required. She said the agreement is a way of offering the applicant flexibility. The City could instead say that the applicant could not provide the screening in the easement at all. Allowing them to put the fence in the easement and waive the City's liability for damages is intended to benefit the applicant in terms of offering them more options than would typically be available to them. Jennings asked if it was the applicant's preference to build the fence outside of the easement, thus making the agreement unnecessary, or to build in the easement and to enter an agreement with the City. Gaber said that he would like to see as much of the land as possible used by his vehicles. He said he would prefer to sign the agreement and put the fence in the sewer easement and simply hope that nothing happens. He said the best option would be to make a deal with his neighbor to renew the neighbor's existing fence which is outside the sewer easement. Greenwood Iowa City Board of Adjustment April 14, 2010 Page 17 of 22 Hektoen said that the Board did not have jurisdiction to impose requirements on the neighboring property or the authority to waive the fencing requirement for this property. Because the neighboring property is not a part of this application, the Board cannot impose a regulation on that property. Gaber said that is unfortunate because if the City could be somewhat flexible, that arrangement would be beneficial to all parties. Walz said that Greenwood Hektoen was saying that the City does not have legal authority to be flexible in this respect. Anderson asked if the applicant would like to withdraw this application and come back with a separate request for an exception on that side of the property, and to submit a letter from with the neighboring property expressing willingness to participate in that plan. Walz said that Greenwood Hektoen is saying that that could not be allowed-there is no such relief available in the code. Gaber thanked Anderson for trying to accommodate the request. Walz explained that the requirement is for Gaber's property and the City cannot encumber the other property with a requirement that is for Gaber's property. Anderson said he understood that; he was just wondering if there was a way for the applicant to ask for a special exception on that side of the property. Walz said that there is not a way for that to happen. Tyson asked about the condition the cars in the vehicle storage area would be in. She noted that the applicant has a cab business as well as an auto sales business on-site. Gaber said that he had owned aused-car dealership, and that unfortunately he has some inventory remaining from that. Additionally, on the auto-repair side of the business, sometimes people do not have the funds necessary to pay for their repairs and get in a position of having to leave their car there for a couple of weeks. Gaber said that their goal is not to store cars for more than a few days. He noted that the requirement says cars cannot be stored for more than 45 days, but that 45 days is much longer than they wish to store any car. He said the cars will be fully functioning cars. Tyson asked if in addition to cars on-site for repairs there would be cars being bought and sold on the lot. Gaber said that the present use is for auto repair. He said that in the future he would like to have a dealership, but that was not presently part of this application. Walz noted that there is a requirement that no car can be stored in the vehicle storage area for more than 45 days, regardless of why the car is on-site. Mohamed Hassanein, 738 13th Avenue, asked if the 45-day restriction applied to only the vehicle storage area or if it applied to the front of the lot as well. Walz said it only applied to the vehicle storage area. She noted, however, that they could not store vehicles waiting to be repaired at the front of their lot. Hassanein said that his concern was in regard to a car that they might be trying to sell. Walz said that was different, and would not fall under the 45-day requirement. There was no one else who wished to speak to this issue and the public hearing was closed. Tyson motioned to approve EXC10-00003, a special request submitted by Yasser Gaber to allow a Vehicle Repair Use in the Community Commercial (CC-2) zone at 1911 Keokuk Street subject to the following conditions: 1) The applicant must secure a building permit to establish the change of use on the property; 2) Approval of the final site plan by the Building Inspector to ensure compliance with all requirements in the zoning code; Iowa City Board of Adjustment April 14, 2010 Page 18 of 22 3) The required S-5 opaque fence or wall along the west and south side of the vehicle storage area should be a minimum of six feet in height to screen the vehicle storage area; 4) S-3 (tall) landscape screening shall be provided along the property line north of the vehicle storage area, between the parking and the adjacent commercial property, in order to screen the use from the Highway 6 right-of-way; 5) If fencing is to be installed within the sanitary sewer easement, the applicant must provide a signed agreement stating that the City will not be responsible for repairing or replacing any portion of the fence that is damaged when the City maintains or repairs the sewer. The agreement must be on file prior to the City issuing a certificate of occupancy. Eckstein seconded. Sheerin excused herself per prior arrangements and left the meeting. Eckstein, as Vice-Chair, assumed the duties of the Chair for the remainder of the meeting. Eckstein invited discussion on the matter. Anderson said that his sole complaint about this application is the fact that the City is requiring the applicant to install a fence along the west side of the property while simultaneously requiring them to sign a waiver of financial liability. He said he found this unpalatable, although he understood that the applicant was willing to accept this condition. Tyson said she disagreed; the rules are the rules, and the City does not allow fencing in easements anywhere else so they should not in this case either. Walz clarified that the City is not requiring the applicant to put their fence in the easement; the location is the applicant's choice. Anderson said that he understood that. Tyson said she would like to require that the fence be on the applicant's property and outside of the easement. Greenwood Hektoen said that the City had contemplated making that a requirement; however, they recognized the applicant's concern that placing the fence outside the easement would essentially require them to abandon a portion of their land. Walz said that Public Works had wanted the fence outside the easement. The Building Official raised the concern that when a portion of property is fenced off, the fence becomes the assumed property line over time and causes confusion as to ownership and maintenance. She said that in offering the agreement, the City was attempting to find a way not to require the applicant to make ten feet of their property essentially inaccessible. Tyson said she was concerned that the City would make an exception for one property owner, allowing them to build in an easement. Greenwood Hektoen said that this is a position the City takes in easement agreements frequently: building in an easement is not allowed, and doing so is done at the risk of the property owner. She said she has not been able to determine the exact language or origin of this easement agreement, and it is possible that the City is already covered. She said that language contemplating this type of eventuality is typical in current easement agreements. Anderson said that he understands the issue; however, his objection is that the easement agreement is being required as a condition of the special exception. He said he believed the issue of the easement and the issue of the special exception should be separate issues. Greenwood Hektoen said that the City already has rights established on that property, and is simply trying to protect its property interests. She said that she would be more inclined to agree with Anderson's perspective if the City were simply requiring an agreement. However, the applicant retains the option not to impede the City's property rights, and can avoid the agreement altogether simply by building outside of the easement. Anderson said that he Iowa City Board of Adjustment April 14, 2010 Page 19 of 22 understands the City's position, but he, as a Board member, is not the City; it is not his interest to protect. Walz said that the agreement is in the public interest and the taxpayer's interest- the taxpayers would pay the cost if the fence needs to be removed and is damaged in the process. Anderson said he could accept that reasoning. Jennings said that any business owner engages in all manner of risks and one of the risks being acknowledged here is that if the property owner opts to retain maximum use of their property by putting a fence in the easement, then there is a liability and a risk in that. Jennings said that the applicant is being provided with a choice of gaining maximum use of their land or assuming a certain amount of risk by building in an easement. He said that given the different interests at play, this provides about as much flexibility and choice as possible while protecting the various property interests. Eckstein noted that the fencing will have very little visibility to anyone. Tyson said she would like to see a material sturdier than wood for the opaque fencing material. She said she could easily see the fence getting backed into with all of the comings and goings on the property. Anderson asked if it was possible to add something to the motion stating that the fencing material is subject to staff approval. Walz said the fence would have to meet the solid fencing standards. Tyson asked if the Board could ask that the fence not be made of wood. Walz said that she thought if the Board could do appropriate findings to indicate why the material should be other than wood they could make that specification. Greenwood Hektoen said that the Board should probably discuss the matter further given the fact that the fence will likely be in an easement area and may be subject to removal. Eckstein asked if it is normal procedure for the City Engineer to discuss with the applicant where and how the fence is built in an easement area. Walz said that she believed that if the fence is built in an easement the City would likely favor a material that could be somewhat easily removed, replaced, and repaired. She said there is a slight change in grade where the pavement ends on the property and her sense is that the fence will not be subject to being regularly bumped into by cars. Greenwood Hektoen said that one of the conditions of the motion is that the final site plan is approved by the Building Inspector. She noted that the Building Inspector will review the fencing materials and will determine if further discussion on the fencing is warranted at that point. Eckstein said that there is both the issue of the potential need for removal and of the weight of certain fencing materials. Jennings said a fence would be considered a permanent fixture, and as such the property owner would be charged with its upkeep and maintenance regardless of the material chosen. Therefore, if a wooden fence is bumped into or broken, the property owner would still have to maintain and repair that screening. Jennings said that this fence may be built on a particular type of easement there may be structural elements that dictate that some materials are more appropriate than others. Jennings noted that some plans for the fence would have to be proposed, and at that time the fencing materials would be subject to approval. Walz noted that typically the zoning code considers certain types of screening differently depending on where it is located. Walz said that screening in view of the public right-of-way is considered more strictly than that which is less visible. There was no further discussion on the matter and Eckstein invited the findings of fact. Findings of Fact: Specific Standards (14-4B-4E-5): Anderson found that the property is a sufficient distance from the nearest residential zone, and that the applicant has indicated that the vehicles will not be stored for longer than 45 days. The vehicle repair use area is to the rear of the property, which mitigates the view from public streets and rights-of-way. Walz noted that this was in regard to the Keokuk Street right-of-way. Anderson noted that the vehicle storage area is in view of the Highway 6 right-of-way, and that parked cars are not always present to provide the sense of separation of screening between the Iowa City Board of Adjustment April 14, 2010 Page 20 of 22 storage area and the adjacent property and Highway 6. He stated that the required 10-foot setback from the public right-of-way on both sides of the entryway drive is present. The applicant has acknowledged the City's desire to have a waiver of liability signed in the event that the applicant chooses to build the required fence in the sanitary sewer easement. Anderson found that the submitted site plan shows the required S-5 fence/wall screening along the vehicle storage area where it abuts the neighboring properties, and that S-3 (tall) landscape screening along the parking stalls to the north of the vehicle storage area will provide effective screening from the neighboring property and right-of-way. Findings of Fact: General Standards (14-4B-3): Anderson said that he acknowledged that the applicant is required to bring all areas of the site into compliance with the zoning code, including the landscaped 10-foot setbacks to separate the vehicle use and display areas from the public right-of-way; design of drive aisles, and required parking; pedestrian access from the public right-of-way, and curb cuts for the vehicle entrance to the site. The purpose of these requirements is, in part, to ensure the safe movement of vehicles and pedestrians on and across the site. Anderson noted that the final site plan will be approved prior to the special exception being granted. Anderson stated that the vehicle storage area is located to the rear of the site and behind the building, effectively screening it from the Keokuk right-of-way, and that the submitted site plan shows the required S-5 opaque fencing necessary to screen the vehicle storage area from adjacent properties to the west and south. Staff recommends that the fence be a minimum of six feet in height. Anderson found that the applicant has satisfied the requirement such that there will be no impediment to the normal and orderly development and improvement of the surrounding property and that adequate utilities, access roads, drainage and/or necessary facilities are already in place. Anderson stated that transportation planners have reviewed the site and found no traffic problems associated with it. He stated that the Future Land Use Scenario for the South District Plan shows this and surrounding properties as General Commercial and does not anticipate major changes to the area. Tyson added that vehicles could not be stored on the property for more than 45 continuous days and the storage area must be setback at least 20 feet from any public right-of-way including public trails and open space, and must be screened to the S-3 standard. Tyson stated that the applicant must secure a building permit to establish the change of use. She noted that the Board is waiving the requirement for the S-3 landscape screening in the area of the sanitary sewer easement based on the City's need to maintain access to the area. Jennings noted that if the fencing is to be installed within the sanitary sewer easement, the applicant must provide a signed agreement stating that the City will not be responsible for repairing or replacing any portion of the fence that is damaged when the City maintains or repairs the sewer. This agreement must be on file prior to the City issuing a certificate of occupancy. Iowa City Board of Adjustment April 14, 2010 Page 21 of 22 Eckstein stated that she found the waiver of the landscape requirement on the south corner to be reasonable. Greenwood Hektoen said she believed that was covered by the waiver of the landscape requirement in the sanitary sewer easement. Walz said that that particular corner is not in the easement and would have to be reached by going through other people's property. Greenwood Hektoen acknowledged that this should in fact be a separate waiver. Eckstein said she would like to support that waiver. Tyson said that she really appreciated that the applicant is trying to improve this area and she hopes that they make every effort to make it attractive. Eckstein called for a vote. The motion carried 4-0 (Sheerin absent at time of vote). Walz stated that the motion had been approved, and noted that any party wishing to appeal this decision to a court of record could do so within 30 days after this decision is filed with the City Clerk's Office. BOARD OF ADJUSTMENT INFORMATION: Walz said she was going through the orientation packet to try to provide updated and more thorough information. She provided Board members with a fresh copy of some of the pertinent documents. Tyson said she had received a letter in the mail regarding Leighton House from Sarah Holocek. She asked if this letter was strictly informational. Walz said that it is, as no current Board members were on the Board at the time of the original application. She noted that this issue is not to be discussed by and between Board members. Walz said she felt like progress was being made on doing the findings of fact and she thought the Board was doing a great job. She reminded Board members that if they have different observations, opinions, or conclusions than those outlined in the staff report, that is absolutely fine; they simply must be able to do findings of fact for those conclusions. ADJOURNMENT: Jennings motioned to adjourn. Tyson seconded. A vote was taken and the motion carried 4-0 (Sheerin not present at time of vote. The meeting adjourned at 7:25 p.m. Board of Adjustment Attendance Record - 20 I 0 Name Term Expires I / l 3 2/ I 0 3/ I 0 4/ 14 5/ 12 6/9 7/ 14 8/ I I 9/08 10/ 13 I I / 10 12/8 Other Robert Anderson 01 /0 I/ 12 X X X X Barbara Eckstein 01 /0 I / 14 O/E X X X Will Jennings 01 /0 I/ 15 X X X X Caroline Sheerin 01 /0 I / 13 X O/E X X LeAnn Tyson 01 /0 I/ I I X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member (Member either [a] resigned during the year, or [b] had not yet been appointed)