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Iowa City
Planning & Zoning Commission
Formal Meeting
` Thursday, January 7, 2016 -
7:00 PM
Emma Harvat Hall - City Hall
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PLANNING AND ZONING COMMISSION
Thursday, January 7, 2016 - 7:00 PM
Formal Meeting
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Roll Call
C. Public Discussion of Any Item Not on the Agenda
D. Rezoning / Development Item
Discussion of an application submitted by Steve Kohli for a rezoning of approximately 9.33-
acres from Low Density Single Family (RS-5) zone and Medium Density Single Family (RS-8)
zone to Planned Development Overlay (OPD-8) zone and a preliminary plat and sensitive
areas development plan for Pine Grove, a 12-lot residential subdivision with 10 single family
lots and 44 multi -family dwellings located south of Lower West Branch Road between Scott
Boulevard and Hummingbird Lane. (REZ15-00023/SUB15-00031)
E. Vacation Item
Discussion of an application submitted by CBD, LLC for the vacation of an approximately 15-
foot wide portion of Herbert Hoover Highway located adjacent to Churchill Meadows Part
One. (VAC15-00008)
F. Presentation of Projects in the Riverfront Crossings District
G. Consideration of Meeting Minutes: December 3, 2015
H. Planning & Zoning Information
I. Adjournment
Upcoming Planning & Zoning Commission Meetings
Formal: January 21/ February 4/ February 18
Informal: Scheduled as needed.
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ15-00023 and
SUB15-00031 Pine Grove
GENERAL INFORMATION:
Applicant:
Prepared by: Bob Miklo and
Marti Wolf, Planning Intern
Date: January 7, 2016
Steve Kohli
3129 Dubuque Street NE
Iowa City, IA 52240
(319) 351-5270
Contact: Duane Musser
1917 South Gilbert Street
Iowa City, IA 52240
(319)351-8282
Requested Action: Rezoning 5.44 acres from RS-5 to RS-8 (3.89 acres of
the property is currently zoned RS-8), rezoning the
entire 9.33 acre property to Planned Development
Overlay Zone (OPD-8) and a preliminary plat of Pine
Grove
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Allow residential development with 10 single family lots
and 44 multifamily dwelling units
South of Lower West Branch Road between Scott
Boulevard and Hummingbird Lane
Approximately 9.33 acres
Single family home - RS-5 and RS-8
North: Assisted living multifamily and single family —
OPD/RS-12 and OPD-8
East: Single Family - RS-5
South: Multifamily OPD-8
West: Duplexes OPD-8
Northeast District Plan
NE3 Lower West Branch
December 17, 2015
January 31, 2016
The applicant, Steve Kohli, is requesting approval for the rezoning of 9.33 acres of land from Low
Density Single Family Residential (RS-5) (5.44 acres) and Medium Density Single Family Residential
(RS-8) (3.89 acres) to a Planned Development Overlay Zone (OPD-8) and a preliminary plat and
sensitive areas development plan for Pine Grove, a 12-lot residential subdivision with 10 single family
lots, one 36-unit building, two 4-unit buildings.
The property currently has a single family dwelling and two garages that the applicant proposes to
remove. The property conations approximately 2 acres of woodland. The woodland was planted by
the previous owner. A sensitive areas plan is required because the applicant proposes to remove
more than 50% of the woodland. The property also contains groves of trees outside of woodland
area.
Good Neighbor Policy: The applicant conducted a Good Neighbor meeting on December 29, 2015,
ANALYSIS:
Current Zoning: The Low Density Single -Family Residential Zone (RS-5) is primarily intended to
provide housing opportunities for individual households. The regulations are intended to create,
maintain, and promote livable neighborhoods. The regulations allow for some flexibility of dwelling
types to provide housing opportunities for a variety of household types (duplexes and attached
single family on corner lots). This zone also allows for some nonresidential uses that contribute to
the livability of residential neighborhoods, such as parks, schools, religious institutions, and
daycare facilities. Related nonresidential uses and structures should be planned and designed to
be compatible with the character, scale, and pattern of the residential development.
The RS-5 zone allows for single family lots with a minimum lot area of 8,000 square feet, and a
minimum lot width of 60 feet. Lots that provide vehicle access from an alley or rear lane have a
minimum lot size of 6,000 square feet, and a minimum lot width of 50 feet. Duplexes or attached
single family lots are allowed on street corner lots provided that there is at least 6,000 square feet per
unit. The RS-5 zone allows for consideration of some non-residential uses, such religious institutions
and day-care centers, by special exception through the Board of Adjustment.
The RS-8 zone is similar to the RS-5 zone, but allows for smaller lot sizes. Single family lots are
required to have a minimum of 5,000 square feet and a minimum lot width of 45 feet. Lots that
provide vehicle access from an alley or rear lane have a minimum lot size of 4,000 square feet, and a
minimum lot width of 40 feet. Duplexes or attached single family lots are allowed on street corner
lots provided that there is at least 4,350 square feet per unit.
Proposed Zoning: The applicant proposes to rezone the RS-5 portion (5.44 acres) of the property to
RS-8 and to apply a Planned Development Overlay to the entire 9.33 acre property. The Planned
Development Overlay Zone is utilized to permit flexibility in the design, placement, and clustering of
buildings. The OPD zone is also intended to encourage the preservation and best use of existing
landscape features through development that is sensitive to the natural features of the surrounding
area; promote efficient land use; promote an attractive and safe living environment compatible with
surrounding residential developments; provide an alternative method for redeveloping older
residential areas; and encourage infill development. In this case the proposed OPD plan will allow
the clustering of units so that woodlands and groves of trees may be preserved and incorporated
into the design of the development, and provide a diversity of housing types.
Comprehensive Plan: Iowa City 2030 Comprehensive Plan Future Land Use Map designates this
area as medium density residential (2-8 dwelling units per acre). The text of the Plan indicates
that medium to higher density development may be appropriate at the intersections of collector
and arterial streets. Scott Boulevard is an arterial street and Lower West Branch Road is a
collector street.
The property is within the Northeast Planning District, which encourages a mix of housing types
and shows the property adjacent to Scott Boulevard as appropriate for town -house style multi-
family development and the portion adjacent to Hummingbird Lane as appropriate for single family
residential development.
In staff's view the mix of single family and multifamily development proposed with this OPD plan is
consistent with the policies of the Comprehensive Plan. Although the applicant is requesting IRS-8
zoning for the eastern portion of the property, the proposed lots are considerably larger the than
the minimum 5,000 square feet allowed in the RS-8 zone, or even the minimum 8,000 square feet
allowed by the current RS-5 zone. The larger single family lots will allow more of the existing trees
to be retained. Density that otherwise might be achievable along Hummingbird Lane would be
transferred to the multifamily buildings closer to Scott Boulevard.
Planned Development Overlay (OPD) Plan: To achieve the cluster plan the applicant is requesting
modifications of the zoning regulations to allow clustering of dwelling units into three multifamily
buildings on lots 1 and 2 as opposed to individual lots otherwise required in the RS-8 zone.
Four general standards must be met when the applicant requests waivers of underlying zoning and
subdivision regulations as discussed below:
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation and general layout.
In staff's opinion the proposal meets the standard pertaining to density. The proposed 54
units on 9.33 acres equals approximately 5.8 units per acre. Historically RS-8 zoned
subdivisions have developed at approximately 5.2 units per acre although some have
achieved 8 units per acre.
In staff's opinion the proposal is also compatible with the neighborhood in terms of land use.
The area to the east contains single family homes. The properties to the north contain a mix
of single family dwellings and multifamily buildings. The property to the south contains two
large multifamily buildings. The proposed larger single family lots on Hummingbird Lane and
the east side of Pine Grove Lane, are similar to the existing single family lots in the
neighborhood. The proposed multifamily buildings are similar to other apartment buildings
located along Scott Boulevard. This combination of units provides for clustering and the
preservation of approximately an acre of pine trees located on Outlot A. The larger single
family lots also provide room for new house construction while also preserving many of the
trees along the rear lots lines and along the west side of Hummingbird Lane.
The building mass and scale for the two 4-unit townhouse style apartment buildings appears
to be compatible with other development in the neighborhood. The buildings are only two
stories tall and are designed with a combination of building materials, porches and variations
in rooflines, making them to appear similar in scale to large single family houses.
The 36-unit building will be three floors of residential over a basement level parking garage.
Although large (280 feet long), the building is divided into bays and is articulated with
balconies, and changes to building materials. The building considerably exceeds the
minimum required setbacks from property lines (40' front setback required — 62' provided, 20'
rear setback required — 55' provided, 7' side setback required — 29' to 166' provided). The
additional setbacks and resulting open space should help the large building fit into the
neighborhood.
2. The development will not overburden existing streets and utilities.
Transportation Planners estimate that this proposed development will generate approximately
390 vehicle trips per day. Counts conducted by the Iowa DOT in 2014 indicate that Scott
Boulevard is currently operating well under capacity with an average daily traffic count of
approximately 9,000 vehicles. The Highway Capacity Manual indicates that the capacity of
an arterial street with similar characteristics to that of Scott Boulevard is approximately
19,200 vehicles per day. Similarly, 2014 DOT counts indicate that Lower West Branch
Road experiences an average daily traffic count of approximately 1,000 vehicles — well
under the stated Highway Capacity Manual capacity of 14,200 vehicles per day for this type
of roadway. While some of the traffic generated may choose to use Hummingbird Lane
for access, it is anticipated that a majority of the traffic will choose to access Scott
Boulevard via Lower West Branch Road.
Stormwater from the majority of the property will be directed to an existing basin located on
the adjacent lot to the south. The basin is sized for development on this property and an
easement grants drainage rights to this property. The lots along Hummingbird Lane drain
toward Lower West Branch Road and Hummingbird Lane. The applicant will need to
demonstrate to the City Engineer that the existing storm sewer in Hummingbird Lane and
Lower West Branch Road have the capacity for the additional runoff, or design the
development to provide additional stormwater detention.
Municipal water and sanitary sewer services are adequate to serve the proposed
development.
3. The development will not adversely affect views, light and air, property values and privacy
of neighboring properties any more than would a conventional development.
In staff's opinion the application meets this standard. The existing RS-5 and RS-8 zoning
on this property allows single family homes to be as tall as 35 feet. The applicant proposes
two 2-story townhouse style buildings that will be approximately 20 feet in height.
The 36-unit building will be approximately 35 feet tall. As noted above the building will be
setback considerably farther from the property lines than required by the RS-8 zone. The
proposed clustering of development will allow many of the trees on the property to be
preserved, and therefore should preserve the views of many of the existing dwellings in the
area.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in harmony
with the purposes of this Title, and with other building regulations of the City.
The applicant is proposing to cluster 44 units into attached dwellings rather than single
family houses. The clustering will allow preservation of woodland and groves of trees that
otherwise might be removed if a conventional single family subdivision were to be built on
this property. As discussed above the multifamily buildings are similar in scale to other
projects along Scott Boulevard and contain generous setbacks to provide a sense of open
space.
Environmentally Sensitive Areas: The proposed Lot 1 and Outlot A contain a pine -woodland.
The trees were planted in rows sometime after the mid-1970s by Louis Frank, the previous
property owner. Proposed lot 2 contains deciduous trees that may have also been planted by Mr.
Frank. Although these are not old growth trees they do constitute a woodland and the sensitive
areas provisions of the zoning code do apply.
The development has been designed to preserve approximately an acre of woodland on Outlot A,
which will be maintained by a homeowners' association as private open space for the use of the
residents of lots 1 and 2. Because of the density some of the pine trees may need to thinned to
provide adequate spacing for long-term survival. At the time of final plat approval the developer's
agreement will need to set forth the procedures to be followed for maintaining the open space
areas and for financing maintenance costs.
Groves of trees are located along the west side of Hummingbird Lane, the south property lines of
proposed lots 3 — 6, and along the rear lot lines of proposed lots 7 - 12. The eastern portion of the
subdivision has been designed with larger single family lots to allow many of these trees to be
preserved, although some will need to be removed to allow for Pine Grove Lane and driveways to
individual lots.
Subdivision design: The preliminary plat includes the construction of Pine Grove Lane, which
will connect Lower West Branch Road and Hummingbird Lane. Pine Grove Lane will provide
driveway access to all lots except 7, 8 and 9, which will have access to Hummingbird Lane. A
private drive from Pine Grove Lane will provide access to the multifamily buildings that front onto
Scott Boulevard and Pine Grove.
Neighborhood Open Space: A subdivision of this size requires the dedication of 15,280 square
feet of neighborhood open space or fees in lieu of. The Parks and Recreation Department has
determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will
be equivalent to the value of 15,280 square feet of property. This requirement will need to be
addressed in the legal papers for the final plat.
Infrastructure fees: A water main extension fee of $435 per acre applies to this subdivision. This
should be address in the legal papers at time of final plat approval.
Staff recommends that this application be deferred pending approval of a preliminary stormwater
management plan by the City Engineer. Upon approval of the stormwater management plan staff
recommends approval of REZ15-00023/SUB15-00031, a rezoning of 9.33 acres from Low Density
Single Family Residential (RS-5) and Medium Density Single -Family Residential (RS-8) to Planned
Development and Overlay Zone (OPD-8), and a Preliminary OPD Plan and Plat of Pine Grove, a
12-lot residential subdivision with 10 single family lots and 44 multi -family dwellings located south
of Lower West Branch Road between Scott Boulevard and Hummingbird Lane.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Plan
3. Elevations drawings
4. Correspondence
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
Cify of Iowa Cily
REZI S-00023
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Bob Miklo
From: Hamilton, Gregory E <gregory-hamilton@uiowa.edu>
Sent: Wednesday, December 30, 2015 10:52 AM
To: d.musser@mmsconsultants.net; Bob Miklo
Subject: Proposed subdivision at SE Corner of Lower West Branch Rd and Scott Blvd --comments on
"Pine Grove Ln" access to Hummingbird Ln
Duane and Bob,
Thank you for the presentation on Tuesday evening, December 29, regarding the proposed new subdivision at
the SE corner of Lower West Branch Rd and Scott Blvd. My comments are on the MMS drawing as of
12-29-15.
My main concern is with havine the newly created "Pine Grove Lane" intersect with Humminebird
Ln. The newly created intersection would be almost directly across the street from my single family home. We
have seven young children living at home, including one with special needs (Down Syndrome). There is a great
deal of walking traffic on Hummingbird Ln currently. Because it is a quiet street, there are a number of young
children on bicycles, young mothers with strollers, elderly individuals in wheelchairs from the nearby nursing
home, joggers, and dog walkers who seek this quiet stretch of road out for recreational purposes. Incidentally,
the proposed Hummingbird Ln and Pine Grove Lane intersection is exactly where a small herd of 8-12 deer
routinely cross the road (and live on the west side of Hummingbird Ln). Creating an intersection would
significantly increase the traffic count on the quiet road of Hummingbird Ln. In my view, this is unnecessary,
inconvenient for the new property owners, and potentially dangerous.
The new subdivision would consist of 54 additional households, each potentially with multiple vehicles (i.e. 10
single family lots, two separate four unit townhomes, and a 36 unit apartment building). This could add
significant additional traffic to Hummingbird Lane.
1. ALTERNATE PROPOSAL ONE —TURN PINE GROVE LANE INTO A CUL DE SAC WITH SOLE
ACCESS ON LOWER WEST BRANCH ROAD: Having "Pine Grove Lane" access the main, arterial road of
Lower West Branch Road to the north does make sense. Lower West Branch Road is a larger road that is
designed to handle the additional volume of traffic. In my view, the Lower West Branch access should be
sufficient. It could be possible to turn "Pine Grove Lane" into a cuI de sac by simply ending the proposed road
at the driveway access to single family lots 5 and 12. The road would then NOT continue between Lot 6 and
Lot 7. Lot 6 and Lot 7 could be joined by a common property line, and Lot 6 and Lot 7 could each have their
driveway access on Hummingbird Lane.
1,.
2. ALTERNATE PROPOSAL TWO —IF PINE GROVE LANE NEEDS TO ACCESS TWO ROADS, N
MAKE THEM THE MAIN ARTERIAL ROADS OF LOWER WEST BRANCH ROAD AND SCOTT
BLVD: If making Pine Grove Lane into a cul de sac is not acceptable for some reason, then in my view it
makes more sense to keep the access to Lower West Branch Rd and have the second intersection of Pine Grove
Lane be directly to Scott Blvd. This could have several benefits:
A. Access to Hummingbird Ln is not convenient for the property owners in the new subdivision. When cars
are "cutting through" Hummingbird Ln, they are often doing so at a high rate of speed, and it is foreseeable that
this would create a safety problem with increased traffic. Additionally, Hummingbird is not the most direct
route for the new property owners to get to any conceivable destination. Rather, it is an indirect detour to two
already dangerous intersections at (i) Scott Park Dr and Scott Park Blvd and (ii) Scott Park Dr and Court St.
i. One outlet for traffic southbound on Hummingbird Ln is at the
intersection of Scott Park Dr and Scott Park Blvd. Scott Park Blvd continues west and changes to
Washington St, so this is a busy and dangerous intersection. I am aware of several serious accidents at this
intersection, including one in which cars collided and one flipped over.
ii. Another outlet for traffic southbound on Hummingbird Ln is at the
intersection of Scott Park Dr and Court St. This is also a dangerous intersection —in this case because of the
grading. There is the peak of a hill on Court St just to the East of this intersection, which makes for a blind
spot. West bound traffic on Court St tends to travel at a high rate of speed and cannot see this intersection, or
be seen by traffic at Scott Park Dr until both drivers are almost on top of each other. It does not make sense to
route more traffic through this dangerous blind spot. It makes more sense to route the new subdivision directly
onto Scott Park Blvd where they could safely access Court St at the traffic light.
B. At the 12-29-15 meeting, numerous neighbors noted that the existing intersection at Lower West Branch
Rd and Scott Blvd is often highly congested (particularly with traffic from St. Patrick's Church and other new
east side subdivisions). This congestion makes this intersection potentially dangerous, particularly since there is
no traffic light. A 54 household subdivision could potentially justify its own, separate access directly to Scott
Blvd to keep from adding to this traffic congestion.
I plan to attend the January 7 meeting at City Hall and would be interested in discussing this issue.
Respectfully,
Greg Hamilton, JD
260 Hummingbird Ln
Iowa City, IA 52245
319-335-8623 daytime (work)
gregory-hamilton(a uiowa.edu
Bob Miklo
From: mmmitros@mchsi.com
Sent: Thursday, December 31, 2015 9:30 AM
To: Plan ningZoningPublic
Cc: Bob Miklo
Subject: rezoning proposal at Scott Blvd. and Lower West Branch Rd
Dear Members of the Planning and Zoning Committee,
I am writing to let you know of my concerns about the proposed development plan you will review for the property at
the corner of Lower West Branch Road and Scott Blvd. Please look at it very carefully and take the time it requires to
make a decision that considers the crucial safety issues as well as the beauty of this wooded property.
First, safety. Hummingbird lane is a short residential street that exits to the south onto a curved street(Scott Park
Blvd.) that also involves a hill on the curve to the west and two driveways that are the only exits for an apartment/condo
complex as well as the senior living complex. It is not designed to carry more than the usual narrow street traffic of a
neighborhood street two blocks long. When Hummingbird Lane became a city street it was designed with the plan to
keep the traffic pattern low in response to the concerns voiced by the residents at that time. If this proposal is carried
out it will negate the low traffic plan/need for this area. As you can see, the current proposal is a very complex issue for
those of us who currently live on the lane as well as those who will buy property in the new development. Please look
for an alternate exit for the traffic from the four-plexes and the apartments as well as the single family homes that do
not face Hummingbird Lane.
A second safety concern is for the added traffic at the corner of Lower West Branch Road and Scott Blvd. that will
result from this development. Considering the traffic pattern there that already exists, I believe a light is needed for
safety when this added traffic from this property development becomes a reality. Could an exit onto Scott Blvd be a
benefit? Please consider that.
Second, the beauty of this wooded property. The owner of this land planted the trees in a specific design to add to
the beauty of the neighborhood and to benefit the drainage pattern in the southern part of his property. If you drive
down Hummingbird Lane in the Spring and Fall you will see the mix of colors he planned that are truly breath taking. At
the meeting on Tuesday of this week it was mentioned that saving as many trees as possible would be a part of the plan.
Please check to see if this is accurate. It was also mentioned that there would be a "condition of approval' clause as
part of the purchase agreement for the single family lots stating(I think) that the homes be built without destroying
trees and that as few trees as possible be destroyed for the driveways. At the meeting next week, could you please
clarify this if I do not have it stated correctly? Saving as much of the wooded aspect of this property for the positive
environmental aspect is important for our community.
This proposal came to those of us who live in the neighborhood at a very busy time of year. I feel we got short notice
for the meeting this week so that some who may have wanted to attend could not change plans to do so. Also, a few of
our neighbors are out of town. Please do not rush a decision. I hope to be able to contact all of our neighbors on
Hummingbird Lane before the meeting next week so that they can participate.
Thank you for your attention to my concerns. i look forward to discussing them with you on Jan. 7th.
Sincerely,
Monica Maloney-Mitros
290 Hummingbird Lane
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Martina Wolf, Planning Intern
Item: VAC15-00008 Date: January 7, 2016
Herbert Hoover Highway
GENERAL INFORMATION:
Applicant: CBD, LLC
414 E. Market Street
Iowa City, IA 52240
(319) 631-1867
Contact Person: Duane Musser
1917 S. Gilbert Street
Iowa City, IA 52240
(319) 351-8282
Requested Action: Vacate a 15' wide portion of Herbert Hoover Highway SE
ROW
Purpose: To allow land to be added to adjacent residential lots
Location: Herbert Hoover Highway adjacent to Hanks Drive and
Thunder Gulch Road in Churhill Meadows — Part One
Size: 12,884 square feet (.29 acre)
Existing Land Use and Zoning: Public ROW
Surrounding Land Use and Zoning: North: Residential and agricultural --County Residential (R)
South: Churchill Meadows (RM-12 and RS-5)
East: Residential and agricultural —County Residential (R
West: Churchill Meadows (RM-12)
Comprehensive Plan: Iowa City 2030 and Northeast District Plan
File Date: December 4, 2015
BACKGROUND INFORMATION:
The applicant, CBD, LLC, is requesting vacation of a portion of Herbert Hoover Highway right-of-way
adjacent to Churchill Meadows — Part One. The vacation is requested to allow the applicant to combine the
15 feet of excess right-of-way with the adjacent residential lots.
Typical arterial street right-of-ways are 100 feet. The right-of-way of Herbert Hoover Highway in this area
ranges from 135 feet to 160 feet wide. Vacating the requested 15 foot wide portion will leave sufficient
right-of-way for public purposed and will also make the width more consistent with adjacent areas.
2
ANALYSIS:
The following factors are to be considered in evaluating a vacation request:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property;
f) Any other relevant factors pertaining to the specific requested vacation.
a) Vehicular and pedestrian circulation and access to private property:
Vacating this portion of right-of-way along Herbert Hoover Highway will not impede access to private
property. Sufficient street right-of-way will remain.
b) Emergency and utility and service access:
Emergency, utility, and service access to surrounding property will not be impacted by the vacation.
c) Impact on access of adjacent private properties
Adjacent private properties will not be affected by this vacation as sufficient right-of-way will remain.
d) Desirability of right of way for access or circulation needs
This portion of right-of-way along Herbert Hoover Highway is not utilized for access or circulation.
e) Location of utilities and other easements or restrictions on the property
Letters were sent to MidAmerican, Centurylink, and Mediacom to see if utilities are present along this
portion of the right-of-way of Herbert Hoover Highway. If any utilities are present easements will need
to be retained.
f) Any other relevant factors pertaining to the specific requested vacation
There do not appear to be other factors that warrant the retention of this portion of this right of way.
STAFF RECOMMENDATION: Staff recommends approval of VAC15-00008, a vacation of
approximately 12,884 square feet of Herbert Hoover Highway right-of-way.
ATTACHMENT:
Right-of-way vacation plat
Approved by: 7 -4 / 'ff—
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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MINUTES
PLANNING AND ZONING COMMISSION
DECEMBER 3, 2015 — 7:00 PM —FORMAL
IOWA CITY PUBLIC LIBRARY, MEETING ROOM A
PRELIMINARY
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe
Martin, Max Parsons, Jodie Theobald
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Karen Howard, Bob Miklo
OTHERS PRESENT: Dave Zahradnik, Ginalie Swain, Adam Ingersoll, Tim Adamson
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Eastham dissenting) the Commission recommends approval of REZ15-00022, an
application to rezone .98 acres of land located south of Iowa Avenue between Gilbert and Van
Buren Streets from P-1 to CB-5 subject to the general conformance with massing and scale shown
on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being
rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property
currently being rezoned.
By a vote of 7-0 the Commission recommends approval of amending Title 14 zoning as indicated
in the Staff Report with changing the border of the area from the alley south of Jefferson Street to
Burlington Street bounded by Gilbert and Van Buren Streets.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
REZONING ITEM (REZ15-00022):
Discussion of an application submitted by Allen Homes, Inc. for a rezoning from Public (P-1)
zone to Central Business Support (CB-5) zone for approximately .98 acres of property located
south of Iowa Avenue between Gilbert Street and Van Buren Street.
Miklo began the staff report showing a location map of the property and the recent amendment to
the Comprehensive Plan that was adopted by the Council. The proposal is to rezone this property
from Public to Central Business Support (CB-5) zone, which is the zoning that several properties to
the north and east are as well as other the property on this particular block. This zone is intended
to allow the orderly expansion from Downtown (CB-10 zone) at a less intense scale, therefore the
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 2 of 10
density and height of development that is possible is less than the immediate downtown to provide
a transition to adjacent areas.
Miklo noted the Comprehensive Plan for the area does show the possibility of changing this
property from Public to CB-5 and has some guidelines on how development of this property could
best fit into the neighborhood. The Plan shows the possibility of two to four story buildings on Iowa
Avenue and Van Buren Street with the possibility of taller development of four to six stories in the
center of the block and preservation of the historic Unitarian Church on the corner of Iowa Avenue
and Gilbert Street.
The rezoning is necessary to allow the City to transfer development rights of this property to a
private entity and that is why Allen Homes has applied for the rezoning. If the rezoning is
approved, there are several other steps that need to be accomplished in order for this proposed
development to occur. The City would need to negotiate transfer or ownership of the property, it is
possible that portions would be owned by the developer and portions would be retained by the
City. All details will need to be worked out with the City Council before development would occur.
Miklo noted a significant aspect of this application is the preservation of the Unitarian Church
building. That is one of the goals supported by the Comprehensive Plan and this zoning is seen as
a tool to help accomplish that.
Another aspect of the application is replacing the city parking that would be built upon, currently the
City has about 100 parking spaces on this property, most used by City vehicles such as police and
fire and some for employee parking. If this proposal was approved it would include a four -level
parking structure which would replace the parking that is currently there plus provide parking for
the proposed residential units.
The project would also include the expansion of the fire station and would allow the development of
drive-thru bays so fire trucks could enter off Van Buren Street and exit onto Gilbert Street, rather
than having to back into the station from Gilbert Street. Miklo stated that much of this property is in
the five hundred year flood plain from Ralston Creek so the residential aspect will be elevated
above the flood plain.
Staff recommends approval of REZ15-00022, an application to rezone .98 acres of land located
south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB-5 subject to the
general conformance with massing and scale shown on the concept plan and the Unitarian Church
Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to
issuance of a building permitforthe property currently being rezoned.
Hensch asked for more information about the designation of the historic lanomarK. Miklo said
landmark designation is a form of zoning, it would first need to be reviewed by the Historic
Preservation, to determine the property does meet the criteria for landmark status, it is then sent to
the Planning and Zoning Commission to determine if the designation would meet the
Comprehensive Plan and then finally the City Council makes the designation. The City Council
can make a property a landmark over a property owner's objection provided there are six out of
seven Council members in favor. If the property owner does not object it only takes a simple
majority of four members.
Freerks asked how the parking structure would be regulated. Miklo said that is a detail that has not
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 3 of 10
been worked out, but they don't anticipate the parking spaces would be rented by the applicant to
individuals outside the City organization. The spaces would primarily be for the City's needs and
the residents of the building. Howard added there is no "near downtown" parking requirements
anymore, which was eliminated when Riverfront Crossings was created. However, this parking
structure proposal is not intended to be a municipal parking structure in that the public can park
there, this is to fulfill the requirement for residential parking. She noted commercial parking spaces
are not allowed except when owned by the City. So a private developer cannot build a parking
structure and rent out spaces to the public. All parking spaces for this development will be for the
use of City vehicles and residents of the building. Hektoen noted there is precedent for this type of
parking structure in the redevelopment of the former Sabin site.
Eastham noted that the Unitarian Church used the current City surface parking lot spaces on
nights and weekends. Miklo said the Church is no longer in that building, so that building use will
change, likely to a commercial use and parking is not required for commercial uses in the
downtown area. Hektoen noted that level of detail will not be completed until the development
agreement is completed. Miklo said that in terms of the number of parking spaces available, there
will be the number of spaces the City currently has and additional spaces as required by the zoning
code for the number of residential units that will be in this development. There may be few extra
spaces, but the exact number is not known at this point. It has not been determined who will own
the parking spaces, it may be the City and not the private developer.
Freerks asked about the balconies and that in the schematic drawing it appears that the balconies
will "bump out" and she thought all balconies must be recessed inward. Hektoen said they cannot
intrude into the right-of-way. Howard said they can extend out from the building wall as long as
they do not extend over or within a certain distance of the property line per the zoning code. Miklo
noted the drawings are just conceptual at this point.
Freerks commented on some questions she has for the applicant with the conceptual plan only
having 6000 square feet of office space. The Commission hears often hears about the need for
office space, so was curious why more wasn't included in this project. Additionally she noted that
the zoning code would need to be amended prior to any of this project moving forward. Miklo
agreed stating that the CB-5 code would require that on the first floor on Iowa Avenue and Van
Buren Street be commercial, so an amendment would be necessary to allow residential. Hektoen
noted that amendment does not need to be done first, the proposal tonight is for the change in
zoning from P-1 to CB-5. After it is CB-5 it can then be amended to allow residential on the first
floor. Miklo anticipates both recommendations would go to Council at the same time.
Eastham asked if the Commission can make a recommendation that this application not be
approved until the accompanying amendment is also approved. Hektoen noted the
recommendation on the change is zoning is not contingent on the conformation of residential on
the first floor.
Martin asked about the office space in the conceptual plan, noting she sees 12,000 square feet of
office space over two floors. Miklo agreed, noting it was an error in the Staff report to state there
was only 6,000 square feet of office space.
Parsons asked what the square footage of the church that was being preserved, as that would be
potential commercial space. Miklo would look into that and report the answer to that question.
Planning and Zoning Commission
December 3, 2015—Formal Meeting
Page 4 of 10
Eastham noted he had some questions on the site design on this location. I he site plan shows
building setbacks along Iowa Avenue and Van Buren Street that are small, and the rendering
drawings show a larger setback, so is unsure which is correct and he should consider in this
evening's proposal. Miklo said the Commission is being asked to consider the concept of the site
plan, the conceptual drawing is not to scale. Howard noted that the sidewalks are not always up to
the property line in the right-of-way. Eastham asked then if he would prefer a greater setback on
both Iowa Avenue and Van Buren Street what are his options. Miklo said he could make a motion
to add that as a condition, with the setback specified, however staff would be concerned due to the
need for adequate driveway width and parking. Additionally it could result in very shallow living
units in the residential portion of the building. He added that in the CB-5 zoning code the setback
is 0-12 feet.
Parsons asked if the setback on this proposal was similar to the other houses and properties on
Iowa Avenue. Eastham said no, this proposals was closer to the sidewalk and street than other
properties along Iowa Avenue.
Miklo noted the Unitarian Church building is approximately 6000 square feet
Freerks opened the public hearing.
Dave Zahradnik (Neumann Monson Architects) discussed the project in more detail. They began
working with the Unitarian Church even prior to Allen Homes getting involved in the project and
been through a number of ideas, proposals, and options for this site. The church needed to move
off the site, to a location that met their needs better. Allen Homes entered the picture and looked
at many scenarios for the area, including what if the church was torn down or what could be done
to preserve the church building. After discussion with the City and reviewing their uses and needs
for the land, it appeared there could be some project that would be a win -win for all involved
entities. In looking at this site, they followed the lead of another project in town, the Sabin
Townhome site, and looked at appropriate transition options for this site. CB-5 zoning allows for
75 feet in height, but there have been so many height issues in discussion lately so in an effort to
fit nicely into the neighborhood they came up with the concept of the townhomes that gives more of
a residential feel at the street front and respects the nature of the neighborhood. It would be a
good transition from the single family residential neighborhood into the downtown neighborhood.
Zahradnik noted their plans are to stay within all the CB-5 zoning requirements for the tall portion
of this building. There are two-story townhomes (stacked on top of each other so four stories total)
that are at ground level, although higher than existing grade due to the flood plain, so there is a
"front stoop" appearance to the townhomes. There will be parking supplied for the tenants of the
townhomes in the adjacent parking structure, the parking levels will be at the level of the
townhomes, so residents will be able to park at their backdoors and walk directly into their
townhomes which makes it a very friendly parking situation for the tenants. Additionally after
discussions with City Staff, they were able to accommodate the need of the fire department with
the drive-thru bays. They are also working with the fire department on redesigning their space and
allowing for better connectivity with City Hall and also for their bunks to be more accessible to the
bays for better response time.
Martin asked for clarification on the parking going right to the backdoors of the townhomes and the
safety of walking out the backdoor of a townhome and being immediately in a parking structure.
Zahradnik said the backdoors will have security units on them and with the City also using the
parking structure there will be police cars and other City fleet vehicles in the structure.
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 5 of 10
Dyer asked about the concern of air pollution from the parking structure into the homes. Zahradnik
said 45% of the ramp is open so there is enough air circulation so they will not need mechanical
ventilation in the ramp.
Martin asked about the elevation of the first floor townhome and if that is raised above the flood
plain, what is below that? Zahradnik replied that nothing is below, no basements.
Theobald asked about the fire trucks and the residents vehicles using the same entrance and
Zahradnik said that is correct. In the parking structure cars will go up a speed ramp to the level of
the second set of townhomes (so level 3). On that level is also about 6,000 square feet of office
space. There is also 6,000 square feet of office space on the next level as well (level 4). There
will be elevators and stair corridors for every level. After the four levels of townhomes, there is
then above the parking structure three levels of residential studio, one, two and three bedroom
units. They are looking at affordable housing opportunities for this area where 15% of the units
would have to be part of that.
Zahradnik said there would be an area between the church and the building for a pedestrian plaza
area as well as the ability to add in some ADA accessible entrances and restrooms in the church
building. They are unsure what the church building will be transformed into, but are thinking
perhaps a restaurant or office. They are also looking at materials to use on the townhomes and
feel it is appropriate to use masonry due to all the other brick work along Iowa Avenue. They
would likely use a mix of brick tones to give individual identity to the townhomes. Freerks stated her
appreciation of having the mixed color of bricks on the townhomes.
Dyer asked what the materials for the three levels of residential above the parking structure would
be. Zahradnik said they have looked at a couple different options and are thinking terra cotta
panels of a different color than what is below or perhaps an architectural metal, but something that
will be contrasting and set that area off from the levels below. He said the lighter colors may
appear to recede. But colors are just conceptual at this point. Dyer felt that the lighter color of the
upper floors made them stand out and that she would like to see that works better with the
townhouses.
Dyer stated that since the townhomes would be two stories they would not be accessible
Zahradnik confirmed that was correct, but all the units on the upper three floors would be
accessible.
Freerks asked if there were plans to rent individual parking spaces in the structure to the public.
Zahradnik said they are predicting about 200 spaces and the need for their units and what the City
currently utilizes would be about 180. The extra 20 spaces might be utilized by the office spaces.
The issue of who owns the ramp and the spaces and who is renting from whom will have to be
worked out in the developer's agreement.
Dyer asked for clarification on accessibility to the three levels of residential units from the parking
structure. Zahradnik stated there were two elevator and stairwells from each level of the parking
structure that would go to the residential units.
Ginalie Swain (1024 Woodlawn) Chair of the Historic Preservation commission noted the
Commission has not reviewed this proposal so she is not speaking on behalf of the Historic
Preservation Commission, but wanted to state the Commission has been greatly concerned about
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 6 of 10
preserving the Unitarian Church building and in March to convey that concern the Commission
sent a memo to the City Council, building owner, and City Manager that all efforts be explored to
save the church and use zoning bonuses and incentives as ways to do so. Swain noted her
excitement to see this proposal saves the church building and honors its importance.
Adam Ingersoll (10 S. Iowa Ave) is a member of the Unitarian Church and is thrilled and relieved
that this proposal is moving forward. It was two years ago as a group the church made a difficult
decision that they could not afford to expand and create an accessible facility that they needed at
their current location. They have met with dozens of developers but none were as serious and
creative as this current one in saving the church building. There was a fear they would have to sell
to a developer that would level the church building and put up instead student housing at the
highest density they could. This proposal from Allen Homes is a saving grace and is in the best
interest of the entire community.
Tim Adamson (28 Highland Drive) was on the facilities committee at the Unitarian Church for a few
years and wanted to echo Ingersoll's comments and praise the developer and their team who have
been absolutely sterling in their relationship with the Church. They were able to work with the City
to meet the needs of the City and the development of the property. This has been a complicated
and long process and this is such an amazing solution. It can be a real jewel for downtown and a
great model for process.
Freerks closed the public hearing.
Hensch moved to approve REZ15-00022, an application to rezone .98 acres of land located
south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB-5 subject to
the general conformance with massing and scale shown on the concept plan and the
Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City
Historic Landmark prior to issuance of a building permit for the property currently being
rezoned.
Parsons seconded the motion.
Parsons noted that this proposal benefits the City and the church, as well as the developer so
everyone wins. The concept is unique enough that it will succeed and be a benefit to the area.
Hensch agreed and stated this is a very innovative and creative solution, a good application of
public and private partnership, and including historic preservation. It is a dramatic improvement of
the use of the property from a surface parking lot. Hensch also noted the conversation regarding
the setbacks and he feels the building should be up as close to the property line as possible so
there is a better transition from downtown to the residential area. If the building is set back you are
losing that transition and square footage of the building.
Martin agreed, stating approval of the concept and the public hearing confirmed the approval of
this concept.
Eastham stated this proposal has a number of attractive features except for the appearance of the
building with relation to the street and sidewalk on both Iowa Avenue and Van Buren Street. He
noted there have been several proposals in the past where the Commission has approved
buildings in some cases where they have required greater setback, and more design detail
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 7 of 10
between the space between the building, the sioewalK and the street. Eastham noted the building
on Washington Street that is zoned CB-5 and did not have any design review, and how that
building has become problematic with its appearance from the street and it's acceptance from the
neighborhoods surrounding. He feels the setbacks are critical, especially on the north side as this
will be a fairly large building and the transition aspect goes the other way for him in terms of setting
back the building to reflect the residential area of Iowa Avenue more. He feels the buildings in
town that are set back from the street with nice landscaping are more successful and actually quite
pleasant from a pedestrian viewpoint. Eastham would like to see more detail on the streetscape
from the developer before sending this onto Council.
Freerks agrees with Eastham when it comes to transitioning and feels green space, even a small
bit, can do a lot to soften the transition from residential to downtown. She does agree this is a
good project for the community and wants to see it succeed.
Hensch stated that he likes the idea of the townhomes having a brownstone walk-up feel.
Theobald noted she likes how this proposal incorporates the church property and does feel it will
be a good transition from downtown to residential but to add additional landscaping, greenspace,
and trees is always a plus to give the building a neighborhood look.
Dyer stated she feels this proposal is a nice solution but is concerned that is will be a whole block
building that is not accessible on the street level. She feels it is vitally important that the access to
the apartments be really visible because if it is not people won't visit. If the building is not
accessible or welcoming to visitors it will not be as successful.
Eastham wants Council to be aware that he believes the amendment to the zoning code should
precede the rezoning of this parcel. He stated he will vote no on this recommendation because he
feels the Council needs to know about this discussion.
A vote was taken and the motion carried 6-1 (Eastham dissenting).
CODE AMENDMENT ITEM:
Discussion of amendments to Title 14, Zoning Code, to allow residential uses on the ground level
floor in CB-2 and CB-5 Zones located south of Jefferson Street and west of Van Buren Street,
provided certain form -based zoning standards are met to ensure a high quality living environment
Howard showed a zoning map of the area and the area is primarily CB-2 and CB-5 zoned.
Everything south of Burlington Street that was CB-5 has been rezoned to Riverfront Crossings.
Howard acknowledged that the Commission has held a number of Comprehensive Plan
amendment discussions and the area between Gilbert Street and Van Buren Streets was added to
the Downtown District and is largely civic uses with some opportunities for public -private
partnerships to encourage development on vacant lots and underutilized surface parking areas that
will achieve public goals, which could include preservation of a historic church, construction of
public parking facilities, creation of affordable housing, and encouraging commercial and
recreational uses that will serve a growing residential population in and near downtown Iowa City.
When updating the Comprehensive Plan for areas east of Gilbert Street in the downtown area, the
Planning and Zoning Commission
December 3, 2015— Formal Meeting
Page 8 of 10
Commission discussed allowing residential building types on lots with Central Business zoning
rather than strictly requiring ground floor commercial in every building. In other words, allowing the
market to determine where commercial space would be most successful and allowing appropriately
scaled residential buildings to be mixed in with small retail storefronts as the area transitions to the
lower -scale residential neighborhoods to the east. This is similar to the flexibility built into the form -
based zoning code for the Riverfront Crossings District. Staff is exploring development of a new
form -based zoning district for the areas currently zoned CB-2 and CB-5 located south of Jefferson
Street between Van Buren and Johnson Streets. This area was added to the Central Planning
District as a part of the Comprehensive Planning effort recently completed. Staff is currently
drafting language for this new district, which will be submitted to the Commission for review in
December or early January.
The zoning code amendments will allow residential building types on properties zoned CB-5 in
areas south of Jefferson Street between Gilbert and Van Buren Streets, provided that the
standards that apply in the South Gilbert Subdistrict of Riverfront Crossings are met. The South
Gilbert District has a maximum 6-story building height, with a required 10-foot facade stepback
above the 4th story, and building and parking placement standards similar to what is allowed in the
CB-5 Zone. However, it also allows a number of residential building types not allow in the CB-5
Zone, including multi -dwelling buildings, liner buildings, and townhouses. Frontage standards
appropriate to the building type would apply as well as the building design standards, open space
requirements, and building materials standards. Similar to the Riverfront Crossings District, to
ensure that different building types will fit and function well in this urban context, Design Review
will be required.
Freerks stated her strong opposition with including up to Jefferson Street in this amendment stating
there is no reason to include that area and cut a street in half where there are existing homes
knowing a developer would come in and remove the homes and build a CB-5 building. She feels
the area of for this amendment needs to be specified in detail so it is clear what the Commission
agrees to.
Martin noted that she is no longer on the UAY Board, so she no longer has to recuse herself from
these discussions.
Eastham asked about townhouses, in the South Gilbert Subdistrict townhomes are not allowed but
they are being proposed in this area. Howard explained that in this area townhomes are a
desirable transition from the east to downtown. She noted the concept plan just reviewed
technically shows a liner building even though the form is very similar to a townhouse.
Freerks opened the public hearing
Seeing no one, Freerks closed the public hearing.
Theobald moved to approve recommending amending Title 14 zoning as indicated in the
Staff Report with changing the border of the area from the alley south of Jefferson Street to
Burlington Street bounded by Gilbert and Van Buren Streets.
Parsons seconded the motion.
Hensch asked if the main function of this amendment is to allow developers to not have to have
Planning and Zoning Commission
December 3, 2015 — Formal Meeting
Page 9 of 10
commercial on the first floor/street level and can substitute that with residential units. Freerks
confirmed that was correct in the CB-5 zones only.
Howard noted that in paragraph #3 of the staff report it states that if a developer is mixing the uses
of a building they must follow the Riverfront Crossings Standards. It is for clarification purposes.
Freerks noted this amendment allows for more possibilities.
Hensch agreed stating anything that expands the residential types and allows more mixes of
people to live closer to downtown is a positive.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: NOVEMBER 19, 2015
Martin moved to approve the meeting minutes of November 19, 2015 with corrections.
Dyer seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Theobald asked if they could be updated at some point of what is happening in the
Riverfront Crossings area that does not come through the Commission.
ADJOURNMENT:
Martin moved to adjourn
Parsons seconded.
A vote was taken and motion carried 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2014 - 2015
FORMAL MEETING
1115
2/5
2/19
3119
4/2
4/16
517
6121
6/4
712
7116
816
8/20
9/3
9117
1011
10115
11/5
11119
12/3
DYER, CAROLYN
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
EASTHAM, CHARLIE
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
X
FREERKS, ANN
X
X
X
X
X
X
X
X
X
X
O/E
_X
X
X
X
X
X
X
O/E
X
X
HENSCH, MIKE
—
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
O/E
O/E
X
O/E
X
X
PARSONS, MAX
—
X
X
X
X
X
X
X
X
X
X
X
X
O/E
X
SWYGARD,PAULA
X
X
X—
THEOBALD, JODIE
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
THOMAS,JOHN
X
X
X
X
X
X
—
—
—
—
INFORMAL MEETING
NAME
TERM
EXPIRES
213
3/15
5/18
DYER, CAROLYN—
05/16
X
X
X
EASTHAM, CHARLIE
05/16
X
X
X
FREERKS, ANN
05/18
X
X
X
HENSCH, MIKE
05/19
-
-
X
MARTIN, PHOEBE
05/17
X
X
X
PARSONS, MAX
05/19
--
--
X_
SWYGARD, PAULA
05/15
X
X
-
THEOBALD, JODIE
05/18
X
X
X
THOMAS, JOHN
05/15
X
X
-
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member