HomeMy WebLinkAbout07-19-2012 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Thursday, July 19, 2012 - 7:00 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat 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 Items
1. REZ12-00011: Discussion of an application submitted by Southgate Development Services for a
rezoning from Interim Development Office Research Park (ID-ORP) zone to Low Density
Multifamily (RM12) zone for approximately 27.68 acres of property located at Camp Cardinal
Boulevard, south of Preston Lane. (Applicant has requested deferral to August 2.)
2. REZ12-00012: Discussion of an application submitted by Southgate Development Services for a
rezoning from Interim Development Multifamily (ID-RM) zone to Low Density Multifamily (RM12)
zone for approximately 13.90-acres of property located at S. Gilbert Street and McCollister
Boulevard. (Applicant has requested deferral to August 2.)
3. REZ12-00013: Discussion of an application submitted by the City of Iowa City for a rezoning
from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone for
approximately 3.5 acres of property located south of Highway 1, west of Shriken Drive. (521 and
531 Highway 1 West & 1119 Shriken Drive)
E. Code Amendment Item
Discussion of an amendment to Title 14, Zoning Code, to define payday lending uses and regulate them
as provisional uses in the Community Commercial (CC-2) zone.
F. Consideration of Meeting Minutes: June 4 & June 7, 2012 and June 18 &
June 21, 2012
G. Other
H. Adjournment
To: Planning & Zoning Commission
Item: REZ12-00013
GENERAL INFORMATION:
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: July 19, 2012
City initiative
Rezoning from CI-1 to CI-2
To bring current uses into conformance with
zoning.
South of Highway 1 and west of Shirken Drive (521
and 531 Highway 1 West, and 1119 Shirken Drive)
Approximately 3.5 acres
Restaurant, quick vehicle servicing and general
office uses
North: Community Commercial (CC-2)
South: Intensive Commercial (CI-1)
East: Community Commercial (CC-2)
West: Intensive Commercial (CI-1)
South Central Planning District: Community
Commercial (CC-2)
The City proposes rezoning approximately 3.5 acres of land, located south of Highway 1 West,
and west of Shirken Drive, from Intensive Commercial (CI-1) zoning to Community Commercial
(CC-2) zoning. The proposal would rezone the lots at 521 and 531 Highway 1 West, and 1119
Shirken Drive.
The City is initiating this rezoning to bring the restaurants located within the area into conformance
with the current zoning code and to bring the zoning into conformance with the Comprehensive
Plan. When the new zoning code was adopted in 2005, restaurants were removed as an allowed
use from CI-1 zoning. As a result, the Godfather's Pizza restaurant is considered a non-
conforming use. At the time the code was being rewritten, the City was interested in returning the
CI-1 zoning to its original intent, which was to provide locations for land -consumptive and quasi -
industrial commercial uses and only a few restaurants were located within CI-1 zones.
ANALYSIS:
Current and proposed zoning
CI-1 zoning provides areas for light industrial uses —businesses with operations typically
characterized by outdoor storage and display of merchandise, by repair and sales of large
equipment or motor vehicles. The types of retail uses allowed in this zone are limited in order to
provide opportunities for more land intensive commercial uses. Typical uses found in the CI-1
zone include vehicle -sales lots, mechanics, auto body repair and paint shops, warehousing and
contractor's yards.
The proposed CC-2 zoning is more retail -oriented and allows most retail -type stores, restaurants
and services such as hair salons, dry cleaners and banks.
The required building setbacks, height limits and parking requirements are generally the same for
both zones. The only difference: CC-2 zoning requires a minimum front setback of 5 feet and CI-1
zoning a front setback of 10 feet; CC-2 zoning allows a floor area ratio of 2 while CI-1 zoning
allows a FAR of 1.
Comprehensive Plan
The South Central District Plan future land -use map shows the area along the south side of
Highway 1, from Riverside Drive to the west edge of the lot at 809 Highway 1, as appropriate for
retail or community commercial uses. Currently this area is a mix of CI-1 zoning and CC-2
zoning.
The South Central District Plan delineates subarea B as land adjacent to the south side of
Highway 1 West and both sides of Ruppert Road from Riverside Drive to just beyond Highway
218 at the edge of the South Central Planning District. The Plan states that land available in the
western reaches of subarea B, with fairly direct access to Highway 1 and near Highway 218,
provides opportunities for large -lot development. These large properties would be suitable for
intensive -commercial uses with extensive outdoor -storage needs. As the retail area in the
eastern part of this subarea (including the area of the proposed rezoning) is upgraded,
encouraging intensive commercial businesses located on or east of the Westport Plaza property
to re -locate to CI-1 zones to the south or west could result in a more compatible mix of traffic
and commercial shops, offices, restaurants and residential uses in the area.
Compatibility with neighborhood
CC-2 zoning is located on both sides of Highway 1 West between the intersection with Riverside
Drive and Hudson Avenue-Shirken Drive. CC-2 zoning also exists along the north side of
Highway 1 West between Miller Avenue and Hawk Ridge Road. After a stretch of about 1,000
feet of CI-1 zoning to the west of the western edge of the area of the proposed rezoning, there
is a 7.17-acre lot at 809 Highway 1 West that is also zoned CC-2.
The land uses along Highway 1 West between Miller Avenue and Shirken Drive contain uses
that are appropriate in the CC-2 zone. The current uses —a coffee and yogurt shop at 521
Highway 1 West and Godfather's Pizza at 531 Highway 1 West —are non -conforming in the CI-1
zoning, but are permitted in the CC-2 zoning. CC-2 and CI-1 zoning provisionally allow quick
vehicle servicing uses, which is the classification of the gas station and convenience store at
521 Highway 1 West (which occupies the western front of the building, while the yogurt and
coffee shop occupies the eastern frontage)
The office space located at 1119 Shirken Drive would be unaffected by the rezoning, as both
CC-2 and CI-1 zoning permits general office use. The office space provides a buffer between
the restaurant uses adjacent to the north of the office space and the masonry business, and
industrial service use, which is adjacent to the south of the office space.
Traffic Implications
This is an area of high -traffic volume. The purpose of the CC-2 zone is to provide for major
business districts to serve a significant segment of the total population. In addition to a variety of
retail goods and services, these centers typically feature a number of large traffic generators
requiring access from major thoroughfares.
The uses at the properties in the area of the proposed rezoning would not change, at least not
immediately, due to the rezoning. The presence of CC-2 zoning to the east and west means the
area already attracts traffic from a large part of the community, and therefore would not likely
adversely affect the surrounding areas. A traffic signal at the intersection of Highway 1 West,
Miller Avenue and Shirken Drive provide good access to the area of the proposed rezoning.
STAFF RECOMMENDATION
Staff recommends approval of REZ12-00013, rezoning approximately 3.5 acres of land, located
along the south side of Highway 1 West, west of Shirken Drive (the lots on 521 and 531 Highway
1 West, and 1119 Shirken Drive), from CI-1 (intensive commercial) to CC-2 (community
commercial).
ATTACHMENTS:
Location Map
Approved by: r i
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: July 19, 2012
To: Planning and Zoning Commission
From: Andrew Bassman, Planning Intern
RE: Payday lending
Introduction
City Council requested that staff study the possibility of using zoning powers to
regulate payday lending. Council's request was based on concerns raised by Iowa
Citizens for Community Improvement. Staff studied how payday lending works, the
situation in Iowa City and zoning ordinances adopted in other cities in Iowa.
Background
The inability of low-income consumers with poor credit history to access certain
services from federally -insured banks has resulted in a two -tiered financial services
industry. Such consumers rely on the alternative financial services industry, like
payday lenders, for loans. Policy choices vary according to whether payday loans
are viewed as a tolerable, high -cost form of emergency short-term credit, or as a
predatory loan with triple -digit annual interest rates.
Payday loans can trap consumers in repeat borrowing cycles due to the high cost of
borrowing, short repayment term, and consequences of failing to make good on the
check used to secure the loan. Iowa law has banned rollovers (rather than repay the
loan on the due date, extending the loan term for an additional fee), set the
maximum loan amount at $500, loan term at 31 days, and the fee or interest cap at
$15 for the first $100 borrowed and $10 for each $100 thereafter. The annual
percentage rate for a two -week, $250 loan based on the maximum fee is 358%.
Demand for payday loans comes from households with poor credit history, but also
with checking accounts, steady employment and annual income below $50,000,
according to an article in the Journal of Economic Perspective from 2007. Lenders
do not conduct a full credit check on borrowers.
While the high cost of borrowing has been the focus of much of the scholarly
literature and public debate on payday lending, an article in Criminology and Public
Policy from 2011 studied the effects of payday lending institutions on surrounding
areas. The study found that payday lenders in the Seattle area tend to be
concentrated in communities where crime rates are higher, and a statistically
significant correlation between the presence of payday lenders and increases in
crime. The authors of the study conclude that, beyond the high costs of borrowing,
July 13, 2012
Page 2
broader community costs might persist, such as crime and economic distress, which
all residents pay when they reside in neighborhoods with a concentration of payday
lenders.
Other Iowa Ordinances
Cities in Iowa with ordinances restricting payday lending have justified regulation by
citing the payday lender -economic distress nexus. For example, the Des Moines
ordinance states that proliferation of payday lenders suggests a commercial corridor
and adjoining neighborhoods in economic decline, and negatively impacts re-
investment, property values and economic development efforts. A memo to the Ames
City Council from Staff regarding the ordinance stated that Ames itself would not
necessarily have had to experience such negative effects; evidence that other cities
have experienced negative effects may be justification for each condition.
Ames, Clive, Des Moines and West Des Moines have passed zoning ordinances
restricting payday lending establishments, all within the last two years.
The Ames ordinance:
Prohibits payday lenders from locating within 1,000 feet of schools, child care
centers, other payday lenders, residential zones and arterial streets.
The Clive ordinance:
• Restricts delayed deposit services and pawnbrokers to locating in commercial
and industrial zones.
• Prevents delayed deposit services and pawnbrokers from locating within
1,000 feet of any residential zone, or in any property the city's comprehensive
plan has designated as residential -oriented.
• Prevents delayed deposit services and pawnbrokers from locating within 1000
feet of any children's daycare, nursery, preschool, elementary, junior or senior
high school, church, park or recreational facility operated by the City or
County, County conservation board, or State of Iowa.
• Restricts visibility into the store, which would be maintained utilizing
transparent glass on all windows and doors and keeping all windows free of
obstructions for at least three feet into the store. The product may be
displayed in the window if it does not cover over 30% of the window area.
The Des Moines ordinance:
Prohibits pawnbrokers and delayed deposit services businesses from locating
in most commercial districts.
Requires one-half mile separation between delayed deposit services
businesses, and one-half mile separation between pawnbrokers.
Requires 250 feet of separation between pawnbrokers and delayed deposit
service businesses from any residential zone or portion of PUD district
devoted to residential use.
July 13, 2012
Page 3
The West Des Moines ordinance:
• Prohibits payday lenders from locating within a half mile of each other.
• Prohibits payday lenders from locating within 250 feet of any existing
residential property, residentially -zoned property or portion of a PUD district
restricted to residential use.
Summary
The presence of payday lenders can have negative effects on surrounding areas.
Other communities in Iowa use zoning codes to regulate the location of payday
lending establishments. Staff has drafted amendments that would regulate payday
lenders as provisional uses in CC-2 zones and require separation from residential
and other sensitive uses as well as other payday lenders.
Recommendation
Staff recommends establishing a definition for payday lenders that is consistent with
the State Code definition. In the State Code such uses are called "delayed deposit
services." Second, staff recommends restricting the location of these uses to the
Community Commercial (CC-2) Zone as provisional uses with additional separation
requirements between these uses and other uses and areas that may be negatively
impacted by these uses. Third, staff recommends these uses be limited to only those
licensed by the State of Iowa.
Specifically, staff recommends the code be amended as indicated on the following
pages. The underlined text is the suggested new language. All other language in the
subject code section will remain unchanged.
July 13, 2012
Page 4
Amend Article 14-9A, adding the following definition:
Delayed Deposit Service Use: A Delayed Deposit Service Use is defined as an
individual group of individuals, partnership, association, corporation, or any other
business unit or legal entity, who for a fee accepts a check dated subsequent to the
date it was written or a check dated on the date it was written and holds said check
for a period of time prior to deposit or presentment pursuant to an agreement with, or
any representation made to the maker of the check whether express or implied. For
the purposes of this Title "check" means a check draft share draft, or other
instrument for the payment of money.
Amend paragraph 14-4A-41-2, Examples, adding a subparagraph g, entitled,
"Delayed Deposit Service Uses, "as indicated below:
q. Delayed Deposit Service Uses: payday lenders and any other similar use that
meets the definition of Delayed Deposit Service Use as defined in Article 14-9A
of this Title.
Amend Table 2C-1, Principal Uses Allowed in Commercial Zones, adding an
additional row under the "SUBGROUP" heading for Retail Uses, entitled, Delayed
Deposit Service Uses," and within this row under the "CC-2" column indicate that
said use is a provisional use in this zone by adding the abbreviation, "PR."
Amend Subsection 14-4B-4B, adding a new paragraph 24, as indicated below, and
renumbering the subsequent paragraph accordingly.
24. Delaved Deposit Service Uses in the CC-2 Zone
a. The use is licensed by the State of Iowa: and
b. The use will be located at least 1 000 feet from any property containing
any existing daycare use educational facility use, parks and open space
use religious/private assembly use or residential use
c. The proposed use will be located at least 1,000 feet from any other
delayed deposit service use.
July 13, 2012
Page 5
ATTACHMENTS:
Map of payday lending establishments in Iowa City
Approved by
obert Miklo, Senior Planner,
Department of Planning and Community Development
PLANNING AND ZONING COMMISSION PRELIMINARY
JUNE 4, 2012 — 5:15 PM — INFORMAL
HELLING CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Ann Freerks, Carolyn Stewart Dyer, Charlie Eastham, Phoebe
Martin, Paula Swygard, John Thomas, Tim Weitzel
STAFF PRESENT: Karen Howard, Sarah Holecek, Julie Tallman
CALL TO ORDER:
The meeting was called to order at 5:20 PM.
Comprehensive Plan Item:
CPA12-00002 — Consider setting a public hearing for June 21 on an amendment to the
Southwest District Plan to allow for elder apartment housing in the area between George,
West Benton, and Streb Streets, including lots at the corner of Oakcrest and George
Streets.
Howard stated that this item would just be a motion and a vote to set a public hearing for the
June 21 meeting. There would be no public discussion or review of the particulars of the case.
Major Site Plan Review:
Review of a major site plan for a proposed multi -family building on property located at
201 N. Vt Avenue (Montclair Apartments)
Howard described the site plan review process and its intended purpose to ensure that a
development project met all City Code requirements.
Holecek described the Commission's legal scope of review in this case.
Howard noted that the various City Departments had reviewed the site plan and found that it
met City standards. A summary of the review comments was provided in the memo. Since
some aspects of site plan review were quite technical, she suggested that if there were
questions about any aspects of the review that the Commission wanted more detail about, staff
would provide more detail at the formal meeting on Thursday.
Freerks stated that she would like more information about how storm water drainage was going
to be handled. Howard stated that she would request information from the Public Works and
have it available on Thursday.
Freerks asked if some of the existing trees that were currently planted along the rear drive
would need to be removed for this project. Tallman confirmed that they would be removing the
aforementioned trees. Freerks asked if the 37 new trees listed on the plan were in addition to
Planning and Zoning Commission
June 4, 2012 -Informal
Page 2 of 3
the ones already on site. Tallman confirmed that 37 additional trees were required in order to
meet the minimum residential tree requirement.
John Thomas noted that the new trees proposed behind the building on the western portion of
the property were rather small species and wondered whether the developer would consider
planting larger trees to help provide better screening.
Tallman replied that that is something that could be discussed with the developer.
Freerks asked whether one dumpster would be enough for a 36 unit building.
Charlie Eastham asked about the three access points along 1" Avenue and how the
determination was made that three was acceptable. Howard stated that she would talk with
John Yapp and the Public Works Department and provide more detail on the reason that the
City staff determined that it was better to keep 3 access points rather than reduce it to two.
Freerks requested to see the building elevations on Thursday. Howard stated that she would
provide them, but noted that the Design Review Committee had reviewed and approved the
building design.
Thomas asked about the design review process and how that intersected with the site plan
review process. Howard stated that in the Central Planning District, review of the multi -family
site development standards is conducted by the Design Review Committee rather than just
through the typical site plan review process.
Eastham asked whether the Commission's decision was final or whether it could be appealed to
the City Council. Howard stated that it could not be appealed to the City Council but rather could
be appealed through the court system.
Thomas asked whether the City had any noise provisions that would address air conditioners.
Howard stated that the noise ordinance did not cover these types of noises regularly associated
with residential uses. She also noted that the air conditioners could not be placed on the street -
facing fagade of the building. She noted that it was a question for the applicant on Thursday,
but that it was her understanding that the developer moved the air conditioners from the back of
the building to the sides to help mitigate any potential nuisance issues for the neighboring
properties to the west.
Seeing that there were no further questions, Freerks asked for motion to adjourn.
ADJOURNMENT:
Weitzel moved to adjourn.
Eastham seconded.
The meeting was adjourned on a 7-0 vote at 5:40 PM
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PLANNING AND ZONING COMMISSION PRELIMINARY
J U N E 7, 2012 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Caroline Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Robert Miklo, Sarah Holecek, Julie Tallman
OTHERS PRESENT: Tom Gelman, Mike Pugh, Duane Musser, Gary Watts
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
COMPREHENSIVE PLAN ITEM
CPA12-00002: Consider setting a public hearing for June 21 on an amendment to the
Southwest District Plan to change the land use map to show medium to high density multi-famly
housing in the area between George and Streb Streets north of Benton Street, including lots at
the corner of Oakcrest and George Streets.
Eastham declared that as he is member of a board for an organization that owns a property on
Streb Street, he would not be taking part in this consideration.
Miklo explained that this is a procedural matter and that the Commission is being asked to set a
public hearing to amend the Comprehensive Plan regarding the land use map for the area
between Streb and George Street north of Benton Street. He said there is an associated
proposal for a rezoning from Oaknoll to allow expansion of their retirement community. He said
the amendment would be to show this as multi -family residential on the land use map, as there
is no elderly housing designation. He said at the next Commission meeting on June 21st there
will be a report on the Comprehensive Plan amendment proposal as well as a zoning proposal
for these properties.
Weitzel moved to set a public hearing for June 21" on CPA12-00002
Thomas seconded.
Planning and Zoning Commission
June 7, 2012 - Formal
Page 2 of 7
A vote was taken and the motion carried 6-0 with Eastham recused.
MAJOR SITE PLAN REVIEW
Review of a major site plan for a proposed multi -family building on property located at 201 N. 1"
Avenue (Montclair Apartments)
Miklo introduced Julie Tallman from the City's Housing and Inspection Services Office, which
administers the site plan review process.
Tallman said the status of the plan is such that it has been reviewed by staff, the Fire
Department, the Building and the Planning Departments with respect to zoning, the Public
Works Department with respect to the design of storm water management, and the Water
Division with respect to connections to public utilities for water.
Miklo said questions from the work session had been conveyed to various staff. He said they
had received a memo from John Yapp regarding the driveway question and an email from
Denny Gannon, the Assistant City Engineer, indicating that he has reviewed the storm water
management plans and finds them to meet City standards.
Tallman said that the property was initially developed in the 1960s before there were standards
for on -site storm water management, so the design in 2012 had to incorporate new standards
for detaining storm water and releasing it at a specified rate. She said those calculations were
what Denny Gannon was reviewing for compliance with current ordinances. She said that during
site review, it was noted that the entire site had to be brought into compliance with current
lighting and landscaping standards. She said there was one additional review with the Traffic
Planners and Traffic Engineers, based on the fact that there are three existing drives leading to
First Avenue, which is an arterial street. She said they concluded that it was preferable to leave
those drives in place rather than closing one or more of them.
Freerks asked if only one dumpster was required
Tallman said that the City doesn't specify a minimum cubic yard of storage for solid waste. She
said the Code states there will be an adequate number of containers, and if it's found to be
inadequate because of complaints, the City has the right to require additional screening or
enclosures. She said this occurs most frequently in developments that are occupied by the
student population. She explained that the dumpster enclosure has to be designed to be
compatible with the exterior of the building.
Weitzel asked if there are any standards in 14.2B of the Zoning Code that are not met.
Tallman said in the multi -family site development standards there are no provisions that were
not met. She said the one provision that wasn't met was the Access Management Standard for
arterial streets, which were reviewed by the traffic engineers. She said the frontage on this tract
is over 500 feet. She said typical development along an arterial could have up to ten access
points separated by 50 feet. She said this is another reason the current layout of entrances and
exits to 1 st Avenue is not deemed to be problematic.
Eastham asked Holecek to explain his scope of review as a Commissioner.
Holecek said as a Commissioner, his charge is to step into the shoes of the building official and
Planning and Zoning Commission
June 7, 2012 - Formal
Page 3 of 7
determine if any standards have not been met, to then articulate why he believes a standard
has not been met, and make a suggestion or requirement in addition to what has already been
reviewed by staff and the building official consistent with what he found to be deficient.
Eastham said that in Section 18 of the Zoning Code the site plan design standards don't specify
anything about building design so he wants to know if this means he has no charge to review
building design.
Holecek said that is correct.
Tallman further clarified the general objectives of site plan review that are found in Section 16 of
the Code.
Freerks stated that the scope is quite limited compared to what the Commission would normally
look at.
Freerks opened public hearing
Mike Pugh, representing the applicant, stated that they had two levels of review on this project:
a site plan review that was done by staff and design review. He said the applicant spent many
hours with staff going over the building design and making sure that it met the site plan design
standards. He said that during discussions with some of the neighbors, particularly with those to
the west on Rita Lyn Court, they became aware of some issues of concerns for the neighbors.
He said very early on in this process the project was designed to alleviate some of their
concerns, especially the western side of the building that faces the backyards on Rita Lyn Court.
He pointed out that there are no balconies, windows, lighting, or traffic and the air conditioners
were moved with some difficulty to the north side of the building. He noted that because of the
new code requirements, the entire site had to come up to standards, which included 37 new
trees in addition to arbor vitae trees that have already been planted along the western boundary
in response to the concerns of the neighbors. He said they are ten feet tall and are expected to
ultimately be 20-25 feet tall, which will be a nice screening for the property. He pointed out spots
on the site plan where trees from Rita Lyn Court substantially overhang onto the subject
property. He said agreement was reached that if any of those property owners agreed to trim
those trees and pay for additional arbor vitae, the applicant would plant them at those spots and
offered to secure the trees and the installation at his cost. Pugh said that the applicant has
agreed to pay for and plant three blue spruce trees about 10-12 feet high on the northern side of
the property to screen any noise from where the air conditioning units will be located.
In response to a question by Freerks, Pugh reiterated that the arbor vitae are not included in the
37 new trees that have to be planted. He passed around an exhibit prepared by his engineer
that showed how the screening of the arbor vitae will prevent the neighbors on Rita Lyn Court
from seeing anything but the roof of the proposed building and half of the top floor. He noted
that in regard to the air conditioners on the south side of the building there's a retaining wall on
the southwest corner of the building that's about ten feet higher than where the air conditioners
are located. He remarked that currently the residents of the existing buildings bring their trash to
the basement where it's then removed. He said something similar will be done in the proposed
building. He said that the new units will be marketed to the same type of tenant who currently
resides there now, which is people who are retirement age. In response to a question by
Freerks, Pugh told the Commission that there are three three -bedroom units and the rest are
two -bedrooms.
Planning and Zoning Commission
June 7, 2012 - Formal
Page 4 of 7
Eastham asked what the height of the proposed building is in relation to the current buildings on
the site.
Pugh referred that question to Duane Musser.
Duane Musser of MMS Consultants said that the existing buildings are two-story, and the
proposed building is considered a four-story building, with the parking garage at the first level.
He said the west side of the building is a three-story because the grade would cover the back of
the parking garage, and on the east side the grade would make it a 3-1/2 story building.
Weitzel asked if the applicant feels that the design review was adequate and they'd rather not
do anything more.
Pugh said that through a rigorous review process, at least six different changes were made to
the plan. He claimed that both the applicant and the City are happy with the design.
Tom Gelman on behalf of most Rita Lyn Court and 1 st Avenue neighbors to the subject property
said there have been some significant changes and adjustments to the design and site plan
since he filed the request for Commission review. He stated that one of the first things he and
the neighbors did was to request a meeting with the developer, and although that request was
denied, they have had access to Mike Pugh. He agreed with how Pugh had earlier
characterized the substance of their meetings and conversations.
Gelman said this project is a material change for the neighborhood that was not foreseen by
most of the neighbors. He said the neighbors have tried to focus their concerns on things that
can be somewhat mitigated, like privacy, noise, view and lighting. He said adjustments and
accommodations not required by Code have already been made by the applicant in response to
concerns. He said some of the changes had been made unilaterally, and they would have
appreciated a little more give and take on some of the items that were addressed. He said the
neighbors appreciated some of the changes that had been made. Gelman said the neighbors
are requesting from the applicant continued cooperation to be reasonably responsive to their
legitimate concerns as the project progresses. He said so far the applicant has shown a
willingness to be responsive. He said the neighbors are asking the Commission to carefully
scrutinize the plan and confirm that it meets the required standards, and based on their
experience, make any suggestions about this project they feel will be useful.
Freerks wanted to know, even though the issue is not within the scope of the Commission, if
there are handicapped accessible apartments here, seeing as how these apartments are
geared toward retirees. She was told there is an elevator.
Tallman explained how the building plan review is about enforcing the Fair Housing Act as well
as Americans with Disabilities guidelines and how the building code requirements for multi-
family dwellings mandate that units be either accessible or adaptable.
Freerks closed public hearing.
Eastham moved to approve the major site plan for a proposed multi -family building on
property located on 201 N. First Avenue in Iowa City.
Swygard seconded.
Freerks invited discussion.
Planning and Zoning Commission
June 7, 2012 - Formal
Page 5 of 7
Weitzel said what he thought they could do here is to encourage the developer to continue to
look at the Good Neighbor Policy and consider using it. He said that since design review has
passed through staff review, he has no comments in that regard.
Eastham noted that he believes this proposed site plan meets the design standards contained in
the Code. He said he had particular concerns about traffic issues that might arise because of
the additional vehicles coming onto 1st Avenue, but the staff report that says there hasn't been
any collision pattern along 1st Avenue with the existing development indicates that the
driveways don't present any more hazard than any other similar section in town. He said he is
comfortable with number of units, the proposed additional traffic and maintaining the three
access points that are there now.
Thomas said he also supports the efforts toward cooperation between the property owner and
the neighbors. He said he visited the site and was pleased to see some very large trees along
the property line adjacent to the neighbors, but he would suggest that where there are gaps in
the screen of trees, trees larger than what are proposed are planted to act as a secondary layer
to the east of the arbor vitae to help with the screening of the upper portions of the building. He
said the proposed addition will have a tremendous impact on the existing apartment complex.
He said he would have preferred that the proposed building have had more of a relationship to
the existing structures, but it appears to meet the minimum design requirements. He said there
seems to be a need to revisit the requirements based on the lack of usable open space, for
example.
Freerks agreed with Thomas that the proposed building does seem to be pigeon -holed into a
small area, but it meets all the requirements and she will be in favor of it. She said the proposed
building is massive and will create some change. She said she thinks it meets a need for
housing in the area. She also urged communication to stay open. She said she appreciates the
time and effort that have gone into trying to make this a better project.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: April 30`h, May 3r" and May 17`h, 2012.
Eastham moved to approve the minutes with minor corrections.
Dyerseconded.
The motion carried 7-0.
OTHER:
The Commission decided that there probably would be a quorum for the JUly 5ch meeting.
ADJOURNMENT:
Eastham moved to adjourn.
Swygard seconded.
The meeting was adjourned on a 7-0 vote.
Planning and Zoning Commission
June 7, 2012 - Formal
Page 6 of 7
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PLANNING AND ZONING COMMISSION PRELIMINARY
JUNE 18, 2012 — 5:15 PM — INFORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard
MEMBERS ABSENT: Caroline Dyer, John Thomas, Tim Weitzel
STAFF PRESENT: Robert Miklo, Sarah Holecek
OTHERS PRESENT: None
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
COMPREHENSIVE PLAN AND REZONING ITEM
CPA12-00002/REZ12-00010/VAC12-00004: An application submitted by Christian
Retirement Services, Inc. for a Comprehensive Plan Amendment and a rezoning from
Medium Density Single Family (RS-8) zone to Overlay Planned Development Medium
Density Multi -Family (OPD-RM-20) zone for approximately 2.7 acres of property located at
Benton & George Streets and an application for a vacation of the public right-of-way of
Spring Street.
Eastham declared that he had a conflict with this item because he is a member of a board that
owns one of the properties within the proposed rezoning area.
Miklo explained that there are three items that the Commission must consider in order for this
project to go forward. He said the first one pertains to the Comprehensive Plan, which currently
shows this property as appropriate for medium to low density single family and duplex housing.
He said the area to the east is appropriate for medium to high density multifamily housing. He
said the proposal would expand the medium to high density multifamily to the west all the way to
Streb Street on the north side of Benton Street to include the properties in the subject area.
He said the second aspect of the application is the rezoning of those properties to Medium
Density Multifamily (RM-12) and to simultaneously approve a planned development overlay,
which is a specific plan that lays out how the properties would be developed. He explained that
Spring Street, a city street, would be vacated and sold to Oaknoll to be included within the
Planning and Zoning Commission
June 18, 2012 - Informal
Page 2 of 7
property, and it would be used for the density calculations as well as to provide storm water
management and access to the parking facilities under the building and to the two duplexes that
are proposed on Streb Street.
Miklo showed the Commission some photos that illustrate the area. He said Oaknoll is a large,
institutional -type residential development so there is precedence for this density and character
of development in the neighborhood. He pointed out the different zones in the area. He pointed
out two single family homes owned by Oaknoll that would be included within the development
and would be rented as single family homes to residents of Oaknoll.
Martin asked if at some point those properties could be torn down and redeveloped.
Miklo replied that could not happen without seeking approval from the City since they are part of
the Planned Development.
Miklo showed the Commission a site plan that would include a multifamily building that would
also have a number of other amenities for the residents, like a cafeteria, meeting and
recreational rooms, and an exterior courtyard. He said the proposal includes a skywalk
connecting to Oaknoll's existing multifamily buildings. He said there are two duplexes proposed
on Streb Street that would provide a nice transition to the single family duplexes on the west
side of Streb Street. He pointed out one existing duplex that would be removed and made into
an emergency vehicle turn -around. He indicated that there would be some sort of blockage
provided so that traffic from Oaknoll would not go onto the lower density street. He explained
how the five story building will be designed and showed various views of the proposed building,
pictures of the two houses that they Oaknoll owns, and photos of houses that will be removed,
and houses in the neighborhood.
Miklo explained that in the Southwest District Plan there had been concern about traffic from the
multifamily areas having to go through single-family areas to get to Benton Street. He said in
this case there would be direct access to the multifamily area via Spring Street. He pointed out
an area he said the City's traffic planners felt was an appropriate location for a curb cut that
would provide access to the duplexes and approximately 140 parking spaces within the building
itself. He said the engineers felt that Spring Street would be capable of handling the traffic
generated from this plan.
He said the Comprehensive Plan does talk about the need for producing housing for the elderly,
and the recent census shows that is the fastest growing segment of the population by far. He
said staff feels that the Comprehensive Plan supports proposals for specialized housing for the
older population. He reminded the Commission to also keep in mind the concern about creating
buildings that are compatible with a lower density neighborhood. He said the Commission
wouldn't be approving just RM-20 zoning but rather a specific plan that would have to be built.
He said any significant design changes from what is before the Commission at this meeting
would have to come back to the Planning and Zoning Commission and City Council. He said
staff feels that there are elements in this plan that allow it to fit into the neighborhood, like the
interior parking, the step back from Benton Street, the use of building materials, balconies and
the courtyard to break up the mass of the building. Miklo said because of the attempts to make
this large building fit into the neighborhood and because it provides a form of housing that's
badly needed, staff recommends approval the Comprehensive Plan amendment and Planned
Development zoning.
Miklo said the staff reports outlines why staff feels the request for vacation of the street is a
reasonable one. He said the applicant will have to show that storm water is being managed and
Planning and Zoning Commission
June 18, 2012 - Informal
Page 3 of 7
will not create problems offsite, which is an issue that needs to be resolved before approval of
the item. He said another issue yet to be resolved in sanitary sewer, and there still needs to be
a study to show that there is capacity with this increased development. He said staff
recommends approval of the item based on the satisfactory resolution of the storm water and
sanitary sewer issues.
Freerks asked if these issues could be resolved by Thursday night when the Commission has
its formal meeting.
Miklo said they will need to get some feedback from the City Engineer before Thursday.
Martin asked about a seeming contradiction regarding traffic.
Miklo explained that the applicant has agreed to dedicate additional right-of-way on the south
side of Benton Street to bring it up to standards. He said there are two other properties to the
west where right-of-way would need to be obtained to do sidewalk or lane improvements and
would allow widening of Benton Street in the distant future.
Swygard asked if there was information about the traffic on George Street and how access to
the building would affect that.
Miklo said he would have to talk to Transportation Planners about traffic counts and numbers.
He said there would be a drop-off point on George Street with possibly some very short-term
parking.
Martin asked if this development would affect property taxes generated in this area.
Miklo said he believes this would generally increase property taxes.
Freerks explained that the taxes would not be what the Commission could base a decision on.
Martin asked about the open space fee.
Miklo said staff recommended paying a fee in lieu of open space because there isn't a good
spot on this property for an appropriate city park, and there are already two parks in the vicinity.
Martin asked if the proposed duplexes would be single story.
Miklo said they would be and directed her to a picture in the packet.
Martin asked who would be responsible if any of the neighbors did end up with storm water
problems because of this development.
Holecek explained that typically if by increasing intensity or use you put water onto a
neighboring property there is redress for doing that between the parties involved.
Planning and Zoning Commission
June 18, 2012 - Informal
Page 4 of 7
REZONING ITEMS
REZ12-00011: Discussion of an application an application submitted by Southgate
Development Services for a rezoning from Interim Development Office Research Park (ID-
ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of
property located at Camp Cardinal Boulevard south of Preston Lane.
Miklo said this area is not within one of the adopted district plans, but is in the Northwest
District, and the Comprehensive Plan contains only general guidelines about this district. He
said the Comprehensive Plan map shows this area being appropriate for Office Research Park
(ORP) and Low Density Single Family Residential (RS-5). He noted that in addition there is a
memorandum of understanding that the City has with the developer and the City of Coralville
that indicates some light commercial or office use in this area. He said the applicant is
requesting a change in zoning because he's concerned that there wouldn't be a market for
commercial in this area and is proposing a multifamily residential zoning. Miklo said that staff
has some concerns with this rezoning because there is quite a bit of woodland and some
possible protected slopes that would make it difficult to develop. He said the proposed Low
Density Multifamily (RM-12) zoning allows about 15 housing units per acres so theoretically
there could be 400 housing units on this site. He said staff feels that number is not realistic
given the topography and thinks there should be a concept plan showing what is and is not
appropriate for development. He said staff would like to see at least a sensitive areas study
outlining the areas that are not likely to be developed.
Miklo said the staff would like to look at whether the proposed road connecting Camp Cardinal
Road with Camp Cardinal Boulevard is possible. He told the Commission that now would be the
appropriate time to determine whether or not to have an east -west street across this property.
He showed the Commission photos of the property and the existing curb cut on Camp Cardinal
Boulevard, which is currently the only access to the property. He said it's quite steep from the
curb cut to where development is likely to occur, which would necessitate a lot of grading. He
showed the Commission a number of aerial views of the property and said staff feels there is
some merit to considering the proposal for multifamily zoning in this area but they want to see a
concept plan or the rezoning tied to a concept plan or planned development.
Eastham asked what the master plan itself has to do with this rezoning request.
Miklo said that since there isn't an adopted detailed district plan the master plan should be
looked at for some guidance for what the current expectations are for the development of this
property.
Eastham said the area zoned for Office Research Park (ORP) seems to be quite extensive for
all of it to be developed for that use.
Miklo said the Comprehensive Plan talks about that issue and whether this is a realistic amount
of land to devote to Office Research Park. He said in the past thirty years there has been a very
low demand in Iowa City for Office Research Park, and the Commission might want to look at
alternative land uses.
Eastham asked if the staff objected to having another curb cut onto Camp Cardinal Road from
Camp Cardinal Boulevard.
Miklo said the staff is open to looking at alternatives to where access would occur
Planning and Zoning Commission
June 18, 2012 - Informal
Page 5 of 7
Martin asked why the site was zoned for commercial if there are protected areas in the site.
Miklo said the whole area was zoned for potential Research Development Park (RDP) in the
1980s when there was no development in this part of the city, nor was there a sensitive areas
ordinance.
Martin asked if it was true that whatever development occurs on the site, staff wants to see it
attached to a concept plan and a sensitive areas study done for rezoning to take place.
Miklo affirmed this. He described the three levels of slopes regulated by the sensitive areas
ordinances. He said having sensitive areas analysis would give them a good idea of what
percentage of the property is able to be developed.
Eastham asked if there is anything in the planning for building Camp Cardinal Boulevard that
the Commission needs to take into account for this rezoning application.
Miklo said that previously the only access to this area was Camp Cardinal Road, which made
for inadequate access. He said now that there is much better access, it's time to consider
changing the current designation of Interim Development (ID) to a developable zoning
designation. He said the current Comprehensive Plan and the Memorandum of Agreement
would indicate some sort of office research park and light commercial. He reiterated that staff
thinks that is a reasonable request to consider multi -family here, but given the sensitive areas
and questions about roadway design that they want to see a concept plan on how to manifest
the change.
REZ12-00012: Discussion of an application submitted by Southgate Development
Services for a rezoning from Interim Development Multifamily (ID-RM) zone to Low
Density Multifamily (RM12) zone for approximately 13.90-acres of property located at
South Gilbert Street and McCollister Boulevard.
Miklo said there's a lot of public open space in this area of town, with three public parks and the
recently built McCollister Bridge crossing the Iowa River. He said it is currently zoned Interim
Development because the infrastructure for development was not there at the time of its zoning
designation. He said with the improvement of Gilbert Street and Sand Hill Road, there now is
good public access to this area, which would indicate that it is appropriate to consider rezoning.
He said the South District Plan shows some multifamily and talks about single family or duplex
housing in the area as well. He said the district plan talks about the general policy of not
creating large apartment complexes, and he said staff feels that clearly applies to this area. He
said staff feels that RM-12 is an appropriate designation for the property but they would like to
see a concept plan to show how development of the property would also meet the general
policies of fitting multifamily into a neighborhood. He said the best option would be smaller
apartments on Gilbert Street and townhouses, duplexes or small single-family lots on the
eastern part of the property.
He said that theoretically 195 units could fit on this property if it is zoned RM-12, but staff
doesn't feel that is realistic because of its odd shape and trail and storm water easements that
would make part of the land undevelopable. Miklo said that staff would like to see a concept
plan so there's a realistic expectation of what can be developed here and to provide some sort
of transition to the neighbors. He showed the Commission a number of photos and views of the
area and the property. He said there are several ways the rezoning could be handled by the
Commission. He said there could be a Planned Development but the property owner will not
necessarily be the developer, so they will probably not want to incur the expense coming up
Planning and Zoning Commission
June 18, 2012 - Informal
Page 6 of 7
with a specific Planned Development. He said another option would be Conditional Zoning
Agreement that would tie this to some sort of site plan approval by the Commission or City
Council. He said another option would be to require a Future Planned Development. He said
that part of the Conditional Zoning Agreement would be that staff would work with the applicant
to come up with either a concept plan or some criteria that would be part of the Conditional
Zoning Agreement.
Eastham asked if there was going to be access on the north side of the property.
Miklo said ideally it would have access on McCollister Boulevard, and staff's preference is not to
put the access on Gilbert Street.
Eastham asked if there were sewer or infrastructure issues on this application.
Miklo stated that he believed there were none
AMENDMENT ITEM
Discussion of an amendment to Title 14, Zoning Code, to exempt blocks with three or
fewer home lots from front setback averaging.
Miklo said the Zoning Code states that if someone building a new house wants to set -back
closer to the street than the standard setback they can take advantage of set -back averaging.
He explained that if not more than fifty percent of the houses on a frontage, meaning a block or
from one intersection to the next, are set back further from the street than the standard zoning
ordinance of fifteen feet, new construction has to set further back. He explained that any new
construction not set as far back as the existing houses in an established neighborhood such as
on Summit Street, where the houses are set back in some cases 30 or more feet, would
interrupt the rhythm and character of the street, and that is why they have set -back averaging.
He said that it came to staff's attention that in a situation where there are only two lots per block
set -back averaging still applies, and they feel that it may not be necessary to apply it in these
situations. Miklo gave the Commission some examples of such cases. Miklo said there is a
separate requirement within the historic and conservation districts and the historic guidelines
would supersede the Zoning Code.
ADJOURNMENT:
Eastham moved to adjourn.
Martin seconded.
The meeting was adjourned on a 4-0 vote.
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PLANNING AND ZONING COMMISSION PRELIMINARY
JUNE 21, 2012 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Caroline Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, John Thomas,
MEMBERS ABSENT: Tim Weitzel
STAFF PRESENT: Robert Miklo, Sarah Holecek
OTHERS PRESENT: Mark Seabold, Steve Roe, Tim Starna, Ellen Sweet, Dave Clark,
Kevin Lehman, Glenn Siders, Dell Richard, Robert Wilson, Linda
Campion, Sam Ojeda, Lola Palmer, Tim Orion, Josh Chapman,
Tim Kasper, Michael Chan, Brian Herren, Bob Domsic, Alex
Hachfoon, Richard Arthur, Stephanie Chapman, Tom Carroll
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 4-1 (Swygard opposed, Eastham recused) to recommend
approval of an application submitted by Christian Retirement Services, Inc. for CPA12-
00002, a Comprehensive Plan Amendment to change the land -use designation from
single-family/duplex residential to medium -to -high -density multi -family.
The Commission voted 4-1 (Swygard opposed, Eastham recused) to recommend
approval of REZ12-00010, a rezoning of approximately 2.7 acres from Medium Density
Single Family (RS-8) zone to Overlay Planned Development Medium Density Multi -Family
(OPD-RM-20) zone to allow the construction of 69 apartments and two duplexes for elder
residents as shown on the Planned Development Overlay Plan with the condition that the
applicant submit a landscaping plan to the City's Planning and Community Development
Department for their review and approval to ensure that the northwest corner is screened
from the other buildings to the north.
The Commission voted 4-1 (Swygard opposed, Eastham recused) to recommend
approval of VAC12-00004, a vacation of Spring Street subject to the retention of an
access, sanitary sewer and storm water easements.
The Commission voted 6-0 to recommend approval of the recommended adjustments to
the front setback averaging provisions in the Zoning Code as contained in the staff
memo of June 15th, 2012.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
Planning and Zoning Commission
June 21, 2012 - Formal
Page 2 of 20
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
COMPREHENSIVE PLAN AND REZONING ITEM
CPA 12-00002/REZ12-00010/VAC12-00004: An application submitted by Christian Retirement
Services, Inc. for a Comprehensive Plan Amendment and a rezoning from Medium Density
Single Family (RS-8) zone to Overlay Planned Development Medium Density Multi -Family
(OPD-RM-20) zone for approximately 2.7 acres of property located at Benton & George Streets
and an application for a vacation of the public right-of-way of Spring Street.
Eastham stated that he is a member of a board of an organization that owns one of the
properties within the requested rezoning area and will not be participating.
Miklo said the subject area is currently zoned Medium Density Single Family (RS-8) and
developed with single family and duplex homes. He explained how the proposal before the
Commission has three components: to change the current Comprehensive Plan Land Use
designation showing this area as appropriate for single-family/duplex to show it as appropriate
for medium -to -high -density multi -family, the second part of the application would rezone the
properties from Medium Density Single Family to Medium Density Multifamily; and that would
include a Planned Development Overlay which has a specific development plan for the property
and through that plan there are three waivers of underlying zoning requirements that are
requested to be modified as part of the plan; the final aspect would be the vacation of Spring
Street as a public street that would be sold to Oaknoll and become part of the complex and
would be used as a private drive to provide access to two duplexes and a parking garage for the
complex.
Miklo displayed photographs showing the property in relationship to the current Oaknoll
development and the surrounding neighborhoods, including the structures that would be
removed as part of the proposed development and the two single family homes and duplex that
would remain intact and be part of the proposed development. He showed a site plan indicating
the footprint of the proposed building and parking structure as well as the existing Oaknoll
development.
Miklo said there is quite a bit of discussion in the Southwest District plan about this specific
neighborhood and some of the concerns about previous high density residential development in
the area, including access through the neighborhoods to the developments and developments
providing good transitions to lower density residential. He said the Comprehensive Plan and the
Southwest District Plan also recognize the need for providing group living options for senior
residents. He said that the most recent census data shows seniors as the fastest growing
portion of the population. Miklo said the Zoning Code was amended to provide a density bonus
for elder housing to encourage its production. He said City Engineers have received
confirmation that there is sufficient sanitary sewer capacity to handle the increase in density and
that storm water would have to be stored on this property in an underground storm sewer
system. He explained that the engineering for that system would have to occur at the site plan
stage.
Miklo said in terms of zoning, the proposed underlying zoning would be multi -family (RM-20) but
the applicant is asking for some changes to those requirements. He said one change would
allow a taller building than the thirty-five feet normally permitted in most residential zones. He
said the proposed building would be up to fifty-two feet in some locations to allow for 145
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June 21, 2012 - Formal
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spaces on two levels of underbuilding parking. He said the zoning requirement for the units
proposed would be about 70 parking spaces, so by providing more space than required may cut
down on the complaints received by the City about parking in the Oaknoll area and spill -over
parking into the neighborhoods. Miklo said the applicant would present the design features of
the proposed building that are intended to help this large structure fit into the neighborhood.
Miklo said they are also seeking a tree coverage variation from the one tree for every 550
square feet of roof coverage for a residential development and are requesting relief for the
courtyard area. He said the applicant will provide trees elsewhere to meet that requirement if the
courtyard is not considered rooftop. Miklo said the applicant is also requesting that the
maximum width of eighteen feet be waived for two garage doors within the development. He
said they want to increase their width to twenty feet, and since they would be located in the
interior of the development, staff feels this is a reasonable variation from the standards.
Miklo said the final decision for the Commission would be the vacation for Spring Street. He said
that other than for one property which has alternative access from Streb Street, the only other
properties served on a regular basis by Spring Street are those owned by Oaknoll that would be
part of the redevelopment. He said easements would be obtained for any public utilities in that
area. He concluded that staff is recommending approval of the item as outlined above.
Freerks opened public hearing
Mark Seabold of Shive-Hattery spoke on behalf of Oaknoll. He said the project would expand
their senior living residences, which is a housing type that is in great demand, and would
contain varied apartment types. He said they have been working with the City staff for some
time to see that the needs of Oaknoll will work with the needs of the neighborhood. He said they
have also worked with existing Oaknoll residents as well as those on the waiting list in order to
get input about the types of apartments and amenities they would like to see. He noted that they
had held a good neighbor meeting last month that five people attended. He said the subjects
discussed included the need for storm water management. He said there was concern about
any increase in noise from HVAC equipment or from condensing units on the roof, but that
Oaknoll plans on using a geothermal system, which doesn't contain any large or loud
equipment. He said they spoke about privacy and how they have made a buffer zone and also
stepped back the building on the north and south faces where there are neighbors. He said they
are trying to incorporate as much visitor and staff parking as possible under the building to make
less of an impact on the area. He said the intent for Spring Street is that it will just be improved.
Seabold gave a visual presentation outlining the various aspects of the proposed development.
He said there would be a lot of functions in the new building and showed pictures of the skywalk
connecting it to the existing George Street facility. He said the 2.7 acre site would be utilized by
maintaining the existing residences on Oakcrest Street, providing two new duplexes to buffer
the existing neighborhood on Streb Street and provide 69 new apartments along with all the
amenities in the new building.
Seabold explained the floor plans and how with the large change of grade between Spring
Street and George Street a whole level of underground parking can be accomplished. He said
there is also a secondary entryway off Spring Street and a loading dock for smaller delivery
trucks. He explained that the larger trucks will still use the main entry. He showed where a fire
truck lane is proposed and explained that the only traffic that would continue down Streb Street
would be a fire truck. He said a ramp will lead to another level of parking with an additional 60
parking spaces and then there are residential units overlooking Spring Street to the west.
Seabold showed plans of the George Street level where there is a covered drop-off area and a
Planning and Zoning Commission
June 21, 2012 - Formal
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lot intended for overflow visitor parking with only pick-up and drop-off traffic. He showed the
main entryway on George Street with a dining venue overlooking a courtyard space and
apartments wrapping around the courtyard. He said the second floor would be apartments with
small meeting rooms. He said on the third floor up from George Street there would be the
skywalk connection out from a large community space. He explained that the space will have
higher windows so they aren't looking out over the neighborhood and all the views will be
directed into the courtyard space. He explained where the step backs will be used on the west
wing to reduce the scale of the building on Benton Street and on the east side as well. Seabold
showed some rendered elevations that depicted the elements of the proposed development. He
described how relief would be provided from the heavily landscaped courtyard area using paths,
a stream and variation in plant heights, among other things.
Steve Roe, the Administrator and Chief Financial Officer of Oaknoll, said they are a nonprofit
organization that has served Iowa City since 1966. He said they currently serve about 280
residents. He said during their 46-year history there have been a number of expansions, the
most recent being the George Street addition that added 51 independent living apartments and
amenities for all the residents. He said the rezoning request for the new addition is being driven
by the waiting list of 162 individuals and couples, some of whom would like to be Oaknoll
residents now. He said he thought the proposed building was designed well to fit into the
neighborhood and will add some amenities that the Oaknoll community truly needs, the biggest
of which is a large, open community space. He said the 73 units planned for the Spring Street
addition will be the largest of their additions and will complete their campus. He said they have
no plans to build more on this site.
Tim Starna of 708 Steb Street asked what is meant by vacation of the right of way on Spring
Street and wanted to ensure that his tenants would have access to their parking.
Miklo explained that if Spring Street is vacated the City will retain a public access easement
over the street which would allow motorists to travel on the street as they do today. He said that
Oaknoll would own the street and be responsible for its maintenance.
Starna asked where his property's trash pick up would be and who would be responsible for
snow removal.
Miklo said the City would probably pick up trash from the front of the property and Oaknoll would
be responsible for snow removal.
Starna noted that bringing the trash to the front makes the property less desirable for tenants in
part because there's a steep hill there.
Holecek said the trash receptacle would have to be kept along the side of the building and
brought around to the front and she does understand his concern.
Ellen Sweet of 1219 Oakcrest Street said her backyard exits on Spring Street and she is
opposed to the City vacating Spring Street. She said she doesn't think it will be the same when
it becomes a private drive.
Freerks asked her if she had specific concerns.
Sweet asked what would happen if there were any disputes.
Holecek explained that the street will be upgraded and the City will retain a public access
Planning and Zoning Commission
June 21, 2012 - Formal
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easement which allows the public to use it and public vehicles to access it.
Sweet said she walks her dogs on Spring Street because there is too much heavy traffic from
the buses on Oakcrest Street.
Freerks said Spring Street would still have public access so she would still be able to walk her
dogs there.
Sweet asked what would happen about dogs going to the bathroom.
Holecek replied that you would pick up after your dog.
Freerks asked if Sweet could be more specific about her concerns.
Sweet said one reason she doesn't walk her dogs on Oakcrest is because Oaknoll residents
tends to have small dogs that bark at you as you pass by. She said one of her dogs doesn't
tolerate that well and wants to go after the small, yappy dogs. She said she's concerned about
what impression the Oaknoll residents will have once Oaknoll owns the street.
Holecek said it will be very clear and recorded that the public still has access to the street.
Sweet replied that some of the residents currently don't think that people should do as they
please on Oakcrest.
Freerks said the Commission can listen to Sweet's concerns but she's not sure they can do
anything about them.
Sweet said she has had an Oaknoll resident who told her she couldn't wait until Oaknoll bought
all the houses in the area so the students and other people would be gone. She said various
Oaknoll residents have made comments to her about the way she walks her dogs. She said the
residents tend to be prominent people in the community and they think they know more than
anyone else and should be in a supervisory position to other neighbors.
Freerks said she would like to focus on the issue Sweet has with the street.
Sweet said she has the right to be on Spring Street because it's a public street and she doesn't
know how that right will continue once the street is owned by someone else. She asked what
would happen if there was some dispute about something that happened on the street. Sweet
asked who would enforce that right to use the private street.
Holecek said she needed to know more about the kind of dispute she's referring to.
Sweet referred to a recent incident where she was walking her dogs on Spring Street and a
woman, not an Oaknoll resident, told her boyfriend to call the police. Sweet said she was
reported to animal control because they don't like her using the street the way she has a legal
right to use that street. She asked who she would appeal to once the street becomes private.
Freerks and Holecek assured her that she would still be able to use the street, and in most
respects, people would not even be aware that it was a private street.
Sweet asked who she can talk to about the issue of where her dogs can relieve themselves and
her concerns about disputes that may arise once the street is private.
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June 21, 2012 - Formal
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Freerks told Sweet to talk to Holecek.
Dave Clark of 1130 Oakcrest Street asked how they were going to deal with taking the parking
off Oakcrest Street from University Heights border to Benton Street.
Miklo said that is not being considered as part of this rezoning.
Clark said this was going to exacerbate an already bad situation.
Freerks said that before Clark arrived at tonight's meeting, Seabold had explained how they are
going to more than double the amount of parking that's required for this number of units, so this
should help the parking situation with Oaknoll's employees.
Clark asked how many parking spaces there would be for the employees.
Roe said they are planning for one and one-half cars per apartment so about 105 of the spaces
are dedicated to resident parking with the remaining forty to be used by staff and visitors. He
pointed out that many people heading to University Hospitals use George Street for its free
parking.
Kevin Lehman of 2060 Lynncrest in Coralville said he owns 703 Streb Street and 1242 Sunset.
He said currently on Streb Street the eastside is open parking and the west side is no parking.
He asked if there are plans to change that.
Miklo said there are no plans to change the current situation but the Transportation Planners
could look at changing it to the other side of the street.
Seabold said because they plan on removing properties and moving the driveways to the back,
they will be removing some of the driveways along the east side of Streb Street which will open
up more room for parking.
Starna said he thought the Commission had possibly not taken seriously his concern about the
garbage pick-up at 708 Streb Street as particularly in the wintertime there is a hill the tenants
would have to go up carrying a heavy can and will make it much more difficult to bring the trash
out. He said if there are easements for emergency vehicles, why is it that the garbage pick up is
no longer the same.
Miklo said he thought Public Works would be reluctant to send a truck given that it would be
only one house but that they can see what they would be willing to do.
Freerks suggested that Starna contact Miklo to see what could be done but said the
Commission can make no guarantees and would probably not tie anything to this issue.
Freerks closed public hearing.
Freerks asked for a motion.
Dyer moved to approve CPA12-00002 an application submitted by Christian Retirement
Services, Inc. for a Comprehensive Plan Amendment.
Thomas seconded.
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June 21, 2012 - Formal
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Freerks invited discussion
Thomas said there has been a considerable amount of effort in this application to address the
issues associated with the change in the Comprehensive Plan. He said he does have some
concerns about the north side of the development as it faces the rear yards of the properties on
Oakcrest Street. He said it's where you see the exposed basement levels at the northwest
corner of the building that are a concern for him because that's where some of the site
conditions converge to expose the full height of the building to the adjacent properties. He said
he would like to see what else can be done on the applicant's property to help screen that side
of the building from the adjacent properties.
Miklo said there is a later version of the plan that does show louvers or windows that continue
the pattern above to break up that blank wall.
Thomas said that would help, but the height of the building in that location is still a factor. He
said he would like to see more screening in that area.
Miklo explained that this issue can't be tied to the Comprehensive Plan item but could be
brought up again with the rezoning for the Planned Development, the next item.
Swygard said she had spent a good deal of time reviewing the Comprehensive Plan, and it
states that the amount of land zoned high density multifamily is excessive for this location. She
said she has concerns about the size of this building, especially the view traveling from west to
east. She said even though it ties in with the Oaknoll development to the east and attempts
have been made to buffer it with the duplex, it is yet another large family development for this
area. She said she has tried to weigh the social value of the development against the Southwest
District Plan that's in place that was worked on by the neighbors, and she hasn't come up with a
good answer yet.
Freerks said Oaknoll does meet a great need and will complete their campus and is probably a
good use of this area in the community, and thinks it will be an excellent addition to the
community. She said she thinks in this case, the Comprehensive Plan change is a positive one
Dyer said she shares the concern about the blank wall in the parking structure.
Freerks reminded Dyer that can be addressed in the next item.
A vote was taken and the motion carried 4-1 with Swygard voting no, Eastham recused.
Thomas moved to approve REZ12-00010, a rezoning of approximately 2.7 acres from
Medium Density Single Family (RS-8) zone to Overlay Planned Development Medium
Density Multi -Family (OPD-RM-20) zone to allow the construction of 69 apartments and
two duplexes for elder residents as shown on the Planned Development Overlay Plan.
Martin seconded.
Freerks invited discussion.
Dyer said she shared Thomas's concerns about the large, blank wall of the parking structure
and that there is no step -back on the north side of the building.
Planning and Zoning Commission
June 21, 2012 - Formal
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Thomas said he thinks the problem is compounded by the fact that the building is taller in some
spots than what is normally allowed under RM-20. He said at this late stage in the design
process, the only option the Commission really has without modifying the building is to modify
the landscape tree limit.
Miklo explained if the Commission wants to actually see some modifications, they will have to
defer this item to their next meeting so a revised plan could be presented. He said if they are
comfortable voting on it but putting some landscaping conditions on it, they could do that as
well.
Freerks said she doesn't feel it is the Commission's job to designate the placement of each tree
but rather to identify the issue they see and ask that it move forward.
Holcek said the Commission could add a condition that a landscaping plan be approved by the
Director of Planning and Community Development.
Thomas moved to amend the motion that the applicant submit a landscaping plan to the
City's Planning and Community Development Department for their review and approval
to ensure that the northwest corner is screened from the other buildings to the north.
Dyerseconded.
The motion to amend carried 5-0.
Freerks said she thinks this will be a wonderful addition to the community as a whole and that
it's a wonderful structure. She said the height is pushing the limits, but it's done quite well in
many ways and there will be plenty of people who will want to live there. She said she likes the
way the applicant is putting together the garden and dealing with storm water.
Swygard said she thinks the structure is just too large. She said she's not in favor of allowing
the height to be increased.
A vote was taken and the motion carried 4-1 with Swygard voting no, Eastham recused.
Thomas moved to approve VAC12-00004, an application for the vacation of Spring Street
subject to the retention of an access, sanitary sewer and storm water easements.
Martin seconded.
Freerks said the vacation of this street makes sense to her. She said it will be maintained by
Oaknoll yet the public will still be able to use it.
Thomas said the only problem he sees with this is the trash issue, and he hopes that a
resolution can be found in the discussion with Public Works.
A vote was taken and the motion carried 4-1 with Swygard voting no, Eastham recused.
Freerks called a short recess.
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June 21, 2012 - Formal
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Freerks called the meeting to order
REZONING ITEM
REZ12-00011: Discussion of an application an application submitted by Southgate
Development Services for a rezoning from Interim Development Office Research Park (ID-ORP)
zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of property located
at Camp Cardinal Boulevard south of Preston Lane.
Miklo showed the subject property on a location map and an aerial photo that demonstrated the
fair amount of woodlands on the property. He pointed out on a topography map where there is
quite a bit of topographic relief on the property, the northern half and southeast corner. He
showed pictures that illustrate how much higher the property is than Camp Cardinal Boulevard.
He said the area is covered in the Clear Creek Master Plan, which was contained in a
memorandum of agreement between the City of Iowa City, the City of Coralville and Southgate
Development. He said the main purpose of that agreement was to provide for the construction
of Camp Cardinal Boulevard. The memorandum also shows the commercial on the subject
property and some other areas along the boulevard and then residential.
Miklo said the Comprehensive Plan for this area is the General Comprehensive Plan and it
shows, as does the Clear Creek Master Plan, the possibility of commercial of office research
development. He said because the area is currently zoned for office research, changing this to
residential as proposed by the applicant would require a Comprehensive Plan Amendment. He
said the current zoning is Interim Development Office Research Park (ID-ORP) because in the
past there wasn't the infrastructure in place to allow the general development of this area, but
with the construction of Camp Cardinal Boulevard there is now access to utilities, so it would be
appropriate to change the designation to either Office Research Park (ORP) or some sort of
commercial zoning or a multifamily designation. He said staff feels there may be merit to putting
some part of the area into multifamily development but believes there should be some sort of
concept on how it would be developed due to the sensitive areas it contains and the grade and
how the extension of Camp Cardinal Road running east to west would be facilitated. He said the
proposed zoning would allow up to over 400 multi -family units, which the staff thinks is
unrealistic given the topography. He said the staff is recommending that this item be deferred to
allow the applicant to develop a concept plan or a Planned Development Overlay zoning, which
addresses what is a realistic density on this property, recognize the environmentally sensitive
features, and provide a plan for an east -west roadway connecting Camp Cardinal Road to
Camp Cardinal Boulevard.
Eastham asked if the Clear Creek Master Plan is part of the Comprehensive Plan for the City.
Holecek said it is not part of it but could be used as a guideline.
Eastham asked Miklo just how Camp Cardinal Road could be improved, because part of the
road is not contained in this application.
Miklo said they anticipate that any development that relied on Camp Cardinal Road would have
to build it in order for their development to occur. He explained without a concept plan, they
don't know how it will develop, but staff does feel that it should have access from both
directions.
Eastham asked if in the past the City has required a developer to develop a road as access
even though the road isn't part of their property.
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June 21, 2012 - Formal
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Miklo said there are provisions in the City's subdivision regulations that require off -site
improvements if they are necessary to serve the development.
Freerks opened public hearing.
Glenn Siders of Southgate Development Services representing the applicant said that a large
portion of their property is zoned Interim Development (ID) which makes it hard to market that
property or know how to develop it, and their goal is to get the zoning designated as something
other than that. He said staff is correct in that it needs to be determined as guided by the
Comprehensive Plan what this site is most suitable for. He said what they want to do is
determine the appropriate zone so they can proceed with any type of permanent zoning or
development of this property. He said the entire area is difficult to develop because of the
terrain, which is what prompted Southgate to develop the Memorandum of Understanding,
which also included the County and the school systems. He said Southgate paid seventy -
percent of the improvements for Camp Cardinal Boulevard, while the City of Iowa City and the
City of Coralville each paid approximately fifteen percent. He said he wants to go through the
Memorandum so everyone is on the same page. He said it is a public document that was
approved by both participating municipalities, went through both Planning and Zoning
Commissions and both Councils but there was never any sort of ordinance adopting this. He
said it was an outline of how they thought the area would develop. He said it was reviewed by
both municipalities in 2002.
Siders said if you take twelve units per acre on the twenty-seven acres, then the staff report's
projection of the potential density of 400 units is correct. He said that is not how they are
marketing it. He referred to the Memorandum, which states an average overall density of eight
per acre clustered, so in certain areas you could have as high as twenty units per acre to allow
the cluster. He said there is about forty-five percent open space over this entire development
because of the wooded areas and the slopes, so you need to cluster. Siders said if you use the
eight unit average, you would be down to 221 units, but he is not optimistic that you can develop
that many units on this site.
Siders said in 2005 they went more in-depth with what he called a concept plan. He showed a
picture to the Commission, which he said showed the site more as commercial or office use
rather than a research use. He said they had the designers of their concept plan look at the
developable area, and they found just short of 13.5 acres of this twenty-seven acre parcel,
about half of the entire site, to be land where you can put a building. He said the rest would be
slopes or trees or both. He said they are opposed to producing a concept plan. He said they
have a property now already tied into a concept plan. He said it's harder to sell lots with concept
plans than it is to sell an unzoned lot. He said they aren't opposed to figuring out parameters of
how this gets developed perhaps by getting the bonus rate for the twenty-seven acres but you
only rezone thirteen acres. He said maybe another option would be some kind of conditional
zoning agreement that allows them to work with the staff about how this can be achieved or
developed. Siders said that a having a drawing is not a good deal as far as marketing this site
because then they are tied into one specific design that the buyer may not like. Siders said if
they could identify the areas where structures could be built it would relieve their concerns.
Siders said they have some concerns about Camp Cardinal Road. He clarified that the
Memorandum talks about Camp Cardinal Road when it really means Camp Cardinal Boulevard.
He said the development of Camp Cardinal Road is going to be a challenge because of the right
—of-ways and the topographical challenge of connecting any properties to that road. He referred
to Exhibit B and that staff report alludes to a road connection that doesn't exist. He explained
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June 21, 2012 - Formal
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that what Attachment B did was try to identify the primary roads, Camp Cardinal Road, Kennedy
Parkway, the east -west connection to 965, and possibly another north -south connection. He
explained that there are several red lines on the attachment that aren't roads. He said they are
assuming that the proposed development would be serviced entirely off Camp Cardinal
Boulevard, which will be a challenge due to the approximately twenty-five foot elevation the
boulevard and the flat spot on the hill.
Siders said the 2005 concept is a tool that the City has used when the Cardinal Point South
Subdivision was approved. He said he is assuming that no action will be taken on this tonight,
but he doesn't want this to go dormant. He said he wants some direction from either Planning
and Zoning Commission about what the appropriate use is and at least get the Comprehensive
Plan amended to that use and then figure out how to rezone these 27 acres. He said he thinks
the Comprehensive Plan is the key and they figure out if it's a residential use where they go
from there and how to accomplish that use.
Eastham asked what Sider's preference is.
Siders said his number one goal is to establish what the appropriate use for this is so they can
market it or develop it or both. He said they think some type of residential use is the appropriate
use, not commercial and particularly not Office Research Park. He said they don't think single
family use is appropriate because of all the traffic that is generated from its proximity to Highway
218 as well as Camp Cardinal Boulevard being fairly busy. He said they picked Low Density
Multifamily (RM-12) because that's a reasonable density, the lowest density multifamily zone,
and he doesn't think they are going to get a higher density because of the terrain, particularly if
you observe that eight unit density per acre criteria in the Memorandum. He said once the City
determines the use, then they can get a little more detailed about the slopes or street
connections, how it's engineered and developed or whatever staff is concerned about.
Freerks said they aren't ready to set parameters at this point. She said it's an important step
and the Commission wants to make sure that whatever the mix is, it's right because there's a lot
that rides on it and it's part of the community and they want to make sure they do the right thing.
She said she thinks deferral is obviously the best choice because she doesn't think that the
Commission is really ready to say what they want to do with that land.
Miklo suggested that the next step should be a sensitive areas analysis that would pin down
where the more developable areas are.
Siders asked what that has to do with use.
Miklo said it would give them a sense of what area can realistically be developed and then they
can determine what density is appropriate, and that may include transferring density from some
of that undevelopable land.
Siders said that if it's a residential use, Miklo is correct. He said if it's commercial use, then what
Miklo just said has no bearing on it at all. He said he wants to know if the Commission thinks
that a multifamily zoning is appropriate for this site.
Miklo showed on the plan how a diagonal road conceptually indicates that Camp Cardinal Road
should have an east -west connection back to the boulevard.
Dell Richard, attorney for St. Andrew Presbyterian Church explained that the church owns the
property just across Camp Cardinal Road. He said they want to be a good neighbor and that
Planning and Zoning Commission
June 21, 2012 - Formal
Page 12 of 20
they don't have particular feeling about what the zoning should be. He said their main concern is
the connection between boulevard and road and the responsibility for the road. He said they
expect to be developing that site within the next five years. He urged the Commission to take
into account the development of all one -hundred acres and not lose sight of Camp Cardinal
Road when they are doing the Comprehensive Plan.
Freerks clarified that what they would be doing is a Comprehensive Plan change for this one
parcel.
Robert Wilson of 2205 Harvest Circle, Coralville, passed out some papers to the Commission
and said this is a remarkable project that this Master Plan has done in the last six or seven
years with the new school and a good boulevard. He said now they are down to Southgate's 28
or 29 acres, across the road from the proposed project is St. Andrew's forty acres, and then to
the north his two principals, Jim Napoll and Dave Hecht own 27 acres. He told the Commission
that if they decide to change the Comprehensive Plan, they are going to have to look at the
impact on all the neighboring properties, and there are about eight or nine acres that are in part
or directly owned by Dan Aarons and Jill Armstrong. He said he doesn't know if that affects
Commissioner Phoebe Martin because of Jill's status as a realtor in the same firm. He said
those are all the principal players who he hopes will be good neighbors when they decide how
this property should be developed. He said he agrees with Siders that the property at this point
does need to be marketed. Wilson said they would like to market their twenty-seven acres too.
He said they have some of the same concerns that Siders has. He said that St. Andrews will
hopefully be building their new church on some of their land but will have to decide how the
remaining acres will be used. He said in his hand-out he has a photograph of the Napoll-Hecht
property as it looks over to the back side of Walnut Ridge. He said the staff reports talks about a
large amount of land to the east of the applicant's property, but he said their twenty -acres is
actually smaller than the applicant's property. He said because the remaining land is some of
the prettiest on the southwest side of Iowa City and because the topography is tough, he thinks
they need to proceed very carefully on this. He invited the Commissioners to visit the Napoll-
Hecht property. He referred to a staff photograph looking down at a steep curb cut coming up
from Camp Cardinal Boulevard and a photograph he included in his handouts looking up from
across the street. He said this is a very steep slope. He said he doesn't agree that the Clear
Creek Master Plan is a guideline, as Holecek had referred to it. He said the resolution signed by
all the mayors says the Master Plan was endorsed by the City Council, and he said he doesn't
think that word means that it is actually to serve as a guideline. He said his clients also think that
the Memorandum does talk about old Camp Cardinal Road being upgraded and developed as
part of this, and maybe if all the neighbors get together they can reach an agreement on that.
Wilson agrees there should be some sort of connectivity, but he's not sure how you are going to
get up that hill. He concluded by saying that since the Commission will be changing the
Comprehensive Plan, he hopes they look just as hard at the other side of the road as this side.
Eastham asked if Napoll and Hecht's main concern is access to their property from Camp
Cardinal Boulevard.
Wilson said both the Presbyterians and Napoll and Hecht have access on Old Camp Cardinal
Road and any development that is going to occur on their side of the street is going to require
improvement to that road. He said the question is whether the folks on the other side of the
street are going to pay for those improvements and what the best access is for both properties.
Martin explained that she and Jill Armstrong are independent contractors for the same company
but they do not have a connection with the subject property, so there is no conflict. She agreed
to check with Holecek about the matter, though.
Planning and Zoning Commission
June 21, 2012 - Formal
Page 13 of 20
Freerks closed public hearing
Eastham moved that REZ12-00011 an application an application submitted by Southgate
Development Services for a rezoning from Interim Development Office Research Park (ID-
ORP) zone to Low Density Multifamily (RM12) zone for approximately 27.68 acres of
property located at Camp Cardinal Boulevard south of Preston Lane be deferred until the
July 19th meeting of the Planning and Zoning Commission.
Swygard seconded.
Freerks said she thinks that Office Research Park (ID-ORP) might not be what needs to be at
this site. She said at this point she's just not ready to make a determination. She said she thinks
a sensitive areas study is important for the purchaser, but she understands that Siders is
anxious to market it. She recommended that the Commission take a closer look at the
application and look beyond it at the other properties and how it all connects.
Eastham said from his current perspective, the use of this parcel as residential makes a lot of
sense. He said he would like to find a solution that doesn't involve the applicant having to spend
a great deal more money in terms of engineering studies. He said he understands the staff's
interest in having an idea of how much sensitive areas are involved here in the interest of
finding out how much of the parcel is developable. He said it makes sense to him why the
applicant wants to market it without a concept plan. He said having two access points to the
property from Camp Cardinal Road makes more sense than just one. He said if the three parties
wanted to get together and propose a way of improving Camp Cardinal Road that is mutually
satisfactory to all of them, that would be great and would expedite the process. He said a
Comprehensive Plan Amendment that gives the applicant an idea of what they can do with the
land is something the Commission should be able to do within a relatively brief amount of time.
Freerks said that anything developed in this area will have to have a Sensitive Areas Ordinance
applied to it. She said there will be concept tied to it at some point because of all the issues the
land carries with it.
Miklo said staff's position is that the environmental areas are affected by land use and some
sort of sensitive areas study should be in place because some land uses are more suited than
others to the environmentally sensitive areas.
Freerks agreed and said that might be more important than having a concept at this time.
Thomas said he thinks compatibility issues with adjacent properties is a concern of his and after
listening to the comments about those properties it seems that coming in off Camp Cardinal
Road could be something to be considered. He said he's not clear about the need or importance
of a connection from Camp Cardinal Boulevard particularly given the topography. He said he
thinks how you access the site will be a factor in determining use because it would affect its
relationship to the adjacent properties.
Freerks said it would be wise to make sure that by rezoning this, they don't end up with a deficit
of Office Research Park.
A vote was taken and the motion carried 6-0.
Planning and Zoning Commission
June 21, 2012 - Formal
Page 14 of 20
REZONING ITEM
REZ12-00012: Discussion of an application submitted by Southgate Development Services for
a rezoning from Interim Development Multifamily (ID-RM) zone to Low Density Multifamily
(RM12) zone for approximately 13.90-acres of property located at South Gilbert Street and
McCollister Boulevard.
Miklo showed the subject property and the neighboring area on a location map, aerial views, a
plat for Sandhill Estates which includes this area as Outlot A for future development, and
photographs of the subject property and the neighborhood. He explained that the Interim
Development Zone (ID-RM) is basically a holding zone that allows limited development,
agricultural uses or one house per ten acres. He said the proposed RM-12 zone is intended for
low density multifamily or a mix of housing types including small lot single family, duplex,
townhouses and apartment building. He said if applied to this property it would allow up to 222
multifamily dwelling units but staff feels that is unachievable on this property given its odd shape
and the need for storm water and part of it is within easements. He said staff feels it is
appropriate to remove the ID zone and zone it for development given that Gilbert Street has
been improved, McCollister Boulevard is in place and sanitary sewer and water are available to
the area. He said the property is within the Southeast District Plan, and the Plan has an
illustration for this specific property showing the possibility of limited apartment buildings and
talking about additional uses like townhouse, duplexes, zero lot line or small lot single family. He
said the Plan cautions about putting large concentrations of apartments in any one
neighborhood. He staff thinks some apartment buildings or multifamily along Gilbert Street may
be appropriate but they recommend a transition as you move toward McCollister Boulevard. He
said staff also recommends additional buffering given the public works facility across the street.
Miklo said staff recommends that this be deferred to allow development of a concept plan or
planned development showing how this property could be developed in relation to the policies of
the Southeast District Plan showing a mix of housing.
Eastham said that in the past few years Council approved rezoning the rest of Sandhill Estates
as OPD-5. He said the land use scenario in the Southeast District Plan shows a border that
could be used for townhomes. He asked if townhomes are part of the OPD-5 designation.
Miklo said he believed there are two small clusters of townhomes within Sandhill, and he will get
that specific plan to the Commission for their next discussion.
Freerks opened public hearing.
Glenn Siders of Southgate Development Services said they are interested in getting the zoning
changed in order to market this property. He said he has no problem with the concepts of the
Southeast District Plan and agrees with the City that big apartment buildings up against the
back of single-family homes is inappropriate. He said they would probably eventually ask that
they rezone this RM-12, as it is the least density multifamily that allows mixed housing, without
attaching it to a concept plan. He said he thinks Southgate could easily work out with City staff
the concerns about putting larger buildings along Gilbert Street and other things.
Eastham asked if there is a market for multifamily development in this parcel currently or in the
next five years.
Siders said there appears to be a market for apartments all over. He said they have had
difficulty marketing single family dwellings in this development but he really can't answer
Eastham's question.
Planning and Zoning Commission
June 21, 2012 - Formal
Page 15 of 20
Linda Campion of 765 McCollister Court said she prefers there be no development because it's
wonderful just as it is. She said she wonders how dense the population there could be because
it is within a Fly Zone of the airport. She said as a life-long resident, she has been proud of the
fact that there has never been a part of town that was less desirable than any other, but she has
great concerns about the fact that the southeast portion of the city has been negatively
impacted by rental housing and the types of housing that have been put there. She asked that
the Commission look really hard at what kind of development is put here, and high density is not
necessarily better than single family for this lovely area with its trails, park, and ballparks that
would draw families there. She strongly recommends keeping the kind of houses that are
currently there and limit them to owner -occupied because it will have a positive effect on that
quadrant of the city. She asked that the density be limited because of traffic safety concerns for
the residents and the people using the ballpark. She asked the Commission's help in rendering
a decision that would again make that part of town as desirable as any other.
Holecek said the Fly Zone actually relates to the height of buildings with the regard to proximity
to the airport and location.
Campion asked if twelve-plexes would then not be a problem
Holecek said she didn't believe they would. She said the Runway Protection Zone (RPZ) is
farther north but staff would need to look into that further.
Freerks clarified that the Commission can't say whether something can be owner occupied or
not.
Holecek said you have to zone for the appropriate land use, not for who will live there
Sam Ojeda of 833 McCollister Court said most of the houses along McCollister Court have a
very nice view of the Terry Trueblood Recreation Area, and that's a big selling point of the whole
area. He said even the houses behind McCollister Court are high enough that they have the
view also. He said that's something they need to keep and protect in future planning. He said he
thinks they didn't get enough information and have been left out of the decision process.
Lula Palmer at 803 McCollister Court said she and her husband would support the
recommendation to defer the petition. She said they want to make the Commission aware that
they are not just a collection of houses, but are a neighborhood, and a careful look at how that
property is developed is important to them.
Tim Orion of 823 McCollister Court read through the email opposing the application that he had
sent to the Commission and that is part of the public record. He agreed with Campion that he
would like nothing to be done to this area. He said one of the reasons he bought his house is
the view. He said he thinks townhomes lower the property values and apartments are horrible
regardless of how nice you might try to make them. He said to look out his door and see a
bunch of mediocre buildings is just going to ruin it for everyone. He said that apartments will
increase traffic and noise and will have garbage dumpsters that he'll have to look at and smell.
He said he sees nothing positive that can come from this application for his community. He said
if something is to be built, it should be homes just like the ones that are there now. He said
perhaps they have had trouble selling single lots because this part of town has had a bad
reputation in the past.
Josh Chapman of 840 Oxen Lane said he agrees with the previous speakers that no multifamily
Planning and Zoning Commission
June 21, 2012 - Formal
Page 16 of 20
dwellings should be put in this area. He said it's quiet, it has a prairie grass reserve, a park, and
the recreation area. He said it's peaceful and to add apartment buildings would ruin the area. He
remarked that this development has the potential to bring a nicer development to the south side
of the city whereas other developments have put in multifamily dwellings. He said he would
prefer the area not to be developed at all, but if it has to be, it should only be single family.
Tim Kasparek of 1001 Langenburg Avenue said he totally agrees with everything his neighbors
have already said. He said in 2006 he and his wife were the first to purchase a home in Sandhill
Estates. He said he would agree with Siders that the development has been fairly slow but it
hasn't been helped by Southgate changing covenants in 2007, unfinishing of green spaces and
signage that was never put up along the road. He said from a quality of life standpoint and what
you want out of a neighborhood, it would sad to see this happen. He said the City needs to take
a look at what they want that area to represent. He said this is an area of the City that is
completely different than other areas of town and to throw up something mediocre would be a
disservice to the entire city.
Brian Herren of 853 McCollister Court said he agrees with what his neighbors have said. He
said the reason he and his family moved in this year was because of the aesthetics and how
you can see the Terry Trueblood Recreation Area. He said if you put up RM-12 that would be up
to thirty-five feet and thirty-five feet would block everybody on the first and second tier from
viewing anything across the road. He said his preference is that there is no development there,
but if there has to be something put up, he would want it to be single family. He said he had
been under the impression that this land wouldn't be developed. He mentioned also that there
shouldn't be any access onto South Gilbert because of the congestion with the ballpark being
there. He said he doesn't see a market for apartment buildings so far from the downtown. He
said his biggest concerns are that what goes in matches the community, the aesthetic appeal,
and that anything is limited to two stories or less.
Bob Domsic of 800 McCollister Court said he has been inspired by his neighbors to approach
and speak. He said he echoed his neighbors' sentiments. He said the south side of the city has
a number of social challenges that make this area undesirable, mainly education and crime. He
said the City has made efforts to ameliorate those problems and if low density multifamily
residences are brought to this area it could undermine the City's efforts of conservation,
preservation and desirability of this location. He added that there is an endangered box turtle in
the area that he spotted on his property recently and that people need to be cognizant of this
fact.
Alex Hechman of 843 McCollister Court echoed the thoughts of his neighbors. He said they are
part of the Twain School District that faces certain challenges due to the transient nature of the
many apartment buildings in that district so adding more apartments would have more negative
impact on the school. He urged the Commission to work with the school districts to investigate
the re -districting they are undertaking at present.
Richard Arthur of 893 McCollister Court said his first impression of Sandhill Estates was that this
was an area where they wanted to conserve nature. He said if apartments were to built across
from where they live, it would change their neighborhood completely. He said when everyone on
McCollister Court moved in they never envisioned apartment buildings behind them.
Stephanie Chapman of 840 Oxen Lane said she shared the sentiments of her neighbors who
have spoken. She said she loves the dynamic of the neighborhood and putting in apartment
buildings will change that. She said she doesn't think anyone driving in to Iowa City would like to
see a group of large apartment complexes — it wouldn't be nice to look at, it wouldn't be
Planning and Zoning Commission
June 21, 2012 - Formal
Page 17 of 20
beneficial, no one would enjoy the extra traffic on an already busy road and would be
particularly dangerous for the large packs of bicyclists who use that road in the summer. She
asked Southgate if they plan on marketing this land and selling it to someone and if they do that,
would they then not have any rules or regulations that they have to follow to follow what is
already created in their community.
Brian Herren of 853 McCollister Court added that they value the Terry Trueblood area as an
oasis of sorts, and apartment buildings don't fit into that scheme. He said it's good to have an
area where families are there for the long-term and value the sense of community.
Tom Carroll of 883 McCollister Court said they just moved in last Wednesday and were told by
their realtor that the subject property was green area owned by the City. He said they would
support not having apartment buildings there. He asked about the history of the box turtle and if
the area can really be developed with a protected species in residence.
Miklo explained during the original development of Sandhill Estates the DNR had a plan to
relocate the box turtles. He said staff would check with DNR and see what was done.
Tim Orion of 823 McCollister Court reiterated that he is opposed to not only apartment buildings,
but also townhouses, zero -lots and duplexes because in effect, they are only smaller apartment
buildings and will have negative impact on the area.
Michael Chan of 927 Oxen Lane said he intends to live there for a long time so he wants to
keep that area as safe and habitable for all generations.
Freerks closed public hearing.
Eastham moved that REZ12-00012, an application submitted by Southgate Development
Services for a rezoning from Interim Development Multifamily (ID-RM) zone to Low
Density Multifamily (RM12) zone for approximately 13.90-acres of property located at
South Gilbert Street and McCollister Boulevard be deferred until the July 19"' meeting of
the Planning and Zoning Commission.
Thomas seconded.
Freerks urged the speakers to remember that they have created community and they will
continue to have that no matter what happens. She said the current zoning indicates that
multifamily zoning should be considered. She said she's sorry that some of the speakers had
been misled that it was a park. She said it will be developed unless the neighbors can pool their
money and buy it. She noted that she has a twelve-plex in her back yard, and it's still a great
place to live and she has good neighbors. She said they need to see a planned development or
concept plan for this with buffering taken into consideration.
Eastham said he makes as many of his decisions as possible by referencing the
Comprehensive Plan. He said the revised land use scenario map for this district shows this area
as appropriate for single-family, small lots, duplexes, townhomes and some apartment uses. He
said those scenarios are in keeping with the Comprehensive Plan's overall intent for every
district to provide housing for everyone in the community including all those housing types. He
said he lives in a townhome complex with a generational mix that does just fine, so he's looking
forward to seeing what we can work out with the development for this parcel.
Thomas said it's important that the people of Iowa City have an interest in matters that affect
Planning and Zoning Commission
June 21, 2012 - Formal
Page 18 of 20
their lives, such as was the case tonight. He said that many people have a negative connotation
about multifamily dwellings. He said he thinks that the Peninsula is an area that has been
thoughtfully designed with a mix of single and multifamily. He said the multifamily development
needs to be done in a way that will be compatible in scale and character with the existing
community. He said he does understand the speakers' concerns thinking about multifamily in
the abstract, but the Commission will have the opportunity to review a concept plan. Thomas
said a concern of his is that where there is interface between a single family residential
neighborhood and something that may be of a different building type that it's done properly, and
with the concept plan they have that option.
Freerks said what she's hearing that what the neighborhood really wants is community, is
people who are invested as much in the neighborhood and how to reach that point.
Martin said what the City has done in this area of town has been great in terms of adding more
value where there hasn't been a lot of development. She said a continuation of the theme done
appropriately is important.
Dyer said however the land is developed, this neighborhood is virtually surrounded by parks,
and those won't be lost. She said it will be developed at some time, and perhaps the speakers
can talk to the developer about how it can developed compatibly.
A vote was taken and the motion carried 6-0.
AMENDMENT ITEM
Discussion of an amendment to Title 14, Zoning Code, to exempt blocks with three or fewer
home lots from front setback averaging.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to approve the recommended adjustments to the front setback
averaging provisions in the Zoning Code as contained in the staff memo of June 15tn
2012.
Martin seconded.
A vote was taken and the motion carried 6-0.
OTHER:
ADJOURNMENT:
Eastham moved to adjourn.
Dyerseconded.
Planning and Zoning Commission
June 21, 2012 - Formal
Page 19 of 20
The meeting was adjourned on a 6-0 vote.
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