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HomeMy WebLinkAbout05-03-2012 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Monday, April 30, 2012 - 5:15 PM Informal Meeting Iowa City City Hall Helling Conference Room 410 E. Washington Street AGENDA: A. Call to Order B. Roll Call Thursday, May 3, 2012 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street C. Public Discussion of Any Item Not on the Agenda D. Rezoning Items 1. REZ09-00003: Discussion of an application an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS-8) zone to High Density Single Family Residential (RS-12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. 2. REZ12-00007: Discussion of an application an application submitted by The University of Iowa for a rezoning from Public (P) zone to Community Business Service (CB-2) zone for approximately 1.3- acres of property located south of Harrison Street between Clinton Street and Dubuque Street. (45 day limitation period: May 18, 2012) E. Consideration of Meeting Minutes: April 5, 2012 F. Other G. Adjournment Upcoming Planning & Zoning Commission Meetings Informal May 14 1 June 4 June 18 July 2 Formal May 17 1 June 7 June 21 1 July 5 City of Iowa City MEMORANDUM Date: April 27, 2012 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to re -activate REZ09-00003 (Walden Woods, Part 7, Lot 79) The applicant for REZ09-00003, Southgate Development, has requested to re -activate their application for a rezoning of Walden Woods, Part 7, Lot 79. In 2009 the applicant requested that this rezoning request be deferred pending resolution of issues related to storm water drainage. At the time they were trying to work out an agreement with the Walden Court Homeowners Association to allow storm water to drain from constructed basins on the subject property through the private storm sewer pipe located along Walden Court. The parties were unable to reach an agreement, so the applicant is now proposing an alternative system of managing the storm water and have submitted a new concept plan (see attached) showing how the water will outlet from constructed storm water basins into an overland drainage swale that will extend south across the MidAmerican pipeline easement and connect into the public storm sewer located along Rohret Road. They have received permission from MidAmerican Energy to construct this overland swale on the pipeline easement. The City Engineer has reviewed the concept plan for storm water drainage and has agreed to allow this type of design, provided that at the time of development the drainage system is designed to meet all City engineering standards. A memo from the City Engineer is attached. As noted in the original staff report, the request is for a rezoning of this property. Therefore, the site plan submitted by the applicant is only a conceptual representation of the proposed development. The property must go through a preliminary and final platting process before any development activity can occur. At the time of development the site plan, infrastructure improvements, and buildings will all have to meet the City's engineering, building, and zoning standards. The original staff report is attached for your review and consideration. The analysis contained in that report is still relevant today. Also attached is the public record from the Planning and Zoning Commission meetings in 2009, including the minutes and all correspondence. Note that additional correspondence has been received recently due to the re -activation of this rezoning request and is attached. RECOMMENDATION Staff recommends that REZ09-00003, a request to rezone approximately 4.29 acres of property from RS-8 to RS-12 be approved, subject to a conditional zoning agreement that specifies the following: • At the time of development, the storm water management system will be designed and constructed in accordance with the City's Engineering Design Standards, including the required detention and outlet criteria; April 27, 2012 Page 2 • At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties; • Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation; • Access to all of the units shall be from a rear lane that connects to Walden Road; • No direct vehicular access shall be allowed from Mormon Trek Boulevard; and • At the time of development, a minimum of three visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Attachments: • Memo from the City Engineer • 2012 concept plan • Recent correspondence • 2009 staff report • Correspondence received in 2009 • Related minutes from 2009 Planning and Zoning Commission meetings r :.® CITY OF IOWA CITY MEMORANDUM Date: April 26, 2012 To: Karen Howard, Planner From: Ronald Knoche, City Engineer Re: Lot 79, Walden Wood Part 7 Storm Water Management In 2009, Southgate Development was trying to negotiate an agreement with the Walden Court homeowners' association to connect the outlet pipe from the proposed detention basin into a private storm on Walden Court. Southgate Development and the Walden Court homeowners' association were not able to come to agreement for the use of the private storm sewer. In October of 2011, Southgate Development and its consulting engineer met with Engineering Division to discuss other alternatives. The final proposal discussed was to construct a storm water detention basin on Lot 79 that would allow the outlet to surface flow over the pipeline easement to the West of Walden Court and then into the storm sewer system along Rohret Road. Southgate Development has been given approval by MidAmerican Energy to grade a drainage swale in the pipeline easement area. The Engineering Division will allow this design for the storm water management for Lot 79 as long as the required detention and outlet criteria are met. It is also understood that the proposed drainage swale will not negatively impact the adjoining properties. This approval is in concept only and the final approval will be made through the design review process. w J al n -- oo• RgIREt aoio LAVd'GOOMN30lVM'GL101—j1N3Wd012�3031159NINOZ3M 3.rL,fL6BN ZZ'l0� � �qq. ire y I _ .if 7 RP 1 ,p• �k da �. 03 E i " ------ gs� E I E z G r' `-' ---'-`-[mean S I fa3 W I � I ry gx r o � I I i;r I I I q I I u P s ,} L-------------J z ,o k 3 'N eY g�ii@i ze7el �Y3�Y�� i��8�$7a��y��n'yM z Q a a a IIIIs o L1n IIIII � III�I�� a w : d#9�p�x�oag�3Kes�sa..a:exx9�::` 1111$Ilssl"s"sal�f III - ?� s0109Toeee®e®EadpQ�vo�eB'p0A►dp® O ii j Wo omma ww-ov'"iiwow J W o� oa.cwi o'mai ir< vNSO COw yo=WV 'bi< N�'�rczwrc���Ew� Qoz zN �s'ow$W$ 3xo> Yak EY RyB� b p= wo ooa ii oo� b Y�b bb�b aOr w�� z rzFprc� eeoa g.g8a <_ U�� -z��Ui Jozorc w wo qY q Ob Wao= «am aom zp NXL Q �r :d� 99 w NN E rco=?N6 u 9oxo z5¢0 a �iIIIIII�I III, • a w d � : y i M tl oil April 261h, 2012 Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission The purpose of this letter is to provide comment and opinion regarding the application (REZ09-00003) submitted by Southgate Development Company for a rezoning of a 4.29-acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12). My wife Meigen Fink and I are resident homeowners of a property (Walden Wood part 3, lot 17) that shares the applicant's west border. We would like to bring to the attention of the Commission some issues related to this application. Of great importance, the need to provide an acceptable solution to dealing with water runoff has been identified as a major issue. This concern should be examined carefully before proceeding with consideration of the application. This issue affects Walden Court residents, as they are directly downhill from the parcel. Also affected are the property owners sharing the parcel's western border. The low- lying lots adjacent to the narrow rectangular strip extending south to Rohret Road are particularly susceptible to problems with poor drainage. A solution to the applicant's drainage issue should provide consideration to the adjacent lots. We think it is important to illustrate to the committee the soggy conditions we have experienced in our ownership of our property for the last 13 years. So, why is there a water problem? The reason is that there are many properties feeding water into a very flat zone having a high water table and a narrow, poorly designed outlet. Even during a "normal" precipitation year we have areas of soggy turf and standing water over a sizable area at the lower part of our lot. These conditions persist between rains due to a high water table. A heavy thunderstorm creates a rapidly flowing creek across our lot due to the steep terrain above us and to the west. During a wet year the affected area on our lot grows considerably in size and Is characterized by significant ponding, soft, doughy turf, and a continuous welling up of ground water that runs over the surface and onto the applicant's parcel. These types of problems are also found on the two "downstream" neighboring properties as well. Our neighbors to the south are not as fortunate as we are. In a dry year conditions improve significantly on our lot, but even in a dry year the neighbors' water issues can be moderate to severe. The miserable state of our back yards is a regular topic of conversation. We have enjoyed the drier conditions of the past year. If you were to visit the area today you would find less evidence of the problems described above for average to wet years. When one examines the plan for the current proposal submitted by the developer it appears the intent is to divert some or even all of the runoff water from the development into a surface drainage swale extending toward and through the narrow southern portion of the parcel to a proposed storm drain at Rohret Road. Although the proposed plan for storm water diversion might seem logical we must make the committee aware of the longstanding issue of poor drainage and swampy conditions existing in the narrow rectangular strip extending south to Rohret Road and that these conditions extend into portions of the adjacent residential properties. Of note is the presence of the MidAmerican gas pipeline easement running through the applicant's parcel along the western border. Having the pipeline there greatly restricts the options for effective groundwater removal. We assume the developer is proposing an over -the -ground drainage swale system because of this reason. Important drainage swale considerations: ❑ Will the swale be created above existing grade or dug -in below ground? What about the MidAmerican pipeline? (If constructed above ground then there is the risk of raising the water table in the problem area or creating a situation where the neighboring backyards become the lowest elevation.) ❑ Will the swale be constructed as full-length, all the way to the new storm drain, or will it stop short and spill out onto the flat? (Possible uncontrolled movement of water to bordering properties.) ❑ Will the proposed storm drain at Rohret Road be positioned low enough? (If the storm drain elevation is too high then chronic ponding may worsen. Please consider that siltation over the course of many years has likely raised the ground level near Rohret Road.) ❑ Will construction of a swale on the southern flat cut off the small creek channel that carries water from the west, thereby creating a backup situation? (New swale should NOT cut off the existing surface flow.) ❑ Will groundwater from the west be properly directed to the new proposed storm drain? (Currently, water must cross the applicant's property and make its way through a narrow outlet to a drainage box located between Walden Court and Rohret Road.) ❑ The proposed swale area is heavily wooded and shaded. Will trees be removed? Will anything be able to grow on the swale or will it have a liner and rock? (If not then what is to prevent it from washing away or silting in on the low end?) To summarize the drainage issue we believe the latest proposal by the developers to handle the storm water runoff will introduce potentially large amounts of new water into a flat area with a history of chronic insufficient drainage. The result may be a worsening of retained water issues experienced by us and by our neighbors to the south. Any proposal to introduce new runoff from the east MUST provide consideration for drainage water feeding into the applicant's parcel from the west as far as Coll Drive. The applicant's drainage remedy should not impede water entering via underground or over the surface as acute runoff. Aside from the drainage issue a concern related to upzoning is that a high -density development may create an overflow -parking problem that would filter out into the surrounding neighborhood. Given the unusual size and somewhat limited usable space of the applicant's land sufficient on -site parking may not be accounted for. Our contention is that upzoning and adding a high -density development would likely bring an influx of additional cars with nowhere to go. Single-family residents on Walden Road and Jensen Street may find vehicles frequently parked in front of their homes long term where there were none before. We have observed that illegal parking on the prohibited side or Walden Road occurs on a regular basis. Of particular concern is the single entry/exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some 2 overflow parking spots. For safety's sake sufficient no -parking zones in the proximity of the entrance would be key to maintaining a proper margin for driver visibility. The land under consideration shares intimate borders with areas of development that maintain the quality characteristics of medium density neighborhoods. In our view a high -density development in place on the applicant's land would likely have an adverse effect on the integrity of the surrounding neighborhoods. OPD/RS-12 and RM-12 zoned areas are already present a short distance to the north and south of the applicant's parcel. As this is the last remaining undeveloped parcel in the immediate area, we feel that development of this land under current RS-8 zoning would complement the character, scale, and pattern of the surrounding residential development. In summary, it is our view that the rational development of this property does not support the upzoning of the land. The developer must provide compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. Development of the land under the current RS-8 zoning designation retains the most appeal. We feel the developer has not devised a suitable remedy for the water runoff issue and that the proposed drainage plan would have a substantially adverse effect on the use or value of our property and other properties in the area adjacent to the applicant's parcel. We thank the members of the Commission for their careful consideration of our input. Sincerely, Brian Fink 44 Coll Ct Meigen Fink 44 Coll Ct Iowa City, IA 52246 Iowa City, IA 52246 Spring 2010. 44 Coll Court. Illustration of high water table and groundwater retention. Bottom: Walking in our back yard. 6-15-2010. Stormwater entering the back yard of 44 Coll Court, Iowa City. Stormwater exiting onto applicant's property. 6-15-2010. Stormwater exiting the back yard of 44 Coll Court follows a small creek channel across the pipeline easement at the southern end of the applicant's property. Karen Howard Subject: FW: Walden Road rezoning application From: Kevin Den Adel [mailto:kdenadel@mchsi.com] Sent: Wednesday, April 25, 2012 7:52 PM To: Plan ningZoningPublic Subject: Walden Road rezoning application Dear Iowa City Planning and Zoning Committee: I am writing in response to the Southgate Development Company's rezoning application for the Walden Road propery by Mormon Trek Boulevard. I am unable to attend the May 3 public meeting due to work conflicts, but I have concerns about the proposed rezoning and want to make sure they are considered and part of the record. I reside at 54 Coll Court, so my back yard is adjacent to the strip of land which will contain the proposed "drainage swale" from the new development towards Rohret Road. My back yard slopes back up towards that land, so it becomes a collection area and takes significant time to drain after rainfall. My concern is that this drainage system will potentially funnel more water from that land onto my back yard and make an already poor situation even worse. I request that the Planning and Zoning Committee provide me with assurance that this project will not adversely affect my drainage situation. Both of my next -door neighbors (44 Coll Court and 45 Coll Court) deal with similar drainage issues in their backyards, so this project will also potentially affect their situations. Thank you for considering my concerns, and please let me know if you need additional information from me prior to the May 3 meeting. Sincerely, Kevin Den Adel 54 Coll Court Iowa City, IA 52246 Karen Howard Subject: FW: ZONING ON LOT 79 From: rtcary@earthlink.net [mailto:rtcary@earthlink.net] Sent: Wednesday, April 25, 2012 3:43 PM To: PlanningZoningPublic Subject: ZONING ON LOT 79 A few years ago, I saw on the Iowa City website the city considered lot 79 of Walden Woods to be one of the most sensitive lots in the entire city. You will not see why driving by or stopping at Walden Road. You have to come over to where I live on Walden Court, which are the units to the south of lot 79. You must park your car and walk to the sidewalk between Walden Court and lot 79. You will see that many of the slopes on lot 79 are very steep, almost vertical. In the 1995 staff report about lot 79 (the lot has a long history this was April 20, 1995), it indicates "when the retirement center was constructed to the north of this parcel, problems with drainage and erosion resulted in adverse impact on the condominium property to the south along Walden Court." It is now 17 years later and my complex still has problems with large amounts of storm water and dirty water that lays down silt on our property. [Silt fabric will let this dirty under or through the fabric.] It is not possible to consider rezoning and subdivision as two different processes. To solve the problems the land may need to be down zoned rather than up zoned. Southgate will tell you they can fix the problems, but it has been more that 17 years and they still have not fixed the problems. Looking at the material the city sent out dated April 20, 2012 there are so many problems I can not list them all; however, I will list a few. There was general agreement that the 2009 site plan would not work to solve all problems and the 2012 plan has less problem solving features that the 2009 plan. Southgate was to use (in 2009) the Walden Court storm sewer to remove significant amouts of water in the middle of lot 79, but the city said our storm system was not up to city standards. Thus, there will be much water in the middle of lot 79 that will cross the surface over to our property. Southgate removed a large retention area (was in 2009 plan, but not in 2012 plan) that was behind units I to 3 in the 2009 plan. Southgate indicates they will put a swale on the gas easement; however, no details are provided. It looks like the areas on lot 79 will drain more water to Walden Court then to the easement. The holding area behind units 4 and 5 has steep slopes 18-25%, but this area is inches away from our sidewalk ----- kids walking along the sidewalk will fall in the holding area. The bottom line is lot 79 may need to be down zoned rather than up zoned. Wait until the city staff has found solutions that will work. Richard Cary, 2416 Walden Court STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard Item: REZ09-00003 Lot 79, Walden Wood Part 7 Date: July 16, 2009 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard P.O. Box 1907 Iowa City, IA 52244-1907 Contact Person: Glenn Siders Phone: (319) 337-4195 Requested Action: Rezoning from RS-8 to RS-12 Purpose: Development of residential townhouses Location: Lot fronts on both Walden Road and Mormon Trek Boulevard Size: 4.29 acres Existing Land Use and Zoning: Vacant / RS-8 Surrounding Land Use and Zoning: North: retirement home - OPD/RS-12 South: attached SF residential - OPD-8 East: utility substation - OPD-8 West: single family residential - OPD-8 Comprehensive Plan: Single family /duplex residential Southwest District Plan File Date: June 25, 2009 45 Day Limitation Period: August 7, 2009 BACKGROUND INFORMATION: Lot 79, Walden Wood Part 7 is the last remaining parcel of undeveloped land within the Walden Wood subdivision, which has been developed in various stages since the early 1980's and contains a variety of single family and attached housing types. Lot 79 is an irregular parcel of land that slopes steeply from north to south and has limited frontage on two streets, Walden Road and Mormon Trek Boulevard. While the property is only 200 to 300 feet in width from north to south, it extends approximately 720 feet from east to west. There is a 100-foot wide gas pipeline easement that forms a 450 foot "dog leg" along the western edge of the property. Due to the sloping nature of the lot storm water drainage is a concern and will need to be carefully designed when the parcel is developed. 2 The applicant, Southgate Development, has requested a rezoning from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12). The applicant has requested RS-12 zoning in order to allow development of single family townhouses, which are proposed to be clustered along the frontages of Walden Road and Mormon Trek Boulevard. This clustering will allow more open space on the interior of the lot to construct storm water detention facilities to improve drainage in the area. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. However, the applicant has agreed to meet with representatives of the Walden Court condominium association to see if an agreement can be reached with regard to designing storm water management facilities for the proposed development, which may require connection into the private storm sewer system within Walden Court. ANALYSIS: Comprehensive Plan: The subject property is located in the Willow Creek Subarea of the Southwest Planning District of Iowa City. The Southwest District Plan indicates that this area is appropriate for single family and duplex residential. The plan mentions this property specifically given that it is one of several undeveloped parcels in the subarea. It states that the property "will require careful design due to its topographic conditions and the unusual shape and size." The applicant has requested rezoning from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12) and has provided a proposed lot layout indicating the intent to develop 18 townhouse -style, attached single family dwellings that would result in a residential density of approximately 4.2 units per acre. While this proposed residential density is at a level that would be allowed in the current RS-8 zone, the lot configuration and topography make it difficult to develop detached single family homes or duplexes, the allowed housing types in the RS-8 zone, without constructing another street. RS- 12 zoning will allow more flexibility to cluster the dwelling units along the limited street frontages thus avoiding construction of a cul-de-sac, which would be costly and land -consuming and not add to neighborhood street connectivity. By clustering the units and limiting the amount of paving, more of the lot will remain open space that can be used to manage storm water run-off and provide an amenity to residents. Staff finds a number of additional positive aspects to the proposed rezoning and lot layout: • The proposed residential density is compatible with surrounding development. The surrounding neighborhood contains a mix of attached and detached single family dwellings. The Walden Place retirement home is located directly to the north of the subject property. The retirement home faces the corner of Walden Road and Mormon Trek Boulevard with its parking area abutting the north property line of the subject property. • It allows development of townhouses, a popular and affordable housing type; • RS-12 zoning contains standards for townhouse dwellings that require that main entrances face the street, which is one element that helps create a residential appearance along the street. Garages are required to be located behind the dwellings and accessed from a rear drive. • The comprehensive plan encourages compact infill development in proximity to neighborhood services. Residents of the area will have easy pedestrian access to Walden Square, a nearby neighborhood commercial area. 3 There are a number of issues that remain to be resolved in order for this property to be developed: ■ Achievable residential density: It should be noted that there are a number of factors that could affect the actual number of dwelling units that can be achieved on this property, so the 18 units shown on the concept plan should be considered an estimate. The concept plan indicates that the drive will access Walden Road through the gas pipeline easement. The applicant will need to get permission from the gas company to build the drive in this location. Without this permission, the drive will need to be moved further north, which would likely reduce the number of dwellings possible along the Walden Road frontage. The sloping site may also be a complicating factor. Site grading, construction plans, and design of the stormwater management system will be other factors that may affect the number of dwelling units. These details will have to be worked out during the subdivision process. However, staff recommends that substantial compliance with the proposed lot layout be a condition of rezoning. • Vehicular and Emergency Access: The concept plan indicates that access to all the dwelling units will be from Walden Road. Staff supports this concept because it avoids additional driveways onto Mormon Trek Boulevard, an arterial street. To ensure that this concept is followed during the subdivision process, staff recommends that it be a condition of rezoning. Due to the length of the driveway and the configuration of the lots, the drive will need to be designed for emergency vehicles with a width of at least 20 feet and a turn -around that meets Fire Code standards. Given the compact lot configuration and the lack of on -street parking along Mormon Trek Boulevard, staff suggests that the applicant provide 3 or 4 visitor parking spaces along the private drive in a location that is convenient to the units along Mormon Trek Boulevard. • Open space and sensitive lands: The applicant has indicated that they would like to dedicate the land where the gas pipeline easement is located to the City to meet their open space requirement. The Parks Commission will look at that question, but it does not have to be resolved until a subdivision is proposed on the site. Similarly, when the applicant is ready to subdivide the property, they will have to submit a grading plan and sensitive areas site plan that indicates any disturbance of the steep and critical slopes on the property. These issues can be resolved during the subdivision stage, at which time a detailed grading plan will. be required and open space fees will be calculated. ■ Storm water management: - As mentioned previously, drainage is a concern for this property due to the sloping topography. Water from the site drains over land on to the neighboring Walden Court condominiums. Walden Court has a private storm sewer system, so there is currently not a means of piping the stormwater run-off from lot 79 into the public storm sewer system. The City Engineer has indicated that even if detention basins are built on the site they will need to have an outlet that connects by a pipe into the public storm sewer system. That may necessitate working out an agreement with the Walden Court homeowners' association to tap into their private storm sewer pipe in order to drain the water out to the public system along Rohret Road. In addition, the site will have to be graded to create an acceptable over -land route for the large storm events. To facilitate resolution of the drainage issue, staff has been in contact with representatives from the Walden Court homeowners' association and are trying to set up a meeting early next week between the homeowners' association, the applicant, their engineer, the city's engineer, and planning staff. In absence of acceptable plan to deal with storm water drainage, staff cannot recommend approval of this rezoning. Staff recommends deferral until the matter is resolved. RECOMMENDATION Staff recommends that REZ09-00003, a request to rezone approximately 4.29 acres of property from RS-8 to RS-12 be deferred until there is a plan for storm water management that meets City standards. If the storm water management issues are resolved to the satisfaction of the City Engineer, staff recommends approval of REZ09-00003 subject to a conditional zoning agreement that requires general compliance with the submitted concept plan regarding lot configuration and layout, rear drive access to all of the units from Walden Road, no vehicular access drive allowed from Mormon Trek Boulevard, and provision of a minimum of three visitor parking spaces along the rear drive near the units that front on Mormon Trek Boulevard. ATTACHMENTS: 1. Location Map 2. Concept plan Approved by: Robert Miklo, Senor Planner, Department of Planning and Community Development y' L 1?1Vd '00011A N30lVM '6L 101 mna iNarvao�an�a ups �ninoz3Y Y N N •y�� � Y� 5 a 3 a f 1V -- i ------ •I! ! � it i a , ill -dill $vol vrwxastww°xe jz iozYb ' F'w'� r — _ use g � 9 }' - � v {e• I e - { ' O a O Z a U ac�arr Rojo E e 98 e- $g r yyy : gti $ gg�yy ^ y�R City of Iowa City MEMORANDUM Date: August 14, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to defer REZ09-00003 (Walden Woods, Part 7, Lot 79 The applicant for REZ09-00003, Southgate Development, has requested a deferral of this item. They are still working out the details of an agreement with the Walden Court Homeowners Association with regard to storm water management. The applicant hopes to have an agreement in place prior to your September 3 meeting. City of Iowa City MEMORANDUM Date: August 28, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to defer REZ09-00003 (Walden Woods, Part 7, Lot 79) The applicant for REZ09-00003, Southgate Development, has requested another deferral of this item. They have not yet come to an agreement with the Walden Court Homeowners Association to use the private storm sewer pipe in Walden Court to convey the storm water run-off from detention basins on the proposed development site to the public storm sewer along Rohret Road. Until such an agreement is reached staff continues to recommend deferral. Given ongoing public interest in this proposed rezoning, staff will make every effort to inform surrounding property owners of the status of this item. The deferral request has been noted on the agenda that is posted to the City's website and in the newspaper. In addition, once the applicant is ready to proceed, we will send out notification by mail to all property owners within 300 feet of the property and any others that have provided input regarding this application. Attached is a letter received this week from a neighboring property owner regarding this rezoning item. Karen Howard From: rtcary@earthlink.net Sent: Thursday, July 02, 2009 2:09 PM To: Karen Howard Subject: Lot 79 Walden Woods In the past, letters from the city about this lot have had much more information about the projects. It is like you are hiding something. I live at 2416 Walden Court directly south of the project. My building has flooded because of storm water from this land. I have the following questions. Has this project been approved by both city staff and city engineers? Will this project use our private storm sewer pipes as has been proposed in the past? Are you going to allow slopes up to 40% on this land? By my math you are going to allow 30 cubic feet of water per minute off this lot on to our lot ---is this true? The water comming off this lot does not drain directly south. Once the water gets on the sidewalk it flows to the east toward the back of my building which is very low. Did Hall and Hall Engineers look at the land to the south of this project? It appears that much soil on lot 79 will have to be moved to make way for the road. How are you going to stabalize this land? This project is going to cause the people at Walden Court many problems. Who will pay if my building floods again? I have pictures of past problems from this lot. Richard Cary 1 Page 1 of 1 From: Aaron Stump [aaron.stump@gmail.com] Sent: Thursday, July 09, 2009 9:49 AM To: PlanningZoningPublic Subject: Walden Road (REZ09-00003) Dear Iowa City Planning and Zoning Commission, We are just writing to express our general support for the rezoning of the parcel of land on Walden Road, west of Mormon Trek Blvd. We live at 1156 Mormon Trek Blvd., in the Willow Creek Condos, just on the opposite side of Mormon Trek from the proposed rezoning area. We are generally supportive of responsible development in Iowa City, and see no difficulties personally if that parcel were redeveloped. Even if it included road access to Mormon Trek, it would not cause us any significant foreseeable inconvenience (the only possible issue being the fact that such road access would enter Mormon Trek at around the same point as our road access from Willow Creek Condos) -- but we note that the proposed plan does not include road access to Mormon Trek. Best regards, Aaron & Madeliene Stump 1156 Mormon Trek Blvd. (Willow Creek Condos) 7/9/2009 July 14, 2009 Planning and Zoning Commission c/o Janet Dvorsky Administrative Secretary Department of Planning and Community Development 410 East Washington Street Iowa City, Iowa 52240-1826 Re: Walden Road (REZ09-00003) Dear Members: First of all, thank you so much for serving on this Commission. I realize that this membership puts you in a no -win situation, but hope that the interesting situations you encounter make the time you spend worthwhile. On the matter of the Walden Road rezoning, I have the following comments: 1. I have lived on the corner of Jensen Street and Walden Road for 15 years and this neighborhood's families care about the appearance of their homes. Every yard and home is well kept with timely lawn mowing and snow removal. 2. My greatest concern is the density of people that will be added to this neighborhood. I have witnessed the conduct of inhabitants of the duplexes along Walden Road and find the number of cars connected with them is alarming. Each duplex has a double garage but this is not sufficient for the occupants. They will have four cars in the driveway, some on the lawn (not legal), and the open parking on Walden Road (along the proposed townhouses) is always full. So, if the 18 townhouses rent to four people and of course, they all need a car; this will add 72 more cars in this area. This is alarming especially since this area is not eligible for busing to Weber School. Every day (regardless of weather) I see at least a dozen children from the rentals behind Kum N Go on Morman Trek walk to school. This increase in cars undoubtedly will contribute to greater danger to any pedestrian. 3. The maintenance by the occupants of the townhouses has been very questionable. They don't seem to own a snow shovel and as a walker I find it dangerous to use that side of the street. No appreciation of the neighborhood is apparent. A number of the people in our neighborhood are self-appointed litter "picker -uppers." 4. Walden Road has a great amount of traffic. It is used as a throughway to Rohret Road to avoid the stop light at Rohret Road and Mormon Trek. Also, there are a large number of homes (once again, with at least two cars per household) who use Walden Road numerous times a day. Therefore I find the added density of cars and people (negligent in the area of appreciation of neighborhood ideals) to be very alarming. Now, I have a solution. Iowa City needs a botanical center. Wouldn't it be wonderful to have an area with native trees, plants, and sanctuary for birds, etc.? We could name it the Braverman Botanical Center. A more meaningful tribute to the man as opposed to more townhouses. I can hear you laughing way out here to Jensen Street. Thank you for considering my thoughts. Sincerely, argaret Loomer August 25, 2009 Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission, We are submitting comments regarding the application (REZ09-00003) submitted by Southgate Development Company for a rezoning of a 4.29-acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS-12). My wife Meigen Fink and I are residents of a home on property that borders the applicant's land along the west side. We would like to bring to the attention of the Commission a set of issues related to this application that include the character and scale of the proposed development concept and the potentially negative effect that a high density development would have on the surrounding neighborhood if the application were approved. Our first concern is that a high -density development would likely create an overflow -parking problem that would filter out into the surrounding neighborhood. Given the unusual size and shape limitations of the applicant's land we find it highly unlikely that enough off street parking would be included in a plan designed to maximize unit density. The basis of this thinking comes from our observation of the five duplexes located on the stretch of Walden Road situated on the hill leading up to the proposed entry of the applicant's land. The development of these duplexes by Southgate in the mid 1990s has attracted a population of those who appear to be University students, as we have observed a yearly turnover of residents. There is the impression from the number of vehicles associated with these residences that there is one car per bedroom in these units. Our contention is that upzoning this land and adding a high -density development would likely bring an influx of unrelated persons living together, and likewise a large number of cars with nowhere to go. Of particular concern is the single entry/exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some overflow parking spots. In our assessment, potential vehicle overflow from the - proposed development would promote the parking of vehicles further down Walden Rd and Jensen St. Single-family residents on those streets would now find vehicles frequently parked in front of their homes long term where there were none before. The frequency of illegal parking on the prohibited side of Walden Road would likely increase, causing concern for emergency vehicle access. Certainly the intent of the original base zoning (RS-8) for this area was that the majority of vehicles owned and operated by the residents who live there year round would be parked off-street. There is the likelihood that this premise would be violated if high -density zoning is granted. — 2 — August 25, 2009 The land under consideration shares intimate borders with areas of development that maintain the characteristics of a quality neighborhood, namely the Walden Court and Coll Court neighborhoods. A high -density development in place on the applicant's land would likely have an adverse effect on the integrity of these neighborhoods that border it. The surrounding land was developed in stages over many years and yet the immediate area retains a zoning of RS-8 or OPD-8. In our conversations with longtime residents of this area it was learned that residents organized to protect and uphold the character of the medium density development area in which we live, despite past attempts to upzone nearby properties. Increased traffic and noise is not what is desired on this tract of land that sits between a quiet retirement facility (Walden Place) and a neighborhood of widows and retirees (Walden Court). High -density development may have an effect to lower resale values of bordering properties. As it is the last remaining undeveloped parcel in the area, we would welcome development of this land under current RS-8 zoning and feel it would complement our neighborhoods. The solution to dealing with storm water runoff has been identified as the largest issue to overcome before proceeding with consideration of the application. This issue is of most concern to the Walden Court residents, as they are directly downhill from the development. We would, however, like to point out that the drainage issue directly affects fifteen property owners directly to the west of the parcel under consideration for rezoning. The entire backyard runoff from each of these fifteen lots is funneled down through the four properties that border the pipeline easement on the west. This drainage is then required to cross the pipeline easement to reach a city storm water receptacle near Rohret Rd. The south end of the pipeline easement is very flat and swampy. This effectively renders portions of three of the bordering properties mucky and useless. Having lived in our home for more than 10 years, we can attest that there has been a worsening of the drainage over time as a gradual silting -in occurs. For this reason we want the commission to know that though we are a much smaller part of the drainage equation, we have been affected by the problem on a long-term basis as well. Much of the pipeline easement is sloped so that it adds to the runoff. Any grading or construction over the upper end of the easement, as is proposed in the concept plan, may compound our backyard drainage issues. This may occur if silt from soil grading during construction finds its way to the south, compounding already - poor drainage. In summary, it is our view that the rational development of this property does not support the upzoning of the land. The developer has not provided enough compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. We feel the developer has not fully supported all variance approval criteria in section 14-413 of the Iowa City Zoning Code. Development of the land under the current RS-8 zoning designation retains the most appeal. Sincerely, t � , Brian Fink Meigen Fink 44 Coll Court 44 Coll Court Iowa City, Iowa 52246 Iowa City, Iowa 52246 August 31, 2009 Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission, I am submitting comments regarding the application (REZ09-00003) submitted by Southgate Development Company for a rezoning of a 4.29 acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS-8) to High Density Single Family Residential (RS- 12). I would like to bring to the attention of the Commission a set of issues related to this application that include the character and scale of the proposed development concept and the potentially negative effect that the concept development would have on the surrounding neighborhood if the application were approved. My concern is that a high -density development would likely create an overflow -parking problem that would filter out into the surrounding neighborhood. The basis of this thinking comes from our observation of the five duplexes located on the stretch of Walden Road situated on the hill leading up to the proposed entry of the applicant's land. The development of these duplexes by Southgate in the mid 1990s has attracted a population of those who appear to be University students, as we have observed a yearly turnover of residents. There is the impression from the number of vehicles associated with these residences that there is one car per bedroom in these units. My contention is that upzoning this land and adding a high -density development would likely bring an influx of unrelated persons living together, and likewise a large number of cars with nowhere to go. Given the unusual size and shape limitations of the applicant's land we find it highly unlikely that enough off street parking would be included in a plan designed to maximize unit density. Of particular concern is the single entry/exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some overflow parking spots. In our assessment, potential vehicle overflow from the proposed development would promote the parking of vehicles further down Walden Rd and Jensen St. Single-family residents on those streets would now find vehicles frequently parked in front of their homes long term where there were none before. The frequency of illegal parking on the prohibited side of Walden Road would likely increase, causing concern for emergency vehicle access. Certainly the intent of the original base zoning (RS-8) for this area was that the majority of vehicles owned and operated by the residents who live there year round would be parked off- street. There is the likelihood that this premise would be violated if high -density zoning is granted. It is my view that the rational development of this property does not support the upzoning of the land. The developer has not provided enough compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. I feel the developer has not fully supported all variance approval criteria in section 144B of the Iowa City Zoning Code. Development of the land under the current RS-8 zoning designation retains the most appeal. Sincerely, 4L, L -"7"" Jinhua Xiang 2601 Walden Rd. Iowa City, Iowa 52246 0 MINUTES APPROVED PLANNING AND ZONING COMMISSION JULY 16, 2009 — 7:30 PM — FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Michelle Payne, Tim Weitzel, Elizabeth Koppes, Wally Plahutnik, Josh Busard, Charlie Eastham MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Glenn Siders, Kim Edge, Kevin Don Adel, Meigen Fink, Jason Mascher, Brian Fink, Libris Fidelis, Dorothy Dayton, Glen Stockton, Brian Maass RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7-0 to approve SUB09-00004, an application submitted by Arlington Development for a preliminary plat of Stone Bridge Estates Part 6-9, a 102-lot, 36.32 acre residential subdivision located north of Court Street, south of Lower West Branch Road, west of Taft Avenue. CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING USE ITEM: REZ09-00003: Discussion of an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS-8) zone to High Density Single Family Residential (RS-12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. The 45-day limitation period for this item is August 7, 2009. Eastham announced that he was a member of a Board that has an interest in this application and recused himself. Howard described the property as irregular in shape, and as the last remaining parcel of the Walden Wood subdivision located at Rohret Road, Mormon Trek Boulevard and Walden Road. The Walden Wood subdivision has been developed over the last 30 years, Howard said. Howard presented an aerial photograph for a better idea of the surrounding area and its topography. Just to the north of the parcel is a retirement home. Across the street are some single family homes and duplexes. To the south is a condominium association with attached units. A MidAmerican power station is to the east of the parcel. Howard shared several photographs which showed various viewpoints of the parcel, noting the slope from north to south on the property. Howard said the applicant has submitted a concept plan. She noted, however, that this application was just for a rezoning, and that the concept plan was intended to show how the property would be developed in the future if it was rezoned. The plan shows the developer's intent to further subdivide the property into individual townhouse lots. The concept plan illustrated 18 units that front on both Mormon Trek Boulevard and Walden Road. There would be a private, rear drive with access to the garages behind the units. Howard advised the Commission to keep in mind that this is a concept plan, not a subdivision application at this point. Planning and Zoning Commission July 16, 2009 - Formal Page 2 Staff reviewed the Comprehensive Plan to determine if the application was compatible with its vision for the area. Howard said the property is in the Willow Creek area of the Southwest Planning District. The district plan indicates that this area is appropriate for single family and duplex residential. The plan specifically mentions this property, as it is one of the few remaining undeveloped parcels in that area. The plan states that the property will require careful design given its topographic conditions and its unusual shape and size. Howard said that the topography and shape would make the property difficult to develop into detached single family homes, which is what would be allowed under the current zoning of RS-8; thus, the request for a rezoning to RS-12. The level of density being proposed would still fall under the RS-8 zoning levels; the RS-12 zoning is being requested to allow for attached townhome-style single family dwellings. Howard noted that there were a number of positive aspects to the proposed rezoning and lot lay -out. The proposal is compatible with the density of the surrounding development, which has quite a mix of different housing types. It allows the construction of townhouses, a popular and affordable housing type. The RS- 12 zone contains requirements for the main entrance of a dwelling to face the street and for a rear drive with garages behind, both of which give the dwellings more of a residential appearance. The Comprehensive Plan encourages compact infill development, Howard said, as well as proximity to neighborhood services. Howard said this property is close by a neighborhood commercial area and would therefore be a good location for additional housing. Howard noted, however, that there are a number of issues that still need to be addressed. First, the concept plan submitted is just that, a concept plan, and as such the achievable residential density cannot actually be determined until the property is designed and engineered. If, for example, MidAmerican Energy does not allow a driveway to be located over the gas pipeline easement, it may mean that fewer dwellings can be achieved. Vehicular and emergency access will need to be from Walden Road, as the City will not allow another access from the heavily trafficked Mormon Trek Boulevard. With access coming from a private rear drive, it will have to be designed to accommodate emergency vehicles. The applicant has also indicated that they would like to dedicate the land that contains the gas pipeline to the City as open space. This idea has been forwarded to the Parks and Recreation Commission, but will not be officially decided until a subdivision application is received. Howard said the biggest outstanding issue was storm -water management. Drainage is a concern for this property due to the sloping topography. The water from the site drains from north to south over land onto the neighboring Walden Court Condominiums. The applicant has proposed a system of one or more stormwater detention basins, but these basins would need to have an outlet into a storm sewer pipe. Given that the only feasible storm sewer available is the private system that serves the Walden Court Condominiums, the developer will have to get permission from the Walden Court Homeowners Association for this connection. Before development can occur, there will need to be an agreement between the Walden Court Condominium homeowners' association and the developer to get the water drained off the property properly. Staff met with both parties today and it sounds like they are willing to work together to come to some sort of resolution. Until a final agreement can be worked out, staff is recommending deferral of this application for rezoning. If the developer and condominium association come to an agreement whereby the proposed development can tie into Walden Court's private storm sewer so the water can drain out to the public storm sewer along Rohret Road, then staff recommends proceeding with consideration of the rezoning application. Howard noted that the City Engineer has indicated that the City may be willing to take over the private storm sewer system in Walden Court if is it determined to be up to City standards. Staff recommends that the application be deferred until the next Planning and Zoning meeting so that an agreement can be reached between the condominium association and the developer on the issue of drainage. If at that time no agreement has been reached, then Staff would recommend indefinite deferral of the application. The staff report outlines Staffs other recommendations, to be resolved after the drainage issue has been worked out. There were no questions for Staff and the public hearing was opened. Glenn Siders, Southgate Development Services, said that he understood that the matter would be deferred at tonight's meeting and that he would not waste the Commissioner's time with a presentation, but that he is available for any questions. He said that he has no conflicts with Howard's presentation or Planning and Zoning Commission July 16, 2009 - Formal Page 3 the staff report. He said that he is optimistic an agreement can be reached, and that each time the two parties have met over the last two years they have come closer to reaching an agreement. Kim Edge, 2633 Walden Road, said she had lived in her residence for 15 years. She said that she and her husband are hoping that the Commission will not rezone the property to be higher density because they are concerned about noise and traffic. Edge said that the neighbors had been asked by the City to vote ten years ago as to whether or not they wanted this strip of land returned to native prairie. She said that while the residents had voted in favor of returning the property to prairie, the prairie never came to fruition. She said she once called the City to ask what had become of the prairie idea and that the person she spoke with knew nothing about the vote. Freerks asked Miklo if he could show what strip of land Edge might be talking about. Miklo pointed to an area on the map where the gas pipeline easement is located north of the subject property and asked if this was the park land to which Edge was referring. She said that it must be. Miklo said it was an area that was dedicated to the City for a park when the property to the north was developed. He said that generally the Parks and Recreation Commission develops parks with resident input, and that may be the process to which Edge was referring. He said that Staff could check on it. Kevin Don Adel, 43 Coll Court, described himself as a homeowner at the end of Coll Court, in the middle of the cul de sac. He said that he wanted to make sure that the homeowners adjacent to the property are a part of the discussions concerning drainage. He said the adjacent properties currently had some water in their back yards, and he is worried that what might be a solution for the condominium association and the developer, may prove to exacerbate the water problem for other neighbors. He said he just wanted to ensure that homeowners like him are included in these discussions. Freerks asked for clarification on whether Don Adel was a member of the homeowners' association that had met with Staff and the developer earlier in the day. Don Adel said he was not. Meigen Fink, 44 Coll Court, said that she lived right next to Don Adel. She said her family has lived in that residence for nearly 11 years and has had drainage problems almost the entire time they have lived there. She said that her back -yard is always wet, and that they have assumed it is coming from over the hill. Fink said she worries that if this property is developed her yard will become a swamp. Fink noted that where the proposal suggests a sidewalk, currently a wooded easement area exists which she fears will be disturbed. She said she also had concerns about the type of properties that will be developed there and the types of people who will be living there. She asked if the storm -water retention would involve ponds; something which concerned her because there are many small children in the area. Freerks asked Siders if he would mind addressing the concept plan's drainage system. Siders said that he is presently anticipating two storm water basins, and that they are trying to design a system that would shed the water from the parcel into the ponds. Siders said that re -grading the area will go a long way toward assisting neighboring properties with their drainage problems. Siders said the basins would be designed as "dry bottom" ponds, meaning that there is no water in them except when there are heavy rain events. Siders also explained that the rectangular section on the west side of the property is something the Parks Department is looking at. He said that department will determine whether or not a sidewalk would be desirable there. He said that the walkway easement that is shown on the map currently was actually vacated some years ago. Siders said that some language about making a connection between Walden Road and Mormon Trek Boulevard along the northern boundary of the property was involved in that vacation, but that that would probably be renegotiated once the platting of the property begins. Koppes said she thought Fink's other question might be related to the number of units in the development that could be dedicated to low-income housing. Siders said he did not have a clue, and that he did not anticipate any right now. Greenwood Hektoen said that the Commission really should not consider who will be living in the unit. She said the job at hand is to consider what the best use of the land is. She said that zoning cannot be done based on who may live in a certain area, but should be based on the compatibility of the use with the neighborhood. Income level should not be a factor, Greenwood Hektoen said. Planning and Zoning Commission July 16, 2009 - Formal Page 4 Busard asked how many single family homes could be built on the land if it kept its RS-8 designation. Siders said two homes at best. Siders said there are access issues as he does not think access would ever be granted off of Mormon Trek. He said there is a 100 foot gas line easement that is very limiting. He said it could probably be subdivided into two single family lots. Miklo said that Staff looked at that question and had felt that it might be possible to get four homes on Walden Road with the required 40 foot lots and rear access. He said whether it would be viable to get four more lots on the Mormon Trek side for single family was questionable. Jason Mascher, 45 Coll Court, said he and his wife had moved to their home in April. His concern is the drainage issues in his back yard. He said that all of the neighborhood yards are wet as there is not enough grading for the water to run toward the ravine behind his home. Mascher said that he is worried that the drainage issues would be exacerbated by further development and that he too would like to be a part of discussions with the developer, the condominium association, and Staff regarding drainage. Mascher said he is definitely not in favor of a sidewalk that runs from Walden to Rohret Road as it would severely disturb the privacy of the four homes in his area. He said he is in favor of more single family homes rather than a higher density development. Brian Fink, 44 Coll Court, said that in addition to his concerns about drainage, he had major concerns about the trail shown going through the easement. The easement serves as a very valuable, heavily wooded buffer, Fink said, between his neighborhood and the new development to the right. Fink said he would suggest moving the trail from its proposed location further away from the property lines to promote privacy. Howard suggested that she could clarify this issue somewhat. Howard said that when the property was originally subdivided, there was an agreement to have a sidewalk, a public access in that location. Freerks asked how long ago that was. Miklo replied that he believed it was in the 1980's. Howard said that a portion of the sidewalk was built behind the Walden Court condominiums, but the portion in the gas pipeline easement was never built because the developer asked to have that portion vacated because it was too steep to make it accessible. The City agreed to vacate that easement. Howard explained that even though the easement does appear on the map, it really is no longer there and should be taken off of the map. Howard further explained that there is no plan by the developer to put a sidewalk in that location; it is a remnant on the map of former plans. The developer would like to dedicate the 100 foot wide gas pipeline easement to the City as an open space designation. This would then become park land if the Parks and Recreation Commission agreed to accept it. It would not be until the Parks and Recreation Commission accepted the land that discussions as to what to do with it would take place. Freerks noted that there would be public discussion and conversation about what became of the park. Howard said that was correct, and that at this stage the Parks and Recreation Commission has not even had a chance to take a look at it. Miklo pointed out that to the south of Rohret Road there is a trail that is dedicated to the City as a part of the parks system. The trail goes through the Mormon Trek Village area. Miklo said that the thinking at one time was that it might be possible to extend that trail up through the pipeline easement and through to the north. Miklo said that Parks and Recreation will look at topography as one basis for making its decision about the land's use. Miklo said there is some discussion that the topography of this piece of land may be too steep for a trail. He suggested that property owners in the area who wished to weigh in on the matter send an e-mail or letter to the Parks and Recreation Director. Freerks noted that the necessary e-mail address is available online or could be found by contacting Staff. Jason Mascher, 45 Coll Court, asked who he could get contact information from for Southgate or Walden Court residents in order to collaborate with them. Freerks advised Mascher to wait until the Commission finished and then to talk to Siders directly. She said if he had any troubles he could contact Staff. Libris Fidelis, 320 South Dubuque Street, said that although he had arrived late due to his attendance at a different Commission's meeting, and had neither seen the plans for the development nor heard the discussions regarding them, he would advise against any high density housing for the area as it would not really fit in with the neighborhood. Fidelis said that given the strange shape of the parcel, trying to cram a large number of units into the area could give the wrong impression and would be like an old-fashioned trailer park. Fidelis said that he sympathized with the developer and the property owners, but that he just did not see high density as a good option for that piece of property. Fidelis said there are small houses Planning and Zoning Commission July 16, 2009 - Formal Page 5 located all over Iowa City that have 1600 square feet or fewer. Fidelis said that smaller houses of this type could be offered to low-income individuals with some sort of steady income; however, not for those who are simply impoverished. Fidelis said there is a need in the community for small residences for low income individuals and retirees. Fidelis said that he personally would like to purchase such a home on Park Street; however, given the economic situation and his own lack of funds, he is left out completely of such an opportunity. He stated that high density housing in that neighborhood would detract from it and would generally not fit in. Dorothy Dayton, Walden Court, said that she has a little trouble seeing why high density would not fit in nicely in that space. Dayton said that on the right side of Mormon Trek there are townhomes; south of Rohret Road there are also townhomes and a condominium association; Walden Court is duplexes. Dayton said that it seemed to her that there was high density development in that neighborhood already so she did not see how Southgate's plan was out of sync with the neighborhood. She said it certainly seemed like a better use of the land than to let it sit there vacant. Dayton said that Southgate's plan leaves about 83% of the land without buildings on it. She said that the property will undoubtedly be developed sometime, and that this is the best plan she has seen for it. Jason Mascher, 45 Coll Court, said he disagreed with Dayton. He said that he believes that having the area less densely populated is also a viable option, and one he wishes the developer would more fully investigate. Mascher said that while there is a mix of housing in the area, if one asked the families in the surrounding neighborhoods, most of them would say they prefer a lower density than that currently proposed by Southgate. There were no further comments and Freerks closed the public hearing. Payne motioned to defer REZ09-00003, a request to rezone approximately 4.29 acres from Medium Density Single Family Residential (RS-8) zone to High Density Single Family Residential (RS-12), until there is a plan for storm -water management that meets City standards. Koppes seconded. Miklo said that the deferral would be until the August 6th agenda. If there is no resolution prior to August 6`h, then the meeting would be cancelled and the issue would be put on the August 20th agenda. Freerks noted that generally a deferral would have to be granted by the applicant at this point. Miklo said that the 45-day limitation period would have to be waived in order for the matter to be deferred beyond the August 6th meeting. Siders indicated that a waiver would be granted if needed. Miklo said that interested parties could check the City's website closer to the 6th, or call into the Planning office that week to make sure there is a meeting. Weitzel said the landscape was clearly steep and that it was obvious something would have to be done on drainage issues given the number and variety of comments on the subject. He said he thought it was entirely appropriate to defer. Freerks said it is clear that there are some issues that have to be worked through and that regardless of what sort of development takes place on the lot in the future, it would have to be something that improves the drainage situation overall and does not make things worse. Freerks said this was something she would be looking at as she considers the matter. She agreed that deferral was the best course for now. A vote was taken and the motion carried 6-0 (Eastham abstaining). DEVELOPMENT ITEM: SUB09-00004: Discussion of an application submitted by Arlington Development for a preliminary plat of Stone Bridge Estates Part 6-9, a 102-lot, 36.32 acre residential subdivision located north of Court Street, south of Lower West Branch Road, west of Taft Avenue. The 45-day limitation period for this is August 10, 2009. Miklo said that the preliminary plat of Stone Bridge Estates, parts 5-9, was approved in 2006. Miklo explained that Part 5 is down along Court Street and that it has been final platted, allowing the developer 2 MINUTES APPROVED PLANNING AND ZONING COMMISSION AUGUST 20, 2009 — 7:30 PM — FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Michelle Payne, Tim Weitzel, Elizabeth Koppes, Wally Plahutnik, Josh Busard, Charlie Eastham MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Patricia Patton, Margaret Loomer, Sheila Cushing, Peter McNally, Glen Meisner, Brenda Christener RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-1 (Plahutnik voting no) to approve REZ09-00004, an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The Commission voted 7-0 to approve REZ09-00005, an application submitted by The Breese Co., LLC for a rezoning from Community Commercial (CC-2) zone to Intensive Commercial (CI-1) zone for approximately 3,450 square feet of property located at 611 Southgate Avenue. The Commission voted 6-0 (Busard abstaining) to approve SUB09-00006/SUB09-00007, an application submitted by Johnson County Extension Service for a preliminary and final plat of Johnson County Extension Service, a 1-lot, 1.64 acre subdivision located at 4265 Oak Crest Hill. CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING USE ITEM: Discussion of an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS-8) zone to High Density Single Family Residential (RS-12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. The 45-day limitation period for this item has been waived. Eastham announced that he was abstaining from consideration of this item. Freerks noted that the applicant has requested the item be deferred to the September 3rd meeting of the Planning and Zoning Commission. Howard noted that the property owner is negotiating with the owners of Walden Court Condominiums regarding drainage issues and that is the reason the deferral was requested. Freerks said she would open the public hearing on the matter in spite of the deferral as there seemed to be some people present who wished to speak to the issue. Planning and Zoning Co .. ission August 20, 2009 - Formal Page 2 of 9 The public hearing was opened. Patricia Payton, 2428 Walden Court, said her property is at the bottom of the hill from the property being considered for rezoning. She said that her property has suffered water damage many times and that until the association hired a lawyer and an engineer, no cooperation from Southgate, the adjacent property owner, had been forthcoming. Payton said clay and mud run-off from Southgate's property had been a problem ever since the trees and vegetation had been removed fifteen years prior. She said that some neighbors had foundation issues as a result of the clay and mud, and some had issues with the interiors of their homes. Payton said that the idea of densely populated construction on that site is a scary thing to the homeowners below it. Payton said that a lake often forms in the yards of homeowners at the bottom of the hill as a result of run-off from that property. She said the neighbors have had bad experiences with this property and that she is not convinced of Southgate's claims that they will be good neighbors if allowed to rezone the property. She said that she herself has considered moving because of this issue. Freerks asked if the run-off issues had continued within the last year. Payton said that she had had water issues, but that she had had to dig out around her foundation and reinforce it with stone in the past to prevent further mud and clay issues. Payton said that the neighbors had had to install heavy duty fencing to catch the mud as it slid down the hill and prevent it from covering their sidewalks. She said the property was mowed about once a year and had been graded once in about ten years. She said that because the property is a hillside, there will be nowhere for the water to go but down if buildings are constructed on it. Freerks asked if Payton had attended any of the neighbor meetings with Southgate. She said she had but that the information provided had not satisfied her that the development was a good idea. Payton said she believed that by deferring, Southgate is trying to wait out the neighbors until they no longer show up at the Planning and Zoning meetings. Margaret Loomer, 1248 Jensen Street, said she had safety concerns with the development. She said the parking in the area is not sufficient for the density of the area already, much less if the proposed condominiums were built. Loomer said that Walden Road is notorious as a short cut from Rohret Road to Mormon Trek, and that as a result there is quite a bit of traffic in what is supposed to be a quiet neighborhood. Loomer said she is concerned for children who have to walk to school in the neighborhood. She also is concerned about the aesthetics of the neighborhood, especially if the development is intended to be renter -occupied. Loomer said she would like to see the density cut down some at the very least. Sheila Cushing, 2409 Walden Court, said she wished to reiterate the concerns about the traffic flow. She said there is no stoplight and no way of making provisions for one at Walden Road and Mormon Trek, and that it is somewhat of a blind turn for those attempting to make a left turn there. She said adding a high -density unit there would really obstruct traffic flow. She said that the drainage and traffic issues should both be taken into consideration. Freerks closed public hearing. Weitzel moved to defer to the September P meeting. Koppes seconded. Koppes asked if the applicant had indicated if they would be ready by the September 3rd meeting. Freerks noted that it was the applicant who wished to defer to that date. Koppes said it would be a shame to have everyone come back on the 3rd and then have the matter deferred again. Howard said she had been in contact with the Walden Court Homeowners' Association and Southgate and would continue to monitor the situation. Miklo said that people could call the Planning Department or check the website to make sure the matter was on the agenda before coming to the meeting September 3rd. He said he would also like to point out that the Planning and Zoning Commission will begin meeting at 7:00 p.m. instead of 7:30 p.m. as of the September 3rd meeting. Plahutnik asked if he was correct in believing that this matter would not proceed at all until there was an agreement with the homeowners' association regarding the drainage problem. Howard said this was Staffs recommendation. Freerks said that the Commission would make that determination, but that as Planning and Zoning Co ^mission August 20, 2009 - Formal Page 3 of 9 she had expressed previously, she certainly was not interested in making the drainage issues worse than they were presently. Howard said the drainage agreement in question is one that would allow the developer to tie in with the private storm -water system owned by Walden Court. Further drainage issues would be resolved at the subdivision level. Howard said it would be difficult to find a way to properly drain the property without tying into the private drainage. Payne noted that if no agreement was reached it would continue to drain the way it did now, which was also unsatisfactory to the neighbors. Howard said ultimately the property could not be developed without dealing with the drainage issues. A vote was taken and the motion to defer passed 6-0 (Eastham abstaining). Freerks advised the public to check in with city staff regarding the September 3ro meeting to see if the item would be deferred to a later date. REZ09-00004: Discussion of an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The 45- day limitation period ends September 7, 2009. Howard stated that Interim Development is a designation given to land that has been annexed, but has no public services available to it and is not yet ready for development. She explained that this is a sort of "holding" zone for land. These zones allow certain agricultural uses, single family homes and very limited development. The future zoning for this particular area is marked out to potentially be multi -family residential and single family residential. The request is to allow cell towers in the area. Staff did some research into what other cities in Iowa were allowing and found that many cities were allowing towers in similar zones, though there were strict guidelines and it usually had to go through a special exception process. Howard said that Staff developed language modeled after the zoning code language for Neighborhood Commercial zones and their provisions for cell phone towers. Howard said that Staff recommended including the strict restrictions found in the Neighborhood Commercial (CN-1) zones if the Commission decided to go forward with allowing towers in Interim Development Residential zones. Howard said that one concern is that communication towers will detract from the aesthetics of future residential areas. Howard said the design of cell phone towers has evolved to be less obtrusive. Howard said that either stealth/camouflage design or mono -pole designs could be incorporated into a residential setting. She said that Staff believed that so long as the location of these towers was carefully considered by the Board of Adjustment they could be allowed without detriment to the aesthetics of the area. She noted that there have been issues of poor cell phone coverage in the area, particularly in the northeast area of the city. Howard led the Commission through a series of maps showing areas that could possibly be affected. Busard asked if increasing the height restriction from 120 feet to 150 feet would better serve Staff's goal of having towers co -located. Howard said that it would depend on the tower and its desired coverage, but that 120 feet provided plenty of range. Busard asked about the setback requirements for the towers, and Howard explained that the setback requirements applied only to adjacent residential properties. Plahutnik asked where towers are currently allowed, and Miklo explained that towers are currently allowed in industrial zones and are allowed by special exception in the commercial and public zones. Plahutnik said that he would like to see a map showing where the towers are currently allowed and located to be able to determine if this change was necessary. Howard said topography was a factor in the effectiveness of towers. Payne noted that in the special exception process the applicant would have to prove that the tower could not be effectively placed in an area that already allowed the tower. Howard said an applicant would have to: 1) check to see if the tower could be co -located on an existing tower, and then 2) check to see if there are any other industrial or commercial properties available, and, finally, 3) take it before the Board of Adjustment. To: Planning & Zoning Commission Item: REZ12-00007 (Sabin School) GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Robert Miklo Date: May 3, 2012 University of Iowa 2660 University Capitol Centre Iowa City, IA 52242 David Kieft 319 335 5052 Rezoning from P to CB-2 To allow the property to be developed for commercial uses. South of Harrison Street between Clinton and Dubuque Streets 1.3 acres Former school building and parking lots North: Post Office and Federal Building - P-2 South: Residential - PRM East: Residential - PRM West: Parking lot and Residential — P-2 and PRM Public and Mixed Use April 3, 2012 May 18, 2012 These properties are located south of Harrison Street between Clinton and Dubuque Streets with frontage on all three streets. There is an alley that divides the western property with frontage on Clinton and Harrison Streets from the eastern property with frontage on Dubuque and Harrison Streets. The western property contains a parking lot and the eastern property contains the former Sabin School on the north and a parking lot on the south. Until recently these properties were the site of the administrative offices of the Iowa City Community School District. The University of Iowa has acquired the properties with the intention leasing or transferring them to MidwestOne Bank. In exchange the University is acquiring the MidwestOne Bank Home Mortgage Center and drive -through bank on the west side of Clinton 2 Street between Burlington and Court Streets where the University plans to build the new music school. To allow private use of these properties they must be rezoned from Public to one of the City's other zoning districts. The applicant is requesting that the properties be rezoned to Central Business Service (CB-2). This area is within the Riverfront Crossings District for which the City is currently preparing a detailed redevelopment plan. After completion of that plan we anticipate that the area will be rezoned to a mixed use zoning classification that is being drafted to implement the Riverfront Crossings Plan. MidwestOne Bank has applied for two special exceptions. One to establish a temporary drive - through bank on the west side of the Sabin School Building and one for a permanent drive - through facility to be located on the west side of the alley with access from Harrison Street. The Board of Adjustment will consider these applications on May 9th. Board approval of the special exceptions would be conditioned on approval of the rezoning to CB-2 ANALYSIS: These properties and the surrounding area are located with the Downtown District of the Comprehensive Plan. The area is also located with the Near South Side Plan that was adopted in 1995 as part of the Comprehensive Plan to guide redevelopment of property south of Burlington Street. These plans identify this area as being appropriate for government and mixed use development. As noted the Riverfront Crossings Plan will provide a more detailed plan and zoning proposal for the area. The proposed CB-2 zoning is intended to allow for the orderly expansion of the Central Business District, to serve a transition between the intense land uses located in the Central Business District and adjoining areas, to enhance the pedestrian orientation of the central area of the city, and to provide suitable, peripheral locations for auto -oriented commercial and service uses. The zone is intended to accommodate mixed uses but at a lower intensity than permitted in the Central Business zones. The CB-2 zone allows most commercial uses. Drive -through businesses are allowed by special exception subject to approval by the Board of Adjustment. Residential uses are allowed above the ground floor. The zone requires no building setbacks, except where lots abut residential lots. In such cases side and rear setbacks at least equal to that required in the abutting residential zone must be provided. West of the alley, the property to the south is zoned Planned High Density Multi -Family (PRM) so a 5 to 7-foot setback would be required from the south property line. East of the alley the abutting property on the southwest is zone PRM so a 5 to 7-foot setback would be required adjacent to that lot. The CB-2 zone has a height limit of 45 feet and a Floor Area Ratio (FAR) of 2. Staff anticipates that the CB-2 dimensional standards will be replaced when a zoning districted is adopted to implement the Riverfront Crossings Plan. The Henry Sabin School Building was built in 1917 at 509 S. Dubuque Street. It has been determined to be eligible for the National Register of Historic Places. MidwestOne Bank intends to use the building temporarily as a home mortgage center and drive -through bank until a permanent facility is built on Clinton and Harrison Streets west of the alley. We anticipate that the zoning code for Riverfront Crossings will contain incentives to encourage reuse of historic buildings as well as guidelines for redevelopment if they are replaced with new construction. In staffs opinion the intent and zoning requirements of the CB-2 zone are compatible with the existing adopted plans for the area. The mixed uses allowed by the zone are also compatible with the policies being formulated for the Riverfront Crossings District. Until such time as new zoning codes are adopted to implement the Riverfront Crossings Plan, the CB-2 zone would be PCD\Staff Reports\rez12-0007 midwestone.doc 3 an appropriate zoning classification for these properties. STAFF RECOMMENDATION: Staff recommends that REZ12-00007 an application to rezone approximately 1.3 acres of property from Public (P) to Central Business Service (CB-2) zone be approved. ATTACHMENT: 1. Location Map 2. Aerial Photo Approved by: 7 "T/ � _�Z� Jeff Davidson, Director, j Department of Planning and Community Development PCD\Staff Reports\rez12-0007 midwestone.doc 0 <, 1 �d R Q N n O O O O J� T N W _ ' 4-J N 1 vi . rn .. o Ln Z j L a U O LLI 1-4 PLANNING AND ZONING COMMISSION PRELIMINARY APRIL 5, 2012 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Beth Koppes, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Bob Miklo, Sarah Walz, Sarah Greenwood Hektoen OTHERS PRESENT: David Kieft, David Ricketts, Jeff Morrow, Brenda Nelson, Jean Walker, Bill Bogert RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 5-1 to recommend approval of VAC12-00001, an application submitted by The University of Iowa for a vacation of the street right-of-way located adjacent to 1-8 Melrose Place subject to the following conditions: 1. Vehicle access to the parking area from Melrose Place will be one-way. A gate or other device will allow public entry to the lot but will block exit from the lot to Melrose Place. 2. The University will improve the remaining part of Melrose Place right of way including the reconstruction of Melrose Place parking with curb and gutter, four foot sidewalks, sanitary sewer abandonment as needed, water main improvements, and management of storm water. 3. The final parking area design should meet substantial compliance with the City's parking design standards and the Director of Planning and Community Development will have approval authority of the design. 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. VACATION ITEM VAC12-00001: Discussion of an application submitted by The University of Iowa for a vacation of the street right-of-way located adjacent to 1-8 Melrose Place. Walz showed maps indicating the area of vacation and Lots 1-8 currently owned by The University of Iowa on Melrose Place, which are planned for demolition to become part of a Planning and Zoning Commission April 5, 2012 - Formal Page 2 of 14 parking lot. She said these properties are in the process of being rezoned to P-2, which is the Institutional Public zone. She explained that the City's regulations do not apply to the P-2 zone, but the City does offer them as guidance for the minimum standards for parking areas. She stated that with the expansion of The University of Iowa Children's Hospital some parking is going to be displaced, and this proposed lot is to make up for that lost parking. She said that the area that is being vacated includes a portion of the street as well as unpaved portions, specifically on the east side of the street. She explained that right of way typically extends beyond the paved street because that is where sidewalks and utilities are placed. She explained that in the staff analysis to decide if it is appropriate to vacate right of way they look at its impact on pedestrian and vehicle circulation, the impact on the ability to serve it with emergency access and utility vehicles, the impact on access for the adjacent private properties that remain, and the desirability of right of way for other circulation needs. She explained that with this proposal, public right of way, which is currently substandard and has neither curb nor gutter, would remain along Melrose Place. She said the public street would be widened and the university would resurface it and provide curb and gutter, in addition to a four foot wide sidewalk along the west side of the street. She noted that the three properties that would remain and an apartment building that has a Melrose Avenue address will get their vehicle access from this street. Walz said that in initial discussions with the university staff was concerned because the access point off of Melrose Place onto Melrose Avenue is just 50 feet or less from the Hawkins Drive access, with the latter two being very busy streets. She said some sort of two-way access has to be maintained without having everyone who parks in the parking lot behind the apartment building on Melrose Avenue entering and exiting from Melrose Place. She said that staff suggests that access be restricted so a gate or some other method allows them into the parking lot but bars them from exiting via Melrose Place. Walz noted that pedestrians and vehicles that need to access the properties will still have access, but vehicles going into the parking lot will have to circulate out on the proposed two-way drive to be built on 711 Melrose Avenue. Walz said that the east drive will be a consolidation of two curb cuts. She said that one of the curb cuts is on a property that will remain private and the other is on 711 Melrose Avenue. She said this will be one driveway with two lanes. Walz explained that because the University owns all of this property and the drive, they could proceed without vacation of the right of way. She said staff feels that if vacation is approved they have a better opportunity to improve what remains of Melrose Place and restrict access as well as attaining the screening and setbacks they think are necessary to preserve what is the intact residential neighborhood to the east. Walz said because the university is preserving access and circulation for the emergency and utility vehicles staff is recommending approval. Walz explained that the university would be paying to terminate an existing water line where the public street ends and to upgrade it as well as the street and the sidewalk. She said that staff feels strongly that in regard to screening, the emphasis needs to be on the eastern portion of the lot adjacent to the private residences that are part of an intact neighborhood. She said currently the university is showing an eight foot setback, and the minimum that is typically required in a P-1 zone is ten feet. She said staff recommends that the setback be increased to provide for the maximum amount of screening. She noted that there will be a solid fence along that property line and shrubs and trees as required by the Code. She said staff had also asked the university to provide terminal islands, which are not a requirement in the P-2 zone, and the university has agreed to this, which will allow for the placement of trees in the lot. She stated Planning and Zoning Commission April 5, 2012 - Formal Page 3 of 14 that the neighbors had concerns about snow removal, so the university has designed the lot as something they feel they can clear efficiently. She said the university will also provide storm drainage for the lot. Walz said the neighbors also had concerns about lighting standards. She said the university is aware of the City's lighting standards and will comply with even higher lighting standards. Walz said that the transportation planners have indicated that a third lane is preferred on the east drive due to the concern that at peak times of day cars will queue onto the private drive, possibly creating a situation where drivers get impatient to pull out on the street and not noticing pedestrians. She said the additional lane would better accommodate right and left hand turns out of that drive and will cut the queuing. Walz explained that the only way to add this third land is to get a further easement from the property owner at 727 Melrose Avenue or to remove the house at 711 Melrose Avenue, which is in the Melrose Neighborhood National Register Historic District. Walz said staff recommends approval of VAC12-00001 a vacation of a portion of the Melrose Place right-of-way subject to the following conditions: 1. Vehicle access to the parking area from Melrose Place will be one-way: a gate or other device will allow public entry to the lot but will block exit from the lot to Melrose Place. 2. The University will improve the remaining Melrose Place right-of-way, including the reconstruction of Melrose Place (paving w/ curb and gutter), 4 foot sidewalk, sanitary sewer abandonments as needed, water main improvements, and management of storm water. 3. The final parking area design should meet the City's standards with regard terminal islands and lighting and should include shade trees as proposed in the submitted plan. 4. Along the east property, where the parking area abuts private properties on Melrose Avenue and Melrose Circle, a minimum setback of 10 feet should be provided with a solid fence or wall in addition to S3 landscape screening. Walz explained that currently the internal parking aisles are twenty-four feet in width and City standards would be twenty-two feet, so staff feels there is adequate room to make these aisles narrower to gain the deeper setback on the eastern edge of the parking lot. Weitzel asked if the owner of 727 Melrose had been contacted about the extra easement. Walz said that question would need to be answered by the university. She showed photos of 711 Melrose Street and explained that it is owned by the university but someone else is allowed to lease it as a rental. Thomas asked if the landscape work in the parking lot meets the City's off-street parking standards for trees and landscape. Walz said that the standard is every parking space should be within sixty feet of a large tree, and while the university's proposal is close, it doesn't quite meet that standard. Weitzel asked what the total size of the parking area is. Walz said that it is over one acre. Eastham asked why the eastern driveway can't be expanded to the west, with another lane Planning and Zoning Commission April 5, 2012 - Formal Page 4 of 14 added to the west side of the drive. Walz said it could be added to the west, but that is private property and would require an easement. Eastham asked if the City is required to vacate land at the request of anyone. Holecek stated they are not. She said this is a discretionary process, and the analysis that Walz explained as to what the City looks at when it is requested to vacate property is the analysis that is used. She noted that typically, adjacent property owners are given the opportunity to acquire the property after vacation. Miklo said that in this case, staff feels that by vacating and cooperating with the university, the City has some ability to address the traffic and landscaping concerns. Eastham asked if staff has the university's long-range physical expansion plan for south of Melrose. Miklo said they did not. Thomas asked what hours the parking lot will be open. Walz said that it's open twenty-four hours a day, but it's thought that most of the traffic will be before 7:00 p.m. and starting early in the morning. Koppes asked if all the residences that are left are privately owned. Walz said there were, but that 711 Melrose Avenue was owned by the university. Eastham asked if the university can make a curb cut and access onto Melrose Avenue of a design of its own choosing. Walz stated that the university could not because that requires access to the public right of way and they would have to get a curb cut permit from the City. Dyer asked why there was no vegetation buffer along Melrose Place and the parking lot. Walz said that had been discussed and given the condition of Melrose Place and the way it's lawns are being used as a parking lot, staff's concern was mainly for the neighborhood to the east. Eastham asked if Melrose Place will continue to be used in this manner. Walz said that staff has notified Housing and Inspection Services at the City, and the property owners have been made aware that parking on the lawns is not allowed. She said that because the demand for parking in the immediate area around the hospital is so great, that this will probably continue to be an issue that will have to be enforced. Thomas asked if residents on Melrose Place could park in the lot once it was built. Walz explained that the lot will be permit parking for hospital staff. Koppes asked if currently street parking is allowed on Melrose Place. Planning and Zoning Commission April 5, 2012 - Formal Page 5 of 14 Walz said she does not believe that it is allowed now. She said in the future it will not be allowed but that it will need to be enforced. Swygard asked if given the closeness of both Melrose Place and the other entrance and exit into the proposed lot and the proximity of Hawkins Drive, was any consideration given to only allowing right hand turns to exit onto Melrose Avenue. Walz said there was not. Walz explained that once you are in the parking lot, you can only exit on the eastern driveway. Koppes opened the public hearing. David Kieft of The University of Iowa referred the Commission to the photos in the handout from the university. He explained that in the area between the hospital and Kinnick Stadium parking Ramp Two with approximately 700 parking spaces is planned to be razed early next year to make way for the new children's hospital. He said that it will be several years for the lot to be reincarnated underground at almost the same location. Kieft explained that the reason for this proposed parking lot is for the planning of the new children's hospital that will be commencing early next year. He said that the university has included neighborhood representatives on its design committee including Tom Maxell, who owns the property immediately east of the proposed parking lot site. Eastham stated that the proposed lot contains 289 spaces and asked how many parking spaces were being displaced by the construction of the new hospital. Kieft reiterated that about 700 parking spaces will be displaced with the razing of the ramp but simultaneously the indoor practice field will be taken down and replaced with another surface parking lot that will contain about 200 cars. Eastham asked why the university is requesting a vacation if staff has stated that the parking lot could be built without the City vacating the right of way. Kieft said that without the vacation the number of cars that can be parked here is limited because the area that is now the street could not be used to park approximately 50 cars. He said that the lot would be an awkward design without vacating the property. Weitzel asked if the university has pursued the easement issue with the property owner at 727 Melrose Avenue. Kieft said they had preliminary discussion with that property owner and are waiting for his response but they have no idea what he is inclined to do. Eastham asked what the net loss or gain of parking spaces will be as the hospital expands. Dave Ricketts of Parking and Transportation for The University of Iowa explained that not only will they be tearing down Ramp Two in January, but eventually Ramp One will be razed and another underground facility will be expanded to replace Ramp Two. He said this is a fifteen or twenty year expansion plan. He said that Ramp Two will be gone and 700 patient parking spaces will be eliminated. He said they will get 300 of those spaces back by displacing over 300 employees from Ramp Four. He said the remainder of spaces for patient parking will come from additional space by the practice field and from space inside the existing ramps by restricting employees and from some other policies, which will net several hundred spaces there. Ricketts explained that they expect to have the ramp back by 2015. He said they will lose 1100 or 1200 Planning and Zoning Commission April 5, 2012 - Formal Page 6 of 14 patient parking spaces over the next five or ten years that will have to be replaced in increments by temporarily displacing employees and building temporary parking. Eastham asked if they planned to put a parking ramp on the proposed parking lot Ricketts said the university does not desire to cross Melrose and build something now or in twenty years. Eastham asked if it would be a desire within thirty years. Ricketts said he could not say what the university would want to do that far in the future. He said he thinks it's amazing that the hospital is reconstructing itself on -site. He said they rely very heavily on parking demand management because they have 17,500 employees, 31,000 students and 5,000 visitors and patients every day. Koppes asked about the discussion regarding putting a road through the Field House and if that would displace more parking. Ricketts said the portion of the Field House called Main Street will come out and will be replaced by a forty foot road so that patients going to the hospital will no longer have to go up Melrose Avenue and that some parking will be displaced, but he could not state a precise or approximate number. Dyer asked how it computes if the proposed project is for staff parking yet patient parking is what is being displaced. Ricketts said they are displacing patient parking right around the hospital, and staff who park adjacent to the hospital are being displaced to use their space for the displaced patient parking. He stated that the Melrose Avenue now contains partial patient and partial staff parking. He said all the employee parking will be displaced from that facility. Dyer asked if they are losing 700 spaces in Ramp Two. Ricketts affirmed this and said that they are getting some of that deficit back by managing the remaining patient spaces so employees can't use those spaces, thus gaining several hundred spaces there in the past few months. He said that additional employees will still have to be displaced in Ramp Three to make up the difference, and the Iowa River Landing, which opens in October, will draw off some of the demand for patient parking. Dyer asked if Ramp Two would need to be torn down if the university wasn't building things on top of it. Ricketts said that it wouldn't. Walz explained to Eastham that staff is aware of the constraints of the hospital and that the university fully intends to put a parking lot at the proposed site with or without City approval and when staff evaluated the situation, staff felt they had more control over access points and design with a vacation. Miklo explained that in the end the parking lot will be more efficient with the vacation. Eastham explained his long-range concern is in putting a building on the proposed site. Planning and Zoning Commission April 5, 2012 - Formal Page 7 of 14 Walz said that is a possibility in the future and that the City would have no control over it. Eastham said that would depend on if the university needed the rest of the Melrose Place right of way to put a building there. Koppes said they could build a building there right now without any comment from the Commission. Walz asked if Eastham was questioning if the vacation was approved for a parking lot would a building be put there instead. Eastham clarified that he meant eventually. Walz once again said there was no way to know, and the City would have no control over it. Koppes asked what the plan was concerning pedestrians walking across Melrose Avenue. Ricketts said they intended to have the sidewalks as much as possible direct people to cross at the traffic signals at Hawkins Drive or Melrose Place. Koppes asked about football parking. Ricketts said they intend to make it a donor lot which he believes tones down the crowd to some extent. He said they have worked very closely with Tom Maxwell to give him what he wants. Koppes asked about the snow removal concern. Ricketts said that Maxwell's specific concern was about backing up signals sounding in the night. He said they could look at turning off the signals, but they are used for safety reasons. He said the proposed lot is a significant size, and it will take a while to clear, and clearing will be done at night. He confessed that he didn't have a good answer for Koppes. Koppes asked where the snow would be put. Ricketts said they most likely will push it to the south end or wherever they can, and then come back later and haul it out. He said he thinks in the next couple years they will be experimenting with snow melt systems where the snow is dumped into something that melts it down. Eastham asked about the parking uses of the property on the east side of the proposed lot. Ricketts explained that 711 Melrose is now owned by the university, and anyone who was not living there and parking on the property has been kicked off. He said the only cars parking there now are the ones associated with the house. Eastham said he was concerned about the long-range plan for this parcel. Kieft said the hospital just completed a master plan that it presented to the Board of Regents in February, and it didn't contain any plans for the area south of Melrose. Eastham asked what the timeframe was for that master plan. Kieft said it was a ten year master plan. He stated that because of changing circumstances, the university doesn't usually plan beyond ten years. Planning and Zoning Commission April 5, 2012 - Formal Page 8 of 14 Jeff Morrow of Anderson -Bogert Engineers in Cedar Rapids referred back to Swygard's question about restricting egress on the east driveway of the parking lot to right hand turn only. He declared that at least half to 75 percent of the traffic using the lot wants to go west. He said that with right hand turn only, some people will turn left anyway, some will pull out onto Melrose Avenue and make a U-turn, and some may go up to private drives to the east and turn around because it's very difficult to make people go in the opposite direction to their path. He said that on Melrose Place, much of the residential parking will be eliminated, so there will be fewer people coming out there. Swygard said that since the majority of lot parkers would be leaving at about the same time of day, what about making three lanes comprising a left turn, entrance and right turn. Morrow said that would be ideal but that will depend on negotiations with the adjacent property owner. He said that without their consent, the house at 711 Melrose Avenue would need to be razed in order to build three lanes. Swygard said she is concerned about the high, high volume of traffic in that area at 5:00 p.m. Morrow said their study looked at a scenario where all of the cars are trying to leave during peak hour, but the displaced employees who will be using this lot enter and exit during the span of a two and one-half hour period. He said even if you cram everyone into the same hour that the street peaks, it should work. Swygard asked if in their traffic study any traffic was accounted for from Lot 43, for example, that funnels out onto Melrose Avenue and heads east. Morrow said they looked at different variables but found that Melrose at Hawkins is still going to see about the same amount of traffic. Walz mentioned that the City traffic staff believes that it's preferable to have three lanes, but that there is a space constraint. Thomas stated that the plan didn't meet the City's standards for shade trees or for screening. Thomas asked what is proposed along Melrose Place and said he was concerned that cars might jump the curb. Brenda Nelson of Confluence Landscape Architects responded that it is currently a curb and it is paved instead of landscaped because it's a fairly narrow strip and there is car overhang, so she doesn't think that any plant or tree could survive. Walz stated that although it's a permit lot, anyone can get into the lot but at the risk of being towed. Nelson said that anywhere there is an intact neighborhood, the screening plan consists of a six foot high solid fence. She said on the parking lot side of the solid fence there will be some ornamental trees periodically and some landscaping in front of it to create a buffer. She said they are working with the neighbors on the other side to provide additional screening if they would like it. She said the neighbors in the southeast corner prefer not to have anything tall because of an existing garden, so shorter shrubs are proposed. Koppes asked what the plans were for the green islands in the lot. Planning and Zoning Commission April 5, 2012 - Formal Page 9 of 14 Nelson said it is minimal landscaping there because they could be a possible snow removal area, so landscaping is primarily trees in the center. Jean Walker of the Melrose Neighborhood Association referred to information she had previously submitted to the Commission that stated the neighborhood's reluctance to have this parking lot at this site, particularly as the historic district they worked so hard to establish is in this area. She stated that the neighborhood did not have a choice because the university has a lot of power, and they can basically do what they please. She said the Association agrees to this vacation pending the decision of the owner of 727 on granting easement to allow for the two lanes of traffic. Walker said the Association's concern is the preservation of 711 Melrose Avenue, which is listed on the National Register of Historic Places. She said they are agreeable to the displacement of the barn from the rear of 711 over to the proposed parking lot site. She said she thinks there needs to be a longer -term plan by the university to find alternative places for parking, e.g. Finkbine, which is currently a surface lot that perhaps has the potential to become a ramp. She noted that she believes what is preventing that is expense, but she also believes that cost has to be weighed against preservation of an historic neighborhood. Walker said the two lane road way is problematic unless the owner gives the easement, so a three lane drive would be the death of 711 Melrose Avenue. She wanted to know if the university had approached the property owners of the houses on Melrose Place to see what they want in the way of screening. Weitzel asked Walker to elaborate on 711 and if it is a contributing property or if it's individual eligible. Walker replied that it's a contributing property in the district, and it's part of the integrity of the Melrose Historic District. She said that both the house and the barn are about 100 years old, and the barn is the last in the district. Eastham asked what the historic status of the property to the east of 711 is. Walker said it is also part of the National Register of Historic Places and is a contributing property. Miklo said findings in the report for the National Register show two key themes. He said the first is that Melrose Avenue was a rural road that initially featured some grand Italianate houses from the 1870s and the second is the developments that occurred in the 1920s associated with the expansion of the university. He said there are several Tudor and Colonial style houses that form the bulk of the Melrose Neighborhood Historic District, but 711 is not one of the key structures and does not fit into those themes nicely, but just happens to be along Melrose Avenue. He said it was built around 1905, and it has been remodeled with vinyl siding, and the porch is enclosed, so that's probably why it was determined not to be a key structure like the more significant properties located to the east. Walz said that staff did not include the condition of saving 711 Melrose Avenue because the university has driveway access that is not contiguous to the vacation, and it's not dependent upon the vacation. She said because there's a safety concern there, the university can go forward with a two way. She said staff is not requiring the three lanes, although that would be safer. Eastham asked if the university has the right to incorporate the drive at 727 into the new driveway. Miklo said that that ideally that driveway would be removed, but the amount of traffic that it Planning and Zoning Commission April 5, 2012 - Formal Page 10 of 14 generates is probably not going to be a great concern if the property owner at 727 Melrose Avenue doesn't agree to consolidation of the drive -way. Walker said one of the earlier plans was that traffic egress from the lot would be a single lane drive at 711. Walz said staff's concern was with the proximity to Hawkins Drive forcing all the traffic to come in Melrose Place. Walker reiterated that if the property owner at 727 doesn't grant the easement, 711 Melrose Place is in peril. Miklo said that the safest situation would be three lanes, one in and two out. He said that if the property owner at 727 does not cooperate, the only way to achieve that would be by removing the house at 711. He said there would be two fairly narrow lanes if the property owner does not grant the easement. Walker asked if there was room for two lanes and the house without the easement. Miklo referred her to the traffic engineer. Bill Bogert of Anderson -Bogert Engineers stated that he designed the proposed parking lot. He said that a certain width is needed on the driveway for lane capacity and for pedestrian traffic. He said there is just under twenty feet from the lot line to the building, and they would not be able to get two lanes of traffic and pedestrian traffic accommodated on that area. He said without the easement, two-way traffic would not be possible. Eastham asked what the plan is if the easement is not granted. Bogert said he knows of no plan, but that the removal of 711 would allow for a driveway. He said they have discussed other options including one lane out with all the incoming traffic on Melrose Place. He said neither his company's engineers nor the City's engineers wanted that. Eastham asked if they had considered the option of putting the parking area some other place. Thomas and Koppes suggested that they move 711. Bogert did not respond. Walker said she knew of one option that had been ruled out, and that was to split the two-way so one lane is on the west side of 711 and the other lane would go through the day care. Bogert said that with that scenario if one car is entering left and another is exiting left, there will be traffic problems on Melrose Avenue, so the engineers did not prefer that option. He said it's still very narrow for a one way between 711 and the daycare, particularly trying to account for pedestrian safety. Miklo questioned the value of 711 given its condition, the amount of traffic, the position of the drive, and pavement surrounding it. Walker said that the Association feels it's not ideal for 711 to be an island with traffic on either side of it, but there needs to be some plan to preserve it. Planning and Zoning Commission April 5, 2012 - Formal Page 11 of 14 Koppes closed public hearing. Koppes asked for a motion. She asked if the Commission needed to vote on it at this meeting. Miklo said they did not, but staff would advise that they do unless there is some compelling reason such as needing more information. Weitzel moved to approve VAC12-00001, an application submitted by The University of Iowa for a vacation of the street right-of-way located adjacent to 1-8 Melrose Place subject to the following conditions: 1. Vehicle access to the parking area from Melrose Place will be one-way. A gate or other device will allow public entry to the lot but will block exit from the lot to Melrose Place. 2. The University will improve the remaining part of Melrose Place right of way including the reconstruction of Melrose Place parking with curb and gutter, four foot sidewalks, sanitary sewer abandonment as needed, water main improvements, and management of storm water. 3. The final parking area design should meet the City standards with regard to terminal islands and lighting and should include shade trees as proposed in the submitted plan and along the east property where the parking area abuts private properties on Melrose Avenue and Melrose Circle. A minimum setback of ten feet should be provided with a solid fence or wall in addition to S-3 level landscape screening. Swygard seconded. Koppes invited discussion. Weitzel said when considering the fate of 711 Melrose Avenue it is important to keep in perspective the Secretary of the Interior's standards and what integrity means, and that is a continuum of historic properties from a contributing property that's a minor element of a district to one that's a key element or an individual eligible property. He said this type of building at 711 Melrose Avenue is fairly unique but it doesn't really fit into the context of the historic district per se and is also from a time period where many other properties are still extant in Iowa City, it's covered in vinyl siding and the porch has been enclosed, and it appears that the interior has been heavily modified. He said once that condition exists you can say that the historic integrity is already diminished. He said that leaving the proposed parking lot out of the discussion, the siting for this building is then substantially diminished. Weitzel said that as ideal as it would be to keep an historic building or additional screening for the rest of the district, weighed against safety and value of this historic property he is not particularly impressed with this building. Eastham said that in looking at the Southwest District Plan, which includes the Melrose Neighborhood, it states that "it is an important goal of the City to preserve and stabilize existing residential neighborhoods close to the university and the downtown. Achieving this goal will help to prevent urban sprawl on the edges of the community, reduce commute times, provide a diverse residential community, preserve historic resources, and support the vitality of the city's central business districts. Efforts should be made to encourage the university to work more closely with the City and the surrounding community as it develops future expansion plans in areas such as the Melrose Neighborhood. The City must take a more assertive role in the zoning and regulation of university properties if it is to achieve these important goals." Eastham said he and other Commission members have been involved with several decisions regarding Planning and Zoning Commission April 5, 2012 - Formal Page 12 of 14 the university's inclinations about using land that they have acquired south of Melrose Avenue and the preferences of Melrose residents for the future of that area. He said he doesn't think that to agree to this vacation because the university will put in the parking lot regardless is the best thing to do. He said he doesn't think the vacation complies with the Comprehensive Plan. Weitzel said he believes the university will build a parking lot somewhere and in this case the Commission has a chance to form an opinion about the screening and other aspects. Eastham said he agrees with Weitzel about 711 and would just as soon see the building removed and the exit and entrances to the parking lot designed to best fit the needs of the people using the lot. Koppes said the question for her is what public good it does not to vacate it. Eastham said it would reduce the number of spaces by 50, which is not an inconsequential amount. Koppes mentioned that the road is already in bad shape and everyone could enter and exit on Melrose Place. Eastham replied that it is the university's interest to improve the road. Koppes responded that they could decide not to do anything with the other road and exit everyone out of Melrose Place. She said that granting the vacation affords the opportunity for better traffic flow and direction on what will happen to the proposed lot. She said she thinks that by not approving the vacation, they could make it much worse. Thomas said he supports the use of Melrose Place as part of the parking scheme but he would like the design of the lot to meet the City standards. He said that because the driveway lanes are wider by two feet than the minimum required, there may be an opportunity to create a wider buffer strip along Melrose Place and provide some visual screening. Weitzel said that because 711 could come down whether they agree to it or not, the Commission should assure that the S-3 screening, ten foot setback should be the full depth of the lot wherever there is parking or driveway abutting that area. He asked if they could make an amendment to that effect. Eastham agreed with Thomas that if the parking lot is built here, and the City has some negotiating leverage with the university in how the lot is designed the lot should definitely meet the screening standards that are in the Code. Koppes said that comments had been made that snow removal would be more difficult if that were so and would affect the neighbors more. Thomas said he calculated the lot would consist of two acres of paving. Eastham added that that would be nestled in a neighborhood. Weitzel said that was reason to try to meet the City's screening standards. Planning and Zoning Commission April 5, 2012 - Formal Page 13 of 14 Dyer said if there isn't screening there and if the property owners on the other side of the street should change those properties to something considered to be more appealing, the screening will never be there. Miklo said to consider that staff feels this proposal could meet the standard by removing two feet from one of the interior aisles and adding it to the buffer on the east side of the lot. He said you could remove two feet from each of these aisles and add it to the west side of the lot to bring it to five or six feet, which would provide some buffer but would not meet the ten foot standard. He said that staff felt that given the current condition of these properties, it was more important to have the screening on the east where there is an historic neighborhood. Thomas moved to amend condition #3 of the original motion to read: The final parking area design should meet substantial compliance with the City's parking design standards, and the Director of Planning and Community Development will have approval authority of the design. Eastham seconded. A vote was taken and the motion carried 5-1 with Koppes voting no. A vote was taken to approve VAC12-00001, an application submitted by The University of Iowa for a vacation of the street right-of-way located adjacent to 1-8 Melrose Place subject to the conditions as listed in the staff memo and amended, and the motion carried 5-1 with Eastham voting no. CONSIDERATION OF MEETING MINUTES: March 15, 2012: Weitzel moved to approve the minutes. Thomas seconded. The motion carried 6-0. OTHER: Miklo said there was an upcoming training session for Boards and Commissions regarding open meetings. He said he would send the Commissioners detailed information. ADJOURNMENT: Dyer moved to adjourn. Thomas seconded. The meeting was adjourned on a 6-0 vote. 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