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HomeMy WebLinkAbout03-21-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Thursday, March 21, 2013 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order C. Public Discussion of Any Item Not on the Agenda A. Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." B. Comprehensive Plan / Rezoning Item A public hearing to amend the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street. 2. REZ13-00005: Discussion of an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO-1) zone to Community Commercial (CC-2) zone for approximately 2.31- acres of property and to amend the Conditional Zoning Agreement for 1.3-acres of property currently zoned CC-2 located at the southeast corner of the intersection of Broadway Street and Highway 6. (45 day limitation period: March 21, 2013) C. Rezoning Items 1. REZ12-00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of the intersection of Dane Road and Mormon Trek Blvd). (45 day limitation period: March 21, 2013) 2. REZ13-00001: Discussion of an application submitted by University of Iowa for a rezoning from Institutional Public (P2) zone to Public/Medium Density Multifamily (P2/RM-20) zone for approximately 27.8-acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. (45 day limitation period: March 21, 2013) D. Code Amendment Items 1. Discussion of amendments to Title 14, Zoning, to define rooming house cooperatives as a type of Fraternal Group Living Use and to specify that Fraternal Group Living Uses are allowed by special exception in the RNS-20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi -family uses. 2. Discussion of amendments to Title 14, Zoning, to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multi -family Zones. E. Other F. Consideration of Meeting Minutes: March 4 and March 7, 2013 G. Adjournment City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner RE: REZ13-00005 This item was deferred to allow additional time for the applicant and staff to negotiate a concept site plan designed to ensure that commercial development on this property is compatible with the surrounding residential neighborhood, as well as addresses security issues. Staff has had discussions with the applicant and the City's Crime Prevention Officer and is working towards a plan that meets the needs of all parties. Items that we are discussing include: 1. The use of berms and lower plantings along the perimeter of the site screen to headlights. 2. A decorative metal fence with brick piers to create a screen along the south anc east sides of the property. 3. The use of tree species, such as locust, that will provide a screening effect but also allow for visibility. The trees will be properly pruned to assure that the bulk of the crown is located six feet above ground to help assure visibility. 4. Pedestrian lighting for the sidewalk connection to Hollywood Boulevard and the south east corner of the property. Lighting on the commercial side of the brick piers. 5. The use of windows on the front of the building to improve visibility. 6. The use of quality building materials and detailing appropriate for property abutting a residential neighborhood. 7. Limitation of business hours to between 5:00 am and 11:00 pm. We anticipate a revised site plan and building design prior to your March 21 meeting. We will email the plan to the Commission when it becomes available so that you have time to consider it before the meeting. City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Robert Miklo. Senior Planner RE: REZ12-00032 At your last meeting, the Commission deferred discussion of this rezoning to allow clarifications of issues and questions raised by neighboring property owners. The applicant's consultant has staked the area proposed for the expansion of the vehicle display area to allow the Commission and neighbors to see layout on the ground. The Housing and Inspection Department is investigating the question about lighting. There was also a question about landscaping to screen the lighting and vehicle display area from the residential neighborhood to the south. The Conditional Zoning Agreement that applies to this property requires a 20-foot wide buffer landscaped to the S3 standard, including a mix of evergreen and deciduous trees along the southern edge of the development that is visible the residential properties. This required landscaping should be shown on the plan. The Chair suggested that the applicant consider using the vacant residential lot within the county as replacement buffer for the requested buffer reduction area. Staff has repeated that suggestion to the applicant's consultant. We anticipate that the applicant will submit a revised plan before your meeting on Thursday. STAFF REPORT To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: REZ13-00001 Hawkeye Court Date: February 21. 2013 GENERAL INFORMATION: Applicant: University of Iowa 4 Jessup Hall Iowa City, IA 52242 319-335-3500 Contact Person: Michael Muhlenbruch 2834 Northgate Drive Iowa City, IA 52245 319-354-3040 mmuhlenbruch@shive-hattery.com Requested Action Purpose Location: S ize Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning from Institutional Public (P-2) to Institutional Public/Medium-Density Multi -Family Residential (P-2/RM-20) To allow a private developer to construct and maintain an apartment complex on University -owned land. Mormon Trek Boulevard and Hawkeye Court 27.8 acres Multi -family residential, Institutional Public (P2) North: Iowa Interstate Railroad. Industrial and Commercial (Coralville) South: Public (P-2) East: Public (P-2) West: Public (P-2) Public January 29, 2013 March 15, 2013 The applicant, the University of Iowa, has requested rezoning of a 27.8-acre property located at Mormon Trek Boulevard and Hawkeye Court from Institutional Public (P-2) to Institutional Public/Medium-Density Multi -Family Residential (P-2/RM-20). The rezoning would allow the property owner, the University of Iowa, to lease land to a private developer for the construction of an apartment complex. This land is currently being used for the Hawkeye Court Apartments, a University -owned and managed student housing complex. UI students will be given first priority In leasing the new apartments, though it may be leased by others if space is available. The Zoning Code requires that the subject property be rezoned before the new private housing use is established. The new zoning would function as an overlay zone with the underlying zone retaining the P-2 designation because the University will continue to own the land. The complex features 15 two-story buildings containing 504 one- and two -bedroom units. A portion of the existing Hawkeye Court Apartments was damaged by flooding in 2008. The university plans to demolish the flood -damaged units and leave the flooded area as open space. The proposed development will be constructed in compliance with our flood plain regulations which require that structures be elevated at least 1foot above the flood hazard elevation. The applicant has indicated that they plan to use the "Good Neighbor Policy" and hold discussions with neighboring property owners. ANALYSIS Current Zoning: P-2 zoning applies to public uses of land owned or otherwise controlled by state or federal government, Property zoned P-2 is not ordinarily subject to City development regulations, although some minimum guidelines apply. Thus, P-2 zoning mainly serves as a notice to those owning or purchasing land near publicly -owned land. Because the University will continue to own the land upon which this private development is constructed, the current P-2 zone will remain in effect. Proposed Zoning: The applicant proposes an overlay zone of RM-20. This zoning provides for medium -density multi -family housing and allows for a mix of detached and attached single-family housing, duplexes and multi -family housing. It is well -suited to sites adjacent to commercial areas with good access to City services and facilities. The existing Hawkeye Court Apartments (which are planned to be demolished) meet the dimensional requirements of the RM-20 zone. RM-20 zoning requires a minimum area per unit of 1,800 square feet for multi -family uses, which translates to up to 24 units per acre. The existing Hawkeye Court Apartments are developed at about 18 units per acre. It is anticipated that the new development will have similar density. Compliance with Comprehensive Plan: This property is located within the Northwest District of the Comprehensive Plan and is shown as public/semi-public on the land use map to acknowledge the University's ownership, The Comprehensive Plan states that the City and the University should work cooperatively in planning and developing projects to assure that mutual interests are addressed. The Plan refers to the University's West Campus Plan, which calls for relocation and establishment of various university facilities west of Mormon Trek Boulevard. The proposed development appears to comply with the Comprehensive Plan. Compatibility with neighborhood: A student housing complex has existed on this site for decades, and has proven to be compatible with the neighborhood. The area surrounding the subject property except on north is also zoned P-2. Finkbine Golf Course is located to the southeast, an Iowa Interstate Railroad line and industrial and commercial uses in Coralville to the north, recreational areas and university athletic fields to the west and east, and wooded area to the northwest. The property is located on Mormon Trek Boulevard, an arterial street, and has access to public transit, and pedestrian and bicycle trails. Given the proximity to amenities and university facilities, options for transportation and existing use of the property, staff believes the proposed rezoning would be compatible with the neighborhood and appropriate for multi -family housing. Environmentally Sensitive Areas: A portion of the subject property falls within the 100-year floodplain. The existing buildings will be removed from the floodplain and the area will be used as open space, l he new multi -family development will be constructed outside of the floodplain and will comply with the City's floodplain regulations. Summary: The rezoning would allow the property owner, the University of Iowa, to lease the land to a private developer for redevelopment as a private multi -family use. As publicly -owned land, the underlying zone will remain P-2. The property has been used for student housing for a number of years. This use would continue but the buildings would be privately owned and managed. The property has good access to the arterial street network and is close to commercial areas, therefore it meets the purpose of the RM-20 zone, S'f'AFF RECOMMENDATION Staff recommends approval of REZ13-00001, and application submitted by the University of Iowa to rezone a 27.8-acre property located at Mormon Trek Boulevard and Hawkeye Court from Institutional Public (P-2) to Institutional Public/Medium-Density Multi -Family Residential (P-2/RM- 20). ATTACHMENTS: Location Map Approved by: --- Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IOWN CITY O AFe \ fP (p SITE LOCATION: Mormon Trek Blvd./ Hawkeye Ct. C/e0, Creak \1 UNII/E UNIVERS Y of Po WA REZ13-00001 City of Iowa City - MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code amendments for Group Living Uses Background Last year the City Council adopted new residential density and parking standards for multi- family uses to further the Strategic Plan goal of stabilizing neighborhoods, particularly older neighborhoods in the central part of the City where redevelopment pressure over the years has resulted in the conversion of a significant number of single family homes into duplexes, apartments, and rooming houses. While the recent zoning code amendments addressed density, occupancy, and parking concerns related to multi -family uses, they did not affect Group Living Uses, such as rooming houses, fraternities, and sororities. This inconsistency in allowed density and parking for multi -family versus group living uses is likely to have unintended consequences that may reduce the effectiveness of the City's neighborhood stabilization efforts. Staff believes that it is important to examine the standards for Group Living Uses to make sure any new rooming houses, fraternities and sororities are located and designed in a manner that is compatible with the surrounding neighborhood. Fraternal Group Living Uses are currently an allowed use in the Multi -Family Stabilization Zone (RNS-20 Zone), largely because many of the historic fraternity and sorority buildings in Iowa City are located in this zone. Since at the time the new Code was adopted in 2005, participation in Greek life at the UI was declining, there was not much concern about expansion and rather than make fraternities and sororities nonconforming uses in the RNS- 20 Zone, they were allowed to remain as provisional uses. On the other hand, Independent Group Living Uses were disallowed from the RNS-20 Zone in the 2005 Zoning Code re -write due to a concern that these types of uses had a higher propensity to become problem properties that would have a de -stabilizing effect on older neighborhoods. Many of the independent rooming houses operate as short term boarding houses where individuals who have no formal relationship with or responsibility toward one another rent rooms from the property owner who lives off -site. Bathrooms and kitchen facilities are often shared. Other than density and occupancy standards, there are few other standards or restrictions for either Independent or Fraternal Group Living Uses. It has recently come to our attention, however, that participation in Greek life at the UI is on the upswing. The numbers in the Greek system are near a twenty-five year high and University officials noted a potential long-term trend of a Greek resurgence on campus. Also, in 2011 the University created rules that hold each fraternity and sorority chapter accountable for individual member's citations and arrests. Since that policy has been put into place the ratio of Greek arrests and citations compared to all other students at the UI has decreased significantly (see attached). Staff has also received an inquiry about a related issue. A representative of the River City Housing Collective (RCHC) met with staff to discuss the possibilities for expansion. Currently the RCHC owns three rooming houses, all of which are located in the RNS-20 Page 2 Zone within walking distance of downtown Iowa City and the UI campus. As the zoning code is currently written, the rooming houses owned by RCHC are categorized as Independent Group Living Uses. Since Independent Group Living Uses are not allowed in the RNS-20 Zone, all of their current rooming houses are considered nonconforming uses that cannot be expanded. The RCHC would like the opportunity to expand their existing rooming houses and/or buy new properties for expansion. Due to the cooperative nature of their organization, it is important to RCHC that each of their rooming houses is located within walking distance of the others. The current zoning restrictions for Independent Group Living Uses makes it nearly impossible for the RCHC to expand. Discussion of Solutions One possible solution for cooperatives like the RCHC is to establish a specific definition for a 'rooming house cooperative" and categorize them as a Fraternal Group Living Use rather than an Independent Group Living Use. Similar to other Fraternal Group Living Uses, a rooming house cooperative like RCHC has a formalized relationship between its members. The residents in the homes owned by RCHC work together to maintain the residence; they cook and dine together, have group meetings, a democratically elected board, and all of the members, including the board members have as their primary residence a rooming unit within one of the homes owned by the co-op (see attached excerpt from the RCHC website). This cooperative relationship and interest among members in creating a quality living environment for current and future members provides more assurance that these types of group living uses will have a stabilizing versus de -stabilizing effect on the surrounding neighborhood. Given the upward trend in the Greek system at the UI and the desire for responsible cooperatives like RCHC to expand, staff recommends making changes to the regulations for Group Living Uses. While staff is in support of allowing for some expansion, we recommend changing Fraternal Group Living Uses from provisional uses to special exceptions in the RNS-20 Zone to provide greater scrutiny of the location, site layout and design of these larger buildings to make sure they fit into the neighborhood. In addition, staff recommends changing the density standards to be consistent with the recent changes to the standards for multi -family uses. Under the new density formula, the maximum number of roomers allowed in a Group Living Use would be the same as the number of bedrooms allowed in a multi- family building for the same size property. Bicycle parking requirements would also be increased to match that of what is expected for apartment buildings. Recommendation Staff recommends amending the Zoning Code as indicated on the following pages. New language is underlined. Language to be deleted is indicated with strike -through notation. Approved by: ✓ Robert Miklo, Senior Planner Department of Planning and Community Development 12 0 c c C About Us - River City Housing Collective Pagel of 3 Diver City Housing Collective Welcome! For Prospective Members Contact RCHC Member Login Board of Directors W ;c:ott e Welcome! About Us Who we a r e Vision Statement Search this site Co-op Infoshop Alumni Co p History andPrinciples River City Housing Collective (RCHC) is an independent non-profit corporation. RCHC was formed in 1977 by Contact RCHC some people from the University of Iowa's Student The t:orr: r== it,f Senate as a response to the high prices and low availability of housing in Iowa City at the time. Announcements For Prospective Currently we own three houses, Anomy, Summit, and Members Bloom County, all of which are approximately 6 blocks Prospect Request I`orm from downtown. Between these three houses, we Membership Forn,s maintain about 36 members. Co-op Policies Our goal is to provide quality housing for students and 1 to llciuse4 community members at a cost below that of the Iowa City market average. Quality housing includes good Ano House maintenance, caring landlords (ourselves), and a oorn m county house healthy social environment. Summit House Mernbor R—sources. How we work Member Login Calendar Cooperatives work because we work together. RCHC Alumni keeps our costs low by requiring each member of the Recent site activity collective to do a minimum of sixteen hours of work per month. Eight hours of the work are for the organization and the remaining eight are for the member's specific house. Collective hours include renovation, committee work and Board of Directors meetings. House hours include cleaning, cooking, and https://sites.google.com/site/rivercityhousingeollectivc/about-us 3/14/2013 About Us - River City IIousing Collective Page 2 of 3 house meetings. Sixteen hours per month averages out to about 30 minutes per day. Community More important than the economical aspects of co-op living are its advantages as a social and learning experience. Members learn management, cooking, maintenance, and communication skills as well as a sense of living in community/cooperation with a variety of other people. The strengths of cooperative living come from the cooperative philosophy itself: individuals coming together to have more control over their economic and social environments. Members provide the ideas, guidance, support, and energy to make it work. In the co-op, one finds many diverse backgrounds, ages, interests, nationalities, and lifestyles drawn together into a community that promotes friendships, greater understanding of others, and an exchange of knowledge. People often join the co-op for the economy, but stay in the co-op for the community. Membership Membership in RCHC requires payment of a non- refundable one-time membership fee, which goes to the North American Students of Cooperation (NASCO). Through our membership in NASCO, RCHC is linked to a multitude of housing, food, and other co-ops throughout the U.S. and Canada. NASCO is a great source of information for our co-op and being a part of this network is very useful since it allows the sharing of ideas and resources amongst different co-ops. Meals Each house buys food as a unit, saving money with quality and quantity purchases. Communal meals are served on a regular basis as each member cooks twice per month. The houses strive to accommodate the dietary needs and preferences of all their members when buying food and cooking meals. https://sites.google.corn/site/rivcreityhousingeoIlective/about-us 3/1 a/2013 About Us - River City Mousing Collective Page 3 of 3 Rent RCHC's rents vary, depending upon room size and on such factors as closet space, ceiling heights, outside entrances, bathrooms, and fireplaces. Nevertheless, our rents run at 80% of local market averages. Upon signing a room and membership contract, we require a security deposit of $300. This deposit will be refunded, minus any outstanding debt and compensation for room damage, upon your exit from RCHC. Equal Opportunity River City Housing Collective is open to all people regardless of race, creed, color, age, gender, disability, or affectual orientation. RCHC is committed to the elimination of racism, sexism, ageism, homophobia, and any other system of discrimination which denies any person the right to equal consideration based upon their individual character. Sign in ReportAbuse Print Pam Remove Access Powered ey Googl_, ices https://sites.google.com/site/rivercityhousingeollective/about-us 3/14/2013 Add the following definition to Article 14-9A, General Definitions: Rooming house Cooperative: A Fraternal Group Living Use that is organized as a non-profit entity that is an active member of North American Students of Cooperation (NASCO) or one of its affiliates whose primary mission is to provide a cooperative living environment for its members Said use is governed by a board that is democratically elected by members of the cooperative with all members and board members having as their primary residence a rooming unit governed by the cooperative. Amend Subsection 94-4A-38, as follows: A. Group Living Uses Characteristics Group Living uses are characterized by the residential occupancy of a dwelling by a group of people that do not meet the definition of a household or group household. The size of the group is typically larger in size than the average size of a family or household. Tenancy is arranged on a month -to -month basis, or for a longer period. Group Living structures contain individual rooming units with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and meeting living areas for residents. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. 2. Examples Examples include uses from the three subgroups listed below. a. Assisted Group Living Group care facilities, including nursing and convalescent homes; assisted living facilities. b. Independent Group Living Rooming houses; rooming house ceepeFative C. Fraternal Group Living Fraternities; sororities; monasteries; convents; rooming house cooperatives. 3. Accessory Uses Recreational facilities; meeting rooms; associated offices; food preparation and dining facilities; off-street parking for vehicles of the occupants and staff; storage facilities; off-street loading areas. 4. Exceptions a. Uses such as hotels, motels, and guest houses, which by definition may arrange tenancy for periods shorter than one month, are not considered residential. They are considered a form of temporary lodging and are classified as Hospitality -Oriented Retail. b. Family care homes, elder group homes, and elder family homes are considered Group Households and are classified as Household Living Uses. C. Transient housing, which by definition arranges tenancy for periods shorter than one month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as Community Service - Shelter. d. Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as Detention Facilities. Amend Table 213-1, Principal Uses Allowed in Multi -Family Residential Zones, to indicate that Fraternal Group Living Uses are allowed by Special Exception rather than as a Provisional Use in the RNS-20 Zone. Table 213-1 - Principal Uses Allowed in Multi -Family Residential Zones Household Living Uses _ Detached Single Family Dwellings P P P Detached Zero Lot Line Dwellings PR PR PR Attached Single Family Dwellings PR _ PR PR PR Duplexes PR PR PR _ _ Group Households ling Multi -family Dwellings _PR PR PR PR P _P 1i P PR-_ P PR i P _ PR Group Living Uses -Assisted Group Living S - Independent Group Living ' PR PR PR Fraternal Group Living PR PR-S PR PR Commercial Uses Sales -oriented Retail Uses Personal Service -oriented g- - Repair -oriented _ --- Hospitality -Oriented Retail PR PR Outdoor Storage and Display-- oriented _ _ - Alcohol Sales -Oriented Institutional And Civic Uses Community Service Uses General Community Service S 5 -- Community Service Shelter S lips S DaycareUses _- PR PR PR PR J PR Educational Facilities General - PR PR PR _P R_ PR Specialized - --- --- --- PR Parks and Open Space Uses - _ PR PR - PR PR PR Religious/Private Group Assembly Uses- - PR PR -- PR PR - PR Other Uses Communication - PR Transmission Facility Uses PR �R]R PR P = Permitted PR = Provisional S = Special Exception (See 14-413 for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in14-4A-2G. Amend paragraph 14-4B-4A-10, as follows: 9. Independent Group Living The maximum density and maximum occupancy standards for an Independent Group Living Use are as follows. Both density and occupancy limitations apply in all cases. a. Maximum Density (1) In the RM-20 Zone: 1 roomer per 550 900 square feet of lot area. (2) In the RM-44 and PRM Zones: 1 roomer per 300 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Independent Group Living Use. C. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants may shall have access to a eemm nal '(tchen kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. 10. Fraternal Group Living The maximum density and maximum occupancy standards for a Fraternal Group Living Use are as follows. Both density and occupancy limitations apply in all cases. a. Maximum Density: (1) In the RM-20 and RNS-20 Zones: 1 roomer per 5549 900 square feet of lot area. (2) In the RM-44 and PRM Zones: 1 roomer per 309 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Fraternal Group Living Use. c. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants may shall have access to a eamm�, kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. d. Additional approval criteria for Special Exceptions The proposed use must be designed to be compatible with adjacent uses The Board of Adjustment will consider aspects of the proposed use such as the location, site size, types of accessory uses anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The Board may prohibit certain aspects of a use or impose conditions or restrictions to mitigate any incompatibilities. These conditions or restrictions may include, but are not limited to additional screeninglandscaping, pedestrian facilities, setbacks location and design of parking facilities location and design of buildings establishment of a facilities management plan and similar. Amend Table 5A-2, by inserting new parking requirements for Group Living Uses, as follows: Assisted Group Living 1 space for every 3 beds plus 1 space for each staff None member determined by the maximum number of staff required present at any onetime. Independent Group Living 1 space per 300 sqft. of floor area or 0 75 spaces per resident, whichever is less. 25°k50% Living 1 space per 300 sq, ft. of floor area or 0 75 spaces per resident, whichever is less. 2S% 5�%%a City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Structured parking standards and entranceway height standards for Multi -Family and Group Living Uses Background The zoning code has parking location standards in the City's more urban commercial zones that ensure that at a minimum the first 30 feet of building depth on the ground level floor of a building is reserved for commercial uses. Surface and structured parking is not allowed in this area. This standard ensures a more active street frontage that is comfortable and attractive for pedestrians and good for storefront businesses. For multi -family and group living uses, structured parking must be enclosed within the building walls, but is allowed on the ground level floor of the building right up to the front building wall. In recent years, there has been a proliferation of multi -family buildings constructed with parking on the ground level floor with apartments above. Not only has this resulted in exterior stoops that seem out of proportion to the height of the building and made handicapped accessible entrances more difficult to achieve, it has created an unattractive and uncomfortable environment for pedestrians as one has to walk past garage walls with faux windows rather than past attractive residential building frontages. Discussion of Solutions To remedy this situation staff recommends adopting a parking setback requirement in multi- family zones that is similar to the standard in commercial zones. It is not necessary, however, to require a setback of 30 feet for residential uses, because lobby areas and other residential use can be established in a smaller area than is the case for commercial storefront bays. Instead, staff recommends that structured parking be setback a minimum 15 feet from street - facing building walls in multi -family zones. This standard will provide more space for lobby areas and allow entrances to be established closer to the sidewalk level (no higher than 3 feet above grade is our recommendation). Handicapped accessibility will also be easier to achieve without extensive ramping or lifts. There will be instances, however, where this standard is difficult to achieve, such as locations where residential space must be elevated above flood hazard level, on sloping sites, or on corner lots where meeting the standard along both frontages would prevent a reasonable amount of parking to be established for the use. Staff recommends including an allowance for a minor modification to provide some relief from the strict application of the standard in these types of situations. Recommendation Staff recommends amending the Zoning Code as indicated on the following pages. Underlined text indicates new language. Strike -through notation indicates language to be deleted. Approved by: ✓ _!!r ff- Robert Miklo, Senior Planner Department of Planning and Community Development Amend 14-5A-5F, as follows: Standards for Structured Parking in Multi -Family and Commercial Zones The following standards apply to structured parking in all Multi -Family Zones and all Commercial Zones, except the CB-10 Zone. Standards for structured parking in the CB-10 Zone are specified in Subsection 14-5A-3D, above. 1. In Multi -Family Zones and in the CN-1, CB-2, CB-5, and the MU Zones the ground - level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located with the exterior walls of the building must meet the following standards: a. In the CN-1 CB-2 CB-5, and MU Zones, structured parking is not permitted on the ground -level floor of the building for the first 30 feet of lot depth as measured from the minimum setback line. In the CN-1 Zone it is measured from the "build -to" line. b. In Multi -Family Zones, structured parkinq is not permitted on the around -level floor of the building for the first 15 feet of building depth as measured from the street -facing building wall On lots with more than one street frontage this parking setback must be met along each street frontage unless reduced or waived by minor modification When considering a minor modification request, the City will consider factors such as street classification, building orientation, location of primary entrance(s) to the building and unique site constraints such as locations where the residential building space must be elevated above the floodplain. c. In the CN-1, CB-2 CB-5, and MU Zones, the ceiling height of any underground parking may extend no more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement by minor modification. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 4 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street -facing building facade. d. In Multi -Family Zones the floor height at any street -facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk. Any underground parking may not extend above grade in a manner that prevents street -facing building entrances from meeting this standard except as allowed by minor modification due to unique site characteristics such as locations where the residential building space must be elevated above a floodplain. 2. Except for garage openings, the parking area must be enclosed within the exterior walls of the building. In no case shall a building have the appearance from the street or from abutting properties of being elevated above a parking level or "on stilts." (See Figure SA.1) 3. Any exterior walls of a parking facility that are visible from a public or private street or from an abutting property must appear to be a component of the fagade of the building through the use of building materials, window openings and fagade detailing that is similar or complementary to the design of the building and must comply with the other standards of this Section. (See Figure 5A.1) 4. Parking spaces within the structure must be perpendicular to parking aisles However, angled parking or parallel parking configurations may be allowed if parking aisles are one-way. Figure 5A.1 - Structured Parking AM - IF q y_ Acceptable Unacceptable Unacceptable 5. In addition to window openings, the City may require landscaping as a means to soften the visual effect of any garage walls located at the street level. Shrubs, small berms, and planters may be used to form a landscaped screen generally ranging between 2 and 4 feet in height. Trees may also be incorporated into the landscaped area if sufficient area is available for tree growth. 6. Garage Entrances/Exits. a. Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses. b. Garage entrances/exits should be located along a building wall that does not face a public street and accessed from a private drive, private rear lane or public alley. In the CB-2, CB-5, and MU zones, alley or rear lane access is preferred. If the Building Official in consultation with the Director of Planning and Community Development determines that such access is not feasible due to topographical limitations or other unique circumstances, or if allowing direct access from a street will better meet the objectives as stated in subparagraph a., above, garage openings may face a street, but must be designed in a manner that will best meet the objectives listed in subparagraph a, above, and must meet the standards listed in sub -subparagraphs (1), (2), and (3), below. (1) If the structured parking is intended for residents or tenants of a building and not the general public, there may be no more than one double -wide or two single -wide garage openings per building. Double -wide openings may not exceed 18 feet in width; single -wide openings may not exceed 9 feet in width. For existing buildings where it is not possible to meet this standard due to structural constraints of the building, the Building Official may adjust this provision to allow one additional garage entrance/exit that faces a street, provided that the minor modification approval criteria are met and the garage opening is designed to minimize its effect on the streetscape and minimize hazards to pedestrians. (2) For structured parking intended for use by the general public, garage openings should be limited in width and number to only what is necessary to provide adequate access for the types and numbers of vehicles using the parking facility. (3) Except in the CN-1, CB-2, MU and CB-5 Zones, the opening(s) must occupy no more than 50% of the length of the street -facing building wall. On corner lots, only one street -facing garage wall must meet this standard. In the CN-1, CB-2, MU and CB-5 Zones, garage opening(s) along the primary street frontage are not permitted if access is feasible from another local or collector street or from a rear alley, private street or private rear lane. If there is no feasible alternative, garage opening(s) may be allowed along the primary street frontage, provided that they occupy no more than 35 percent of the length of the primary street frontage of the lot and provided that all provisions of Article 14-5C, Access Management are met. Amend subsection 14-2B-6D, as follows: D. Building entrances for Multi -Family and Group Living Uses 1. For Residential Uses, buildings must have at least one door on the exterior of the building that provides pedestrian access to dwelling units within the building. Access to dwelling units must not be solely through a parking garage. 2. When a lot contains one principal building, the building must be oriented such that at least one facade faces a public or private street. The street -facing facade must have at least one main entrance to the building, or may contain separate main entrances to ground level dwelling units. If the building is located on a corner lot, only one wall must meet this requirement. 3. When a lot contains two or more principal buildings, the buildings must be oriented towards a public street, private street, or interior courtyard. Any building with a street -facing facade must have at least one main entrance oriented toward the street. Buildings located interior to a lot must have main entrances that are clearly visible from interior private streets/drives or surface parking areas. 4. Main entrances to a building, including main entrances to ground level individual dwelling units must be clearly demarcated by one of the following means (See Figure 2B.6, below): a. Covered porch or canopy; b. Transom and sidelight windows; C. Pilasters and pediment; d. Other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. Figure 28.6 - Main Entrances a. canopy 1 MLOW a, Porch b. Transom & c. vilasors & sidelight windows pediment 5. Patio -style doors, such as sliding glass doors, may not be used for main entrance doors. 6. To provide for the safety of residents, access to entrance doors of any individual dwellings units located above the ground level must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways may not be used as the primary means of access to dwelling units located above the ground level floor of the building. This provision does not preclude the use of fire egress structures. 7, The floor height at any street -facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk or pedestrian plaza. 8. A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights -of -way, and to parking areas and other on -site facilities. PLANNING AND ZONING COMMISSION PRELIMINARY MARCH 4 — 5:15 PM — INFORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Holecek OTHERS PRESENT: RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:15 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Comprehensive Plan Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Walz explained that the Commission will take any public comment they get at the March 4`h meeting and possibly the two meetings after that. She pointed out the future land use map, which was created by pulling from all the district plans. She said iYs always the district plan that should be looked to as to what should happen on a specific piece of land. She said it's noted in the plan itself to refer to the district plans. She said now, before it goes to City Council, is the time for people to advocate for changes. Comprehensive Plan / Rezoning Item A public hearing to amend the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street. Planning and Zoning Commission March 4, 2013 - Informal Page 2 of 7 REZ13-00005: Discussion of an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO-1) zone to Community Commercial (CC-2) zone for approximately 2.31-acres of property and to amend the Conditional Zoning Agreement for 1.3-acres of property currently zoned CC-2 located at the southeast corner of the intersection of Broadway Street and Highway 6. Miklo said they have met with the applicant and were anticipating a revised plan before Friday, but haven't received it. Miklo said staff is going to recommend some changes for the existing Conditional Zoning Agreement (CZA) that applies to the western part of the property that's already zoned Community Commercial (CC-2). He said after speaking with the police and the applicant staff would like to change the previous fencing requirements that called for a solid masonry fence to a wrought iron fence that allows more visibility, along with low shrubs and fewer evergreens. He said there may be changes to the whole property rather than just the east, as had previously been discussed. Freerks asked if that would affect the minimum screening standards. Miklo replied that they have to meet the minimum standards. Rezoning Items REZ12-00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of Dane Road and Mormon Trek Blvd). Cowell explained that there is a previous sensitive wetlands area, which extends into outlot E, the subject property. He said the applicant wishes to extend the parking lot in the buffer area in outlot B by using buffer averaging. He said when the subdivision was previously approved, there were mitigation measures that were supposed to be put in place, but they were overlooked. He said staff is recommending that they meet these mitigation standards before extending into the buffer area. Freerks said that even if it was another owner who failed to meet the mitigation standards, those standards are conveyed with the land. Miklo said that the former owner did not install the wetland mitigation improvements that were required. Freerks asked who checks that these requirements are met. Miklo explained how this situation came to be, which was basically that the developer forgot to do it, and it slipped through the cracks. Eastham asked if the staff at the City did not understand that the mitigation had not been done when the applicant applied. Miklo said they did not. Freerks said it might be interesting to have an idea how this can be prevented in the future and asked staff to look into it. Eastham asked if he is correct in thinking that the request in this application is to reduce a wetland buffer area. Miklo said he is correct. It was discussed that even with this reduction in wetland buffer, the buffer would be more than is required. Martin asked what the wetland mitigation is that they need to do. Miklo said there are invasive species of plants, so topsoil will have to be removed before putting in new topsoil and plant wetland species of trees and grasses. Planning and Zoning Commission March 4, 2013 - Informal Page 3 of 7 Eastham asked if the applicant had knowledge of this "forgotten" mitigation. The Commission thought that when you buy property, that's something you should know. ANN13-00001/REZ13-00002/REZ13-00003: Discussion of an application submitted by Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM-12) zone for approximately 2.0-acres of property, and a rezoning from Low Density Single Family (RS-5) zone to Low Density Multifamily (RM-12) zone for approximately 2.83-acres of property for a total of 4.83-acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Miklo said this application, if approved, would make these two parcels of land Low Density Multifamily (RIM-12). He said the Comprehensive Plan does show that northeast corner as being appropriate for multifamily. He said the concept plan submitted by the applicant basically follows the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an arterial, so staff is recommending that the applicant pay a fee toward the construction of the road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff would want the applicant to build a temporary sidewalk on American Legion Road, and when the City rebuilds the road, it would put in the full sidewalk to City standards. Freerks asked about the easement. Miklo explained that it would be in the right-of-way or on the applicant's property within an easement. He said on Scott Boulevard staff would recommend that the applicant put in an eight foot sidewalk as part of this development, and the City would then pay for the oversize cost, which is three feet of that sidewalk. Eastham asked about the side distance from the access street to the corner of Muscatine and Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a public street as shown on the concept plan. Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said staff anticipates the property to the east would develop, according to the Southwest District Plan, with town houses and eventually shifting to single family. He said what the City wants is the sixty foot right of way along the property line. Martin said the speed limit increases to 55 mph on American Legion Road when you cross over Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be reduced to 25 or 35 mph. He said would happen when annexation occurs. REZ13-00006: Discussion of an application submitted by The Crisis Center of Johnson County for a rezoning from Public (P) zone to Intensive Commercial (CI1) zone for approximately .78-acres of property located at 1105 S. Gilbert Court. Miklo explained that the property is zoned Public (P-1) and is owned by the county. He said the county is transferring the property to the Crisis Center and other social service agencies. He said staff feels Intensive Commercial (CI1) is the most appropriate, as that is on three sides of the property. He said it is also the most consistent with the neighborhood Comprehensive Plan for the area. REZ13-00007: Discussion of an application submitted by The Rose Company for a rezoning from Intensive Commercial (Gil) zone to Community Commercial (CC2) zone for approximately 2.12-acres of property located south of Highway 1, east of Ruppert Road. Planning and Zoning Commission March 4, 2013 - Informal Page 4 of 7 Miklo said this is an area where the Comprehensive Plan encourages more Community Commercial (CC2) and less Intensive Commercial (CI1) zoning as the uses within the CC2 zone would be more appropriate than the light industrial type uses allowed in the C11 zone. He said there are some issues with no sidewalks on either Highway 1 or Ruppert Road. He said as a condition of this application, staff is recommending that the walkway from the highway be installed and the sidewalk be extended on the western frontage of this property. He said staff recommends that the applicant pay for the cost of the sidewalk along Highway 1, which would be installed when the City does improvements along the south side. REZ13-00008: Discussion of an application submitted by JMK Holdings LC — The Vine Tavern for a rezoning to designate approximately .08-acres of property located at 529 S Gilbert Street as a Historic Landmark. Miklo said this property was reviewed by the Historic Preservation Commission last week and they determined that it did meet the criteria for local landmark designation. He said the applicant is also working to get this property listed on the National Register of Historic Places. He said the Planning and Zoning Commission's charge is to look at this in the context of the Comprehensive Plan. Miklo said this area is included in the Riverfront Crossings District, which acknowledges that there are a few historic buildings left in this neighborhood, and it's important to incorporate those into the redevelopment of the neighborhood. Miklo said the designation as local landmark puts restrictions on the property in that any extensive exterior renovations would require the approval of the Historic Preservation Commission and would also require their approval for demolition of the building. He said the benefits of the designation are that the Zoning Code, in order to encourage the reuse of buildings, has a special exception provision that the Board of Adjustment can waive certain zoning requirements such as parking standards and setbacks. Martin asked about imminent plans for the building. Miklo said the owners want to convert it to efficiency and one -bedroom apartments, and in order to do that, they have to provide parking or a waiver through the Board of Adjustment. County Subdivision Item CZ13-00001 / SUB13-00003: Discussion of an application submitted by S&G Materials for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat of The Sandlot, a 1-lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton Road SE. Cowell said this property falls within the City fringe area but outside growth boundaries, so City Council can comment on the zonings of these properties according to the Iowa City and Johnson County Fringe Area Agreement. He said the application is currently operating on a temporary use permit for sand and gravel recycling, and their request is for a rezoning to County Light Industrial (ML) so they can do those operations on a permanent basis without having to reapply for a Conditional Use Permit as it expires. Freerks asked how long they had been at temporary status. Cowell replied that they first applied for the recycling permit in 2010, and they have been under conditional use since 2000. He said the property does fall in the floodway, and building permits for new structures are unlikely to be issued. He said staff recommends forwarding a letter to the County to approve the rezoning, and if it were to be approved, there would be a subdivision that staff is also recommending be approved. Planning and Zoning Commission March 4, 2013 - Informal Page 5 of 7 Eastham asked if the staff thought that this use or any other permitted use would have deleterious effects upon any residential area that's within the City limits or future City limits. Miklo responded that it's highly unlikely that this will be annexed as a growth area, and there is no one living near here. Dyer asked if there was a risk because of the flood plain. Miklo replied that was their concern with the Light Industrial Zone. He said almost all the uses allowed in a light industrial zone other than this type of use requires some type of building, and the County will not issue a permit. Cowell added that the permit they are using right now has conditions that once they cease the recycling they will have to take mitigation measures to restore the land. Martin asked how long they have been doing this. Cowell said they got their permit for their sand and gravel operations in 2000, and in 2010 they started the recycling operations, which required a temporary use permit. Miklo said there is a difference in that the sand and gravel operation is extracting the material and the equipment on the site that processes that material is what necessitates the industrial zoning. He said they also recycle concrete, and that's not something the County allows in the Agricultural zone except on a temporary basis. He said the County requires the rezoning to allow this use on a permanent basis. Dyer asked if this sort of recycling wouldn't leave toxic materials in the floodway. Miklo said it requires DNR approval. Dyer said she thought they were limited in their abilities to enforce their regulations these days. Vacation Item VAC13-00002: Discussion of an application submitted by Christian Retirement Services, Inc. for a vacation of the public right-of-way located on George Street between Benton Street and Oakcrest Street. Miklo reminded the Commission that there was a rezoning application on this property in 2012 that was approved. He said the proposal includes the skywalk connecting the proposed building to the existing one. He said in order to make use of the public right of way, the City Attorney has determined that vacation of that right of way must occur. He said the vacation would start twenty feet above grade so it wouldn't interfere with normal use of the street. He said this vacation would help improve circulation in the area, and the staff recommends approval. Dyer asked why this didn't come up when the property was rezoned. Miklo said in the past skywalks have been approved as a temporary use of the right of way, but there is some question of whether this is temporary and therefore vacation of the air rights is proposed. Code Amendment Items Discussion of an amendment to Title 14: Zoning Code to allow multi -family dwelling units to be located on or below the street level floor of a building by special exception in the CB-5 Zone for buildings designated as Iowa City Historic Landmarks. Miklo said this would be expanding a provision that is currently in the Code. He said the ordinance is designed to allow some flexibility for historic buildings, but to prevent buildings on commercial streets from being converted to residential on the ground floor. He explained the Planning and Zoning Commission March 4, 2013 - Informal Page 6 of 7 requirement that apply to buildings that could apply for this exception. He said this applies to several buildings in the Riverfront Crossings area. Discussion of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Miklo explained that current ordinance works by identifying the woodlands that are going to be saved and then you create a fifty foot buffer around that woodland to prevent root damage by excavation. He said there's no credit for those trees in that buffer. He said this proposal offers an alternative that if a developer wants to do a detailed tree survey they would identify the drip line or root zone of the trees to be preserved, which would likely be less than fifty feet. He said this amendment would also allow credit for other trees on the property that are being preserved. Eastham asked what generated the staff's interest in this issue. Miklo replied that it had been on staff's list for some time based on some of the projects that have gone through the sensitive areas review. OTHER ADJOURNMENT: Eastham moved to adjourn. Martin seconded. The meeting was adjourned on a 7-0 vote. z O N cN CG C O U _z z 0 W z_ z z J IL LL O c9 U z W w Cl) w W o w V N z N J T Q z N z 0 W LL H H a NXxxxxLU c N X X X X X X X r Z X X X X X X X T r X X X X X X X C14 T XX-XXX LIJ N - - X X X X X X X T 00 �Xxxxxxx T 00 o x x x x x W X T O oxxxxxxx T WI X x X X X X w X x x x x x- co 0 X X X p X p Zxxxxxxx r C'4LU xxxxxxo to X X X X X X X r T X x X X X X X h Xo 0 0 0 0 0 0 w w J w J z M J= V a= W a a 2 O 0 U= Z Q a w W W a>-awa F-w���H z0 W LL2cn xxw -3: V z LU w w a O LL z M X X X X X X X N X X X X X X X QX x X X x X LLI N X X X X- X X T Nxxxxxxx T oaxxxxxo 1 0 X p X X X M �xxxxxx ui o O h X X X X 0 X 0 ib 0 X X X X 0 0 exxxxxxx m x x x X x x x 4 N M X X X X X X S._ w wa.LO 0 (o m r Lo In m w a. 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HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Bob Miklo, Sarah Walz, Charlie Cowell, Sarah Greenwood Hektoen OTHERS PRESENT: Mary Gravitt, Wally Pelds, LeAnne Krell, Scott Pottorff, Nate Herbst, Roxanne Bohlke, John Rummelhart, Vicki DeBono, Janel Chung, Jesse Allen, Becci Reedus, Doug Ruppert, John Shaw, Pat Heiden RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 to recommend approval of ANN13-00001/REZ13-00002/REZ13- 00003 for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM-12) zone for approximately 2.0-acres of property, and a rezoning from Low Density Single Family (RS-5) zone to Low Density Multifamily (RM-12) zone for approximately 2.83-acres of property for a total of 4.83-acres of property located at the northeast corner of Scott Boulevard and American Legion Road with the six conditions as laid out in the staff memo: 1. There will be payment of fees for the street improvements to American Legion Road as spelled out in the subdivision regulations. 2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City paying for the oversize cost, or three feet of that sidewalk. 3. There will be installation of a temporary sidewalk along American Legion Road until such time American Legion Road is reconstructed by the City when the permanent sidewalk is installed. 4. There will be installation of a public right of way built to City standards along the eastern property line. 5. Approval of the development plan for the subject property by the design review committee. 6. The additional right of way will be dedicated to the City for improvement of Scott Boulevard and American Legion Road. The Commission voted 6-0 to recommend approval of REZ13-00006 to rezone approximately .78 acres of property at located at Gilbert Court from Public (P-1) to Intensive Commercial (CI-1) The Commission voted 6-0 to recommend approval of REZ13-00007 a rezoning of approximately 2.12 acres of land located at the south east corner of Ruppert Road and Highway 1 West from Intensive Commercial (CI-1) to Community Commercial (CC2) Planning and Zoning Commission March 7, 2013 - Formal Page 2 of 18 subject to the Conditional Zoning Agreement that requires construction of a sidewalk on Ruppert Road and payment of fees towards the construction of a future sidewalk on Highway 1. The Commission voted 6-0 to recommend approval of REZ13-00008, an application to designate 529 S. Gilbert Street as an Iowa City Historic Landmark. The Commission voted 6-0 to recommend approval of CZ13-00001 / SUB13-00003: for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat of The Sandlot, a 1-lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton Road SE The Commission voted 6-0 to recommend approval of VAC13-00002, a request to vacate eighteen hundred square feet of air rights above the George Street public right of way as well as below grade right of way subject to staff approval of the design of the skywalk. The Commission voted 6-0 to recommend approval of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt of 2714 Wayne St. said she was here to get information about the property at Gilbert and College Streets. She said a twenty story building there is inappropriate because it borders on the historic and protected neighborhoods. She wanted to know if it had been zoned yet and what category and class. Miklo said the current zoning is Public (P). He said with the course the City Council has set, it would be zoned Central Business (CB-10). He said the City has received a request from other parties requesting that it be zoned Central Business Support Zone (CB-5). He said that is likely to be on the Planning and Zoning Commission's agenda April 41". Gravitt asked if the preamble in the City Code has anything to do with the Code or is it a separate entity. Freerks said the Commission refers to the Comprehensive Plan often and recommended that Gravitt read through it. Comprehensive Plan Public hearing on an amendment to the. Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." Miklo said the last update of the Comprehensive Plan was in 1997 and is due for some revision. He explained what the Plan is, what it addresses, and what it is used for. He said in terms of future development, there is a land use plan associated with the Comprehensive Plan. He said Planning and Zoning Commission March 7, 2013 - Fonnal Page 3 of 18 in 1997 the city was divided into sub -areas, and detailed plans for all but two of these areas have been done. He said with the updated Plan, staff proposes that the District Plans continue to be part of the City's official documents and plans to guide preservation and new development. Miklo said the Comprehensive Plan consists of the District Plans, the Riverfront Crossings and the Downtown Development Plan, the Towncrest Plan, the City Steps Plan, the Historic Preservation Plan, among others. Walz gave a presentation on how and why this update to the Comprehensive Plan has changed. She said this update does not contain huge changes from the policies of the 1997 Plan, but it does recognize that while the City has made tremendous progress in some areas, other areas need to be worked on, and there are new challenges. She said they made changes based on the Downtown and Riverfront Crossings planning processes, the District Planning processes, and the two Comprehensive Planning Workshops that were held to get the public's input, and the Good Ideas campaign on the Internet. She said this update has a focus on sustainability as defined by the environment, society and economics. Walz showed a list of things that are consistently liked by the public. She said the small town feel with the big city attractions sums it up for what many people like about Iowa City. She said the cover of the update is based on the words people used when they talked about what they liked about Iowa City. She said the a major challenge identified by the public was economic development, which includes a desire for new start-ups, helping local businesses grow, better cooperation among local governments, affordable housing and housing diversity, and preserving neighborhood schools. Walz said work has already begun on some of the Good Ideas, including securing a grant to examine creating more access to the Iowa River by changing the Burlington Street Dam, supporting an upgrade in rail transit from Des Moines to the Illinois border, extending bike lanes across the Burlington Street Bridge, and exploration of the feasibility of having an indoor farmers' market in Riverfront Crossings. Walz summarized the entire update regarding growth, land use, housing, economic development, transportation, environment and resources, parks and open space and arts and culture. She said the Plan is available on the City's website. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to defer this item to the Planning and Zoning Commission meeting of March 21. Weitzel seconded. A vote was taken and the motion carried 6-0. Comprehensive Plan / Rezoning Item A public hearing to amend the Comprehensive Plan - South District Plan to change the land use designation from Multifamily to General Commercial for property located at the southeast corner of the intersection of Highway 6 and Broadway Street. Planning and Zoning Commission March 7, 2013 - Formal Page 4 of 18 REZ13-00005: Discussion of an application submitted by Casey's General Stores, Inc. for a rezoning from Commercial Office (CO-1) zone to Community Commercial (CC-2) zone for approximately 2.31-acres of property and to amend the Conditional Zoning Agreement for 1.3-acres of property currently zoned CC-2 located at the southeast corner of the intersection of Broadway Street and Highway 6. Miklo said this was deferred from the Commission's last meeting to allow consideration of changes to the plan to address concerns about neighborhood compatibility. He said the western portion of the property that's requested for rezoning is zoned Community Commercial (CC-2) but has a Conditional Zoning Agreement (CZA) that requires a landscaping buffer along the south and east boundaries. He said the CZA also requires at least a five foot high masonry wall and extensive evergreen landscaping. He said after consulting with the City Police Department staff is working with the applicant to develop a plan that would provide for more visibility. He said the applicant did submit a new plan using a wrought iron fence with some deciduous trees and low shrubbery. Miklo said the staff and the applicant will continue to work with City's Crime Prevention Officer to find a plan that achieves the objective of providing screening but also provides for visibility for the site. He said some elements of the Code regarding landscaping conflict with the visibility that is recommended for this site. He said since the screening will be less dense, staff feels that the design of the buildings and the canopies are very important because they will be highly visible to the surrounding neighborhood areas so that discussion needs to be continued with the applicant. Miklo said staff is recommending deferral. Thomas asked what is happening with the trail that is running through the eastern part of the property. Miklo replied that this is the Highway 6 trail and there would a connection from the trail to the convenience store. He said there also may be some storm water detention in that area. Thomas commented that there are multifamily residential along the eastern edge of the property and he doesn't see as much landscape treatment. Miklo said that is a point of discussion and staff suggests the same wrought iron fence be continued through here. He said the property manager's wish is to have little landscaping but staff thinks there is room for some low shrubbery in addition to the fence. Eastham said this property is bordered on two sides by multifamily housing, and in the past when they have considered this kind of redevelopment near a residential area, the Commission has gone to considerable lengths to try to isolate the use of the redevelopment from surrounding residences. He asked if they are getting away from that objective. Miklo responded that he would use the word "buffer" rather than "isolate". He said they are looking at a different, softer method of buffering plus using distance as a buffer. He said that they want the back of the building to be well designed because that's what faces the residential areas, and the building itself will act as a buffer between residential and the gas pumps. He said there is still some disagreement about the buffering that they are trying to work out. Eastham said the headlight effect on residential areas would be fairly noticeable on the east side. Miklo said there is discussion about having some low hedge to screen that. Freerks said they did receive a letter from someone across the highway concerned about headlights and traffic noise. Freerks opened public hearing. Wally Pelds of Pelds Engineering and representative for the applicant said they plan on addressing the headlight issues by planting a shallow hedge and then creating a grade or berm so the headlights would not be shining to the north. He said they may ask for some leniency or variances as to buffering from the properties to the south. Planning and Zoning Commission March 7, 2013 - Formal Page 5 of 18 Freerks asked if he agrees that the design of the building is important for fitting in, perhaps something beyond the standard. He explained the design features of the building, and said they will continue to work with staff. Eastham asked if the trees would be installed on the applicant's property. Pelds said they would be. Freerks said at the next meeting the Commission will be looking at the issues of noise, light, and canopies so they will be compatible with the neighborhood. Martin asked Pelds if there is a design for the pass -through the fence. Miklo said yes, it's a public right of way. Thomas said that he liked the idea of a berm very much. LeAnne Krell, legal counsel with Caseys General Stores, said she has the authority to waive the 45 day limitation, and so waives it. She said she had talked with police at the station directly across from the site, and they want a clear sight line, no landscaping where people could hide, or any design elements that lend themselves to graffiti She said she wanted to ask the Commission how much leniency they are going to give regarding the recommendations of the police versus minimum standards of the Code. She said they are still very interested in this site, but understanding law enforcement's concerns, she would like to get some clear indication whether or not a variance would even be entertained. Freerks said this body does not grant variances. She said what she would suggest is that the applicant, the planning staff and the police department meet to discuss the plan. She said there are certain standards that she thinks can be met, and this is achievable. She said she thinks the design of the building is very important. Miklo said there are two aspects of the current plan that don't comply with the City's minimum zoning requirements. He said the screening in two different areas and the street trees along Highway 6, and he wouldn't see the street trees as being an issue in terms of visibility. Freerks said if they are going to be absolutely minimal in some categories, it's helpful to achieve something a little stronger in building design in order to make up for that. Krell asked if what they are looking for is an overall development that is aesthetically pleasing that addresses the concerns of law enforcement, that best meets as is possible the requirement. Freerks agreed with that statement. Eastham said for him that it be aesthetically pleasing is the primary goal. Freerks said noise and lighting are very important in this kind of redevelopment, and she cited the North Dodge Hy-Vee. She perhaps they could go a bit beyond the corporate model in this case. Freerks closed public hearing. Eastham moved to defer these items to the Planning and Zoning Commission meeting of March 21. Thomas seconded. A vote was taken and the motion carried 6-0. Planning and Zoning Commission March 7, 2013 - Formal Page 6 of 18 Rezoning Items REZ12-00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of Dane Road and Mormon Trek Blvd). Miklo introduced Charlie Cowell, a graduate student in Urban and Regional Planning at the University of Iowa, who is an intern in the Planning Department. Cowell said the area south of the subject property is County Residential with homes along Dane Road. He said that outlot B on the subject property is where the Sensitive Areas Development Plan Overlay is located and where the buffer reduction is being requested. He said outlot B was set aside according to the Sensitive Areas Plan for storm water management and wetland restoration when it was put in place in 2003. He said the property was annexed along with a larger land mass in 2003 into the JJR Davis Addition, who was the previous owner. Cowell said the area ordinance requires a fifty foot buffer between the development and the wetlands. He said the original owner requested buffer averaging, which is permitted when an increased buffer in one area is required for aesthetics and increased wetland mitigation. He said along Mormon Trek the buffer was increased and in exchange for a reduction in the north central part of the outlot. He said the original plan in 2003 provided 4,46 acres of buffer area, which was above the minimum requirement of 3.56 acres based on the fifty foot wide buffer area that was required. He said the applicant requests a buffer reduction to expand its automotive dealership display area to the south. He said with the expansion it would eliminate .3 acres of the buffer area but the overall area would still meet the minimum requirements at 4.14 acres. Cowell said the original plan that was submitted to the Army Corps of Engineers required mitigation measures, including wetland soil analysis, a list of plants to be used for mitigation, and monitoring provisions. He said the plan was approved but the mitigation measures never got implemented. He said staff is recommending approval of the Sensitive Plan Amendment for buffer reduction under the condition that the mitigation improvement measures be installed prior to development, and these would include native buffer seeding, wooded wetland planting, tree planting and protection, and required wetland monitoring reports submitted to the City and the Corps. Freerks asked if none of the mitigation was done. Miklo said he asked the City Housing and Inspection Department how that happened and was told that the previous subdivision approved by JJR had a public street installed in this area. He said normally before a public street is accepted, there is an inspection done to make sure all the storm water management facilities are put in. He said at some point that public street was vacated so there was never an inspection and none of the mitigation was done. Eastham asked if there is already an auto display area in place and if the request is to extend that area. Cowell said yes, and it would encroach into the buffer for the wetland mitigation. Greenwood Hektoen said there has already been a lot line adjustment to expand Lot B into the area that previously was Outlot B, but the sensitive areas buffer remains encumbering that area. Freerks asked if it has to be reassigned. Greenwood Hektoen said it does. Swygard asked where one of the pictures was taken from. She said she wanted a sense of how close the dealership was to a residential area. Miklo showed her on a map. Planning and Zoning Commission March 7, 2013 - Formal Page 7 of 18 Martin asked if the monitoring of the mitigation installments is common for other mitigations. Miklo said the City has required it depending on the size and quality of the wetland, and in this case they want to make sure it is done correctly, so that is why staff is recommending it as a condition. Martin asked who monitors it. Miklo said the applicant would have a wetland specialist review it on an annual basis. Freerks asked if the Inspection Department could come up with a way that this doesn't happen again. Freerks opened public hearing. Scott Pottorff of MMS Consultants said they have been working with the applicant on this wetland restoration plan and can take questions. Swygard asked why the applicant chose not to use the good neighbor policy. Nate Herbst of H&R Construction, who is a representative for the applicant, said that came as a surprise to him. He said if he had known, they would have used the good neighbor policy. Freerks asked if he could tell them where the houses are located right below the county line. Nate says there is a treeline to the southwest that kind of buffers the Commercial from the residential, and he would estimate that it is about two hundred feet on the southwest side of the wetlands. Freerks asked if the lighting standards would apply even though it's County. Miklo said they would. He said there are restrictions on the height of any fixtures that are within three hundred feet of a residential zone. Nate said when the applicant purchased the property from JJR Davis, they were told that the work was done. Roxanne Bohlke of 4195 Dane Road SE, a long-time resident, said it's been sad to watch the wetlands and habitat disappear. She says there is no lack of asphalt and parking for the dealership. She said if the applicant only takes .3 acres, she can't see how it's important to take that negligible an amount. She said they have a considerable amount of area already to park their cars. She said there are many animals in the habitat. She said Billion Auto wasn't here for either the 1993 or 2008 floods, and she is curious if the water running off those parking lots is going toward the city or into the wetlands. She said the more wetlands are conserved, the better the watershed will be in that area. Pottorff said the building and property are split into two watersheds so most of the run-off is piped with an overland flow route for larger storms coming into the wetlands. He said there is another storm water management system that gets piped down to the airport. Freerks asked how the mitigation will deal with the storm water. Miklo said it's been the City's experience that when you combine storm water and wetland facilities, it's a real challenge, and that's why it's so important that this plan be put in place and done correctly. He said they would be working both with the City and the Corps of Engineers. Planning and Zoning Commission March 7, 2013 - Formal Page 8 of 18 Pottorff said he has been working with the Corps to make this a better plan than what it was in 2003. He said they are typically hired to do monitoring on their sites, but in this case they hadn't been hired, so they didn't know it hadn't been installed either. Eastham asked if the storm water from the southern half of the auto display area goes toward the residents along Dane Road but is intercepted before it gets to them. Pottorff said that was correct. He said the plan is to install storm water management per City Code to detain that run off and slowly release it into the waterway it currently follows. Freerks asked Miklo if staff is comfortable with the Commission moving forward. Miklo said staff is recommending approval subject to the monitoring occurring and subject to the installation of the mitigation improvements prior to the additional paving being done. Freerks said she was concerned because water can be so damaging to properties. Miklo said the City Engineers are satisfied with the storm water management plan. John Rummelhart of 1112 E. Court Street said he is part owner of the closest county house to the subject property. He wanted to know where, in exchange for a greater buffer adjacent to Mormon Trek, the reduced buffer reduction in the north central portion of outlot B is. Pottorff showed him on a map. Freerks said they are still going to have .6 acres above the minimum number. Rummelhart said he was not comfortable with the fact that the applicant already has 45 spaces for car display along Mormon Trek Bouldevard, and they are trying to get five more for increased exposure and sales. He was upset that they didn't have a good neighbor meeting. Rummelhart wanted to know if this was the same plan from 2003. Miklo said it is basically the same, but some of the mitigation in conjunction with the storm water has been revised to add practices that the Corps thinks will better handle the storm water. Rummelhart said the seeding standards and distances between trees have been reduced since the 2003 plan. He said in the agreement with the original owner it states that an obligation to maintain outlot B shall include but is not limited to the obligation to comply with the compensatory wetland mitigation plan approved in connection with the ordinance zoning this property and obligation to maintain the storm water detention basin area. He said that is what now is the applicant's responsibility rather than to reduce the buffer more, add more parking, and have more cars on the frontage. He said the applicant has already taken huge advantage of buffer areas. Rummelhart asked if any calculations have been done for storm water. Miklo replied that the City Engineers reviewed the storm water management plan based on the City's storm water management ordinance. Rummelhart asked if funds had originally been escrowed for this wetland. Miklo said they had not. Rummelhart said he was concerned about the elevation of the parking lot and the lighting. Miklo explained that there are currently vehicles parked on the mitigation area that will have to be removed. He said the county property to the south was identified in an earlier plan as a material storage area, and as soon as the restoration is complete any activity associated with the wetland or the dealership should not be on that property. He said the property is zoned residential and can't be used for the dealership, so since they are proposing to reduce the buffer on the north perhaps the applicant's residential lot located south of the wetland could be set aside to compensate for the reduction. Miklo said if there are concerns about lighting, the Commission could put restrictions on any additional lighting in the subject area. Freerks asked how lighting has been addressed in the Planning and Zoning Commission March 7, 2013 - Formal Page 9 of 18 past in a wetland buffer mitigation area. Miklo replied that the Code really doesn't address lighting in that situation. He said the Code says that if you are within three hundred feet of a residential zone the height of the light fixtures is limited to a maximum of 25 feet. Vicki DeBono of 4173 Dane Road said the applicant has already overstepped what they were allowed to do. She said that vehicles are parked where they are not allowed, and it's been a safety issue all winter, and she would like to the applicant to do what they are supposed to do. She asked to see where the .3 acres will be, and Miklo showed her the approximate area on a map. She said it's approximately eighty-five feet from the properties to the dealership when considering lighting. She said that waterway handled a lot of water without all the pavement on the applicant's property and she wants to know how many acres of pavement there are now. She asked if there was any wildlife and plant inventory done in the wetland. Pottorff said with the original development they did a wetlands analysis evaluation, and at that time an inventory would have been done. DeBono said her hope is that someone does an inventory during growing season to make sure that something significant isn't plowed up to put in native grasses. Miklo said there are some invasive species in the area, and the goal was to remove those to allow the wetland species to recover. DeBono asked about a nearby property being donated to the City for prairie restoration. Miklo said that there were some discussions about the area to the south being dedicated to the City for a prairie preserve. DeBono stated that she hoped the City would understand that anything that affects habitat there will affect habitat on a nearby property as well. Roxanne Bohlke said she would like someone from the City to take photographs of the land that might be donated to the City that is behind the dealership, so they can get a perspective on why the residents feel so passionate about it. She said there are many waterways on this property. Miklo said none of the streams are identified on their maps. Bohlke said it depends on the time of year and the weather. Eastham asked if her point about the additional waterways is that the storm water plan may not capture the run-off that's coming from that area. She said the whole network behind the homes on Dane Road feed into the Iowa River, and they are concerned about the watershed. Nate Herbst said they will be doing the wetland mitigation work and hope to start as soon as April. He apologized for the cars that are parked on the buffer and will get them moved. He said what the .3 acres will do is get forty-two stalls onto pavement so that situation doesn't occur again. He said approval of the application will get the wetlands restored, they will add stalls, which will get vehicles away from where they aren't supposed to be, and it is just .3 acres and they are within the Code. Eastham asked how many parking stalls exist already. Herbst said he would guess one -hundred and twelve. Freerks asked if all the survey information is new since they purchased this land in January. Herbst said it's 2003 information tweaked and reapproved by the Corps. Freerks said her concern is that no one at the meeting knows what really is the mitigation area, that nothing is marked off. Janet Jung of 4181 Dane Road said she thinks they should be getting everything fixed, after which the applicant can approach asking for a favor. She asked where the buffer would be. Miklo replied that the buffer would be narrower and bring the cars closer to where the houses are. He said they suggested to the applicant making the vacant lot a buffer area to compensate for the additional area. Jung said the applicant had been warned several times in the past six Planning and Zoning Commission March 7, 2013 - Formal Page 10 of 18 months about moving the cars parked on the buffer Rummelhart said the intent of a buffer strip is to be around the entire wetland area, not to be compressed into one little area. He said there are other places on the property they could park the cars they want the spaces for. He said the plan in 2003 was agreed on, and now Billion want to keep chipping away at it. He said enough is enough. Freerks closed public hearing. Eastham moved to defer this item to the March 21 meeting. Swygard seconded. Eastham asked if the applicant could apply for the same buffer reduction if the wetland mitigation plan had originally been fully implemented. Miklo said yes. Eastham asked if this application is rejected can the wetland mitigation original plan still be put in place. Miklo said what he would recommend is to approve the modifications to the wetland plan, and if the Commission were reluctant to approve the buffer, don't approve that aspect of it. Freerks said she would like more information on how lighting could be staged downward as it gets closer to buffer area and housing. She would like to see the area marked out immediately. She said she would like staff to talk to the applicant to see if there could be some compromise to use the area where the house was removed as buffer, particularly because it can't be used for storage and you can't park cars on it. Thomas asked about screening. Freerks said she would like to know if all the screening standards have been met and what they need to be. Thomas said he's concerned about the height of those lights, so his concern is a really strong tree buffer. Martin asked if it's possible for a good neighbor meeting to take place before the next Planning and Zoning meeting. Miklo said they can ask. Eastham said he thought that was a good idea too. Martin said it was important to have the extended area flagged out. A vote was taken and the motion carried 6-0. Freerks called for a three minute break, after which the meeting was called to order ANN13-00001/REZ13-00002/REZ13-00003: Discussion of an application submitted by Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM-12) zone for approximately 2.0-acres of property, and a rezoning from Low Density Single Family (RS-5) zone to Low Density Multifamily (RM-12) zone for approximately 2.83-acres of property for a total of 4.83-acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Miklo said part of the subject is already in the city and zoned Low Density Single Family (RS-5) and part is in the county and zoned County Residential (R). He said this would be annexed into the city and the overall property would be rezoned to Low Density Multifamily (RM-12). He showed some images of the property and the house on the property that would be removed. He said since the informal meeting on Monday, the City has a plan for a round -about improvement at this intersection which would require some additional right of way from this property, so staff is revising its recommendation to use additional right of way from American Legion Road in addition to this corner to accommodate the roundabout. He said staff is recommending that the Planning and Zoning Commission March 7, 2013 - Formal Page 11 of 18 right of way be on American Legion Road be brought up to City standards of 100 feet wide and to include the area of the round -about as a condition of the rezoning, as increased density in this area will create a need to address some of the traffic issues. He showed a concept plan showing how the property might be developed. He said staff finds this is in compliance with the Comprehensive Plan so staff is recommending approval with six conditions: 1. There will be payment of fees for the street improvements to American Legion Road as spelled out in the subdivision regulations. 2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City paying for the oversize cost, or three feet of that sidewalk. 3. There will be installation of a temporary sidewalk along American Legion Road until such time American Legion Road is reconstructed by the City when the permanent sidewalk is installed. 4. There will be installation of a public right of way to City standards along the eastern property line. 5. Approval of the development plan for the subject property by the City's design review committee. 6. The additional right of way will be dedicated to the City for improvement of Scott Boulevard and American Legion Road. Miklo clarified that the application indicated that there was not a good neighbor meeting but he understands that such a meeting did take place. Freerks opened public hearing. Jesse Allen of Allen Homes said they did have a good neighbor meeting but none of the neighbors came. He said they did hear that there was some concern about a year ago from residents in Hampton Court so he was attempting to contact them. He said what got them interested in this project was the need for a good, affordable multifamily development on the east side of town that might appeal to the 55 and older demographic as well as others interested in buying a home. Thomas asked what Allen's plans are for the outdoor area. Allen said they are considering an open air structure or a barbecue area for the residents of both buildings to foster a community spirit. He said they will be integrating trees into the parking lot as well as screening the garage. He said they will be saving the fir trees along Scott Boulevard. Martin asked who would build the roundabout. Miklo said it would be the City. Martin asked if all of the parking would be underground. Allen said they would have some parking areas for visitors outside. Martin asked how many units there might be. Allen said the maximum they could do is sixty-five and there are a number of configurations they are considering. Freerks closed public hearing. Eastham moved to recommend approval of ANN13-00001/REZ13-00002/REZ13-00003 with the six conditions as laid out in the staff memo: 1. There will be payment of fees for the street improvements to American Legion Road as spelled out in the subdivision regulations. 2. There will be installation of an eight foot wide sidewalk on Scott Boulevard, with the City paying for the oversize cost, or three feet of that sidewalk. 3. There will be installation of a temporary sidewalk along American Legion Road until such time American Legion Road is reconstructed by the City when the permanent sidewalk is installed. Planning and Zoning Commission March 7, 2013 - Formal Page 12 of 18 4. There will be installation of a public right of way to City standards along the eastern property line. 5. Approval of the development plan for the subject property by the design review committee. 7. The additional right of way will be dedicated to the City for improvement of Scott Boulevard and American Legion Road. Swygard seconded. Freerks said she thinks this will be a nice addition to the east side of town. Eastham said he thinks this is a good use of the land on this corner and complies with the Comprehensive Plan's concept about putting developments on arterial streets where there's good access. Martin said she thinks this is a nice transition between the developments on both sides and is a nice segue way into filling this land in productively. A vote was taken and the motion carried 6-0. REZ13-00006: Discussion of an application submitted by The Crisis Center of Johnson County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for approximately .78-acres of property located at 1105 S. Gilbert Court. Miklo said this property was until recently owned by the County and is currently Public (P). He said it is being sold to a group of non -profits who will operative a human services agency from the building. He said the surrounding property is all zoned Intensive Commercial (CI-1) with the exception of properties on Kirkwood Avenue. He said this complies with the Comprehensive Plan, and staff is recommending approval with no conditions. Freerks opened public hearing. Becci Reedus of the Crisis Center said the Crisis Center owns the property and it will be occupied by three other organizations. She said they are required to have 49 parking spaces and their design shows 79. She said they had a good neighbor meeting. Martin asked what the goal of the capital campaign for the renovation of the building is. Reedus replied that it is 1.2 million. Freerks closed public hearing. Thomas moved to recommend approval of REZ13-00006 to rezone approximately .78 acres of property at located at Gilbert Court from Public (P-1) to Intensive Commercial (CI-1) Weitzel seconded. Freerks said the Comprehensive Plan supports the coordination of neighborhood services and this item does just that. A vote was taken and the motion carried 6-0. Planning and Zoning Commission March 7, 2013 - Formal Page 13 of 18 REZ13-00007: Discussion of an application submitted by The Rose Company for a rezoning from Intensive Commercial (CI1) zone to Community Commercial (CC2) zone for approximately 2.12-acres of property located south of Highway 1, east of Ruppert Road. Miklo said staff recommends approval of this application subject to a Conditional Zoning Agreement specifying the construction of a sidewalk on Ruppert Road and payment of fees towards the construction of a future sidewalk on Highway 1. Swygard asked if there is a concept plan for this application. Miklo said the applicants showed the planners a concept plan before they submitted the application. Swygard asked if the building will be on Highway 1. He said the north side will face the highway, and the bulk of the building will face Ruppert Road, with the entrance at the corner. Freerks asked if bus service runs out that far. Miklo said there's a route that runs fairly close Freerks opened public hearing. Freerks asked if storm water is taken care of. Miklo replied that the size of the site is not large enough to require storm water management. Freerks closed public hearing. Weitzel moved to recommend approval of REZ13-00007 a rezoning of approximately 2.12 acres of land located at the south east corner of Ruppert Road and Highway 1 West from Intensive Commercial (CI-1) to Community Commercial (CC2) subject to the Conditional Zoning Agreement that requires construction of a sidewalk on Ruppert Road and payment of fees towards the construction of a future sidewalk on Highway 1. Eastham seconded A vote was taken and the motion carried 6-0. REZ13-00008: Discussion of an application submitted by JMK Holdings LC — The Vine Tavern for a rezoning to designate approximately .08-acres of property located at 529 S Gilbert Street as a Historic Landmark. Miklo said the Historic Preservation Commission has determined that this meets the criteria for landmark status. He said it is in the Riverfront Crossings area, which identifies the group of buildings along this portion of Gilbert Street as remaining, given their historic status. He said staff finds that this application does comply with the Comprehensive Plan and recommends approval. Freerks opened public hearing John Shaw, the architect for the project, said he thinks this is a wonderful example of a beautiful, simple historic industrial building that should be protected. Freerks said she would agree, and she's happy it's still there. Martin asked if it is in historic preservation purview to maintain the vines that are on the brick. Shaw said the building is called The Vine, and the vines will stay in place. Freerks closed public hearing Planning and Zoning Commission March 7, 2013 - Formal Page 14 of 18 Weitzel moved to recommend approval of REZ13-00008, an application to designate 529 S. Gilbert Street as an Iowa City Historic Landmark. Eastham seconded Freerks said this is a different kind of building from what people often think of as historic, but she thinks it is wonderful that people have taken on this project, and she thinks and hopes it will be very successful. She thinks there might be a few other such buildings in the area that would fall within the same category eventually. Weitzel said that industrial buildings are often determined historic, but Iowa City just doesn't have many. A vote was taken and the motion carried 6-0. County Subdivision Item CZ13-00001 / SUB13-00003: Discussion of an application submitted by S&G Materials for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat of The Sandlot, a 1-lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton Road SE. Cowell explained that this is in the Johnson County Sensitive Areas Ordinance area as well as in a flood way, so that would limit the types of industrial uses that would be permitted in the County Light Industrial (ML) zone. He said that in response to a question that was brought up at the informal meeting on Monday, the County has notified City staff that there wouldn't be any hazardous materials that would harm the river, and that there would just be concrete recycling. He said that staff is recommending forwarding a letter to the Johnson County Planning and Zoning Commission recommending that rezoning to County Light Industrial be approved. He said staff also recommends that SUB13-00003 be approved. Eastham asked if the County was not going to approve the use of asphalt recycling on this site. Cowell replied that the question was brought up if there were any hazardous materials that were currently on the site that could be hazardous to the river if it flooded again, and the County indicated that it was concrete recycling done on the site, not asphalt. Miklo stated that the indication is that the applicant only intends to do concrete, although asphalt might be a possibility. He said there are also gasoline and oil associated with the equipment on the site, but that could occur anywhere else along the river, and if there were an imminent flood, they could move the equipment. Freerks opened public hearing. Freerks closed public hearing Thomas moved CZ13-00001 / SUB13-00003: an application submitted by S&G Materials for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat of The Sandlot, a 1-lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton Road SE be approved. Weitzel seconded. A vote was taken and the motion carried 6-0. Planning and Zoning Commission March 7, 2013 - Formal Page 15 of 18 Vacation Item VAC13-00002: Discussion of an application submitted by Christian Retirement Services, Inc. for a vacation of the public right-of-way located on George Street between Benton Street and Oakcrest Street. Miklo showed the Commission some exhibits and explained that the vacation will consist of a portion of air rights and rights to use property under the street for footings in order for Oaknoll to construct a skyway between the existing campus and the new construction. He said the skywalk will be at least twenty feet above ground so it won't hinder any public use of the right of way. Swygard said there are several other skywalks in place, and asked if it is typical for them that air rights be vacated. Miklo said for the University skywalk over Dubuque Street, the determination was that Dubuque Street was once a State road so they had the rights to do that. He said for Mercy Hospital and the two county buildings there are use of right of way agreements. Greenwood Hektoen explained that State law states that the City can't convey a permanent interest in the right of way to a private entity. She said the other skywalks either have a public purpose or they have been conveyed to another public entity. She said because this application is solely for private use, the air rights and subterranean rights have to be vacated in order to convey this type of permanent interest. She said the City will still have the surface rights. Eastham asked if vacating the sub -surface rights will affect the ability of the City to rebuild or repair the street. Miklo said it would not. Thomas asked if the rights are actually purchased. Greenwood Hektoen said they are. Freerks opened public hearing. Doug Ruppert, the attorney for Oaknoll, said they held a good neighbor meeting on this issue. Thomas asked if the skywalk had been designed yet. Pat Heiden, the executive director at Oaknoll, said it has been designed and the design for the entire project was shown at the good neighbor meeting. Miklo said staff's recommendation for approval is subject to staff approval of the design of the skywalk. He said staff feels it's important that the City Engineers review the plans. Heiden indicated that Oaknoll is amenable to that recommendation. Freerks closed public hearing. Eastham moved to recommend approval of VAC13-00002, a request to vacate eighteen hundred square feet of air rights above the George Street public right of way as well as below grade right of way subject to staff approval of the design of the skywalk. Thomas seconded. Freerks said this seems like a necessary way to allow the residents of Oaknoll to access both Oaknoll structures, and it meets the requirements for vacation. A vote was taken and the motion carried 6-0. Planning and Zoning Commission March 7, 2013 - Formal Page 16 of 18 Code Amendment Items Discussion of an amendment to Title 14: Zoning Code to allow multi -family dwelling units to be located on or below the street level floor of a building by special exception in the CB-5 Zone for buildings designated as Iowa City Historic Landmarks. Miklo said staff is recommending approval. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to recommend approval of an amendment to Title 14: Zoning code to allow multi -family dwelling units to be located on or below the street level floor of a building by special exception in the CB-5 Zone for buildings designated as Iowa City Historic Landmarks. Weitzel seconded. Freerks said she thinks this is a good idea, and it worked well in the past for the Carnegie Library. She said if we can have adaptive re -use of structures that are important to the community she thinks we should do that. A vote was taken and the motion carried 6-0. Discussion of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Miklo said staff is recommending approval. Freerks opened public hearing. Freerks closed public hearing. Eastham recommended approval of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Weitzel seconded. Eastham said this is a really good example of staff responding to issues that come up and trying to administer the Code as it exists and making the necessary improvements and modifications to the Code to make it more flexible and more effective. Freerks added that she hoped there might be some requirements and incentives to keep large, beautiful specimens that otherwise might be overlooked or removed in place. A vote was taken and the motion carried 6-0. Planning and Zoning Commission March 7, 2013 - Formal Page 17 of 18 Consideration of Meeting Minutes: February 21, 2013 Eastham moved to adopt with changes requested by Thomas. Swygard seconded. A vote was taken and the motion carried 6-0. 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