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HomeMy WebLinkAbout04-01-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Monday, April 1, 2013 — 5:15 PM Informal Meeting Iowa City City Hall Helling Conference Room 410 E. Washington Street AGENDA: A. Call to Order Thursday, April 4, 2013 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street C. Public Discussion of Any Item Not on the Agenda D. Rezoning Item REZ13-00009: Discussion of an application submitted by Rockne Cole, Jon Fogarty and Mark McCallum for a rezoning from Public (P-1) zone to Central Business Support (CB-5) zone for approximately 0.38- acres of property located at the northeast corner of Gilbert and College Streets. (45 day limitation period: April 11, 2013) E. Comprehensive Plan Item Public hearing on an amendment to the Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030." F. Development Item SUB13-00007: Discussion of an application submitted by S&J Development for a preliminary plat of Country Club Estates 4-7 Additions, a 67-lot, 51,08 acre residential subdivision located west of Lake Shore Drive. (45 day limitation period: April 29, 2013) G. Consideration of Meeting Minutes: March 21, 2013 H. Other I. Adjournment Commission Formal I April 18 1 Mav 2 June 3 June 6 STAFF REPORT To: Planning and Zoning Commission Item: REZ13-00009 Gilbert St & College St GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: Prepared by: John Yapp Date: April 4, 2013 Rockne Cole 1607 E Court St Iowa City, IA 52245 319-621-6307 rocknecole@gmail.com Jon Fogarty Mark McCallum Rezoning from P, Public to Central Business Support, CB-5 To rezone City -owned property to CB-5, Central Business Support Zone. See applicant's statement, attached Northeast corner of College St / Gilbert St 16,548 sq. ft., or 0.38 acre P, Public Zone. The properties are owned by the City of Iowa City and are either vacant, or used for parking and storage. The old Wilson Building is leased to the Bike Library. North: Chauncey Swan Park; P, Public South: Recreation center; P, Public East: Public parking facility; P, Public West: Religious Institution; CB-10, Central Business District In the current Comprehensive Plan, the property is identified as a public property in the Downtown Planning District. In the 2013 proposed Comprehensive Plan, the property is identified as commercial. February 25, 2013 45 Day Limitation Period: April 11, 2013 BACKGROUND INFORMATION The property at the northeast corner of College St / Gilbert St is owned by the City, and is currently and appropriately zoned P, Public. The City has acquired the properties at this corner as they became available over time. Consistent with City -ownership, the properties are identified as public in the current Comprehensive Plan land use map. At one time it was the City's plan to acquire all properties between Burlington and Iowa Avenue and Gilbert Street and Van Buren Street for future use for municipal facilities. As a result of a space needs study recently completed in it was determined that his property was not necessary for future City needs. In August 2012, with no plans for development of a public facility on the property, the City issued a Request for Proposals (RFP) for private redevelopment of the property. The goal was to attract development proposals for a mixed -use development with the following characteristics, consistent with the City's Economic Development Policy and Downtown Strategic plan: • Increase the taxable value of property • Redevelopment of blighted property • Encouragement of projects such as downtown hotels, workforce housing, downtown grocery, arts and entertainment venues, and similar uses • Encouragement of projects which result in increasing downtown destination points to continue to draw people downtown • Provide a safe and inviting downtown Consistent with these objectives, the RFP stated that eventual zoning to CB-10 was anticipated, and would need to be approved through the legislative process. ANALYSIS: Current and proposed zoning The property is currently zoned P, Public, and is owned by the City. The CB-5 Zone requested by the applicant and CB-10 Zone are similar, in that both permit a variety of retail office, personal service and residential uses. The main distinction is the height limitation. Zone Maximum Height Maximum Floor -to -Area ratio CB-5 75 feet 3 (up to 5 with bonus provisions)' CB-10 None 10 (up to 15 with bonus provisions)" `Bonus provisions allow an increase in floor -to -area ratio for certain design standards and/or uses. The Floor -to -Area (FAR) ratio is a means of regulating the mass/scale of a building. For example, an FAR of 10 allows 10 square feet of building area for every 1 square feet of lot area. S:\J000G\College Gilbert RMProposed CB-5 Rezoning.doc Comprehensive Plan This property is part of the Downtown Planning District in the Comprehensive Plan. The Comprehensive Plan does not address this property specifically, but states: The logic of promoting higher density residential development in the Downtown Planning District rests in the concept that people who live in and near downtown will walk to work (or classes in the case of University of Iowa students), will patronize downtown businesses, will add to after-hours vitality, and create a sense of safety in the downtown_ Higher density development in the downtown also reduces pressure on the less dense older neighborhoods surrounding downtown. Encouraging higher -density development in the Downtown Planning District, along with historic preservation, conservation districts, and programs such as the UniverCity Neighborhood Partnership (a program which utilizes public funds to return rental homes back to owner - occupied homes) work together to help stabilize older neighborhoods close to downtown. The 2013 proposed Comprehensive Plan land use map identifies this property as general commercial, consistent with the City Council's desire to encourage redevelopment of the property and consistent with other parts of downtown. This Comprehensive Plan designation is consistent with either CB-5 or CB-10 zoning. In January 2013, the City adopted the Downtown and Riverfront Crossings Plan that provides policies for the development of the area directly to the west across Gilbert Street. The City owned properties were not covered in the planning effort due to fiscal and time constraints. The draft Comprehensive Plan acknowledges that given the proximity to the Downtown and the University Campus there are areas around the downtown that have the potential to redevelop at higher densities; the plan suggests a more detailed study be done on these areas. The Downtown and Riverfront Crossings Plan, while not including this property specifically, do contain policies that support CB-10 development for this property. The Plan states that corner lots should be reserved for taller buildings; that new development should be focused on lots that do not contain historic buildings; and that part of the strategy of preserving historic downtown buildings is to identify infill redevelopment sites that do not contain historic buildings. Surrounding properties The properties immediately surrounding the property at the northeast corner of College St / Gilbert St are either public uses, or Central Business District (CB-10) uses on the west side of Gilbert St. The property is adjacent to the CB-10 Zone which extends to the center of Gilbert St. This property is within one block of the Pedestrian Plaza, and other downtown destinations such as the Robert A Lee Recreation Center, Public Library, City Hall and several other commercial and institutional uses. This property is distinct in that it is surrounded on three sides by public uses, and is adjacent to existing CB-10 Zoning to the west. It is one of the only potential development parcels in the three square block area on the east side of Gilbert St, between Burlington St and Iowa Ave, due to the majority of this area being occupied by public uses (Recreation Center, City Hall, Swan Parking Facility, Police Station and Fire Station #1) Promoting higher -density development and downtown destinations in close proximity to the downtown core (Pedestrian Plaza) and other civic and commercial uses is consistent with Iowa City's goal to promote a pedestrian -oriented downtown. It is also consistent with the goals for efficient development patterns in the urban core which reduce development pressure in SAJCCOG\College Gilbert RFP\Proposed CB-5 Rezoning.doc surrounding neighborhoods, and brings destinations and residences within walking distance of each other. The application notes the desire for a transition between the downtown and the neighborhood to the east. To the east, this property is bordered by the Chauncey Swan Parking Facility, an existing 24-hour 475-space ramp. The adjacency of the parking ramp is another characteristic which makes this property appropriate for downtown development. To the east of the parking ramp, CB-2 and CB-5 zoning extends to the east side of Van Buren St providing a transition between this property and the neighborhood to the east. Shadow Effect The application refers to the desire to allow future generations of children to enjoy the bright sunlight at Chauncey Swan Park. As part of the RFP process, the City required finalist developers to prepare shadow studies for the proposed structures. The shadow studies show that during the summer months when the sun is higher in the sky, there is a limited shadow impact of a CB-10 building on the adjacent park — the southern 1/2 to 1/3`d of the park would be in shadow from approximately 11 AM to 1 PM. During the winter months, when the sun is lower in the sky (and the park is used less) a building on this property would shade the park from approximately 10 AM to 2 PM. After approximately 3 PM, the park is shaded by existing buildings on the west side of Gilbert St. Characteristics of the property The property is well -situated for downtown zoning, and has many characteristics appropriate for CB-5 or CB-10 zoning. These include: • Adjacency to Gilbert St, a four -lane arterial street, one block from Burlington St / HWY 1, a five -lane arterial street and state highway • On existing bus route • Close proximity (easy walking distance) to the Pedestrian Plaza and downtown commercial district ® Adjacency to the Robert A Lee Recreation Center, a multi -purpose facility containing offices, classrooms, indoor pool, gymnasium, social hall, locker rooms and other uses Staff believes that CB-10 zoning is more appropriate, however, given the following additional characteristics: • Adjacency to the existing downtown CB-10 Zone (west side of Gilbert St) • A corner lot, which is adjacent to a 24-hour, 475-space parking facility Promoting higher -density commercial and residential development in the Downtown Planning District helps promote a pedestrian -oriented downtown, is consistent with Iowa City's goal of adding to the mix of destinations and residences downtown, and is consistent with the goal of reducing development pressure on surrounding near -downtown neighborhoods. S JCCOG\College Gilbert RFP\Proposed CB-5 Rezoning.doo Summary The property has many characteristics that make it appropriate for CB-5 or CB-10 Zoning. In staff's judgment, CB-10 Zoning is more appropriate for this property given the characteristics and factors as outlined in this report., STAFF RECOMMENDATION: Staff recommends denial of REZ13-00009, a request to rezone 0.38 acres of property at the northeast corner of College St / Gilbert St from Public, P to Central Business Support Zone, CB-5. Staff intends to file a request for CB-10 Zoning on the property due to the characteristics of the property and how it is situated adjacent to existing CB-10 Zoning and surrounding uses and facilities. Staff is in the process of negotiating a development agreement with the developer selected by the City Council to redevelop the property, and when private ownership of the property is imminent, it would be appropriate to apply for a rezoning from the P, Public Zone to CB-10. ATTACHMENTS 1. Location Map 2. Aerial Photograph 3. Public input letter ry Approved by: — Jeff Davidson, Director Department of Planning and Community Development S:IJ000GICollege Gilbert RFP\Proposed CB-5 Rezoning.doc lz � ) L iS NOSNHOr i z I� z NlNnO NVA, I iQ)LO O W z w I 1S Nin V) 0 O I O U V) Q) N O L U 06 E a) - � T o t L Ln L Q Uu �L Z 0 1.4 U O w 9 Mary Oquendo 2824 Eastwood Drive Iowa City, IA 52245 2/28/2013 City of Iowa City Attn: Senior Planner 410 E. Washington Street Iowa City, IA 52240 Dear Commissioners: Please do not approve a zoning change to CB-10 for the Gilbert/College street lot. As a longtime Iowa City resident, I oppose the Chauncey development for several reasons; but in this letter, I will explain the two that I feel are most important: 1. Sustainability. We are at an environmental crossroads and cannot continue to build in an unsustainable manner. Now, and years from now, a green, environmentally friendly building will be far more impressive than a glass building, no matter how striking. This is a perfect opportunity for Iowa City to demonstrate its commitment to a sustainable future. I strongly feel that the city should require all new buildings to achieve at least LEED Gold certification and/or use 60% less energy than currently required by code. 2. Size and scale. A twenty -story building would be far too tall for this area: not only would it shadow important community spaces and look out of place amongst the smaller surrounding buildings, but it would violate the Iowa City Comprehensive Plan, which has, for good reason, designated this area as a buffer between downtown and the residential historic area. While towering glass buildings look impressive and modern in the right locations, a more human -scale, green building would be far more inspiring and attractive in the Gilbert/College St. location, for current as well as prospective Iowa City residents. Although the builder and designer have already been selected, the city can still negotiate a building that is a better fit for this area and city. Please deny the request to change the zoning to CB-10. This would be an important first step to encourage negotiations to turn this plan into something truly remarkable. I would be happy to discuss my other concerns if you wish to contact me. Thank you for your consideration, f Mary Oq4 en�Yo'� Location: College/Gilbert Development Site I. Applicants for Rezoning: 1. Rocicne Cole 1607 East Court Street Iowa City, IA 52245 (319)621-6307 rocknecole a gmail.com 2. Jon Fogarty Jon@ionfogaity.com 319-400-4911 3. Mark McCallum mccallum markghotmail.com 319-430-1461 II. Legal Description: Applicants seek to rezone three parcels: (1) the former bus depot conger lot; (2) the adjacent parking lot situated to the North; and (3) the Bike Library building. A. Bus Depot — Lot 1010453002 - S 70' LOT 5 & COM SW Bus Depot COR LOT 6 BLK 43; E 8 1/2; N 70; W 9.39'; S 70' TO BEG B. Parking Lot - 1010453001 - BLK 43 EXC E 70' LOT 6 & EXC S 70' LOT 5 & EXC S 70'OF W 10' C. Bike Library - 1010453003 E 20' OF W 30' LOT 6 BLIP 43 III. Proposed Zoning Change: The above mentioned lots are currently zoned public (P-1). Applicants seek a zoning change from P-1 to a Commercial Zone — CB-5 allowing for the development of a 75 foot high building. IV. Reasons for Proposed Zoning Change: A. Overview We support a CB-5 zoning designation, which will allow for a building of up to 75 feet. This designation will permit robust commercial activity, and the orderly expansion from the Central Business District. Most importantly, it will protect the needs of the current generation without compromising the ability of future generations to meet their needs. B. Current site The College and Gilbert Street site lies on the eastern edge of our Downtown Planning District, which is directly adjacent to our Central Planning District of our Comprehensive Plan .... which states: "Where existing zoning allows redevelopment at a higher density, the City Council has indicted that measures should be taken to assure that new structure are designed to be compatible with the adjacent neighborhood." Gilbert Street, a key arterial street, forms a key boundary between the Central Business District, and less commercially intensive areas to the East. It is located next to the Trinity Episcopal Church, Chauncey Swan Park, and the Robert A Lee Recreation Center. The Bike Library, a unique and innovative downtown non-profit entity, occupies one of the current parcels. From late May through October, these parcels are also near to the popular Iowa City Farmer's Market. ; C. Past planning and zoning practices Prior to the City's ownership of these parcels and the zoning code rewrite that was done in 2005, all privately owned commercial property on the east side of Gilbert Street(and south of Jefferson Street ) was zoned CB- 2. After the zoning code rewrite in 2005 all privately held commercial properties in this area were rezoned to either CB-2 or CB-5. Historically, CB-2 or CB-5 zones are less intensive commercial zones intended to be a buffer or transition zone from Downtown (CB-10) and the College Green Historic District which is to the east of this site. Past use has been consistent with a CB5 designation that we currently seek: the Greyhound bus depot, and John Wilson's Sporting Goods. Past planning and zoning actions have trended towards downzoning of this area. Prior- to the 2005 zoning code rewrite, both CB-2 and CB-5 zones allowed building heights of over 100 feet. After much public discussion and input, the Planning and Zoning Commission choose to reduce building heights in the CB-2 and CB-5 zones to 45feet and 55 feet respectively. From a building height stand point, this action talcen by the Planning and Zoning Commission was effectively a "downzoning" of the area. D. Comprehensive Plan In one of its opening pages, the Iowa City Comprehensive Plan asks, "Why have a comprehensive plan?" It then answers: "The comprehensive plan provides a guide for decision -making so that the decisions we make today do not jeopardize our vision for the future. This enables us to address the needs of the present without compromising the ability of future generations to meet their needs." Comprehensive Plan at p. 3 Our proposed zoning change will allow for commercial activity that is consistent with the nature of that neighborhood without compromising the character and nature of that area of Iowa City. The Comprehensive Plan provides clear guidance as to how'the City should develop transitional areas: As the community grows and the downtown prospers, care should be taken in providing proper transitions between the intensity of downtown development and surrounding residential neighborhoods Comprehensive Plan at p. 72. While technically this area is located in the Downtown Planning District, it is located near a transitional zone, and does not match the "intensity of downtown development." It currently is surrounded by a 4 story apartment building, a church, City Hall, Chauncey Swan Park, a parking ramp, and the Robert A Lee Recreational Center. It currently has parcel that is zoned CB-5, the Mid -American electrical substation. As the Comprehensive Plan directs, a CB-5 designation, a "commercial business support zone", provides a "proper transition between the intensity of downtown development and surrounding residential neighborhoods." A CB-5 designation will fulfill that aspect of the Comprehensive Plan. E. Compliance with Urban Renewal Plan of 2001 Our Urban Renewal Plan classifies two commercial areas relevant for this Application: (1) the Central Business District and (2) the Central Business Support Area. All parcels in this Application are outside of the Central Business District, and historically were designated as CB-5, or Urban Renewal Plan of 2001. Central Business Support Area. The Iowa City Urban Renewal Plan states: The Central Business Support Zone is intended to allow for the orderly expansion of the Central Business District of Iowa City, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas and to enhance the pedestrian orientation of the central area of the City. This Zone is intended to accommodate mixed land uses and requires a lesser intensity of use than that permitted in the CB-10 Zone. Urban Renewal Plan at p. 7 (our emphasis). Our Zoning Code also provides concrete guidance as to what type of development should occur in a Central. -- Business Support Zone: "This zone is intended to acconunodate mixed land. uses, but at a lower intensity than permitted in the CB-10 district:" Iowa Zoning Ordinance 14-2C-1 (H). 4 We believe this area "requires a lesser intensity of use than that permitted in a CB-10 zone." The proposed Chauncey Tower would be the highest building in the 180 year history of Iowa City, and it is not even located the Central Business District. In contrast, a CB-5 designation will allow for an "orderly expansion of the Central Business District" and robust commercial activity but at a "lower intensity than permitted in the CB-10 district." This rezoning complies with the Urban Renewal Plan in all respects. P. Riverfrout Crossings Plan Our request is also consistent with the proposed 2030 Downtown and Riverfront Crossing Plan that the Council recently approved. That Plan directs expansion of the Central Business District to the south of Burlington Street. That Plan follows a well -developed and long standing policy of expanding the Central Business District to the south of Burlington Street. This particular corner should remain as a Commercial Business Support Zone. Any extension of the Central Business District should extend south of Burlington as proposed by Iowa City 2030 Comprehensive Plan, and not to the east of Gilbert Street. V. Conclusion As our Comprehensive Plan states so eloquently, we seek "to address the needs of the present without compromising the ability of future generations to meet their needs." We urge you to protect our cherished commons, and allow future generations of children to enjoy the bright sunlight at Chauncey Swan Park without a 20 story tower looming over them. A C135 designation will allow our community to grow and prosper without compromising the needs of future generations. Rock -tie Cole and Mark McCallum To: Planning and Zoning Commission Item: SUB13-00007 Country Club Estates 4-7 Additions GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: April 4, 2013 Mike Speer S & J Development, LLP 1157 Flagstaff Street Iowa City, IA 52240 358-8730 Preliminary plat approval Approval of Country Club Estates 4-7 Additions, a 67-lot residential subdivision with 5 outlots West of Lake Shore Drive 51.1 acres Undeveloped; OPD-5, RR-1, ID-RS North: undeveloped, P1 South: residential; County-R, County -AR East: residential; RS-5, RR-1, OPD-5 West: agricultural, County -A Hunter's Run (SW5) March 14, 2013 April 29, 2013 The applicant, S & J Development, has requested preliminary plat approval of Country Club Estates 4-7 Additions, a 67-lot, 51.1-acre residential subdivision with 5 outlots located west of Lake Shore Drive. The preliminary plat approval of Country Club Estates 3-7 Additions was approved in 2009. The OPD plan that accompanied the 2009 rezoning addressed protection for sensitive features on the site, including a blue line stream and wetland areas. A Conditional Zoning Agreement accompanied approval of the OPD and preliminary plat. The CZA addresses improvements to Rohret Road and Slothower, approval of a wetland mitigation plan, and a plan for long-term maintenance of the wetlands by a homeowners association. The CZA specified that the applicant would improve Rohret Road to City standards adjacent to Lots 1-38, located in the 3`d Addition, and connect Lake Shore Drive to Rohret Road. The final plat County Club Estates the 3rd Addition was approved in October 2009. The wetland mitigation plan and plan for long-term maintenance were also submitted and accepted when the 31d Addition final plat was approved. The preliminary plat for County Club Estates 4-7 Additions expired in 2011. Preliminary plats expire after 24 months unless the applicant seeks an extension from the City Council. The expiration provision is in the subdivision regulations to help assure that subdivisions comply with any significant changes to City policies or regulations. There have been no significant changes to the Comprehensive Plan or regulations that apply to this area of the City since the expired preliminary plat was approved. The current proposal for County Club Estates 4-7 Additions does not differ significantly from what was approved in 2009. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a neighborhood meeting. ANALYSIS: Comprehensive Plan and Zoning: The subject area is located within the Weber Subarea of the Southwest District Plan. The Southwest District Plan future land -use map depicts the subject area as appropriate for single-family or duplex residential development at a density from 2 to 12 units per acre. The Plan states that the lower densities of the specified range would be more suitable to areas with sensitive environmental features, topographical constraints, and limited street access whereas the higher densities should apply to areas with good access to City services and facilities. The subdivision design and OPD plan that were approved in 2009 were found to be in conformance with the Comprehensive Plan. There have been no changes to the Comprehensive Plan for this area since 2009. Since the current proposal is essentially the same plan as approved in 2009 staff finds that it conforms to the Comprehensive Plan and the RS-5 zoning requirements. Subdivision design: As noted the design of the plat is generally the same as the plat approved in 2009. One lot was eliminated between lots 67 — 76 and as a result each of those lots is slightly larger. Staff recommends approval of this change. The subdivision regulations note that double and triple -frontage lots should be avoided. The area that contains lots 66 and 87 was previously platted as one lot in order to minimize the number of double frontage lots along Slothower Road and Dunley Court. Because of the triple fronting situation staff would recommend that this area be platted as one large lot, as approved in the previous plat. Wildcat Lane ends at the north border of the proposed subdivision and connects to Slothower Road to the west. Slothower Road is currently a chip -seal surface and requires substantial improvements to meet City Standards, including right-of-way acquisition. Because this is a major development, with a significant number of new residential lots, vehicular traffic, as well as pedestrian and bicycle traffic on Slothower Road will increase. Improvements to Slothower Road are not yet included in the Capital Improvements Program (CIP). The applicant is required to share the cost of improving Slothower Road to Wildcat Lane at the time of the 5`" Addition final plat approval. As a condition of approval of the previous plat, it was agreed that that Wildcat Lane will be barricaded at Slothower Road until Slothower Road is reconstructed either to City standards, or at a minimum widened to a 22-feet wide chip seal road (rural residential standards). A sign at the barricade indicating that the dead-end will eventually be opened to Slothower Road is shown on the plat. PDDIStaff Repsrts�sub13-00001 country club estates 4-7 revised staff ieptart duG 3 As a requirement of the Subdivision Code, the applicant/owner is required to dedicate land to the City as public right-of-way for both Rohret Road and Slothower Road, and provide necessary utility and construction easements. The applicant will be required to share the proportional cost of improvements of the portions of these roads that are adjacent to the subdivision. Because the subdivision is located on only one side of each street, this amount is equal to 12.5% of the total cost of improvements to the portion of Rohret Road (an arterial street) that abuts the property and 25% of the total cost of improvements to the portion of Slothower Road (a collector street) that abuts the property. Neighborhood parkland: The open space requirement for all phase of Country Club Estates will be fulfilled with the dedication of Outlot B. Storm water management: Issues with stormwater management were addressed at the time of the 2009 preliminary plat application. Stormwater detention facilities have been constructed in Outlot D of Country Club Estates Part 3. Infrastructure fees: As note above fees for the improvement of if Slothower Road and Rohret Road will be required at the time of final plat approval for Part 5 and Outlot G. A water main extension fee of $395 per acre is required. ►�rG1�y7x • u u ► M Staff recommends approval of SUB13-00007 the preliminary plat of Country Club Estates 4-7 Additions, a 67-lot, 51.08 acre residential subdivision located north or Rohret Road, east of Slothower Road and west of Lake Shore Drive, be approved subject to correction of technical deficiencies identified by the City Engineer and the platting of lots 66 and 87 as on lot to minimize the number of lots with multiple frontages. ATTACHMENTS: 1. Location Map 2. Preliminary plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PC MStaff Reportslsub13-00001 country club estates 4-7 revised staff report. doc �ndsrav as a6aA3B5b3'-�` .9 n d as 31tlIV8d aIIM ___ i i. aF o y ryg 2 A $ AO Jry d _yy.• �� yb 99 p4 dO / c d�0 cc / / cc r+ 6 r cc yr6" Z y LO d � v \ a M, a .� C U z 0 V O w F ►y i e'or i PRELIMINARY PLh. .ND SENSITIVE AREAS DEVELOPMENT PLAN COUNTRY CLUB ESTATES FOURTH, FIFTH f SIXTH & SEVENTH ADDITIONS IOWA CITY IOWA MWT �v`��- �,�I TI 1L 1N ?L c �l e_{�i{�k �4 iII c 1 yA � g,on rg I k s p� &i4 ,E PLANNING AND ZONING COMMISSION PRELIMINARY MARCH 21 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, John Thomas, Tim Weitzel MEMBERS ABSENT: None. STAFF PRESENT: Bob Miklo, Sarah Walz, Sarah Greenwood Hektoen OTHERS PRESENT: Mary Gravitt, Dianne Dillon Ridgley, Martha Norbeck, Ginalie Swain, Becky Soglin, Mark Neucollins, John Rummelhart, Wally Pelds, Duane Musser, Janel Jung, David Kieft, Justin Mulford, Martha Wichert, Dan Rothje, Mike Wright N x0101 kri hri I =I 241 H_r 1 [Q 24 6i toxd 111 0901811124 [d I The Commission voted 7-0 to recommend approval of an amendment to 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. The Commission voted 7-0 to recommend approval of REZ13-00005: 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 with the recommended conditions necessary to assure compatibility with adjacent residential development. The Commission voted 7-0 to recommend approval of REZ12-00032 for 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 Boulevard with the condition that the lighting comply with the 25-foot height limit for properties within three - hundred foot of a residential zone. The Commission voted 7-0 to recommend approval of amendment 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. Planning and Zoning Commission March 21, 2013 - Formal Page 2 of 17 The Commission voted 7-0 to recommend approval of amendment to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. CALL TO ORDER: The meeting was called to order at 7:00 PM. 01-14[9916-fO1111;'1[e1L,[e1ye1L,Nk0:4ir,L`[09101L,a0:1=VACIAL,ULF Mary Gravitt of 2714 Wayne Street said according to the City Code the development of Gilbert Street and College Street will certainly meet the criteria of general prosperity of the city but for the welfare of the citizens it doesn't work. She said once that building goes up with twenty stories it will ghettoize that protected neighborhood. She asked the Commission to take into consideration that that is a neighborhood only approaching the downtown, and there is no reason for that building to be there. She said in the presentation at the last meeting, the community desired businesses to come to Iowa City that would pay a living wage. Gravitt said one such business already exists in the floodplain — New Pioneer Coop. She said she takes exception to the phrase workforce housing, says it has bad connotations, and would prefer the term affordable housing to be used. Dianne Dillon Ridgley 2204 McBride Drive said she appreciated Gravitt's comments on the Gilbert/College Street development. She is a member of Trinity Episcopal Church and is concerned that the proposed building will impact the visual and sight lines. Ridgley said in the mid-1990s she presented the Iowa City Comprehensive Plan to a gathering on sustainable development and was proud that Iowa City's Plan talked about green space in ratio to developed space and was one of the few cities that seemed to be embracing and understanding what it would take to have viable, sustainable, livable, vibrant communities. She said she also took exception to the term workforce housing. She said there are many people who may never come to one of these meetings or write anything but who are frustrated. She said it's not about not being progressive, but doing development in a way that is consistent with the history of Iowa City and doesn't abruptly change the character of the city. She said there's a way to embrace and engage both the historic parts of the community along with the progressive parts and to do it in a way that underscores and becomes an example for greening our entire communities and economic structure. She said she hoped the Commission would take that seriously and not do something that would in the end do something that would drastically and negatively change the character of Iowa City. 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 Comprehensive Plan is supposed to express the community's shared values and aspirations and be a broad set of goals that form the foundation for the City's policies and the way that it does business and the way people view private investment. She said the Plan is to guide the decisions of all the City's boards and commissions, City Council and staff. She said it guides public investment and private development. She said the Plan also defines the character of Iowa City and defines what is important for the city. She said this Comprehensive Plan reflects on the discussions staff had within the district planning meetings. Planning and Zoning Commission March 21, 2013 - Formal Page 3 of 17 She pointed out two areas on the map which weren't covered in the Downtown Master Plan or the Central District Plan. Miklo explained that the two areas are on the edge of downtown on the north and east. Eastham asked if the Commission were to adopt the 2030 document, are they incorporating City Steps into the Comprehensive Plan. Miklo explained that the plans that staff, City Commissions and Council use aren't limited to one document. He said there are multiple documents that make up the Comprehensive Plan. Walz said after reading the emails staff received, she wants to clarify one aspect of the plan that might have confused people — The Growth Policy. She said they use the word urban to describe the kinds of residential neighborhoods within the city, and not necessarily the downtown area, which are different from rural neighborhoods. She described the meaning of compact lots, which is not a requirement that means every lot has to be small. She said City's policy it to remove the impediments to compact development. She also explained that interconnected streets are a more efficient way for the city to provide services in the long-term. Walz explained a list of three changes staff suggested regarding TIF's, the provision of private utilities, and working toward universal access to broadband services. Eastham referred to the comments made earlier in the meeting about the use of the term workforce and asked how many times it is used in this plan. He asked that in view of the comments that were made, he is requesting staff to do a word search and see how often that word is used in this draft. Freerks opened public hearing Mary Gravitt said they haven't mentioned flood control in the plan. Walz said the Code limits new development in the flood plain. Eastham said the City is now using a higher standard of elevation to regulate development within flooded areas than they were earlier. Walz explained that the structure needs to be elevated or built to withstand the flood or else it can't be constructed. Martha Norbeck of 906 S. 7t" Avenue asked how the spots that weren't picked up in either Plan are going to be addressed. Walz read from a portion of the Plan that indicates these areas may develop at a higher density due to their proximity to downtown and the university, and both should comply with policies and goals of the Central District Plan in order to provide quality design and appropriate transitions to the lower density residential neighborhoods that border them. She said it's recommended that staff initiates a process to guide how these areas are redeveloped over time, and once both areas are completed, they should be added to the Central District Plan map. Norbeck said with City Council's decision about the building on Gilbert and College, she's afraid there will be a cascade effect onto Van Buren Street, so she is concerned about the conversation about a plan for these areas continuing. She said her biggest concern, though, is under the Environment and Energy section of the Plan where there is a missing opportunity, which is to leverage the City's role in terms of setting building codes and their role as a financier of certain projects so they can incentivize more assertive sustainability goals in terms of energy efficiency. She sees this as a large gap in the section of the Plan titled Track, Measure and Reduce Energy Consumption." Planning and Zoning Commission March 21, 2013 - Formal Page 4 of 17 Walz said there is a plan called Sustainability Assessment that Brenda Nations, the Environmental Coordinator for the City, is putting together right now, which would not preclude Norbeck's idea, that measures water and energy consumption, walkability, access to healthy food and a whole range of other things. She said that will offer baseline measures and set some goals on how to improve in those areas. Eastham asked if the Sustainability Assessment will eventually come before this Commission for inclusion in the Comprehensive Plan menu of documents. Miklo said that hasn't been decided, that it may go directly to Council. He said they can request that it come to the Commission. Eastham said he would like it directed to the Commission for at least comment, even if there isn't a statutory ability that lets them make a recommendation. Thomas asked if there is a schedule for the redevelopment plan on those two areas that weren't covered in any Plan. Miklo said there was not. He said the Commission yearly sets priorities, and that will probably occur within the next month or so. Ginalie Swaim of 1024 Woodlawn Ave. said she wanted to applaud the Comprehensive Plan for protecting historic preservation goals in the long-range Plan, and said that they are hearing more and more that's what the citizenry wants. She said her main comment tonight is about the component in the Plan regarding protecting and enhancing the entrance ways into the city. She pointed out that the Dubuque Street off ramp from the interstate is remarkable, with no commercial or urban sprawl, unlike almost any other entry into any other town. She says that it can be seen as a green asset, particularly because of all the work Project Green has put into it. She said aesthetics are assets, and she believes Dubuque Street is a great asset for the town. Becky Soglin of 65 Rita Lyn Court asked if there was content about hazard planning in the Plan. Miklo said there is a separate Disaster Mitigation Plan. Soglin said she felt a direct reference to it would be necessary. Norbeck asked what the steps and the timeframe are for approving the Plan. Freerks said the Commission can vote on it tonight. Miklo said after this Commission makes a recommendation, it will go to Council and they will hold a public hearing and may make any amendments beyond what the Commission wants to make. Freerks encouraged Norbeck to submit something in writing to the Council if there's something she wants to address. Norbeck said that LEED is a comprehensive approach to sustainability. She said that after working in this field for over fifteen years, she believes that reducing greenhouse gas emissions is the number one environmental priority because those are what's triggering problematic issues regarding water and species extinction. She said putting a strong statement in the Plan to tackle these emissions in every facet available to the city in the broad vision is very important because this is a great opportunity for the city to be a leader. She said tackling greenhouse gas emission is a huge opportunity and a way to drive change and innovation and more investment in the city. She said if the city has signature buildings that are net zero, Iowa City will be viewed as leading the pack and can create change locally. She strongly urged the Commission to add that extra component to leverage the City's role as the arbiter of building codes and the opportunities when it provides financing to promote projects through TIFs or other funding. Ridgley said that Iowa City consistently comes out on top in indexes of the best places to live partly because of the appreciation for the historic, but also the opportunity to be a leader. She says she hopes that Iowa City will take advantage of incentives for meeting or exceeding standards. She totally agrees with what Norbeck said about climate change and said that if we Planning and Zoning Commission March 21, 2013 - Formal Page 5 of 17 put the right kinds of codes and incentives in place, we will mitigate against the effects of climate change and build in resiliency for the community. Mark Neucollins of 2769 Anchorage Rd NE Solon read from an email he had sent the Commission. He said he is very concerned about energy efficiency and sustainable building design. He said to avoid the worst effect of climate change we need to quickly build an economy based on renewable sources. He said our buildings are the single largest contributor to global warming. He said we obviously need to rethink our buildings. He said he finds it difficult to understand why the Iowa City 2030 Plan pays so little attention to energy efficiency and sustainable design. He suggested a way to promote these goals is to codify in the Plan that building projects seeking more than $250,000 in City funds must exceed the State Energy Code by sixty percent or more. He said in 2007 the City signed the U.S. Mayors' Climate Protection Agreement and in 2008 became a member of the International Council for Local Environmental Initiatives, which really means nothing unless specific goals and legislative mechanisms to achieving these goals must be identified. Walz said all the public input regarding the Plan has been forwarded to Brenda Nations and should be read by Council. John Rummelhart of 1112 E. Court St. said there is energy to be captured from burning off the methane at the City Landfill. Greenwood Hektoen said the City is working with a consultant to draft a Request For Proposal (RFP) to put out nationwide to recycle or reuse the waste at the landfill. Freerks closed public hearing. Eastham moved to defer this item to the Planning and Zoning Commission meeting of April 4. Swygard seconded. Eastham said he wants to explore the use of the term "workforce housing", as was not aware before tonight of its pejorative connotation. He said he wants to give more consideration to the energy issues that have been brought up tonight and try to include them more specifically within the body of the Plan. He thinks a couple things might be added to the bulleted list in the environmental section. Martin wanted to know if the Commission would see an update before the next meeting. Miklo said the Commission will need to give staff some direction on what changes they would like. Eastham said that staff has heard the same comments as the Commission has and it seems that staff might have some ideas about things they would like to see changed. Freerks asked if there was a consensus among the Commission who would like to see more goal oriented information in the Plan. There was a consensus. Eastham had some issues with the word "lure' being overused. Freerks asked staff to put something about a hazard plan into the list. A vote was taken and the motion carried 7-0. Planning and Zoning Commission March 21, 2013 - Formal Page 6 of 17 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. 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 staff has been working with the applicant on the screening for the property as well as with the Iowa City Police Community Service Officer to address concerns about visibility on the property. He said they have come to agreement on most issues. He described the changes in fencing plantings and a berm. He said with the revised plan staff feels that the landscaping requirements of the Code are being met while at the same time the concerns of the police about maintaining site visibility throughout the site are achieved. He said the applicant has agreed to limit the height of the canopy and to wrap the posts in masonry to match the building. He said staff and the applicant could not come to agreement on adding more windows to improve visibility and "eyes on the street." He said the applicant couldn't agree to do that because of the location of restrooms nor would they agree to staff's suggestion of enlarging the front windows. He showed examples of buildings that staff hoped the applicant would pick the best features from and use in their design. Miklo said staff is recommending approval of this application with these conditions a. The development of the property will substantially conform to the site plan. Any significant changes from this site plan will require approval of the Design Review Committee. b. The development of the buildings and structures including canopies will be of a quality design appropriate for property abutting a residential neighborhood. Buildings and structures will include features such as stone and/or masonry materials, and muted colors and will substantially conform to the building elevations and plans attached here to and by reference made part of this agreement. Any significant changes from these designs will require approval of the Design Review Committee. c. The measurement from grade to the bottom of the canopy shall not exceed 15 feet. The overall height of the canopy shall not exceed 187 except for approved signage. Under canopy lighting shall be flush mounted or recessed within the canopy so that the light source is not exposed. d. A substantial buffer area of no less than 35 feet in width will be established along the southern and eastern property lines. This buffer must be screened to the S2 standard and include a decorative masonry and metal fence a minimum five (5) feet in height and deciduous over story trees to the north of the fence. Tree species, such as locust and pin oak, that provide a screening effect but also allow for visibility will be used. The trees will be properly pruned to assure that the bulk of the crown is located six feet above ground to help assure visibility. The fence shall be in substantial compliance with concept plan submitted to the City. Planning and Zoning Commission March 21, 2013 - Formal Page 7 of 17 e. Berms with plantings to be maintained at a height of between than 2 feet and 2.5 feet above the berm will be installed to screen to headlights as shown on the attached site plan. f. A landscaped setback of no less than 20 feet will be provided and maintained along Broadway Street. g. There will be a limit of one (1) free-standing sign located in the northwest corner of the property. There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood Boulevard and the south east corner of the property. Lighting will be installed on the commercial side of the brick piers. i. Business hours will be limited to between 5:00 am and 11:00 pm. Eastham asked what windowing the staff preferred on the front of the building. Miklo said staff was suggesting that the applicant make them larger so the building has a more open appearance. He said staff was suggesting that more height be added to the windows and extended over to the edge of the entry. Freerks opened public hearing. Wally Pelds with Pelds Engineering Company representing Casey's General Stores summarized some of what they have changed in their plan: their parapet wall has been extended so you can't see the rooftop equipment; the building is encompassed completely with brick; they have added some columns to dress up the back of the building. He said the windows are already fairly large. He said part of the business model is that they use the same kinds of windows in all the stores and keep a stock on hand if hit by tornados. He said if they changed their windows they would also change their standardized energy envelope. He said they have a standardized layout of merchandise. He said they have really stepped up from what they have built in other locations. Freerks asked if they special order windows for buildings that have been adapted. Pelds responded that those stores are either torn down or remodeled to fit their standard template. Eastham asked if they agree to decrease the canopy height to fifteen feet above grade. Pelds said that is fine with them. John Rummelhart asked if that canopy and the site will accommodate large semis. Pelds responded that this store is not slated to have diesel fuel. He said they only really get a delivery truck and a tanker truck on site. He said the set up for the trucks is pretty standardized. Freerks closed public hearing. Weitzel moved to recommend approval of an amendment 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 and REZ13-00005: 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 Planning and Zoning Commission March 21, 2013 - Formal Page S of 17 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 with the recommended conditions. Eastham seconded. Swygard said she thinks the applicant has worked hard to make the store fit this site. She said she particularly likes how the fencing and the lighting have been thought out to minimize the impact on the neighbors. Eastham said he appreciates the staff and applicant working together to attain a reasonable building design on a major highway in the city and to give reasonable consideration to the impact of car lights on the adjoining residences. He said that he believes the project will enhance the entire nearby neighborhood. Thomas said he also appreciates the effort that has gone into this. He said he thinks berming is an excellent approach to take for screening because some trees and shrubs may not make it in the long run so using just the earth form will be more effective. He said the shapes of the day lily areas seem a bit ragged to him, and he hopes in the implementation they will be smoothed out. He said he personally is okay with the amount of glass in the front. Freerks said she is happy with the fence and the berm and thinks it goes in the right direction to utilize something like that which is low in cost but will be effective. She said she likes the landscaping. She stated that she's happy to see something developed on this corner, and she thinks it will be utilized and will be a good project. She said she is a bit disappointed in the building design and personally likes more windows for the employees to be able to see what's going on outside. She suggested that perhaps in their next design template for Casey's that they use more windows. A vote was taken and the motion carried 7-0. Rezonina 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 said the applicant had a good neighbor meeting, one person attended, and the applicant agreed to plant a row of evergreens on the vacant residential lot that they own in the county. He said there is a revised plan, which shows compliance with the twenty foot buffer that's required by the Conditional Zoning Agreement and includes additional landscaping to screen the car dealership from the residences on Dane Road. He said there's some question of whether or not the lighting is in compliance, and the City needs to determine if the three -hundred foot setback applies to a residential zone in the county. He said if it is determined that the setback applies, the lights would have to be lowered to meet that standard. He said staff is recommending approval of the revised plan with the condition is that the mitigation work to the wetlands be completed before the new paving is installed. Eastham said the current Code doesn't allow buffer reduction and buffer averaging on the same site. Miklo said at the time this plan was approved, an applicant could seek both buffer reduction Planning and Zoning Commission March 21, 2013 - Formal Page 9 of 17 and buffer averaging. He said when the Code was rewritten a few years ago, the ability to do both was removed. Freerks mentioned that there are four to seven lights within the 300 foot area where they are thirty-two feet high, and asked if in the plan that was approved were they to be twenty-five feet high. Miklo said he thinks it was an oversight in creating and reviewing the plan. Thomas asked if they were to be reduced in height would it only apply to a certain few. Miklo said it would be the ones within three -hundred feet and pointed out the locations on the plan. He said any new ones would have to be limited in height. Thomas asked if they were in compliance with regard to the other standards in terms of outside lighting, like shielding. Miklo replied that they are in compliance with the higher standard of lighting for display lots. Miklo said the older parts of the lot do comply with the lighting standards. Eastham asked if it is the staffs position that there's no long-term effect on the stability of the wetland by reducing the buffer amount between the edge of the developed area and the wetland as is being requested. Miklo said he thinks it was a minimal amount of buffer reduction in terms of the long term effect on the wetland Freerks opened public hearing. Duane Musser of MMS Consultants said they prepared the original plan for the subdivision and the plans for the dealership. He said there are contractors this spring hired to put the wetlands in per the Corps permit. He said they updated the mitigation plan with the Corps of Engineers and made some modifications to it based on the current conditions of the site. He said the detention basin drains about sixteen acres of this side of Iowa City and approximately fifty acres of that goes into the basin. He said they are meeting the City requirements for a commercial development not only in the storage volume but also in the release rate into that existing waterway. He said through the proposed buffer reduction, they would be adding an additional 11,000 square feet of pavement for the display area. He said of that sixty acres of that drainage way, this 11,000 square feet is approximately half or .005 percent. Musser explained that the storage lay -down on the empty residential lot in the county is temporary for the construction of the wetlands. He said when the project is built that area would be graded and seeded and planted with pine trees. Freerks asked if there was parking now on the wetlands like there was at the time of the last Commission meeting. Musser said the vehicles were moved the day after that meeting. He said they staked the corners of the proposed parking addition. He said he and his wetland expert on his staff don't see this small percentage of reduction of the buffer as having any impact on that waterway or the drainage. Eastham asked if Musser saw any impact on the wetland itself. Musser said he doesn't. He said they will remove eighteen inches of top soil to get rid of the invasive species, bring in clean top soil to plant the wetland plants and, as according to any Corps permit, they have to monitor and maintain that, and if they don't, the meter keeps ticking until the Corps is satisfied. He said this should ultimately be a better wetland for the area and for the environment, and he thinks this is a good thing for the watershed. Miklo said he saw this as an improvement for the watershed too. Swygard asked how many cars can be parked on the 11,000 square feet of additional pavement. Musser said it's for product display, so forty-two can be parked on it. Planning and Zoning Commission March 21, 2013 - Formal Page 10 of 17 Ridgley said there are permeable surfaces that are almost cost neutral that would actually assist in the wetland issues. She said for future considerations, there are other options that achieve a better outcome. She said to be mindful of planting a variety of pines because if they are all the same and something happens to one, all the others become vulnerable. Freerks said they had talked in the past about using other kinds of surfaces but the problem in Iowa seemed to be the freezing and the thawing that caused issue. Janel Jung of 4161 Dane Road said at least three of the residents on Dane Road did not receive notice of the good neighbor meeting that was held. She said she is concerned with how much more Billion Auto wants to grow and thinks they threaten locally owned car dealerships. She said right now the lighting from Billions prevents them from using their deck. She said she's concerned that the additional lighting will impact her residence even more. Greenwood Hektoen said that as a condition of this zoning the Commission could say that regardless of the retroactive applicability of the lighting standards to county property, with any new lighting that's put on this property it comply while the City continues to investigate whether it applies to any lights that have been installed. Jung said she thinks that the dealership knew from the beginning that they had to put in a wetland and a buffer. She said they were parking illegally on the residential area and along the street in the City. She said every time the County told them to move the cars, they would bring them back in a few days. She said with Billion's past history, she has no faith that they will abide and comply with the laws and the Code. She had questions about protesting a rezoning. Rummelhart said he's concerned with the flow of water and the calculations and wants them to be looked at by City staff. He had the good neighbor meeting was held at noon, when few people could attend. He had questions about buffers and wetlands which Miklo answered. He said there have already been considerable accommodations to Billion and the previous owner. He said he doesn't know why they need additional pavement. He said his biggest concern is the lighting. He said the elevation difference needs to be taken into consideration because the Billion property sits up so much higher than the residences on Dane Road. He said there should be some conditions on what the trees will be on the vacant residential lot. He said he thought they should plant some trees on the lot where they tore down the building. He said on the original plan more seeding was required than on the current plan, and he would like to see the Commission require that the original amount be used. Musser said he knows they have a plan approved by the Corps, and they have two different wetland mixes that are to be combined and seeded at eighteen pounds per acre. He said the contractor for the applicant and Housing and Inspection Services have already agreed that the one light pole that needs to be moved and the one new additional pole will meet whatever the requirements are based on the residential zoning. Freerks asked if Musser would want to have the poles that currently are within 300 feet of the County residential zone lowered. Musser said he can request that, but he can't authorize it. Freerks said that lighting is a big issue. She said people expect to have a certain amount of pleasure from their living space and that doesn't mean that they want other people's lights beaming down on them all day and all night. Miklo reminded the Commission that they can put conditions on the lighting. Musser said that the applicant was willing to lower all the poles within the 300 feet of the County residential zone and will make that a part of the project. He said he will confer with staff about the trees they are planting and the mix of varieties. Planning and Zoning Commission March 21, 2013 - Formal Page 11 of 17 Eastham asked Musser if he looked at whether the water run-off from the proposed additional pavement is within the design parameters of the existing storm water structures. Musser said it absolutely was. He said that 11,000 square feet is more than adequately covered with the original design basin that's built. Freerks closed public hearing. Thomas moved to recommend approval of REZ12-00032 for 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 Boulevard with the condition that the lighting comply with the three -hundred foot residential buffer requirement. Eastham seconded Eastham said he visited this site today and in terms of lighting, there's a huge elevation difference between parking lot for the dealership and some of the residences in the area, and he can understand the desirability of getting the light poles lower in height at least for the additional parking area and hopefully for the existing poles. He said the gist of this request is to reduce the required buffer area, and he's satisfied now after reading 2003 materials regarding wetland regulations and those of today that there's some sensibility in applying the 2003 regulations to this request. Eastham said in terms of the leeway he has to request or require some sort of trade off of benefits, he's usually happy to try to do that, but he's also aware that his first obligation is to try and conform to the Planning and Zoning Ordinance. He said in this situation the Ordinance gives the owner the right to obtain this buffer reduction because there's no indication that reducing the buffer will impact the existing or new wetland. He said the lighting requirement is one of the major things he's interested in. Freerks said for the future she would like to look into the areas around the edges of Iowa City and how it affects Johnson County. She said it's always good to look ahead and see how what they do now affects how it integrates into our community in the future. She said this application was a tough one because of the things that were supposed to happen that didn't and that can lead to sour feelings. She said it will be an improvement having the wetlands restored. She said she would hope that Billion will keep the empty lot as green space or as mitigation in the future. She said she will vote in favor of this project even though it is above the minimum, but just because there is a minimum that doesn't mean that it has to be the requirement to aim for. A vote was taken and the motion carried 7-0. Freerks asked for a three minute break, after which the meeting was called to order. 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. Miklo said that properties zoned as Public mean they are. owned by a government entity, and because it's Institutional Public it's exempt from most local zoning regulations. The proposal is to lease this property on a long-term basis to a private entity that would build multifamily housing on the property. He said staff feels this does meet the criteria for being zoned multifamily as it has good access to a major street and access to commercial goods and services in the area. Planning and Zoning Commission March 21, 2013 - Formal Page 12 of 17 He said it is also served by transit. He said it will continue to be surrounded by University -owned property and would not have an effect on an established residential neighborhood. Miklo said there are some environmentally sensitive issues with this property, as portions of it are in the floodplain. Miklo said staff recommends approval of this proposal. He showed the Commission photos of the area and said the existing buildings will be removed in two phases, and there will not be reconstruction in areas within the flood plain. Eastham asked if the City will receive property taxes from the buildings but not from the land. Miklo said that is the case. Eastham asked if the City will provide water, sewer, streets, public safety and bus service. Miklo responded that the University will still provide some of those services. Freerks opened public hearing David Kieft of the University said that the facilities will be operated with University water, and because of the Cleary Act, the University police will continue to patrol that neighborhood. Martin asked if CAMBUS will still operate there. Kieft said it would, and the same services that are there now will continue to operate. He said it will still be graduate and married student housing. He said they are entering into a fifty-one year ground lease with the developers. Easthams asked if the developer would be able to rent some of the units to non -students. Kieft said that if by certain dates, a certain occupancy has not been reached by University students, then it is available to other students in the area, like Kirkwood students. He said subsequently, if more than ten percent occupancy exists after a certain date, rental can be offered to the general public. Eastham asked if the University would provide law enforcement services to all renters. Kieft said it will include the entire area, because the Cleary Act is linked to the land, not to who lives on it. Thomas asked how many units there are now and how many are in the redevelopment. Kieft replied that there will be an overall reduction in the number of units. He said the plan is to eliminate the current section used for graduate housing. Eastham asked if during phased development some of the units won't be available for occupancy. Kieft said there will be a reduction in housing during that phasing. Ridgley said Kieft hadn't exactly answered Eastham's question. She asked him how many units are there now and how many units will there ultimately be, and what is the time line of the phasing. Greenwood Hektoen said that in the staff report it states that the complex currently contains fifteen two-story buildings, with 504 one and two -bedroom units, although some of them were damaged in the flood. Kieft said if both phases were done the complex would go from what 587 units to 540. He said that would include Hawkeye Court and Hawkeye Drive. Freerks asked what the time frame is. Kieft said demo will begin on the first half of Hawkeye Court this summer for occupancy the following August, and it would be two years from now that the second phase of construction will begin. Eastham asked if current residents will be displaced during construction. Kieft said students are being accommodated at other locations and everyone's lease ends in May. Freerks closed public hearing Planning and Zoning Commission March 21, 2013 - Formal Page 13 of 17 Eastham recommended approval of REZ13-00001 an application submitted by University of Iowa for a rezoning from Institutional Public (132) 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. Swygard seconded. Eastham said this is an interesting approach to providing student housing. He said he is satisfied that the City is not committing itself to providing infrastructure support that it's not getting property taxes to cover. Freerks said it seems an equal trade-off in terms of use. She said it's interesting that the City will be getting taxes on the buildings. Swygard said she thinks the area is overdue for redevelopment. She said she hopes that the costs can be contained somewhat so that students renting the new buildings are not hit with a large jump in cost. A vote was taken and the motion carried 7-0 Code Amendment Items Discussion of an amendment 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. Miklo said this came to the City's attention through a request by the River City Housing Cooperative. He said they have rooming houses in a Neighborhood Stabilization Medium Density (RNS-20) zone and would like to buy houses in the immediate area to expand their organization. He said the current zoning would not allow that because they are treated like rooming houses, which are not allowed in that zoning district, but fraternities and sororities are. He said after staff talked to the cooperative they believe that the applicants are much more like a fraternity or sorority than they are to rooming houses. He said staff feels that if they are going to expand this opportunity for group living, staff should look at the best way to accomplish that but still address the concerns about neighborhood stabilization. He said they thought the special exception process would be the best way to do that to allow review of these proposals. He said they are proposing amendments to bring these uses more in line in terms of density so that there are not incentives to establish these sorts of group homes over multifamily. He said staff is recommending Code amendments to treat cooperatives as group living in more of a fraternal format and require a special exception and a change in density from one unit per five -hundred square feet to one unit per nine -hundred square feet. Eastham asked what happens if these groups meet the requirement for a time but then cease to do so. Miklo said if they didn't meet the special exception, the building would have to revert to an allowed use in the zone Freerks opened public hearing. Planning and Zoning Commission March 21, 2013 - Formal Page 14 of 17 Justin Mulford of 2177 Dempster Drive, Coralville, said he is currently working on building a new fraternity building for Sigma Phi. He said the Code amendments to the density are going to take the fraternity from a possible twenty-one residents to thirteen and make every fraternity and sorority non -conforming. Freerks asked what the square footage of the lot is. Mulford said it's 12,000 square feet. Freerks said that most fraternities and sororities have much larger lot areas, which will change the density. Miklo said most of the Greek organizations are already nonconforming. Mulford said changing the density is not going to allow for any new fraternities or sororities to start up. Martha Wichert of East College Street said she lives in the neighborhood of the proposed fraternity. She asked if there are any rules about green space. Freerks said that comes up often, and that is a small part of the reason that some of these density changes came about in the first place. She said the City is looking for a way to have those areas closer in where there are older homes that were never intended to be redeveloped lot line to lot line. Freerks said there could be a fraternity at Mulford's site, but he would need a bigger lot to accommodate it. Dan Rothje of the River City Housing Collective said it's important in order to maintain a sense of community to have all their properties located in the same area. Mike Wright of 225 Lucas Street said this proposal would not only bring everything into line city- wide, but also reduce the possibility of something coming up in an RNS-20 that's incompatible to a lower density zone that is immediately adjacent to it. He said the Northside Neighborhood Association thinks this amendment is a good idea. Mulford had questions about density and size and open space. Miklo said in terms of open space there has been some dissatisfaction with the setback standards in these neighborhoods, and there isn't a minimum open space requirement, just requirements for front, back and side yard requirement. He said this is a big issue that is on the Commission's list of things to look into. Greenwood Hektoen said the density also affects the number of parking spaces you can have on the lot so if there's less density, there will be less parking, maybe providing the opportunity for more green space. Thomas said because it is group living with fewer occupants, perhaps that could lend itself to the development of outdoor, usable space. Freerks said to Mulford that perhaps this small lot isn't best served to have that type of occupancy. Freerks closed public hearing. Weitzel moved to recommend approval of amendment 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. Thomas seconded. Eastham asked Miklo to repeat the rationale for changing the density from 500 to 900 square feet in the RNS-20. Miklo said the City previously based density on the number of bedrooms Planning and Zoning Commission March 21, 2013 - Formal Page 15 of 17 and made adjustments in the Code to base it on bedrooms versus unit, and this would bring it in line with those formulas to make them the same. Freerks said it seems like a loophole that definitely needs taken care of. She said she hopes that the housing cooperative can continue to live within the neighborhood. She said she thinks their homes blend in well. A vote was taken and the motion carried 7-0. Discussion of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Miklo said as buildings become denser there is more demand for fitting parking on to sites, with the result of less green space, one of the neighborhoods concerns. He showed pictures of examples of what happens when you fill the first level of the building with parking and then elevate the residential. He said it removes the building from the street and makes it difficult to provide access for people with disabilities and results in changes in grade as you go up and down a street. He said the idea for this amendment would require that you have a lobby or entrance at grade to make it more accessible but also make it fit into the neighborhood and be more of a human scale. Thomas said he had concerns with the three foot in elevation from an accessible ramp standpoint. Miklo said that's a standard dimension that's used in form -based codes to elevate the first floor above the street to provide some privacy from the street, but the lobby entrance could still be at grade, but this would set a maximum standard. Freerks opened public hearing. Freerks closed public hearing. Weitzel moved to recommend approval of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Swygard seconded. Freerks said this is something that needs to be addressed. Dyer said in this building example that Miklo showed them, the elevation is determined because it's in the floodplain. Miklo responded that there were other ways to achieve it. Freerks said a new tendency is to berm up a building for parking. Miklo said as noted in the proposal there are exemptions for floodplains and sloping sites. A vote was taken and the motion carried 7-0. OTHER Planning and Zoning Commission March 21, 2013 - Formal Page 16 of 17 Consideration of Meeting Minutes: March 4 and March 7, 2013 Eastham moved to adopt the minutes of March 4 and March 7. Swygard seconded. A vote was taken and the motion carried 7-0. 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