HomeMy WebLinkAbout04-18-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Monday, April 15, 2013 — 5:15 PM
Informal Meeting
Iowa City City Hall
Helling Conference Room
410 E. Washington Street
Thursday, April 18, 2013 - 7:00 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
10-311111011MI
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 18, 2013)
E. Consideration of Meeting Minutes: April 1 and April 4, 2013
F. Election of Officers
G. Discussion of Work Program
H. Other
I. Adjournment
Upcoming Planning & Zoning Commission Meetings
Formal Meetings: May 2 / May 16 / June 61 June 20
Informal Meetings: Scheduled as needed.
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® CITY OF IO11 A CITY
Date: April 12, 2013
To: Planning and Zoning Commission
From: John Yapp, Department of Planning and Community Development
Re: REZ13-00009, Request for rezoning from P, Public to CB-5, Central Business Support
Zone, northeast corner of College Street and Gilbert Street
This memorandum is to address questions from the Planning and Zoning Commission at its
April 4, 2013 meeting.
How does the Comprehensive Plan address downtown historic buildings?
The current Comprehensive Plan refers to the Historic Preservation Plan. The #1 objective in
the Historic Preservation Plan for the Downtown District is to emphasize the improvement of key
historic buildings. The #2 objective is to encourage fagade improvements for intact, adjoining
buildings especially those along S Clinton St, S Dubuque St, and Washington St east of Clinton
St (the City recently implemented a grant program to help fund fagade and other building
improvements). Other goals include designating qualifying buildings as historic landmarks,
supporting a downtown manager and Self Supporting Municipal Improvement District
(implemented in 2012), encouraging building fagade renovation on Iowa Ave in front of the Old
Capitol, and preparing a separate historic preservation commercial plan. Downtown has several
designated historic landmark properties, but is neither a historic district nor a conservation
district. The emphasis has been on protecting and designating specific structures, while
allowing for infill redevelopment on non -historic properties. There are several examples of taller
buildings adjacent to designated historic structures, such as Ecumenical Towers adjacent to the
Old Post Office (currently the Senior Center), Plaza Towers near the old Carnegie Library and
the Sheraton Hotel next to the College Block Building at 125 E. College Street.
Similarly, the downtown plan section of the Riverfront Crossings Plan states:
• New development should be located on sites which do not contain historic buildings
• Corner locations should be reserved for taller buildings
There has been some discussion of the fact that the subject property at the northeast corner of
College Street & Gilbert Street was not included in the downtown plan section of the Riverfront
Crossings Plan, but is in the Downtown Planning District of the Comprehensive Plan. This was
due to time and resources constraints. The Riverfront Crossings Plan states that: The plan is
simply a vision, highlighting certain areas. The decision to redevelop is ultimately up to the
property owner. Likewise, any areas not shown as redeveloped could have ideas implemented.
April 12, 2013
Page 2
How does the Comprehensive Plan address transitional areas between downtown and
near -downtown areas?
The Comprehensive Plan states the City should preserve the integrity of existing neighborhoods
and the historic nature of older neighborhoods by supporting Historic Preservation goals.
Appropriately, the City has implemented numerous historic districts and conservation districts in
near -downtown neighborhoods, most recently the Jefferson Street Historic District. Much of the
east -side and north -side neighborhoods are designated as either a historic or conservation
district.
There is little mention in the Comprehensive Plan regarding prescribed methods for transition
areas between downtown and surrounding neighborhoods. The emphasis has been on historic
preservation and conservation districts for qualifying neighborhoods, which have been
implemented for many years. To the east of the subject property is additional publically zoned
property with a public parking facility, and CB-2 zoning which continues the transition to the east
near Johnson Street where there is RM-12 (Low Density Multi -Family) and RNS-20
(Neighborhood Stabilization Multi -Family) Zoning. The College Hill Historic and Conservation
Districts begin approximately 600 feet east of the subject property.
In the proposed Comprehensive Plan, two areas are noted in the text of introductory section -
one located to the east of Gilbert Street and north of Burlington Street; the other located north of
Iowa Avenue and west of Dubuque Street. The text states that while both areas have the
potential to redevelop at higher densities due to their proximity to the Downtown and University,
both should comply with policies and goals of the Central District Plan in order to ensure quality
design and appropriate transitions to the lower -density residential neighborhoods that border
them. It is recommended a process be initiated to address how these areas develop over time.
The reason for staffs suggesting that these areas be considered for inclusion in the Central
Planning District is that developments in the Downtown District are not automatically subject to
a design review process, whereas in the Central Planning District multi -family buildings are
subject to design review.
Which Comprehensive Plan should the Commission consider when reviewing zoning I
development proposals in this area?
The current Comprehensive Plan and the Downtown and Riverfront Crossings Plan are
adopted, and it is appropriate to utilize them when considering zoning and development
proposals. Neither of these documents address this property specifically (nor does the
Comprehensive Plan address many properties specifically — it is a broad plan), but do have
policy and narrative statements that would support downtown zoning on this property. Higher
density development is encouraged in the Downtown Planning District; taller buildings on corner
lots which are not occupied by historic structures are supported in the Riverfront Crossings
Downtown Plan; mixed -use development which adds to the mix of uses downtown is supported
in both documents. In staffs view, CB-10 zoning on the property at the northeast corner of
College St / Gilbert St is better able to deliver these goals.
The Commission should also certainly consider the proposed Comprehensive Plan update, but
keep in mind that it has not been adopted and has the potential to undergo revisions as it is
April 12, 2013
Page 3
considered by the City Council. As noted above there is a transition in place given the zoning
pattern of P zoning transitioning to CB-2 and then RM-12 zoning to the east.
Zoning History
Questions were asked about the zoning history of the subject property and about the drafting of
the CB-5 zoning district. Prior to 1983 the property was zone Commercial (C2). In 1983 the
City adopted a new zoning code with new zoning classifications, including the Public (P) zone
intended for properties owned by government entities. The property was zoned P at that time.
The zoning code was amended in 1992 to include the Central Business Support CB-5 zone.
CB-5 was drafted to encourage the implementation the Near Southside Redevelopment Plan.
The plan applied to the area south of Burlington Street, west of Gilbert Street, north of the Iowa
Interstate Railway tracks and east of the river (generally the northern portion of Riverfront
Crossings). When first adopted the CB-5 zone had a height limit of 65 feet. This height limit
was based on the height of the Capitol House Apartments, which at the time was the tallest
building in the area south of Burlington Street. In 1994 the height limit was increase to 75 feet to
allow taller floor to ceiling height necessary for commercial uses, which were encouraged by the
Near Southside Plan.
Building Height
At the April 4 Planning and Zoning Commission meeting, there was much discussion of a 20-
story building being proposed. Both 16-story and 20-story options were presented to the City
Council. The specific height of the building is and will be the subject of a development
agreement negotiation between the City and the selected developer. In these discussions, the
developer has agreed the building will not be a 20-story building. If the property is to be zoned
CB-10 in the future it may be subject to a Conditional Zoning Agreement that limits building
height. At this point, the question before the Commission is whether the property should
remain zoned P, Public or be rezoned to CB-5. Staff recommends the property remains zoned
P, Public until such time there is a development plan for the property, to be considered in
association with a CB-10 zoning application.
April 9, 2013
To: Members, Iowa City Planning and Zoning Commission
From: Joy Smith and David Rust
We write to add our voices to those urging you to support CB-5 zoning for the
public parcel at the northeast corner of College and Gilbert Street.
We take the redevelopment of downtown Iowa City very seriously. We have lived
in the Northside and Goosetown neighborhoods for the last twenty-eight years.
We own a commercial building in Northside Market Place. We dine, recreate,
and shop primarily in downtown Iowa City.
We participated in community discussions to develop the city's comprehensive
plan and the proposed amendments to the plan. We contributed to that effort with
the understanding that the document would guide city planners, boards,
commissions and councilors. At the P&Z meeting on April 4 many members of
the community clearly articulated why CB-5 zoning is most consistent with the
comprehensive plan and why zoning for an orderly transition between the
downtown district and the neighborhoods to the east and north is so important.
Others who spoke at the meeting implied that community members who oppose
CB-10 zoning on this parcel are a fringe minority of misguided individuals. We
disagree. In this debate, as in most community conflicts, it is those with the
greatest vested interest who are most likely to speak -out. Among community
members who are "silent," there are many who share concerns about the
proposed Chauncey Project. They depend on the zoning process to take the long
view, plan for orderly development, and protect the interests of citizens and
neighborhoods.
A vote for CB — 5 zoning will be consistent with the comprehensive plan, will
respect the interests of those whose property adjoins this parcel, and will return
this matter to the city council for additional consideration.
CITY OF 1 O WA CITY
MEMORANDUM
Date: April 12, 2013
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: Planning and Zoning Commission Work Program — Establish Priorities
We have completed several items on the Commission's work program as noted below. We would like to
discuss potential additions and establishing priorities for the remaining items on the list. If you there are
addition items that you would like to be considered, please be prepared to discuss them at the informal
meeting on April 15.
Planning and Zoning Commission Work Program
1. Comprehensive Plan Update (Completed)
2. Complete Riverfront Crossings Plan (Completed)
3. Review of CB-10 zone requirements including setbacks and height limits.
4. Draft Urban Mixed Use Zone for Riverfront Crossings, Towncrest and other areas.
5. Review RM-44 Zone (Complete) and neighborhood stabilization issues — includes review
of private dorms, open space, setbacks and backyard paving.
6. Revise nonconforming situations regulations to create a trigger point for bringing
properties into compliance with site development standards based on the value of the
improvements being made to the property (Completed)
7. Add bonus provisions for CB-10 Zone to allow FAR to exceed 10 (Completed)
8. Review woodland buffer requirements (Completed)
9. Review Comprehensive Plan land use map for properties on Governor Street north of
Happy Hollow Park (Completed)
10. Draft entryway overlay zone or standards for properties at the major entrances to the city
11. Research prohibiting or limiting residential development in the flood hazard area
12. Review Comprehensive Plan land use map for Roosevelt School.
13. Review 500 foot separation of bars in outlying areas. (added by City Council)
14. Amendments to CI-1 and CC-2 zones (added by staff)
Additional items for consideration:
Examine parking standards and policies in the Downtown and Riverfront Crossings (parking
impact fees, minimum parking requirements)
Clean-up the standards for the PRIM Zone that have become obsolete with the recent
amendments to the MF density standards.
Amend sign code to allow canopy roof signs in more locations and adjust standards for
projecting signs
Comprehensive Plan implementation
PLANNING AND ZONING COMMISSION
APRIL 1 — 5:15 PM — INFORMAL
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Phoebe Martin, Paula
Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: Anne Freerks
STAFF PRESENT: Bob Miklo, John Yapp, Sarah Walz, 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.
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.
Yapp explained to the Commission that he helped coordinate the Request for Proposals (RFPs)
for the City for the subject property, and because of his familiarity with that project, he prepared
the staff report.
He said that the subject property is currently zoned Public (P) and owned by the City. He said
the RFP process resulted in nine development proposals, which were culled down to three
finalists before the Council chose The Chauncey. He said Planning Is currently in negotiations
for a development agreement with the developer and had anticipated applying for a rezoning to
Central Business (CB-10) once that agreement was largely accepted. He said the main
distinction between the Central Business Support (CB-5) and CB-10 zone is height limitation.
Yapp explained that for the CB-5 zone the limit is seventy-five feet, which is approximately a six
story building, while the CB-10 zone does not have a strict height limitation, but does have a
Planning and Zoning Commission
April 1, 2013 - Informal
Page 2 of 7
floor to area ratio requirement of ten or up to fifteen with bonus provisions. He explained what
the zones were immediately bordering the subject property.
Yapp said in evaluating this application to CB-5, staff's conclusion was that the subject property
has characteristics which would make it appropriate for CB-5 or CB-10. He explained all the
characteristics that are written into the Comprehensive Plan and the Downtown/Riverfront
Crossings Plan that made it appropriate for the CB-10 zoning. Yapp said staff recommendation
is to recommend against CB-5 zoning with the eventual goal of applying for CB-10 zoning.
Eastham asked if Yapp could expand upon the idea that there is a functional transition here that
would actually accomplish whatever transition areas are supposed to accomplish. Yapp said he
thinks of a transition area as stepping down in zoning and intensity from a higher intensity area
to a lower one. He said staff looked at the fact that an existing 475 space parking facility is to
the east of the subject property and there's additional Central Business Service (CB-2) zoning to
the east side of that parking ramp and to the east side of Van Buren Street for the transition
from the residential zone to the east.
Eastham said he understands what zones are there and said what he wants to know is the
purpose of a transition zone and how either the CB-5 or the CB-10 zoning accomplish that
purpose. He asked if the sole measure of transition zoning is that there's some other zoning on
each side of it. Greenwood Hektoen said she thinks that's a good question for Thursday
because many people are interested in that discussion.
Eastham said he thinks that the other aspect at play here is that the recently adopted Riverfront
Crossing/Downtown Development Plan talks about at some length about preserving historic
buildings. He says from this staff report it seems to say that the only strategies necessary to
preserve our historic buildings is that they are not redeveloped. He said there might be other
things that affect whether or not a historic building is able to functionally maintain itself as a
historic building. He asked Yapp to comment on that, particularly since there is a historic
building directly to the west of the subject property.
Swygard said the staff report talks about the shadow effect, focusing on the park. She said it
mentions that shadow studies were done. She said would like to see the shadow studies that
were done on surrounding buildings. Yapp said shadow studies were done on the three final
proposals that Council considered. Martin asked upon which buildings they considered the
shadow affects. Yapp said the impetus for that was on Trinity Church. Swygard asked if any of
the studies were directed to the east. Yapp said they were. Swygard asked to have that
information made available to the Commission.
Thomas said they don't have any information on what the shadow affects would be of a CB-5
building. He said he would like to see what the effects of a CB-5 building would be. He said the
shadow affects were studied at the minimum and maximum elevations of the seasons, the
winter and summer, and he would like to see it at the midpoint because there's wide variation in
terms of sun elevation throughout the year. He said what they are seeing from the existing
studies are the two extremes from during the year. Yapp said the City does not have the
technology to develop shadow studies. Thomas said that given how important this project is,
they need to have that information.
Swygard said if the argument for or against any proposal is the shadow affect, she feels she
needs more information. Eastham concurred with Swygard's statement.
Weitzel asked if there was a fourth person interested in this kind of study. Dyer said she is.
Planning and Zoning Commission
April 1, 2013 - Informal
Page 3 of 7
Thomas proposed starting at 7:00 a.m. and continuing the study at 10:00 a.m., 1:00 p.m. and
4:00 p.m.
Yapp said the studies he has did 7:00 a.m., 9:00 a.m., 11:00 a.m., 1:00 p.m., 3:00 p.m. and 5:00
p.m. Thomas said that would be fine. He asked for a bigger picture of the subject transition
zone.
Swygard said she wants to see the residential zones from the east from the parking ramp
marked out clearly.
Thomas said in the staff report there is a mention of the properties in the Downtown Planning
District and his understanding is with the update, Iowa City 2030, there is a discussion of having
a redevelopment plan for study done, with whatever that comes out of that being folded into the
Central District Plan.
Miklo explained that the reason staff suggested that those areas might be added to the Central
District is that the Downtown District does not automatically require design review for multi-
family infill buildings. Therefore staff suggested that the areas that are not currently covered by
the Downtown Plan or the Central District Plan be added to the Central District to assure design
review.
Eastham asked if the Commission is going to look at the design of the proposed building at
College and Gilbert Streets. Miklo replied that if this comes back before the Commission as a
CB-10 zone, those are conditions that can be considered with the possibility of a Conditional
Zoning Agreement.
Eastham said he would like staff's comments about why we are doing anything with zoning in
those areas now when the overall plan is to have a more detailed study about what to do with
zoning in those areas. Miklo said staff's concerns are that these areas are likely to develop
without any sort of guidelines. In the case of the subject property it is zoned P but the City has
determined that it is not needed for City purposes and there was interest from private
developers so that the decision was made to handle the property through the RFP process.
Eastham asked what the Commission's role is with this application. Greenwood Hektoen said
they would consider whether the zoning request is consistent with the Comprehensive Plan as
they would do with any other zoning request. Eastham asked if he had to consider the Council's
RFP. Greenwood Hektoen said he would.
Thomas said he would like to know what the building height is on the Gilbert Street side, so he
will have an idea what seventy-five feet would mean on Gilbert Street.
Eastham said he would appreciate staff's comments on any other areas where CB-10 zoning
occurs other than in the Central Business District, and he would like that to be noted in the staff
report.
Thomas said he wants to bring in any information from the Riverfront Crossings Plan that
speaks to the question of building height. He said that would pertain to development standards
or the recommended building heights with the proposed development. He said he thinks that
ties to the concept of transition.
Eastham said he is struggling with the notion of the recently established Riverfront Crossings
Planning and Zoning Commission
April 1, 2013 - Informal
Page 4 of 7
and Downtown Districts and the emphasis in those locations for much more dense uses in
higher buildings and how planning for uses in those are superseded by or complementary to the
Riverfront Crossings and Downtown District Plan. He wants to know how those recent planning
efforts fit in with the current situation at Gilbert and College Streets.
Thomas said he wants to know how this plan for a twenty story building reflects the more
general thrust of the Downtown/Riverfront Crossings Plan as being in a more southern direction.
He said he's not aware of any discussion that the CB-10 character should be moving east.
Swygard said that in going over map after map it's obvious as mentioned in the staff report, that
the downtown is bordered on Gilbert Street. Miklo explained that the CB-10 zone has
traditionally been the Center Business District zone, and that stops at Gilbert Street. He said the
Downtown District for planning purposes extends further east, north and south. He said the CB-
2, CB-5 and CB-10 zones are all downtown zones.
Dyer wants to know why the City has a Planning and Zoning Commission or why this doesn't
come here first. Miklo asked if she is asking in terms of the RFP. She said she was, and dealing
with rezoning after the decision has already been made that what's going to be there is going to
be in that zone. Greenwood Hektoen said it hasn't been rezoned yet, so it's still a question for
the Commission to consider and for Council to consider.
Thomas said the Ryan proposal could be used as an example of a CB-5 building for the shadow
study. He said he would like to see the Fall and Spring equinox in the shadow study.
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."
Walz said they have made some changes to this Plan based on feedback at the last meeting,
and she handed out the changes to the Commission. She explained that she is adding Hazard
Mitigation Risks to a sidebar that lists all the components of the Comprehensive Plan. She said
in response to Eastham's request she had eliminated the word "lure" in two places. She said
she had added a brief statement after public safety and how that's part of good neighborhood
planning. She explained how she has strengthened the portion regarding continuing to track,
measure and reduce energy consumption and greenhouse emissions. She said that in her
research she found no derogatory connotations to the term "workforce housing". She said she
could only find the term "workforce" in the economic development section of the plan and it did
not refer to housing but developing the workforce.
Planning and Zoning Commission
April 1, 2013 - Informal
Page 5 of 7
Walz said there has been a call from both the Commission and some people in the community
for more concrete steps and measures regarding achieving sustainability. She said once Brenda
Nations has completed her report the City will have clear measures of where we are and what is
possible, and as a result of that assessment the City can set clear goals and steps to attain
sustainability. She said the things that lead to sustainability are already written into City Code,
things like walkability, complete streets in every subdivision, and the use of mass transit. She
said commercial development is spread throughout the city so there is access for the
neighborhoods.
Thomas said he thought the walkability is the best indicator of all sorts of measures. He said
that we do need to measure the goals set forth in the Plan.
Eastham said that measuring lets them know what is actually happening, even if it not what the
Plan calls for, but they have to know whether it is or isn't happening. Walz said that is what
Nations is doing at present.
Thomas said having the measures may promote cooperation between agencies. He said we are
all one community and these things do all fold together in establishing quality of life. He said
measuring gives them a better idea of where they need to focus.
Eastham said he is not satisfied with a part of the Plan that designates the College/Gilbert
Street parcel for Commercial Development within the new Plan. Miklo said the reason for the
change is that the Council has decided that the property is going to be sold. Miklo said three
blocks, with the exception of the subject corner, are shown as Public. Eastham said the borders
on the east side are shown as mixed uses. Miklo said that is based on the previous
Comprehensive Plan which was based on the uses that are there. Eastham said perhaps he
should note that Commercial doesn't mean CB-10.
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.
Miklo explained that this application has expired, as all preliminary plats do after two years. He
said there haven't been significant changes in zoning regulations since this application expired
for this part of the city. He said the plan before the Commission is almost the same plan that
was approved before. He showed the Commission the changes that were made. He explained
that the reasons for the staff's concerns are that the corner lot will have streets on three sides,
which isn't very desirable, and another house has a street in front and in back of it. He said the
subdivision Codes try to discourage that. Staff is recommending approval of this application.
OTHER
ADJOURNMENT:
Swygard moved to adjourn.
Thomas seconded.
Planning and Zoning Commission
April 1, 2013 - Informal
Page 6 of 7
The meeting was adjourned on a 6-0 vote.
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PLANNING AND ZONING COMMISSION
APRIL 4 — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, John Thomas, Tim Weitzel
MEMBERS ABSENT: None.
STAFF PRESENT: Bob Miklo, John Yapp, Sarah Walz, Sarah Greenwood Hektoen
OTHERS PRESENT: Rockne Cole, Mark McCallum, Jon Fogarty, Nancy Quellhorst,
Louise Young, Mary Gravitt, Josh Schamber, Diane Machatka,
Peter Jordet, Erik Gidal, Elizabeth Michael, Amanda Van Horne,
Paul Hanley, Alan Swanson, Regenia Bailey, Bill Nusser, Jan
Palmer, Elsie Gauley Vega, Dhyana Kaufman, Ann Christenson,
Sonia Ebbinger, George Etre, Tim Connery, Philip Kemp, Perry
Lenz, Nancy Adams Cogan, Eric Johnson, Linda Fisher, Nancy
Carlson, Mary Murphy.
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 to recommend approval of an amendment to the
Comprehensive Plan to adopt an update to Iowa City's Comprehensive Plan: "Iowa City
2030."
The Commission voted 7-0 to recommend approval of SUB13-00007 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.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
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.
Planning and Zoning Commission
April4, 2013 - Formal
Page 2 of 15
Yapp explained that the property is currently owned by the City, is zoned Public (P) and is in the
Downtown Planning District. He showed a view of the property, and, at the request of the
Commission, showed a large view of the zoning patterns in this part of the city. He said in staff's
opinion the zoning does step down in density as the zoning pattern moves east from this
property. He said that the Riverfront Crossings/Downtown Plan, while not specifically including
this parcel, does state that corner lots should be reserved for taller buildings and that new
development should be focused on lots that do not contain historic buildings and that mixed use
developments should be encouraged. He said that the current Comprehensive Plan states that
higher density development in the Downtown reduces pressure on the less dense surrounding
neighborhoods. He said the property has many characteristics consistent with either Central
Business Support (CB-5) or Central Business (CB-10) zoning as outlined in the staff report. He
said the site is close to arterial streets and several public buildings.
Yapp said staff feels that the property has several elements that make it more appropriate for
CB-10 zoning than for CB-5 zoning: the adjacency to existing CB-10 zoning; it is on a corner lot
and adjacent to a 475 space, 24 hour parking facility; CB-10 is more consistent with the larger
strategy of promoting a pedestrian -oriented downtown; the ability to add more to the mix of
destinations and residences downtown; and the ability to deliver a mixed use development,
which is emphasized in the Downtown Plan.
Yapp said they were able to mock up a shadow study, at the Commission's request, for a
generic CB-5 building. He showed shadow studies for both that and The Chauncey. He showed
the studies for various times of day and at the highest and lowest points of the sun during the
year. He said in staff's opinion the shadows are similar. He showed other months and times for
both buildings.
Yapp said that staff recommends denial of the request from the applicants. He said staff feels
that a CB-10 zoning is more appropriate given the characteristics of the property. He said staff
intends to apply for CB-10 zoning when an agreement to transfer to private ownership is more
imminent. He said until that time, staff feels that it's appropriate that the property remain zoned
Public (P).
Eastham asked Yapp if he is correct in that there is more of a shadow effect for a two -hundred
than a one -hundred foot building on the Trinity Church property to the west. Yapp said that all
other things being equal, he would agree. He said that the he believes the setback of the upper
floor of the building make a difference.
Eastham asked if there is some way to measure or to assess the effect of the shadowing from
either building on either the Trinity property or the park to the north. He asked if there being a
shadow would be a problem. Greenwood-Hektoen said she thought that was a subjective
question that's difficult for staff to answer.
Thomas asked when the CB-5 and CB-2 zonings were developed and how the building heights
and Floor Area Ratio (FAR) standards for those zones were developed. Miklo said the CB-2
zone was put in place in 1985 and allowed ten -story buildings at that time. He said reforms in
2005 reduced the height limit to four stories. He said the CB-5 was developed in the early 1990s
as a way of encouraging redevelopment south of Burlington Street and east of downtown.
Thomas asked if the two aforementioned zones were developed at the same time as the CB-10
zone. Miklo said the CB-10 zone has been in place since at least 1983.
Freerks asked if CB-2, CB-5 and CB-10 zonings have all had a number of changes. Miklo said
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the only significant changes to the CB-10 zone have been some design guidelines for
storefronts and some requirements for parking for residential uses. He said he doesn't think the
CB-5 has changed significantly. He said the CB-2 zone had the change in height requirements.
Thomas asked why seventy-five feet was set as the height limit for the CB-5 zone. Miklo said he
would have to look at the files to get that information.
Freerks asked if there are bonus points available in CB-5 zone. Miklo said there are and the
Floor Area Ratio (FAR) can go up to five with streetscaping improvements and masonry
construction.
Freerks asked if there are any height restrictions in the CB-10 zone or if it's all about lot area.
Miklo said in zone has a maximum FAR of ten, but you can get a higher FAR by including things
the City wants to promote, such as Class A office space.
Swygard asked if this is in the Downtown District in the current Comprehensive Plan. Yapp said
it is. Swygard asked if in "IC 2030" it will remain in that district. Miklo said the draft document
indicates that that the area between Gilbert Street and College Green Park needs further study
and depending on that study may be added to the Central Planning District.
Eastham said that in the staff report it says that reducing development pressures on
surrounding near downtown neighborhood is one of the rationales that staff uses to support CB-
10 zoning for this parcel as opposed to CB-5. He asked if staff is going to propose additional
CB-10 zoning to the east or north of the current proposal. Yapp said staff is not contemplating
additional CB-10 zoning in that area, however, the downtown section of the recently adopted
Riverfront Crossings Plan does state that underutilized properties, corner lots and non -historic
properties are appropriate for higher density development.
Thomas asked why the staff reported that the main distinction between CB-5 and CB-10 zoning
is the building height. He said the two aspects that differentiate the two zones are building
height and Floor Area Ratio (FAR), so he's not clear why Yapp said the main distinction is
building height. Yapp responded it's because the two are related in that the higher the FAR, the
taller the building can be. Thomas asked if the shadow study they did on a generic six story
building was for the entire footprint of the building. Yapp said they had a setback on the upper
floors. Thomas argued that the FAR in the two zones is different. Yapp agreed.
Eastham referred again to the statement about reducing the development pressures on
surrounding near downtown neighborhoods. He said he thought the gist of what they had been
doing the last several years to address that issue has been trying to reduce the number of short-
term renter occupants in those neighborhoods. Miklo said they have been undertaking other
measures to reduce pressures. Eastham said the proposed use of this parcel under CB-10
zoning would do that, unless staff is recommending that some of the residents in the proposed
building are used for short-term student occupancy. Miklo said it's not just about student
housing. He said the City's efforts have been to channel the demands for space to areas that
don't have historic buildings on them.
Freerks opened public hearing.
Rockne Cole of 1607 East Court Street said that the Comprehensive Plan is a document that
the Commission is sworn to uphold. He said what the Iowa Coalition Against the Shadow is
asking the Commission to do is to follow and uphold this document that citizens have spent
countless hours developing as they determined what kind of city we want to become. He said
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their application for CB-5 zoning complies with the Comprehensive Plan in every way. He said
negotiations are underway, and it is still to be determined if the City will give away thirteen
million taxpayer dollars. He said the applicants' request boils down to determining the
appropriateness of CB-5 zoning for this parcel.
Cole read from the City Code that says: The purpose of the height limitation is to promote 1.
Reasonable building scale and relationship between buildings 2. To provide options for light, air
and privacy 3. To prevent buildings that visually dominate other buildings in the vicinity. He said
the proposed development will be higher than any other development in the city by at least six
stories, and it will tower over all other developments in the community. He said the community
believes this area should be transitional. He said the purpose of CB-5 zoning is to provide
orderly transition from the Central Business District. He asked under what definition of orderly is
the very first expansion of CB-10 as a twenty -story building. He said that's not orderly, it's not in
scale, and it's a violation of the public trust. He said the applicants want the Commission to
grant the application and put it in the hands of the City Council, who were the ones who did not
first consult this Commission or determine if the community would uphold this. He said the
applicants and the coalition support higher density that's environmentally sustainable for
business expansion. He said what the applicants are asking is that the very first expansion from
the Central Business District is not the highest building in the 170 year history of this
community.
Greenwood Hektoen clarified that there is no developers' agreement for this site, so the building
height has yet to be determined. She said Council has indicated that they would anticipate CB-
10 zoning there.
Mark McCullum of 1610 Crescent Street asked what zoning this lot was prior to the City's
ownership. Miklo said staff would research that and report back to the Commission. McCullum
said he participated in the Zoning Code rewrite in 2005 where they got lots of feedback from the
citizens indicating that the subject area was a transition area. He said when the City studied this
area for the Code rewrite, the result was a downzoning, not an up zoning. He asked if there is
an intention to rezone all public spaces in the area to CB-10. Yapp said there was not.
McCullum said he had been hearing that the Recreation Center, which covers an entire city
block, is in play before this is all over. He said if they start expanding the CB-10 zone, what's to
keep other buildings in CB-5 zones and CB-2 zones from asking for a CB-10 rezoning. He
suggested that everyone view the city from College Green Park and look at what's happening to
that area and they'll see how the city is moving eastward towards the park. He said this is the
first of many steps that he would call a slippery slope in why the CB-5 zone makes so much
sense as a transition zone. He said the applicants are for development, but would like to use
East Village in Des Moines or McQuillen Place in Charles City as models where there can be
reasonable transitional development that also expands the tax base.
Jon Fogarty of 1111 Church Street said in retrospect, if City Council had been doing their
homework, they would have rezoned this before they put out the Request for Proposals (RFP)
and the community would be discussing this map long before time and expense were put into
proposals. He said if you had asked citizens what size building should be put on that site; he
doesn't think many would say it should be the tallest building in town. He said the historic
neighborhood adjacent to this proposed building is only two stories high. He said he can't
imagine many people recommending going from five, to twenty to two stories all within a block.
Fogarty said the vision that is being put forth is myopic and doesn't take into account the rest of
that property. He said if they stick to the Comprehensive Plan and go south of Burlington and
the proposed building is as wonderful as is being touted, it's going to be a magnet for
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development as downtown moves south of Burlington in accordance with all the planning that
has been done. He said if they are going to not go south of Burlington and spot zone this and
make a giant wart in the midst of CB-5 and CB-2 buildings, they might as well go all out and
bulldoze everything on three blocks from the Recreation Center to United Action for Youth, sell it
all for lots of money and be ready to zone it CB-10, do CB-5 all around it and watch the
encroachment into College Street. He said if the building is as good as advertised, it will be a
magnet for other density, and that's why it belongs in another part of the city. He said there have
recently been a number of great buildings in that neighborhood fall to the wrecking ball and be
redeveloped, and that is the future of the neighborhood if this one property is spot zoned. He
said then everyone from the Credit Union to United Action for Youth and others could then ask
for higher density zoning if this one building is spot zoned. He said when talking about vision,
let's not just look at this small subject parcel of land, but think about the vision for the entire
neighborhood and downtown and stand by our Plan.
Nancy Quellhorst of the Iowa City Area Chamber of Commerce said she supports the retention
of Public zoning with the hope that this property will at some point be zoned CB-10. She said
CB-10 would better align with Smart Growth strategies, which include dense urban areas,
enable walkability, and boost the local economy, and create an environment that feels safe. She
said most importantly it could bring a real vibrancy to our area. She said CB-10 will allow for a
critical mass of the workforce housing with office space and ground level activity that will best
utilize this unique parcel.
Louise Young of 320 E. Washington Street said that this zoning should never be moved to CB-
10. She emphatically stated that a twenty story building does not belong in this part of town, and
it's inconsiderate of someone to put that building up when so many other buildings are affected
by the shadow it creates. She said she belongs to Trinity, and they use the sun and the ground
to go green on their heating and electricity. She said a smaller building that makes use of the
green methods of conserving electricity would be much better suited to that site. She said the
people at Trinity are very puzzled why the Council did not choose the one proposal that did fit
the bill.
Mary Gravitt of 2714 Wayne Street said Gilbert and College Street is only an approach to the
downtown area so that twenty story building is completely inappropriate and would create a
canyon. She said City Council has gone insane and thinks this town is Los Angeles or Paris or
New York. She says putting a twenty story building there looks very suspicious, as it may
forebode a move toward Linn Street, and building its brothers and sisters. She said she doesn't
want to see Iowa City overextend itself when we are what we are.
Josh Schamber, president of the Iowa City and Coralville Area Convention and Visitors' Bureau
said they have been pleased by the transparent and inclusive process of staff and City Council.
He said they are pleased with the cinema and bowling alleys that are proposed as they will bring
more community residents into the downtown area. He said they are pleased by having another
hotel and workforce housing. He said he believes that the developer will work to develop a
project that a majority of the community can be proud of.
Diane Machatka of 406 Reno Street disclosed that she works in the University of Iowa Planning
Department but she does not speak on behalf of the University and her comments do not
represent any University position. She said she supports development on this corner and the
City's goals for this development. She said, however, she doesn't think it's safe to assume that
just because something is outside the border of a neighborhood it's not really going to have a
negative impact. She said we have a responsibility to make sure that historic neighborhoods
and historic properties are not diminished by new development. She said the blockjust east of
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the subject site is zoned CB-2, and all the other boundaries on the CB-10 zone that are not
public are zoned CB-5, which then steps down to CB-2 or CC-2. She said this is the only
location in town where a CB-10 area is bordered by CB-2, and to say that going directly from
what could be a twenty story building to a half block wide of CB-2 and then directly into a
residential historic district does not constitute a reasonable transition.
Peter Jordet, a student at the University said he believes the CB-5 zone achieves just as well if
not better what the CB-10 zone could achieve. He said the infill that has occurred so far in the
adjacent CB-10 zone is lower height buildings that fit into what is already there and the CB-5
zone would insure that trend continues near downtown. He said CB-5 would make a better
transition area. He said much of the Riverfront Crossings area will be zoned CB-10 and near
downtown, so if the subject property were to be zoned CB-10 it would only marginally improve
walkability or increase the amount that will be here in the future looking at the entire picture of
what's going to happen to the city.
Erik Gidal of 328 Brown Street said he thinks City Council and City Staff as well as many people
who are interested in downtown commerce are collectively losing their minds when they think
about building a twenty story building. He said this building would be a monumental disaster for
the downtown of the city. He said this is a matter of intervention among friends, and he is asking
the Commission to step in preemptively and zone this CB-5 as a message that there needs to
be a limit to the kind of development that's going on and a sense that City Council really needs
to rethink this.
Elizabeth Michael of 2801 Highway 6 E. said when she read about how the decision came
about in choosing the proposed building she decided that the fix was in. She said other people
talked to her and were similarly outraged and suspicious. She said it may be that the building
City Council chose may be the best building, but the process by which it was chosen does not
inspire confidence. She said before City Council is able to move ahead with the process she
wants them to use the criteria that they established to decide if this is truly the best choice.
Amanda Van Horne said she is the Junior Warden at Trinity Episcopal Church and is speaking
for CB-5 zoning on behalf of the congregation and vestry. She said they think that CB-5 zoning
would result in a development that's consistent with the Comprehensive Plan, maintains the
viability of their congregation, and provides for the welfare of all citizens. She said the
Commission has a responsibility to be the gatekeeper of the Plan, insuring that everyone,
including the City, abides by the Comprehensive Plan. She said the ways Trinity uses their
property are limited by the parking and space constraints that come with their decision to remain
downtown. She said they fear that increased pressure on parking, which may result from CB-10
zoning, would limit their economic viability. She said if limited parking causes people to go to
other churches or causes them to alter church activities, they may no longer be a viable
congregation and may be forced to abandon a historic building that they treasure.
Van Horne said Trinity has long been an advocate of affordable housing. She said high rise
construction limits who can afford to use the building. She said that buildings taller than seventy-
five feet are required to meet the building codes for high-rise construction, meaning increased
construction costs and higher rents that will limit the ability of low and moderate income
individuals and non-profit entities to use the space. She said given the public investment via the
TIF, it should be insured that the building is open for use by tenants of both modest and
extravagant means. She said CB-5 would limit the height of the building and therefore limit
construction costs, allowing the building to be more accessible to the general public. She said
they are urging the Commission to decide for a building scale that respects the City's own plan
for the neighborhood.
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Paul Hanley of 518 Meadow Street said he taught Urban Planning, and he thinks it is premature
for the applicants to be asking for a change in the zoning. He said he believes a higher density
belongs on this side of Burlington Street. He said he doesn't think a rezoning to CB-5 will relieve
the concern of the shadow affecting Trinity Church.
Alan Swanson of 930 Foster Road said CB-10 zoning indicates a city moving forward, not stuck
in neutral when it comes to an exciting urban future. He said this building is a beacon of
progressive thinking. He said he sees the offerings of this building as a great addition to help top
off the complement of arts that the city offers. He said as a realtor he knows that young and
aging populations want to live downtown. He said we are no longer a small town, but rather an
international city.
Regenia Baily of 310 Reno Street said it's rare when a public space is turned into commercial
land. She said this is the community's land, and they should seek the highest return on it, and
CB-10 makes that possible. She said to deal with the growth pattern of Iowa City; it makes
sense to look into increasing the density where there already is the infrastructure. She said
development like this takes the pressure off our older neighborhoods. She said CB-10 offers the
most possibilities of the vision of bringing people downtown and it supports the vibrant and
active community downtown. She said she would hate to see this rare opportunity squandered
by keeping things short.
Bill Nusser, owner of Hand's Jewelers, said that we need responsible development that will
increase the chances of sustainability and survival for commercial business owners downtown.
He said that the Moen project offers that. He said he frequently hears that people want to live
downtown, and that opportunity doesn't exist right now. He said he thinks this project offers a
more stable type of resident as opposed to all the student housing that is in the downtown area.
He said he thinks this is exactly what the town needs exactly where we need it.
Jan Palmer of 814 Bowery Street said the genius of Iowa City is that it does not read as a city,
offering a rich cosmopolitan environment with the warmth and hospitality of a large town. She
said if they don't destroy it, this unique blend of elements may prove over time to be Iowa City's
civic asset. She compared Iowa City to Madison, Wisconsin, a city, not a town, which has
maintained a strict height limit on its buildings. She said a seventy-five foot limit seems entirely
appropriate for this location. She said anything larger would be out of scale and significantly
obstruct the view of downtown from neighborhoods to the east. She said the CB-5 zoning would
help assure that growth can be accommodated while protecting the essential nature of the
community.
Elsie Gauley Vega of 320 E. Washington Street said that a tall building just across from a
historic property is too close. She said just because the site is on a corner, it doesn't seem to be
calling for a tower. She said it's an insult to Trinity Episcopal Church, which just completed a
project on their building to provide more service to people. She said we are called Iowa City but
we are really a town. She said build the tall buildings in Riverfront Crossings instead of in a
residential district. She said the apartments in the proposed building would be too expensive for
the working class.
Dhyana Kaufman of 422 Wales Street said this site is just not the right place for a twenty -story
building. She said this is public land, held in trust by the City, and she doesn't feel there has
been enough genuine public discussion about what should be put on this site. She said she
feels that staff and City Council had this grand vision for what should go here, but they missed
the piece about talking to the community. She said a lot of people are passionate about the
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character and nature of this town. She said because this is public land, the community needs to
hold the commission to higher standard for expectation of how it is used. She said this should
go back to City Council for more public hearings. She said this is indeed a rare opportunity to
make a space that is special and is really for the whole community, and could still be a magnet.
She said this is more about return on the dollar.
Ann Christenson of 827 Dearborn said she has a Masters in Urban Studies. She said a building
of twenty -stories is entirely inappropriate for that site. She said she thinks there are more
appropriate opportunities for a building of this type in the Riverfront Crossings area. She asked
why the City isn't pursuing the plan they already have for high rises in that area. She said this
building on the proposed site would obscure the view of Old Capital, our most recognizable
image. She asked why the City is giving so much TIF money to a project that should be able to
stand on its own. She said tax payer money should not go into it at the level it's being offered.
Sonia Ebbinger suggested we wait until the Park 2001 has been completed to see what the
shadow is like with this fourteen story building. She said the apartments in these high rises are
too expensive for the working people. She said this is a charming town, and we shouldn't make
it bigger than human, and she thinks these big buildings in the downtown are going to make it
lose its humanity. She said if Gilbert Street and College Street are going to have both more
residential and visitor traffic spilling out onto them, it's going to get overloaded with both drivers
and pedestrians.
George Etre, a downtown business owner, said he is excited by the proposed development. He
said projects like this only help the vibrancy of downtown.
Tim Connery said he believes that the strong economic environment in Iowa City was fostered
by the ability for responsible developers such as The Moen Group to proceed with projects such
as the proposed one. He said he thinks we shouldn't be afraid of this project. He said it is what
is needed to attract young professionals to the city.
Philip Kemp said he is speaking on behalf of Trinity Episcopal Church as a vestry member and
wants to emphasize that this is a historic decision that should be taken in context with what may
happen next. He said the Commission is setting a precedent here. He said if they recommend
CB-10 zoning they are opening a door to other CB-10 development moving to the east. He cited
an example in a section of London that was glutted with high rises that have not turned out to
fulfill the hopes and dreams of their planners and builders. He said we have to think about
environmental sustainability, and the carbon footprint of the proposed building may be quite
extensive in terms of light, energy and people commuting in by car. He said Trinity was getting
LEEDS certification on its building when they redeveloped it in 2009. He said if the proposed
building without any height restriction goes ahead, that will increase Trinity's costs of lighting
and heating and possibly cause them to relocate.
Freerks called for a five minute break, after which the meeting was called to order and public
hearing continued.
Perry Lenz of 113 Post Road said his concerns with a CB-10 zone is the traffic or parking
problems that could be created. He said with the character of the neighborhood, CB-5 zoning
would be more appropriate.
Nancy Adams Cogan of 1117 St. Clements Alley read a poem about light on College Street and
beyond that indicated her concern about light, the sky and the views of Iowa City if high rises
start proliferating.
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Eric Johnson of Oxford said it is conceivable that the proposed building could be the seventh
tallest one in Iowa in a transitional zone. He said the proposed building, only one story lower
than the Alliant Tower in Cedar Rapids, is entirely out of place in the proposed location.
Linda Fisher from Coralville said she likes Moen's ideas very much, but he may be able to find
another place for this proposed building that won't pull the community apart. She said she has
faith in him to do that.
Mary Gravitt said she had issues with the pejorative connotations of the term "workforce
housing." She argued that there was nothing transparent about the City Council's selection of
that twenty -story building. She said Trinity Church made their improvements on their own and
didn't get any TIF money.
Louise Young said she and the people at Trinity are in favor of responsible development. She
said it not responsible to build multiple skyscrapers in this town, particularly in a transitional
area. She said the decision needs to be made carefully and prayerfully. She then said a prayer.
Nancy Carlson of 1002 E. Jefferson Street said from attending Planning and Zoning
Commission meetings for over twenty years, she has come to realize that one of the major
arguments that's always used by staff is that the subject area is already zoned a designation, so
why not expand it a little, with disregard to the area around it. She said she is frustrated by the
fact that the rest of the buildings in the CB-10 zone across from the proposed development are
of CB-5 character. She reminded the Commission that every time a developer has tried to up
zone an area they have told the Commission that if they don't do this it will be to the detriment of
the city. She argued that it would instead be a detriment to them, not to the city. She said the
City has turned down many of these projects, and she asked as a result if the city has suffered
or moved forward in a way that is better for all the citizens of the community.
Bill Nusser said he was happy that the shadow effect between a CB-5 and CB-10 building
appeared to be negligible. He said the people downtown have a concern that a CB-5
designation would bring more of what we have now, and it's inexpensive student housing, and
they don't think anyone could build anything other than that in a CB-5 zone.
Amanda Van Horne said she is again speaking on behalf of Trinity Church as an entity. She
argued that if a setback was included in shadow study for a CB-5 building, the shadow effect
could possibly not affect Trinity as intensely. She said even if there isn't much of a shadow on
Trinity after 9:00 a.m., two of the Sunday morning services and four weekday services are held
before 9:00 a.m. She pointed out that all the units proposed for workforce housing would be one
or two -bedroom units and the rents would be between $1100 and $2500 if it conforms to the
workforce housing restrictions. She said this is not affordable for those who are classified as
"workforce." She said it's been put forth that increased density downtown would improve
walkability. She said it might improve walkability for the people who live downtown but many
people drive from outlying areas and need to park to access the areas that are public spaces.
She said having a movie theatre and hotel that have varying capacities would influence the
ability of people to access the downtown. She cited instances of church members being
adversely affected by the safety issues of ice created by the shadow effect, parking and more
traffic.
Paul Hanley reminded the Commission that the decision on the petition is to change from P-1 to
CB-5 zoning. He said it's not making a comparison between CB-5 and CB-10, and that's an
argument for another day.
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Freerks said she feels like the Commission might not want to decide on this application tonight.
Cole asked if the Commission needs other information or facts. Freerks said if the Commission
doesn't feel confident making a vote, sometimes they will just deny the application, and she
wants to give this the opportunity to have thought and consideration. She said she's going to
have to think about it more. Cole said given that this decision will have implications for
potentially one -hundred years and potentially involve tens of millions of dollars of taxpayer
money as well as private development, the applicants will waive the 45 day limitation period.
Freerks closed public hearing.
Thomas moved to defer until April 18, 2013 REZ13-00009 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.
Eastham seconded the motion.
Thomas said a great deal of thought has gone into this on the part of the community, and it's a
major decision for the Commission. He said he's looking forward to reflecting on the comments
he's heard today.
Eastham said the issues that he will be interested in at the next meeting will probably be
protection of historic structures as called for in the Riverfront Crossings/Downtown Master Plan
and the Comprehensive Plan. He said he's interested in the staff's further discussion about how
that protection is actually supposed to occur. He said he is not clear on what a transition zone
meant to accomplish and how to insure that purpose is actually accomplished.
Martin said this is a question of zoning, not a building, so she needs to separate the two issues.
Swygard said for her it's a zoning issue, and it's not about the buildings but she appreciates the
input, because the types of issues the public hearing has brought forth, like height and light, are
important for her to hear.
Freerks said her hope will be that whatever occurs in this area in the future will be something
that strengthens this area and doesn't break it apart. She said the Commission has a lot to think
about. She said she can understand why it's an area keen for development. She said it's close
to a lovely area to the east, but that want to keep that area lovely. She said Trinity has put a lot
of work and money into part of the downtown, and they want them to stay downtown. She says
she feels that the building and the zone are intertwined in some ways. She said in her mind, it
would be nice if what is being negotiated right now weren't twenty stories, and she's not sure
how putting the tallest building in Iowa City in a transitional zone achieves transition.
Dyer said she doesn't think the Commission can consider this as only a zoning question. She
said if they think of it as a zoning question, she is really troubled by this being another example
of the City deciding to approve something and then coming to the Commission to see if they can
have the zone. She said it's supposed to work the other way around. She said she is persuaded
by the light argument because of a personal instance when her house lost its passive solar
capacity by a three story building on the adjacent lot. She said light matters.
Planning and Zoning Commission
April4, 2013 - Formal
Page 11 of 15
Eastham said formally, this is an application to rezone a parcel of land. He said his responsibility
as he understands it is to consider that application in light of the current Comprehensive Plan
applicable to that parcel, which is the Vision 2000 Plan. He said that they are currently in the
process of recommending a revision of that Plan which has basically a call to study this and
other parcels. He said he would like the staff to help him work his way through what Plan he
should be applying to this and without regard to whatever action the Council has taken.
A vote was taken and the motion carried 7-0.
Freerks called for a five minute break, after which the meeting was called to order
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."
Walz pointed out the changes that have been made to various portions, including Hazard
Mitigation, Economic Development, Environmental, and Arts and Culture. She reminded the
Commission that the issue of setting specific goals and measures for sustainability will be
published in the Iowa City Sustainability Assessment that should be coming forth in the next few
months from Brenda Nation's office. She said she will add some language to the background
section of the Code just to call people's attention to that assessment, and that will be the City's
opportunity to set very specific, measurable goals for sustainability.
Eastham asked if those goals will be applicable to private developments in the city. Walz said
some of them will.
Freerks opened public hearing
Mary Murphy of Parkview Terrace said she has seen some deterioration in Iowa City. She
complained about pan handlers and petty theft being less than helpful in attracting people to the
city. She said many people with children that she knows have moved out of the city. She said
she would like to see the "Iowa City 2030" Plan be truly evaluated to see if it is competitive with
neighboring areas. She said there is a bias in this plan that does not favor families like hers.
She said she would have liked to have seen the staff ask the community what they didn't like
about Iowa City, which is just as important as what they like.
Murphy said the comments of the people on McCollister Court were ignored, and they will now
have high density housing behind their single family homes. She said not everyone wants to live
at certain points in their lives in a mixed neighborhood, and she thinks the Plan needs to respect
consumer choice more. She doesn't like the Plan's emphasis on shallow front yards or that it
discourages cul de sacs, and driveways in front yards because these are all elements that affect
a family with children. She said there's no reason why they should cram as much housing as
possible into Iowa City, despite its limited tax base. She said she doesn't agree that there's an
increased demand for higher density urban housing. She said workforce housing needs to be
better defined in the plan. She said there needs to be more choices for aging people in the
community. She said the Plan should think about whether commercial on the first floor is an
idea that should continue, as some of those retail areas don't look that well patronized.
Murphy said she likes the focus on the environment, but Iowa City is subsidizing a flood gate in
Coralville and some of the University. She said that's bad public policy because it encourages
Planning and Zoning Commission
April4, 2013 - Formal
Page 12 of 15
people to build in a flood plain.
Freerks closed public hearing.
Weitzel moved to recommend approval of an amendment to the Comprehensive Plan to
adopt an update to Iowa City's Comprehensive Plan: "Iowa City 2030."
Eastham seconded.
Eastham said the only major objection he has to what is before the Commission now is the land
use map, which shows the property at the corner of Gilbert and College Streets for commercial
development. He said his purpose is trying to avoid confusion about what they are doing with
this amendment to the Comprehensive Plan for that parcel. He asked about showing the
property as mixed use.
Miklo said they have generally shown downtown and other major commercial areas as general
commercial, which allows for mixed use. He said at this point staff would advise continuing with
the Plan as drafted. Freerks said it does become an island if you show it as mixed use, and she
doesn't know if she has a better answer to the dilemma than Eastham has. Eastham asked if in
the staff's opinion if this land use scenario map is adopted is there any reason why the
Commission could not approve zoning for CB-5 on that parcel. Miklo said he doesn't believe so
because CB-5 and CB-10 are both commercial zones. He said adoption of this map doesn't
compel the Commission to deny the CB-5 zone. Freerks said she would agree with that.
Swygard said this update and the Riverfront Crossings/Downtown Plan project a lot of growth,
and she said that could create a lot of strain on City resources if they don't keep up with the
growth that is happening fairly quickly. She said in the Fire Department's strategic plan 2016
they list as one of their threats city growth outpacing department growth.
Freerks said she sees that happening in Parks as well. Miklo said it will be decades before
Riverfront Crossings builds out. He said the Plan doesn't make the growth happen, but it
provides a plan that it can fit into.
Swygard said with the buildings going higher, there may be additional training needed for fire
fighters.
Eastham said that Thomas had suggested that at some point they incorporate into the
Comprehensive Plan a list of actual, measurable goals which gives indication of progress over a
period of years. He said he supports doing that. Thomas said there's lots of good language in
the update, but his concern is that in looking at plans from twenty years ago, there has been
mixed success in meeting the goals and strategies, and measurability is a way of tracking that.
He said he thinks it's important to come up with an action plan.
Miklo said a good model of that might be the Historic Preservation Plan, which the Historic
PreservationCommission meets on annually to review and plan progress. Dyer said there
should be some goals and then an annual report on the progress of the goals and whether they
need to be modified.
Martin said this update is a lot of good work and still something of a work in progress. She
recognized that it is not going to be everything to every person. She had questions about how
you measure a goal. Freerks said she thinks goals are how you do it with limited time and
resources.
Planning and Zoning Commission
April 4, 2013 - Formal
Page 13 of 15
Eastham said there were comments earlier about honoring consumer choice, especially in
housing type and location, and although that's an important thing to keep in mind, he also has to
bear in mind that his responsibility is to the entire community. He said developers don't
necessarily have the same inclination as he does all the time.
A vote was taken and the motion carried 7-0.
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.
Miklo said he received a revised plat and the technical deficiencies have been corrected. He
said the two double fronting lots have been combined into one, so staff is recommending
approval. He reminded the Commission that this is basically the same plan that was approved in
2009. He said one of the concerns was connectivity to Melrose Avenue. Miklo said in the long
term a collector street is anticipated in the vicinity of Slothower Road connecting Melrose to the
Country Club subdivision and eventually Rohret Road.
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to recommend approval of SUB13-00007 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.
Swygard seconded.
Freerks said this complied with the Comprehensive Plan previously, there have been very few
changes, and it still complies with the Plan. Eastham agreed with Freerks' remarks.
A vote was taken and the motion carried 7-0.
Consideration of Meeting Minutes: March 21, 2013
Eastham moved to adopt the minutes of March 21 with minor corrections.
Martin seconded.
A vote was taken and the motion carried 7-0.
OTHER
Planning and Zoning Commission
April 4, 2013 - Formal
Page 14 of 15
ADJOURNMENT:
Thomas moved to adjourn.
Eastham seconded.
The meeting was adjourned on a 7-0 vote.
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