HomeMy WebLinkAbout07-18-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Thursday, July 18, 2013 - 7:00 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Roll Call
C. Public Discussion of Any Item Not on the Agenda
D. Rezoning Items:
Discussion of an application submitted by Jeff Miller Construction for a rezoning of 1.05-
acres of land located on First Avenue, north of Rochester Avenue from Low Density Multi -
Family (RM-12) zone to Planned Development Overlay/Low Density Multi -Family
(OPD/RM-12) zone. (REZ13-00004)
2. Discussion of an application submitted by Dealer Properties IC LLC for a rezoning to
amend the Sensitive Areas Development Plan to allow restoration of the wetlands without
first removing the topsoil for property located at 2845 Mormon Trek Blvd. (REZ13-00018)
E. Zoning Code Amendments:
1. Discussion of amendments to the Title 14: Zoning Code, to broaden the uses allowed in the
Intensive Commercial (CI-1) Zone based on recommendations from an ad hoc commercial
zoning committee appointed by the City Manager.
2. Discussion of amendments to Title 14: Zoning Code, to delete the specific street width
requirement for Daycare Uses, General Educational Facilities, and Religious/Private Group
Assembly Uses.
F. Consideration of Meeting Minutes: June 20, 2013
G. Other
Joint meeting with City Council 5:00 pm July 23 to discuss amendments to Title 14: Zoning
Code to modify the regulations regarding the spacing of drinking establishments so that the
500-foot spacing rule would only apply to the University Impact Area and the Riverfront
Crossings District.
H. Adjournment
Upcoming Planning & Zoning Commission Meetings
Formal: August 1 / August 15 / September 5
Informal: Scheduled as needed.
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CITY OF IOWA CITY
M E M O RA N D U M
Date: July 11", 2013
To: Planning and Zoning Commission
From: Darian Nagle-Gamm, Associate Planner
Re: Staff Report Update for North 18' Avenue Parcel (REZ13-00004)
This item was deferred at the June 61" meeting, pending the submission of an engineering report
that addresses slope stability and water drainage on the site. Staff has received a draft copy of
the geotechnical survey and a certified letter from a licensed professional engineer addressing
concerns about the potential impact of excavation and development on the existing property to
the south. We expect to receive the final geotechnical survey before the meeting. The
applicant expects there will be minimal, if any, changes from the enclosed draft. As these
documents were received shortly before the meeting packet was compiled, staff has not had a
chance to fully review the documents. Pending review (with no additional comments) by the
engineering department, staff is prepared to recommend approval at the July 18'" meeting.
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2570 holiday road, suite 10
CoralviUc, iowa 52241
Ph: (319) 338-4939 fax: (319) 338-9457
Engineering — surveying
Mr. Jeff Miller
Re: The Piedmonte
Dear Mr. Miller,
At your request I have reviewed the plans for your referenced building on First Avenue. hi particular I
was looking at the potential for damage to the retaining walls and building foundation to the south of your
structure. In reviewing your plans and the existing structures the following facts were used.
1. New building foundation wall 20' north of property line.
2. Existing building 543 N. 1" Ave, foundation 20' south of property.
3. Proposed elevation of grade at new structure south side 725+/-•
4. Grade elevation of 543 property north side 737 +/- on west side and 727 on east side.
5. Three tiered segmented block retaining walls exist on the north side of the 543 property with the
lowest elevation of the soil at the property line being 723.
6. Proposed new retaining wall on west side of new building and wrapping approximately % of the
western south side.
7. For proposed building finished slab elevation of underground parking at 714.37 and for lowest
occupied level at 725.54.
8. Lowest finished occupied level of 543 property at 726.61.
After review of the above information the safety of the building and retaining walls will not be adversely
affected when the construction is complete. The actual maximum height of the existing retaining walls
will be reduced by two feet as the grade in front of the wall is filled from 723 to 725. This will add
stability to this wall. Design of the new retaining wall at the southwest corner of the building will take
into account any surcharge load from the existing walls and will be designed to prevent any undermining
during construction. By protecting and adding some fill in front of the retaining walls their strength will
not be diminished. The finished grade along the lot line will only be filled and not cut. This will result in
no new danger to the existing building foundation.
If you have any questions please give me a call.
Sincerely,
James C. Jacob, RE
I herebycertify that this engineering document was prepared b me Y nginee ' g P P Y Q',.,"•,,.., .�� ,,
or under my direct personal supervision and that I am a duly "iv},"Li¢enaed: j
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ssion En i der the I ws of the State of Iowa.46!1Jcnrw:i L.. :i,j,P.E, a .#8895Date curhewal date is l7ec tuber 31, 2013
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Preliminary
Gootechnical Recommendations
ond Considerations
Piedmont- Retaining Walls and Residential Building
600 Block of North 1" Avenue
Iowa city, Iowa l)1�.��1„l,
July 9, 2013 1
A geotechnical exploration has been performed for the proposed Piedmonte retaining walls and
residential building located in the 600 block of North 1' Avenue in Iowa City, Iowa. Terracon's
geotechnical scope of work included eight borings to approximate depths of 17'/ to 33'/: feet
below existing site grades. Based on the information obtained from the subsurface exploration,
the following geotechnical considerations were identified:
In general, the onske soils encountered in the borings consisted of medium stiff to stiff
lean clay over medium stiff to hard sandy lean clay, trace gravel (glacial till).
A layer of topsoil ranging from 2 to 12 inches in depth was encountered in the borings.
We recommend that this material be stripped from within building and pavement areas
prior to construction.
The upper lean clay soils are anticipated to be largely removed for excavation of the
lower level. These materials generally appear suitable for reuse as structural fill in floor
slab and pavement areas. The clay soils are very moist to saturated, and moisture
conditioning will be needed if the soils are to be used as structural fill.
We understand that up to 10 feet of new fill will be placed on the eastern side of the
building. We recommend settlement monitoring in areas that will receive 5 feet or more
of new fill to verify that 90% consolidation has occurred prior to construction.
Groundwater may be encountered during the lower level area excavation. Seepage into
open foundation excavations may also occur due to perched water in sand seams and
zones. We expect that sump pits and pumps would generally be adequate for
dewatering excavations in clay soils. We also recommend installing perimeter drains
along below -grade walls and along the retaining wall foundations.
We understand that the retaining wall along the southern side of the property will have a
maximum height of about 10 feet. We recommend retaining wall design specify that
foundations bear on the stiff to very stiff sandy lean clay (glacial till). Based on the
existing grading plan, we anticipate that this material will be present at the planned
foundation grade. If the foundations do not bear on glacial till, we recommend
overexcavation and backfill with granular material to suitable glacial till soils. Retained
fill material properties will be provided in the geotechnical report. If MSE walls are
intended to be used at the site, reinforced fill properties will need to be specified by the
wall designer.
Foundations can be proportioned using a net allowable bearing pressure of 3,000 psf for
foundations bearing on stiff to very stiff glacial till soils. Bearing materials should be
reviewed by our engineer at time of excavation to verify suitable till soils are present at
planned foundation grade.
In addition to perimeter foundation drains, we recommend placing a minimum of 9
inches of crushed stone beneath lower level floor slabs and installing a system of
subdrains below the lower level parking area.
Reviewed by Gregory J. Klein, P.E.
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BORING LOG NO. B-3 Page 1 of 1
PROJECT: The Piedmonte
CLIENT: Jeff Miller Construction
Multi -Family Residence
Iowa City, Iowa
SITE: North 1st Avenue - 600 Block
Iowa City, Iowa
ENGINEER: MMS Consultants, Inc.
Iowa City. IA
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LOCATION See Exhibll A-2
Surface Elev.: 727.5 (FL)oDE NATION
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trace send and sand seams
brown, medium stiff to very stiff
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HP
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22
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3.14
14.9
15
114
SANDY LEAN CLAY (CLI
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trace gravel and sand seams
brown to gray brown
stiff to very stiff
10
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3.5
(HP)
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2.84
13
16
114
14
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N=13.;
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1
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N=112
HP
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2
14
6-9-14
N=23
4.5
HP
13
SANDY LEAN CLAY (Cl I
trace gravel
gray, very stiff to hard
2
14
7-16-19
N=35
4.5
HP
9
3
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10-19-24
N=43
4.5
HP
10
5 696
LIMESTONE-
3.5 highly weathered and broken eat
Practical auger refusal at about 33 feet.
Boring Terminated at 33.5 reef
Classification of rock materials has
estimated from disturbed samples.Core samples and petrographic analysis
tilt
eeee
�1,been
may reveal other rock types.
I
Hammer
Type:
CME Automatic
Hemmer
Stre . oa on lime era app mate. it situ, a transition may
gradual.
Advancement Method:
Continuous Flight Hollow Stem Auger
See EdtibftA-3 for description of field
procedures.
Notes:
See Appends: B for description of laboratory
procedures and additional data (if any).
See Appendix C for explanation of symbols and
abbreviations.
Abandonment Method:
Boring bacd led With soil cuttings after delayed water
levels were measured.
WATER LEVEL OBSERVATIONS
Boring
t�rr�con Drill
763 NI 1 W it Unit 5
IbvN ItaW Prolept
Stated: 6/1812013
Boring Competed: 6/18/2013
No water observed during driiiirg and sampling.
Dryve Cain 2'(63&13)
Rig: GME-550
Driller. DL
No.: 00130610
IEbhlblt A,7
BORING LOG NO. B-1 Page 1 of 1
PROJECT: The Piedmonte
CLIENT: Jeff Miller Construction
Muld-Farrilly Residence
Iowa City, Iowa
SITE: North 1st Avenue - 600 Block
Iowa City, Iowa
ENGINEER: MMS Consultants, Ina
Iowa City.IA
rd'
Sj
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LOCATION Sea Exhibit A-2
Surface Elew 730 (Ft.)
DEPTH TION F
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trace gravel and occasional sand seams
gray brown, very stiff
22
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trace gravel
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Boring Terminated at 30.$'Feet
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Stratification lines are approximate. I"Itu, the transition my be gre uaL Hammer Type: CME Aulorea c Hammer
Advancement Method:
Com:nuous Flight Hollow Stem Auger
See Exhibit A-3 for description of field
procedures.
Notes:
See Appendix B for description of laboratory
procedures and additional data (if arry).
See Appendix C for explanation of symbols and
abbreviations.
Aberulmmerd Method:
Boning bacldllled vdlh soil cudlrlgs after delayetl water
levels were measured.
WATER LEVEL OBSERVATIONS
Boring
1 rerracan Drill
?as Hip 1 Waat Udl a
Started: en 9/2013
Boring Completed: S/79Y1073
No t612far luerved tlunrg drilling and Sampling.
5
18' (&25/13)
Rig: CME550
Driller. DL
MW , lalq Project
No., 06195819
Ezhibil: AS
BORING LOG NO. B-2 Page 1 of 1
PROJECT: The Piedmonte
CLIENT: Jeff Miller Construction
Multi -Family Residence
Iowa City, Iowa
SITE: North 7st Avenue - 600 Block
Iowa City, Iowa
ENGINEER: MMS Consultants, Inc"
Iowa City. IA
00
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LOCATION See ENibft A-2
Surface Elev.: 734.5 (Ft.)
DEPTH ELEVAT10N
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trace sand
brown, stiff
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5
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26
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36-20-16
Cs=4
.5 727
Ca=219, 6f
SANDY LEAN CLAY (CLI
trace gravel and sand seams
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stiff to very stiff
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116
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(HP)
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17
108
trace gravel
gray, very stiff to hard
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N=14
4.5
HP
14
2
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4.5
HP
11
9.3 705
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0
N=50/4"
probable bedrock.
Boring Terminated at 29.3 Feet
Stratification lines are apprwdma•.e. In -situ, the transition may be gradual. emmer Type: C Aubmatic mmer
Advancement. Method:
Continuous Flight Hallow Stem. Auger
Sea Exlab6 A-3 for description of field
procedures.
Notes:
See Appendix B for description of laboratory
procedures and additioral data Ofany).
See Append& C for explanation of symbols end
abbreviations.
Abandonment Me9nd:
installed Plemmeter
WATER LEVEL OBSERVATIONS
Boring
lrerracon Drill
753 HiLn 1 West, Una 6
Nwit CI , im Protect
Started: 6/18r2013
Boring Completed: 6/19/4013
water observed during drilling and sampling.
( �
9'
Rig: CME550
g'
Driller. DL
No,: 06136919
Exhibit: AA
BORING LOG NO. B-4 Page 1 of 1
PROJECT: The Piedmonte
Mufti -Family Residence
CLIENT: Jeff Miller Construction
Iowa City, Iowa
SITE: North let Avenue - 600 Block
Iowa City, Iowa
ENGINEER: MMS Consultants, Inc.
Iowa City. IA
0
V,
LOCATION See EAlIblt A-2
Surface Elev.: 716 (Ft.)
H ELEVA t.
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STRENGTH TEST
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5
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1
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LEAN CLAY (CLI
trace sand
brown gray, stiff
6.0 71C
13
(HP)
UC
1.v
15
24
102
44-17-27
88
SANDY LEAN CLAY (CL1
trace gravel and sand seams
grey brown, stiff to very stiff
i L5 704.5
15
2.5
(HP)
UC
1.87
15
20
109
11
1.75
(HP)
UC
1.40
15
16
115
SANDY LEAN CLAY (CL1
trace gravel
gray, very stiff to hard
.5
23
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(HP)
UC
2.38
15
14
108
— 5-9-12
Nr21
4.5
HP
11
18
4-8-12
N=20
4.5
HP
11
Bafng Terminated of 20.5 Feetse5
Stratfimtion lima are approximate. In situ, the transition may be grad, e. ammerType: C .E Autom c Hammer
Advancement Method:
Continuous Flight Hallow Stem Auger
See Exhibit A3 for description of gold
procedures.
Sae Append& B 1or description of laboratory
procedures and additional data (gory).
Sae Appendbr C for explanation of symbols and
abbreviations.
Notes:
Abandonment Method:
Installed Piammeter
WATER LEVEL OBSERVATIONS
Borne
"ICerracar� Dill
7ti3 NI 1 wet1, lint s
gag N. 19Wg Protect
started: StIM013
Boring Completad: 6/19M13
No water observed during drilling and sampling.
1r'4'(fi72y13)
Rig: CMCr550
Driller. DL
No.: 06735618
E�dtbit: A$
BORING LOG NO. B-5 Page 1 of 1
PROJECT: The Piedmonte
Mufti -Family Residence
CLIENT: Jeff Miller Construction
Iowa City, Iowa
SITE: North tst Avenue - 600 Block
Iowa City, Iowa
ENGINEER: MMS Consultants, Inc.
Iowa City.IA
a
OC
2
LOCATION See Exhibit A-2
Surface Elev.: 716 (FtJ
DE ELE Ft.
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ATI ERBERG
LIMITS
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F
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LL-PL71
6" Topsoil With 3" Root Zone 744o
5
1
1
2
LEAN CLAY (CL)
trace sand
brown, medium stiff to very stiff
6 c Toe
11
27¢
2 7,5.
C
2.06
12
19
107
17
iHP)
UC
0*6
T1!24
99
120.5
SANDY LEAN CLAY (CL1 trace gravel and sand seams
brown to gray brown
stiff to very stiff
13.0 702
16
2`�
WW2 :-
2'25
HP
42-14-28
63
/
18
..33a"
"N=8
3.0
HP
17
^�
SANDY LEAN CLAY fCLI�
trace gravel
gray, very stiff to hard
69a.
18
...... 4-7-10
-7-1(HP)14
4.5
13
4311
N=19
3.75
HP
18
Boring Te7ml7fated at 20.5 Feet.. -
l)�1�.��1�
►f
,
Stratl9catior, lines are appradmate. ft situ, the tmnsklon may be gradue. Hemmer ype: CME Automatic Hemmer
Advancement Metlptl:
Continuous Flight Hallow Stem Auger
See Exhibit A3 for deacrlption of field
procedures.
See Appendix B for description of laboratory
procedures and additional data (f any)
See Appendix C for explanation of symbols and
abbreviations.
Notes:
Abandonment Method:
Boring badrfllled with soil cuttings after delayed water
levels ware measured.
WATER LEVEL OBSERVATIONS
Boring
1 �err�con Drill
763 HIyI y 1 WNt, unit 6
le'ee C love Proleet
Started: 611912013
Boring Completed: 6/1912013
No water observed during drilling and sampling.
14' H/25/13
Rig: CMESW
Driller. DL
No.: 06196678
Exhibs: A-0
BORING LOG NO. B-6
Page 1 of 1
PROJECT: The Piedmonte
CLIENT: Jeff Miller Construction
Muld-Family Residence
Iowa C' , Iowa
SITE: North 1st Avenue - 600 Block
ENGINEER: MMS Consultants, Inc.
Iowa City, Iowa
Iowa Cc IA
LOCATION See Exhibit A-2
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STRENGTH TEST
A u11E�RD
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Surface Elev.: 72D(R)
O
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DEPTH ELEVA
LQ
tJ
c.
4" Boot Zone
-
LEAN CLAY (CLI
trace sand
dads brown gray, stiff
1.7¢'
(moo) �
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`1.22
7.4
28
93
•0 716
SANDV
iHP)
LIC
1.44
'15
22
102
LEAN CLAY ICL1
trace gravel and sand seams
5
brown to gray brown
>
medium stiff to very stiff
(HP�
LIC
0.88
5.3
16
116.25
[24
11.0 709
1
(HP)
LIC
1.17
15
18
112
SANDY LEAN CLAY (CI 1
trace gravelgray,
very stiff to hard
(HP)
LIC
8.20
14.4
11
130
20.5 ages
20
5-11-16
N=27
4.5
HP
10
Boning Terminated at 20.5 Feet
Stratification lines are approximate. Inadu, Me mansNon may be gradual. Hammer Type: CM AWometic ammer
Advancement Method:
CoM'nuous FlIght Hollow Stem Auger
See EAhibit A3 for description of field
procedures.
Notes:
See Appendix B for description of laboratory
procedures and additional data (d any}
See Wix ApperC for explanation of symbols and
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BORING LOG NO. B-7
Page 1 of 1
PROJECT: The Piedmonts
CLIENT: Jeff Miller Construction
Multi -Family Residence
Iowa City, Iowa
SITE: North 1st Avenue - 600 Block
ENGINEER: MMS Consultants, Inc.
Iowa City, Iowa
Iowa City. IA
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levels were measured.
WATER LEVEL OBSERVATIONS
Boring
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BORING LOG NO. B-8
Page 1 of 1
PROJECT: The Piedmonte
CLIENT: Jeff Miller Construction
Multi -Family Residence
Iowa City, Iowa
SITE: North tst Avenue - 600 Block
ENGINEER: MMS Consultants, Ina
Iowa City, Iowa
Iowa Ci IA
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WATER LEVEL OBSERVATIONS
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8'dudrng sampling.
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owe C1ty, Iowa P%act
No.:0s189819
Ex Ibt A•12
July 9, 2013
Re: REZ13-00004: Rezoning of land located on First Avenue, North of Rochester
Avenue from Low Density Multi -Family (RM-12) to Planned Development Overlay/Low
Density Multi -Family (OPD/RM-12)
To: Darian Nagle-Gamm, Associate Planner
I am opposed to the rezoning of this small parcel of land located North of Park Plaza
Condos. The excavation for the proposed building may disturb the stability of my own
building and will devastate a green and natural setting that we will never get back. A
responsible use for this lot should benefit the many who call Iowa City their home, their
community.
A copy to be inserted into each Planning and Zoning Commissioner's packet before the
July 18, 2013, meeting. Thank you for your help.
Sincerely,
Judy L. Buddenbaum
Planning and Zoning Commission
Re: REZ13-00004: From Low Density Multi -Family (RM-12) to Planned Development Overlay/Low Density Multi -Family
(OPD/RM-12). First Avenue, north of Rochester Avenue.
For the common good of the Community, this 1.05 acre open space should be used in a way that benefits the many. The
Developer's proposed 16 unit building with impervious surface parfdng, retaining walls and extreme excavation for under ground
garages Is a burden to the lot and the neighborhood. Presently, volunteer native trees on these hills complement Hickory Hill
Park. These trees will be Removed and replaced with bricks, concrete and mortar. Please consider the greater good of a green
open space, such as an addendum to the Park or something smaller that does not encumber the neighborhood.
Thank you.
Jim and Judy Buddenbaum, 557 N 1 st Avenue, jandjbuddenbaum@gmail.com
City of Iowa City
MEMORANDUM
Date: July 18, 2013
To: Planning and Zoning Commission
From: Andrew Bassman, Planning Intern
RE: REZ13-00018 Mormon Trek Boulevard/Dane Road Billion Auto
The applicant, Dealer Properties IC LLC, has requested an amendment to the
recently approved Sensitive Areas Development (SAO) Plan for an approximately
7.13-acre property located at Mormon Trek Boulevard and Dane Road SE.
In March 2013, the Commission approved a request to amend the SAO Plan for the
same property. The applicant had requested the amendment to reduce the overall
size of the wetland buffer area from 4.46 acres to 4.14 acres —still greater than the
3.56-acre minimum buffer area required for the property. The proposal to reduce the
buffer size was approved subject to installation of wetland mitigation improvements
prior to further development of the property, among other conditions.
Such mitigation improvements are needed to address the presence of Reed Canary
Grass, a non-native invasive species, on the subject property. The plan for
mitigation improvements approved in March 2013 involves removing 12" to 18" of
soil from the site and replacing the soil with clean fill dirt. According to a report by
Transition Ecology LLC completed on behalf of the applicant, this approach would
only temporarily remove the invasive species and, due to the steep slopes at the
site, greatly increase soil erosion.
The applicant has submitted an alternative plan, which would require an amendment
to the SAO plan so that extensive soil removal and replacement would not be
required. The alternative plan, drafted by Transition Ecology LLC, includes two
phases —removal of the invasive vegetation by mowing and chemical treatment, and
installation of the seeding mix as prescribed by the Compensatory Mitigation Plan for
the subject property.
The alternative plan would remove the invasive grass without removing the soil and
other desirable vegetation, but would take multiple seasons to implement. The
alternative plan also details the timing and costs of monitoring the restoration
process, another condition of approval for the March 2013 rezoning.
After consultation with the Army Corps of Engineers, and due to the less aggressive
grading and lesser likelihood of soil erosion, Staff believes that the alternative plan is
preferable when compared to the previously approved plan. Because the proposed
July 10, 2013
Page 2
alternative will take a longer time to implement, staff recommends that an escrow
fund be established to help assure that the plan continues to be implemented over
time. With the establishment of an escrow staff would recommend that the other
development activity be allowed to proceed within the subdivision.
Staff recommends approval of REZ13-00018, a request to amend the SAO plan for
approximately 7.13 acres of land located at Mormon Trek Boulevard and Dane Road
SE, subject to the applicant funding an escrow account to ensure completion of the
proposed wetland mitigation improvements. With the commencement of the
mitigation plan and the establishment of an escrow, other development with the
subdivision would be allowed to proceed.
Approved by:
Robert Miklo, Senior Planner
ATTACHMENTS:
1. Letter from Transition Ecology
2. Wetland Seeding and Planting Plan
July 10, 2013
Mr. Bob Miklo
City of Iowa City Planning and Zoning Department
410 East Washington Street
Iowa City, IA 52240
Re: Alternate wetland mitigation restoration plan
Dear Bob;
tVVIt3 C::Hit 3C'0i0q L.L.0
Land Manap@ment5 Restaratlad'
As requested by Mr. Billion, Transition Ecology, LLC has prepared an alternative proposed restoration plan for
the JJR Davis Subdivision Wetland Mitigation site permitted by the US Army Corps of Engineers, Iowa
Department of Natural Resources, and the City of Iowa City (USACE Reference No: CEMVR-OD-P-2003-
1563(454930)). The following plan includes recommendations for combating the existing invasive species;
primarily reed canary grass (Phalaris arundinacea) and installing the correct buffer and wetland seed mixes
described in the Corps approved wetland mitigation plan.
As you may know, mitigation for the development of the JJR Davis subdivision (71.8 acre commercial
development) occurred in two phases. For unavoidable impacts to 3.07 acres of wetland and 1,009 If of
stream bottom the US Army Corps of Engineers required compensatory mitigation. Phase I, included the
creation of 0,67 acre of wetland (off -site) at the Davis Home (S19,T79N, R6W). This mitigation has been
constructed, monitored and 2011 marked the final year of monitoring for this portion of the mitigation.
Phase 2 included the construction of 0.81 acre of wetland, enhancement of 1.43 acre of wetland and the
creation of a 4.46 acre buffer strip; this is the mitigation site associated with lots 6 and 7 of your current
development. As you know, the grading for this Phase of the mitigation was completed, but the native seeding
requirement and 5 years of monitoring has not been completed. Since the seed mixes were not installed, non-
native, invasive species now dominate. Removal of these species is necessary before the prescribed seed
mixes can be planted.
An extension was granted for this project, by the US Army Corps of Engineers, on January 8th, 2009. This
extension (No. 2003-1563) allows for final installation of the native seed mixes described by the 401/404
permit (wetland mitigation plan) until December 31st, 2013.
Proposed Restoration Plan
The proposed restoration plan includes two major phases, removal of the existing vegetation and installation
of the seeding mix prescribed by the wetland mitigation plan.
1. Reduction of Invasive Species
As we have discussed Reed Canary Grass (RCG) is a non-native species that has infiltrated this mitigation site.
RCG is a Eurasian variety introduced to the United States for use as a forage grass; it is an aggressive, cool
season, perennial grass, which reproduces both by seed and a creeping rhizomatous root (underground
rootstock) that out -competes many other plants. Over time and improperly managed, this species dominates
many wetlands, wet meadows, and lake shores. Since it is commonly sold in most agricultural supply stores,
as an erosion control seed for grassy waterways, it will continue to have a presence in the environment.
Existing plants produce seeds which flow along waterways to areas that have been recently disturbed and
become a dominant component of the environment. The dominance of RCG makes it challenging to eradicate.
There is currently an Corps accepted proposal to completely remove 12-18" of soil from the entire site and
then replace with clean fill dirt. While this would temporarily remove much of the existing RCG plants and
seed stock, the site would ultimately be invaded again. Complete removal of this species at the mitigation site
620 Ronalds Street • Iowa City, IA 52245
319,621.1980
transitionecology@gmaii.com
is unlikely, as there are drainage ways (outside the property) that feed into the site that also contain reed
canary grass (Figure 1). Ultimately this species will return. Additionally, besides cost; the constructed basin
has steep slopes; complete removal of the existing soil would greatly increase erosion and destabilize a
mitigation site that is also a storm water detention area.
An alternative scenario for reduction of the reed canary grass would be the use of chemicals, prescribed fire,
and mowing'. However, due to the urban nature of the site and the risk of contaminating nearby automotive
inventory with the odor of smoke, we do not recommend this site for prescribed fire. The next "best" way to
reduce the impact of reed canary grass is with a series of chemical treatments alternating with mowing when
seasonally possible. Mowing will stimulate the reed canary grass to grow (mimicking grazing) and then the
subsequent chemical treatment will help to reduce growth and seed production. Alternating these treatments
throughout the 2013 growing season will encourage the RCG to invest stored energy in growth while
continuously reducing its energy with chemicals.
The proposed work will be weather dependent. Wetter weather may make chemical treatments more
challenging and mowing more difficult. Comparatively, drier weather will provide the best conditions to
access the majority of the site and remove more of the existing vegetation.
Chemical Treatment
A glyphosate herbicide like Roundup'" should be applied 3-5 times throughout the growing season to all areas
heavily populated with RCG. Most invasives are cool season species and will begin to emerge much sooner
than the majority of other species. Glyphosate is a useful chemical as it disrupts the photosynthetic process
necessary for the plant to grow. In the spring, RCG will begin to use the energy stored in its roots for new
shoot and stem growth, this process is halted by the glyphosate chemical. In the upland buffer areas a
common glyphosate like Round-upTM' may be used. In the wetland areas a specially formulated glyphosate that
is considered "wetland safe", like RodeoTM' should be used.
Mowing
Mowing will not only wear out the RCG, but it will also help reduce seed production. When RCG growth is
interrupted by mowing then there is less opportunity to produce seed and propagation is reduced.
Seed Bed Preparation
At the end of the growing season, when water levels in the basin are at their lowest, it will be necessary to disc
or lightly till the soil, where possible. Exposing the soil for the installation of the different seed mixes.
11. Seeding and Planting of Plugs
The seed mixes, as specified in the wetland mitigation plan will all be planted as prescribed in the areas
designated. In addition to the different seed mixes, the site will be supplemented by two different classes of
Plugs.
Emergent Wetland Plugs
One flat of each species shall be planted randomly, throughout the emergent areas; the lowest point of the
shallow basins. If not available, other emergent species should be selected and planted according to
recommended planting instructions. At a minimum five flats should be used.
Soft Stem Bulrush
Blue Flag Iris
Fringed Sedge
Tussock Sedge
Fox Sedge
Scirpus validus
Iris shrevei
Carex crinita
Carexstricta
Carex vulpinoidea
' "Wisconsin Reed Canary Grass Control Practices: Effects and Management Recommendations." Invasive Plants
Association of Wisconsin, Wisconsin Department of Natural Resources, and the US Fish and Wildlife Service, Jan.
2006. Web. May 2013. <hftp://map.co.door.wi.us/swcd/invasive/Publications/Reed%20Canary%20Grass.pdf>.
Button bush
Sweet Flag
Cephelanthus occidentalis
Acorus calamus
Wetland plugs
One flat of each of the following species shall be planted randomly, throughout the wetland areas. If not
available, other wetland species should be selected and planted according to recommended planting
instructions. At a minimum 13 flats should be used.
Grasses
Prairie Cord Grass
Spartina pectinata
Awl -fruited Sedge
Carex stipata
Soft Rush
Juncus effuses
Big Bluestem
Andropogon gerardii
Bottlebrush Sedge
Carex comosa
Wool Grass
Scirpus cyperinus
Forbs
Wild Bergamot
Monarda fistulosa
Marsh Marigold
Caltha palustris
Cream Gentian
Gentiana jlavida
Compass Plant
Silphium laciniatum
Rose Mallow
Hibiscus militaris
Prairie Blazing Star
Liatris pycnostachya
Sawtooth Sunflower
Helianthusgrosseserratus
III. Site Monitoring
Restoration of this site will need to be CLOSELY monitored. Additionally, weather patterns have been
inconsistent and the timing of mowing and spraying will need to be determined based on how the growing
season progresses. In addition to the restoration work, which would be completed by hired contractors, we
propose to monitor the site weekly and maintain contact with contractors to aggressively pursue restoration
of this site throughout 2015.
Proposed Timeline
2013 Growing Season and throughout Summer 2013
The site should be chemically treated as soon as possible to reduce further growth and development of the
RCG. Then within one to two weeks, depending on rainfall events, the site will be mowed. Then in another
two to three weeks it should be chemically treated again, alternating mowing and spraying every two to three
weeks.
Fall 2013
Near the end of the growing season, the site will be disced, remaining vegetation allowed to begin to grow.
Then chemically sprayed and then disced again. Then when weather is appropriate the site will be seeded. In
areas where the reed canary grass is still dominant, a second year of chemical and mowing treatments will be
necessary and will be pursued throughout the 2014 growing season, as required.
2014 Growing Season
In the spring of 2014, areas still dominated by reed canary grass will continue to be sprayed and mowed and
other areas seeded in the Fall of 2013 will be mowed to stimulate development of native plants and reduce
impact of invasive species. If necessary (and where access is possible) particularly challenging areas will be
disced to disrupt root growth and further disturb germination of seed.
In those areas where the seed does not seem to be successful, plugs will be planted to further provide
competition for the reed canary grass.
All areas seeded in 2013 will be mowed 3-4 times throughout the 2014 growing season. This establishment
mowing is necessary to further reduce seed production of annual weeds and to improve the success of the
seeded natives. Additional spot spraying to further reduce the impact of RCG may also be necessary
throughout the 2014 growing season.
2015 Growing Season
Again, the same prescription of mowing, spraying, discing and plug planting will continue, only in those areas
where the reed canary grass continues to dominate.
Costs associated with this work are difficult to estimate until the success of 2013 and 2014 can be determined.
It is likely that costs for 2014 and 2015 will be less assuming that work can begin as soon as possible.
2013 Itemized Description
I. Chemical Treatments and Mowing
1. 3-4 chemical treatments for an approximately 6 acre site
2. 3-4 Mowing treatments for an approximately 6 acre site
II. Seeding and Plug Planting
3. Prepare seedbed
4. Purchase seed and plugs and plant seed and plugs
III. Site Monitoring
S. Monitoring site and interacting with contractors
*ESTIMATED TOTAL YEAR 1
2014 Itemized Description
IV. Chemical Treatments and Mowing
6. 3-4 chemical treatments for an approximately 6 acre site
7. 3-4 Mowing treatments for an approximately 6 acre site
V. Seeding and Plug Planting
8. Prepare seedbed
9. Purchase seed and plugs and plant seed and plugs
VI. Site Monitoring
10. Monitoring site and interacting with contractors
*ESTIMATED TOTAL: YEAR 2
Estimated Cost Range
$ 9,000.00 - $11,500.00
$ 3,700.00 - $ 5,600.00
$ 1,500.00 - $ 2,000.00
$17,000.00 - $20,000.00
$ 3,000.00 - $ 5,000.00
$34,200.00 - $44,100.00 *
Estimated Cost Range
$ 5,000.00 - $ 7,500.00
$ 3,000.00 - $ 5,000.00
$ 1,500.00 - $ 2,000.00
$ 5,000.00 - $ 7,000.00
$ 2,000.00 - $ 4,000.00
$16,500.00 - $25,500.00*
*Please Note that these costs are estimates only based on current average rates for this work Market
price for seed and plugs is subsequent to change. Additionally, these costs do not include erosion
control services which may also become necessary. Estimating costs for a third year is very difficult as
restoration of this site will be dependent on success of the first two years. Success will be dependent
on seasonal limitations, which we of course cannot estimate.
Respectfully submitted,
TRANSITION ECOLOGY, LLC
Original signed by j. Elizabeth Maas
J. Elizabeth Maas, Project Manager
CC:
Mr. Eugene Wassenhove
Department of the Army
Rock Island District, Corps of Engineers
Clock Tower Building
P. 0. Box 2004
Rock Island, IL 61204-2004
Mr. David Billion
3401 West 41st Street
Sioux Falls, SD 57106
Ph: 605.361.1919
David.billion@billionauto.com
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CITY OF IOWA CITY
E ICI O RA N U- U M
Date: July 18, 2013
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Ad hoc committee on commercial zoning
Last fall a committee of private citizens was appointed by the City Manager to work with City
staff to examine the zoning regulations in several of the City's commercial zoning districts due to
concerns expressed by the business community. The members of the ad hoc committee were:
• Casey Cook, Cook Appraisal Services
• Jeff Edberg, Lepic-Kroeger Realtors
• Ann Freerks, Chairperson, Iowa City Planning and Zoning Commission
• Glenn Siders, Southgate Development Services
• Peggy Slaughter, Midwest America Commercial Realty
• Joe Younker, Bradley and Riley Law Office
The task given to the ad hoc committee was to discuss issues and identify potential solutions
regarding Iowa City's commercial zoning designations. In particular, concerns were expressed
that the distinctions established in the zoning code between the Community Commercial (CC-2)
Zone and the Intensive Commercial (CI-1) Zone have created confusion and resulted in
requests to rezone properties back and forth between these two designations. City staff and the
Planning and Zoning Commission have also expressed some frustration with repeated requests
to rezone the same property from one commercial zoning district to another, particularly along
Highway 1, west of Riverside Drive. These requests have been partly due to the changes in the
character of the highway corridor over the last 30 years, where properties that were once
appropriately zoned CI-1, may now be more appropriate for the CC-2 zoning classification.
The committee was also asked to identify if there were any issues with the other non -central
business district commercial zones including Commercial Office (CO-1), Highway Commercial
(CH-1), and Neighborhood Commercial (CN-1).
The ad hoc committee met three times during the fall of 2012. Information was provided by City
staff inventorying where the CC-2, CIA, CO-1, and CH-1 zones are currently located in Iowa
City, a description of the purpose of each of these zones as stated in the zoning code, and a
comparison of land uses allowed in the CIA zone and the CC-2 zone. It was an interesting
discussion as committee members expressed their points of view in terms of the purpose of and
variety of commercial uses allowed in each of these commercial zones. The discussion focused
primarily on the similarities and the differences in the land uses allowed in each of these zones
and whether or not it was beneficial to maintain these distinctions or whether changes should be
made. Based on this discussion, the committee came to the following general conclusions:
• The committee agreed that one of the main issues is that property that has prime retail
frontage on a high -traffic arterial street should probably be zoned CC-2 rather than CI-1
and that a number of properties, particularly along Highway 1 West should be rezoned to
CC-2;
Page 2
• Conversely, property that does not have suitable visibility, access and traffic count is
probably more suited to back office functions, uses that have outdoor storage needs,
and quasi -industrial functions and, therefore, should be zoned CI-1;
A majority agreed that opening up the possibility of additional uses in the CI-1 Zone,
such as restaurants, medical offices, and a wider variety of retail would not have a
significant negative effect on CI-1 zoned properties and that it would be better to allow
buyers to more freely choose a location for their business based on their own needs and
assessment of the merits of any specific property;
The committee acknowledged, however, that allowing this broader range of uses in the
CI-1 Zone would put the onus on the buyer of a property and their real estate agent to
conduct their due diligence and consider the possibility that another business might
locate next door that has outdoor work areas, outdoor storage, or other aspects that may
result in noise, dust, odors, or areas that are not as aesthetically pleasing due to the
quasi -industrial intent of the CI-1 zone.
The ad hoc committee wrapped up its deliberations in November. The committee decided the
primary focus should be on the CC-2 and CIA zones. There were not significant issues
identified with the CO-1 and CH-1 zones. There was one member of the ad hoc committee who
felt the Neighborhood Commercial Zone also deserved some consideration of possible
refinements, but the committee agreed that this would best be left for another discussion. The
summary of recommendations noted below includes possible legislative changes for broadening
the land uses allowed in the Intensive Commercial Zone. Not every recommendation listed
below received unanimous support from the committee, but all that are listed were supported by
a majority.
You will note recommendation #3 would not involve a change to the zoning code, but is a
suggestion that the committee thought was worth pursuing. Over the next one-year period, City
staff will examine commercially zoned properties along Highway 1 West and surrounding the
Highway 1/Highway 218 interchange and evaluate whether properties are appropriately zoned
based on the stated purposes in the Zoning Code and the characteristics noted above. If a
parcel is determined to be inappropriately zoned, the City will send a letter offering the property
owner a City -initiated (no fee) rezoning to the appropriate commercial zoning classification.
Commercial Zoning Committee — Summary of Recommendations
1) Uses allowed in the Community Commercial (CC-2) Zone should not be expanded to allow
the following CIA uses:
• Adult businesses
• Intensive animal related uses (dog kennels, stables)
• Industrial service uses (welding shops, contractor yards, truck repair, oil distributors,
carpet cleaning, etc.)
• Concrete batch mix plants
• Self -storage units
• Warehouse & freight storage
• Detention facilities
2) Uses allowed in the CI-1 zone should be expanded to allow the following CC-2 uses with the
same standards and provisions called out in the CC-2 zone:
• Restaurants and bars
Medical and dental offices
Personal services (banks, salons, dry cleaners, laundries, and similar)
Page 3
Hotels and motels
Religious & private group assembly
• All sales -oriented retail (currently limited to certain uses)
3) The City has criteria which are used for evaluating the appropriateness of CC-2 and CIA
zoning. Over the next 1 year period the City will examine CC-2 and CIA zoned parcels
along Highway 1 West and the surrounding Highway 1/ Highway 218 interchange. If a
parcel is determined to be inappropriately zoned based on the evaluation criteria, the City
will send a letter offering the property owner a City -initiated (no fee) rezoning to the
appropriate zoning classification
At this time, the Planning and Zoning Commission is asked to consider amending the zoning
code to implement the recommendations in bullet point #2 expanding the allowed uses in the
CI-1 Zone and allowing these newly proposed uses under the same conditions as apply in the
CC-2 Zone. These recommendations have been further refined into specific zoning code
language, which is attached for your consideration.
Approved by:
Jeff Davidsc
Department of Planning and Community Development
cc: Casey Cook, Cook Appraisal Services
Jeff Edberg, Lepic-Kroeger Realtors
Glenn Siders, Southgate Development Services
Peggy Slaughter, Midwest America Commercial Realty
Joe Younker, Bradley and Riley Law Office
1. Amend Table 2C-1, Principal Uses Allowed in the Commercial Zones to indicate the
following:
• Designate Eating Establishments as "Permitted Uses" in the CI-1 Zone;
• Designate Drinking Establishments as "Provisional Uses" in the CI-1 Zone;
• Designate Medical/Dental Offices as "Permitted Uses" in the CI-1 Zone;
• Designate Personal Service -Oriented Retail Uses as "Permitted Uses" in the CI-1 Zone;
• Designate Hospitality -Oriented Retail Uses as "Permitted Uses" in the CI-1 Zone;
• Designate Sales -Oriented Retail Uses as "Permitted Uses" in the CI-1 Zone;
• Designate Religious & Private Group Assembly Uses as "Permitted Uses" in the CIA
Zone;
2. Amend paragraph 14-4B-48-11, as follows.
11. Drinking Establishments in the CH-11, CI-1, CC-2, CB-2, CB-5, CB-10 Zones
A Drinking Establishment, as defined in this Title, must be separated by a minimum
distance of 500 feet from any other Drinking Establishment. Distance shall be
measured along a straight line from the nearest property line (or nearest point of the
leased building space) of the proposed use to the nearest property line (or nearest
point of the leased building space) of any other Drinking Establishment. For example,
in the case of a Drinking Establishment that is located on a lot with multiple leased
building spaces, such as a shopping mall, the distance is measured from the nearest
point of the leased building space occupied by a Drinking Establishment to the
nearest property line or leased building space of any other Drinking Establishment.
Please none. If the City Council amends the Drinking establishment spacing rule so that
It only applies in the University Impact Area and the Riverfront Crossings District, then the
CI-1 Zone reference would be added to the paragraph as written below:
11. Drinking Establishments in the CH-1, CI-1, CC-2, CB-2, CB-5, CB-10 Zones
Within the University Impact Area, as illustrated on Map 213.1 within Section 14-26-6
or the Riverfront Crossings District, as illustrated in Figure 2C.8 within Section 14-
2C-11 a Drinking Establishment, as defined in this Title, must be separated by a
minimum distance of 500 feet from any other Drinking Establishment. Distance shall
be measured along a straight line from the nearest property line (or nearest point of
the leased building space) of the proposed use to the nearest property line (or
nearest point of the leased building space) of any other Drinking Establishment. For
example, in the case of a Drinking Establishment that is located on a lot with multiple
leased building spaces, such as a shopping mall, the distance is measured from the
nearest point of the leased building space occupied by a Drinking Establishment to
the nearest property line or leased building space of any other Drinking
Establishment.
3. Delete paragraph 14-4B-48-18 (Sales Oriented Retail in the CI-1 Zone).
4. Amend Table 4C-1 within subsection 14-4C-2K, as follows:
Table 4C-1: Delve -Through FacU ties
Zone
Drive -through fecilf les allowed
Additional requirements
ID Zones
None permitted
Not applicable
Reeldenft Zones
None Permitted
Not applicable
CO-1 Zone
Limited tc facilities that are accessory to financial
Special exception required. See additional
institutions
approval criteria listed below.
CHd, CI-1 Zones
permitted
Drive through lanes must be set back at
least 10 feet from property lines and must
be screened from view of any abutting
Residential Zone to the S3 standard (See
Article 14-5F, Screening and Buffering
Standards).
CN-1 Zone
Limited to facilities that are accessory to financial
Special exception required. See additional
institutions and pharmacies,
approval criteria listed below.
Maximum of 2lanes allowed for a financial
institution;
Maximum of 1 lane allowed for a pharmacy
CF1. CC-2 and CB-2
Permitted by special exception
Special exception required. See additional
Zones
approval criteria listed below.
CB-S, al Zones
None permitted I
Not applicable
r
CITY OF IOWA CITY
MEMORANDUM
Date: July 11, 2013
To: Planning and Zoning Commission
From: Sarah Walz, Associate Planner
Re: Vehicle access standards for daycare centers, churches, and general educational
uses located in residential zones
The zoning code has long allowed daycare centers, private schools, and churches to be located in
residential zones by special exception. Special exceptions are reviewed by the Board of Adjustment
on a case -by -case basis to decide whether a specific use is appropriate at a particular location. To
aid in the evaluation of these applications, the zoning code provides a list of specific and general
approval criteria that must be satisfied in order for a special exception to be granted.
A recent inquiry about whether a daycare could locate in a former church building brought a
potential problem with the special exception approval criteria for various institutional uses to the
attention of staff. One of the specific approval criteria for daycares, religious/private group assembly
uses, and general educational facilities requires that vehicular access be provided from "an arterial
street, collector street, or a street with pavement width wider than 28 feet." With regard to the
inquiry about the daycare center, the street width standard in the zoning code precludes the Board
of Adjustment from even considering an application for a daycare center on the subject property
because the access point for the former church is located along a local street that is less than 28
feet wide. Since almost all local streets are 28 feet or narrower, this standard prevents daycares
from locating in many neighborhood locations even if the local street network can easily
accommodate the traffic generated by the proposed use.
While there are locations where specific institutional uses would not be appropriate, both the
specific and general special exception approval criteria in the zoning code provide the Board of
Adjustment wide latitude to consider any concerns regarding traffic generation and circulation and
any potential negative impacts that a proposed use might have at a particular location. The special
exception criteria for daycare centers, churches, and general education facilities direct the Board of
Adjustment to pay careful attention to accessibility for pedestrians, vehicle circulation, loading and
unloading, and parking for the proposed use. In addition, the general criteria for all special
exceptions consider the implications for public safety and welfare, the provision of appropriate
access roads and pedestrian facilities, and impacts on surrounding properties with regard to
property value, development potential, and neighborhood character and privacy. It is worth noting
that many long-established churches, schools, and daycare centers are located along streets that
do not meet the current street width standard, yet are functioning well and are considered assets in
their respective neighborhoods. Given that the other approval criteria noted above ensure that any
traffic congestion or safety concerns will be considered by the Board of Adjustment, staff finds that
maintaining a rigid standard for specific street width is unnecessary and may be creating an undue
burden on neighborhood -serving institutions.
Therefore, staff recommends deleting the specific street width requirement for daycare, general
educational facilities and for religious/private group assembly uses. Specific changes to the zoning
code are indicated on he follow' g pages. Strike rough notation indicates language to be deleted.
1. '> .,
Approved by: 0,41
Karen Howard, Acting Senior Planner
Department of Planning and Community Development
Amend paragraph 14-4B-4D-6, Daycare Uses, by deleting subparagraph c:
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Amend paragraph 14-48-4D-8, General Educational Facilities in the RR-1, RM-12, RM-20, RNS-
20, RM-44, PRM, MU, and CO-1 Zones, by deleting subparagraph a:
Amend paragraph 14-4B-4D-9, General Educational Facilities in the RS-5, RS-8, RS-12, and
RNS-12 Zones, by deleting subparagraph a:
1.0-64 u 0nii�8�'ili
Amend paragraph 14-4B-4D-14, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1,
RM-12, RM-20, RNS-20, RM-44, PRM, MU and CO-1 Zones, by deleting subparagraph a:
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Amend paragraph 14-4B-4D-15, Religious/Private Group Assembly in the ID-rS, RS-5, RS-8,
RS-12, and RNS-12 Zones, by deleting subparagraph a:
104
PLANNING AND ZONING COMMISSION PRELIMINARY
JUNE 20, — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard,
Jodie Theobald, John Thomas
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Bob Miklo, Sarah Greenwood Hektoen
OTHERS PRESENT: Jeff Edberg, Brian Hartley, Peter Yohe
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 6-0 to recommend approval of REZ13-00016, an
application submitted by Larry Bell for a rezoning from Community Commercial
(CC-2) to Mixed Use (MU) for 1.12-acres of land located on Eastbury Drive north of
Middlebury Road and to defer the applicant's request to rezone the portion of this
parcel currently zoned Commercial Office (CO-1) to Mixed Use (MU) indefinitely.
2. The Commission vote 6-0 to recommend approval of an amendment to Title 14:
Zoning Code to allow the Board of Adjustment to grant a special exception for a
non -conforming use or other unpermitted use that has been in existence for over
25 years that has been destroyed to more than 75% percent of its value, to be
rebuilt.
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 Items:
REZ13-00014: Discussion of an application submitted by Jeff Miller Construction for F,
rezoning of 1.05-acres of land located on First Avenue, north of Rochester Avenue from
Low Density Multi -Family (RM-12) zone to Planned Development Overlay/Low Density
Multi -Family (OPD/RM-12) zone.
Freerks said the Commission was asked to defer this item until the July 18`" meeting.
Planning and Zoning Commission
June 20, 2013 - Formal
Page 2 of 8
Freerks opened public hearing.
Freerks closed public hearing.
Eastham moved to defer REZ13-00014 to the July 18th meeting of the Planning and
Zoning Commission.
Swygard seconded.
A vote was taken and the motion carried 6-0.
REZ13-00016: Discussion of an application submitted by Larry Bell for a rezoning from
Community Commercial (CC-2) and Commercial Office (CO-1) zones to Mixed Use (MU)
for 1.17-acres of land located on Eastbury Drive north of Middlebury Road.
Miklo showed where the property is on the location map. He showed a photograph showing
existing development in the area. He said there are vacant tracts that are slated for commercial
development that would line the streets, creating a main street or town square commercial
pattern. He explained that the rezoning initially included two tracts, Lots 46 and 47 of Olde
Towne Village and a portion of the adjacent property, which is zoned Commercial Office (CO-1).
He said a portion of the adjacent nursing home development spills over onto the subject
property, and there is some thought there can be a trade of some land. He said because the two
property owners have not reached agreement the request is to defer this part of the application.
Miklo said the site plan shows the intention to build two buildings, one with eight units and one
with ten units. He said there would be parking behind the buildings and additional on street
parking and two sets of garages. He said the garages would have to be made smaller if
agreement is not reached between the two property owners mentioned above.
Miklo said the current zoning would allow this property to develop with commercial on the
ground floor and apartments on the second floor by special exception. He said the proposed
zoning would allow the same thing, but would also allow the ground floor to be used for
residential purposes, which is not allowed in the Community Commercial (CC-2) zone. He
showed some illustrations of the proposed buildings and photographs of neighboring buildings.
Miklo said in examining the Comprehensive Plan for this area, it does show a mixed use
shopping center that was subject to a Conditional Zoning Agreement when this property was
annexed into the city and that had a concept plan showing the layout that he had described
earlier. Miklo said staff feels that the change from Community Commercial (CC-2) to Mixed
Used (MU) is compatible with the Comprehensive Plan for this area and with the original
development pattern that was subject to the original Conditional Zoning Agreement. He said
staff also feels that it's compatible with the neighborhood in that it provides a good transition
from the nursing home to the commercial development and also is compatible with the single
family to the south.
Miklo said the private commercial streets within the development would provide access to on -
street parking as well as to the parking in the back. He said if these were ever used for
commercial uses on the ground floor, staff anticipates that the residential users would park
behind the buildings. He said staff is recommending approval of the plan subject to a
Planning and Zoning Commission
June 20, 2013 - Formal
Page 3 of 8
Conditional Zoning Agreement requiring general conformance with the submitted plan.
Freerks asked how lighting and signage would be dealt with. Miklo said the standards are a bit
stricter in the MU zone so there may be less signage as a result. He said because the existing
commercial zone is already within three -hundred feet of an existing residential zone, it already
has the lower lighting standard.
Eastham asked if the uses in CC-2 and MU are similar or identical. Miklo said they are similar.
He said the MU zone is more restrictive in terms of intensity and has some size limits in terms of
retail. He said it does allow offices, personal services, retail and restaurants with size
restrictions. He said in the CC-2 zone there are no restrictions in terms of size of the retail, so
you could have a more intense retail use with the current zoning. Eastham asked if both zones
allowed street side parking for the commercial uses. Miklo said street side parking would be
allowed in either zone.
Thomas asked given the intensity of use, what would be the parking requirement. Miklo said the
parking requirement for residential is the same in either zone. It is based on number of
bedrooms. He said this plan exceeds the parking requirement and for the commercial it's the
same, based on the square footage of the use. Thomas said there seems to be quite a bit of
parking so his concern is if there is residential on the ground floor then the amount of parking
and the way it's oriented with respect to the development would have an impact on that
residential. Miklo said the street parking is intended to serve the overall development He said
the applicant might want to consider land banking, landscaping some of that parking, but in the
event that there's a commercial use, or a demand for it, it could then be paved.
Freerks opened public hearing.
Jeff Edberg of Lepic Kroeger said there has been lackluster development at Olde Towne Village
due to the recession. He said this proposed plan would be a positive move for the development
and would also provide a buffer between the care center and the development. He explained
that on the plans, the first floor is built to commercial specifications but the units themselves look
residential and consistent with the neighborhood. He explained that this would be only the
second place in the city where someone could have their business in their home.
Martin asked if these will have basements or storage if they are commercial spaces. Edberg
said they won't. He thought most of the interest would come from service type business owners
who wouldn't have a lot of stock.
Thomas said he isn't seeing the live/work concept represented in the drawings. He said in the
plans he sees bedrooms upstairs and common areas downstairs. Edberg said these will be built
as residential, but they are large, so they could be modified. He said there would be ADA
accessible bathrooms on the first floor. He said there are two different plans, one with the
kitchen in front and the other with it in back. He said with either one, you would have to
incorporate the business idea into your home space.
Thomas asked Miklo if this concept is something we have in Iowa City. Miklo said there's no
new construction where it's in place. Thomas said there was mixed use where the Red Avocado
was and that was a clear distinction. He said he questions how the work aspect would work in
this case given the floor plans. He asked Miklo if he sees an issue here. Miklo said as he sees
it, these are primarily designed as residential and he doesn't see them as being heavily used for
retail. Thomas said he has trouble figuring out how they could realistically be used as
commercial.
Planning and Zoning Commission
June 20, 2013 - Formal
Page 4 of 8
Edberg said it would be a hybrid and something Iowa City doesn't have a good example of
except as home occupations.
Freerks said if the kitchen were upstairs it would seem more like the old model of work/live
Edberg said it's rare to find a place where there are businesses on the first floor and living units
above them where the access is common. He says what people want is to just walk upstairs to
go home.
Martin said The Mansion is an example of a building where the business was on the main floor
and living quarters were on the two floors above, and the kitchen was, and still is on the main
floor.
Freerks asked if Edberg is planning to sell these in advance. Edberg said the entire building had
been sold in advance to an investment group. Freerks asked if someone could purchase these
beforehand and not have the amenities the way they are planned. Edberg said if someone had
a compatible use, they could figure out how to do it. He said this is a chance to jumpstart Olde
Towne Village and get it going.
Thomas said he thought this plan would help frame the east edge and help define it as
commercial.
Freerks closed public hearing.
Miklo said in terms of the parking issue, he did a count and if the trade doesn't go through
between the nursing home and the adjacent property owner there will be thirty-six or thirty-
seven spaces, which is what's required for the residential, so there's not much room to add
green space unless this swap is successful.
Eastham moved to recommend approval of REZ13-00016, an application submitted by
Larry Bell for a rezoning from Community Commercial (CC-2) to Mixed Use (MU) for 1.12-
acres of land located on Eastbury Drive north of Middlebury Road and to defer the
applicant's request to rezone the portion of this parcel currently zoned Commercial
Office (CO-1) to Mixed Use (MU) indefinitely.
Martin seconded.
Thomas said he supports this as a residential project but he feels that the site plan has more of
a commercial feel to it, which somewhat detracts from its appeal as a residential development.
He pointed out that there is right-angled parking along Eastbury Drive, which means that the
cars and their headlights will be heading into the residences and will also be covering two feet of
the sidewalk with the front of the automobile. He said if the parking were parallel on the west
side of the street that would make it more pedestrian friendly and provide a continuous frontage
for street trees. He said all of the aforementioned factors would have even more of an effect
because the fronts of the residences are at grade. He also said that as a resident, he would not
want public access between the buildings.
Freerks said she saw what Thomas referred to as public access as a common area with
perhaps benches and a fountain as people might be waiting for an appointment. Thomas said
that is true if there is commercial activity, but he's inclined to think this will be primarily
Planning and Zoning Commission
June 20, 2013 - Formal
Page 5 of 8
residential. Freerks said she understands the points Thomas has made, but sees this idea as a
nice possibility. She said this is something they have wanted to see tried in the community, and
she's willing to give someone the chance to attempt to make it happen. She says she thinks
these spaces could be used for businesses. She says she believes this could be a catalyst for
growth, and she sees that as needing to happen out in that direction.
Martin said she thinks the market will dictate how these are going to be used, but that the
possibility to have live/work space is good option.
Thomas reiterated that the primary use will be residential and with that in mind, how will the site
plan benefit that use.
Miklo clarified that there is no walkway between the buildings. He said there are twenty-five
angled parking spaces, and you could probably get twelve or thirteen if they were changed to
parallel. He said the project would still exceed its parking requirement for what's on the site.
Greenwood Hektoen said if they changed those parking spaces to parallel, they would still be
general compliance with the concept plan, which is one of the conditions in staffs
recommendation.
Thomas said he's been out to that area, and he's not feeling that the purported village -
pedestrian orientation is happening. He said he feels that all the buildings are destination retail
commercial, and he feels that Iowa City needs better neighborhood commercial. He said he
thinks the term pedestrian -oriented needs to be better defined.
Eastham said based on personal experience, he believes there may be a wider range of
commercial uses for these units than previously listed, most notably alternative health care. He
said he thinks the change in the parking is a good idea. He said raising the units from grade
level makes their accessibility more difficult.
Thomas said his idea was that if you wanted a flush entry, which has an advantage if you're
serving a public use, it would be mitigated by moving the sidewalk and the parking further away,
so the setback would provide compensation for the fact that the units are at grade.
There was discussion amongst the Commission whether or not they wanted to make a change
to parallel parking a condition of their approval. Swygard voiced her reservations about having
headlights directed toward the units at night with angled parking if it is strictly residential. She
said she also thinks that residents may well park in front rather than going around to the back.
The Commission ultimately decided not to make this a condition but hoped that their comments
would be heard by the property owner and changes will be made.
Freerks said she thinks this complies with the Comprehensive Plan and can be successful and
would like to see more mixed use live/work in the community.
A vote was taken and the motion carried 6-0.
Code Amendment Item:
Discussion of an application submitted by Mike Hartley for an amendment to Title 14
Zoning Code to allow a non -conforming use that has been destroyed to more than 75%
percent of its value to be rebuilt.
Planning and Zoning Commission
June 20, 2013 - Formal
Page 6 of 8
Miklo explained that the applicant had a business in a Medium Density Single Family (RS-8)
zone that was originally built as a hatchery and then converted to a dental lab. He said the
property was destroyed by fire and it was later determined that less than twenty-five percent of
the value of the structure remained, so it was not able to reconstruct as a nonconforming use.
He said there is a provision in the Code that does allow some change in non -conformities to
acknowledge businesses that fit into the neighborhood. He said this amendment would expand
upon that provision to allow non -conforming uses that were destroyed to more than seventy-five
percent of their value to seek a special exception from the Board of Adjustment to be rebuilt. He
said that it was actually not clear whether all the required permits had been obtained in the past
to make the dental lab a legal non -conforming use. Miklo explained the revised amendment that
was sent to the Commission after learning this.
Eastham asked Miklo to explain why the recommendation to allow unpermitted uses to continue
requires those uses to have existed for over twenty-five years. Miklo said they want to make
sure the business has a long track record and someone doesn't establish an illegal use and
then get it validated by this action.
Freerks opened public hearing.
Brian Hartley, son of the applicant, read a statement trom his Lather saying they intended to
comply with any historic preservation requirements necessary and that the finished building will
have the look of a single family home. He read a letter from Chris and Kathleen Peterson who
live across the street from the subject site in which they stated their support for amending the
Code as the first step in rebuilding. He said they have received a lot of other support from the
community. He said rebuilding at this site is really the only option for them.
Martin asked if the building the applicant wants to recreate would be just one residence. Hartley
said it would.
Peter Yohe of 907 Rundell Street said he feels positive about the Hartleys moving back to the
neighborhood.
Freerks closed public hearing.
Thomas moved to recommend approval of an amendment to Title 14: Zonino Code as
indicated in the staff memos.
Eastham seconded.
Eastham asked if the structure can be rebuilt as a residence. Miklo said staffs discussions have
been that it will be designed so it can easily be converted to a residence in the future.
Freerks said after consideration, she has decided that this amendment is the right thing for the
community, as it creates an opportunity for flexibility when it's warranted. She said she sees this
assisting the applicant as well as others in similar situations.
Martin said she's very much in favor of this, because the subject property is part of her
neighborhood.
Planning and Zoning Commission
June 20, 2013 - Formal
Page 7 of 8
Eastham said this seems to be the best way of handling this individual circumstance as well as
similar ones.
A vote was taken and the motion carried 6-0.
Consideration of Meeting Minutes: June 6. 2013
Eastham moved to approve the minutes of June 6, 2013.
Martin seconded.
A vote was taken and the motion carried 6-0.
OTHER
ADJOURNMENT:
Swygard moved to adjourn.
Eastham seconded.
The meeting was adjourned on a 6-0 vote.
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