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HomeMy WebLinkAbout08-04-2016 Planning and Zoning CommissionN Iowa City Planning & Zoning Commission Formal Meeting ` Thursday, August 4, 2016 7:00 PM Emma Harvat Hall - City Hall i yin w r-� s r�RM RM »s..4 20 ( �. 12 P fYl CCU r P/Clr j r Department of Neighborhood �} ands—..R�°°'�� Development Services CITY OF JOt4IA CITY UNESCO CITY OP LITERATURE PLANNING AND ZONING COMMISSION Thursday, August 4, 2016 - 7:00 PM Formal Meeting Emma Harvat Hall Iowa City City Hall 410 E. Washington Street AGENDA: A. Call to Order B. Roll Call C. Public Discussion of Any Item Not on the Agenda D. Code Amendment Item Discussion of amendments to Title 14, Zoning Code, to establish standards for a new form - based code district, the Eastside Mixed Use District, to clarify and refine the language of certain provisions of the Riverfront Crossings form -based code, to adjust parking requirements and apartment mix standards to encourage student housing in areas abutting the University campus and to encourage housing for a broader mix of populations throughout Riverfront Crossings and the Eastside Mixed Use Districts; and to ensure that zoning requirements for exterior lighting are applied in the Riverfront Crossings and Eastside Mixed Use Districts. E. Rezoning Item Discussion of an application submitted by the City of Iowa City for a rezoning of multiple properties encompassing portions of the 500 blocks of Iowa Avenue, College Street, Washington Street and Burlington Street from Central Business Support (CB-5), Central Business Service (CB-2) and Neighborhood Stabilization Residential (RNS-20) to Eastside Mixed Use (EMU) (REZ16-00006). F. County Conditional Use Discussion of an application submitted to Johnson County from Mickey and Sarah McGrew (General Tree Service) for a Conditional Use Permit to allow a tree trimming and removal business located at 4522 Taft Avenue SE in Area B of the Iowa City/Johnson County Fringe Area. (CU16-00003) G. Consideration of Meeting Minutes: July 21, 2016 H. Planning & Zoning Information I. Adjournment Upcoming Planning & Zoning Commission Meetings Formal: August 18 / September 1 / September 15 Informal: Scheduled as needed. r ���.®a, CITY OF IOWA CITY '-`'�Yst � MEMORANDUM Date: August 4, 2016 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Follow-up to discussion of new Eastside Mixed Use Zone At your July 21 meeting during discussion of the proposed Eastside Mixed Use (EMU) Zone and associated form -based zoning language, there were questions about the size and hours of operation of commercial uses that would be allowed. In the current draft, new commercial and mixed -use buildings would not be allowed in the EMU District except along Van Buren Street, which is where most of the commercial buildings are currently located. However, commercial uses would be allowed within other allowed building types. For instance, small businesses like Fired Up Iowa City, which is located in an old house, would be allowed. During public discussion, concerns were expressed about noise, bright lights, and commercial activity that may detract from the residential living environment in the neighborhood, even from small businesses. The restaurant on Washington Street, which is open on some days until 4 AM, was cited as an example of commercial activity that has been a problem for nearby residents. It was suggested that in order to ensure that the area maintains an environment supportive of residential living, commercial uses should have limited hours of operation and that appropriate exterior lighting standards be established. The Commission requested staff to explore solutions that would continue to allow opportunities for small businesses, but in a manner that does not compromise the livability of the neighborhood. Secondly, staff noted a minor discrepancy between the language in the Riverfront Crossings Code and the graphic that illustrates the side and rear setback standards for surface parking areas in several of the subdistricts. Staff recommends correcting the language to be consistent with the graphic, since the graphic is consistent with the intent of the parking location standards. Discussion of Solutions: Since it is a goal of the Central District Plan to develop zoning code amendments to ensure that any redevelopment in the EMU District provides an appropriate transition from the intensity of activity in downtown Iowa City to the lower intensity expected in a residential neighborhood, staff agrees that reasonable standards should be established for commercial uses that tend to draw a lot of customers, such as restaurants, retail, and personal service uses. Staff looked at several other form -based codes and found examples of form - based districts similar to the EMU District where such limitations have been established. Staff recommends that Commercial Recreational Uses, Eating Establishments, Sales -Oriented Retail, and Personal Service -oriented Retail uses not be open to the public between 11:00 pm and 6:00 am. For less intensive commercial uses, such as offices, that are generally not open to the public or do not generate a lot of vehicle or pedestrian traffic, staff finds that additional regulation beyond the general form -based standards of the zone are not warranted. Page 2 With regard to lighting standards, the original draft recommends that the EMU District be included in the Medium Illumination District, E2, similar to other medium to high density multi- family zones and lower intensity commercial zones. The allowances in this lighting district are appropriate to provide for safety and security, while preventing over -lighting that may disturb adjacent residents. Since lots are quite small in the EMU District and the amount of light allowed is based on the lot area not covered by buildings, the exterior lighting will be quite limited. In some cases, the standards have only allowed what is necessary according to the Building Code for security purposes at building entrances. The specific issue mentioned at your last meeting involves an older fixture that would not be allowed today that is located in the public alley right- of-way and is owned by Mid -American Energy. As Mid -American has been replacing over time their older fixtures, staff will contact Mid -American to see if they will put it on their schedule for replacement to a newer, downcast fixture. Recommendation: To address the aforementioned issues, staff recommends the following changes to the form -based code: In Section 14-2G-3B-2, amend paragraph f. to disallow Animal -Related Commercial Uses and add a new paragraph g. as follows: f. Animal -related Commercial, Repair -oriented Retail and Alcohol Sales -oriented Retail uses are not allowed in the Eastside Mixed Use District. g. In the Eastside Mixed Use District Commercial Recreational Uses Eating Establishments Sales -Oriented Retail. and Personal Service -oriented Retail uses shall not be open to the Public between the hours of 11:00 PM and 6 00 AM except if located in a storefront with frontage on Van Buren Street or Burlington Street. In addition, staff recommends the following change to the setback standards for surface parking, loading, and service areas in Sections 14-2G-3A-4b(3a) & 14-2G-3B-4b(3a) correcting the language in the code to be consistent with the Parking and Service Placement Diagrams in the form -based code: (3) Side (G) and Rear (H) Setbacks and Screening (a) Surface Parking, Loading, and Service Area: FV Must comply with the same side and rear setback requirements as principal buildings. Setback area shall be landscaped to the S2 Standard. Approved by: / John Yapp, Development Services Coordinator Department of Neighborhood and Development Services 71, CITY OF IOWA CITY MEMORANDUM Date: August 4, 2016 To: Planning and Zoning Commission From: Bob Miklo Re: Conditional Use Permit General Tree Service General Tree Service has submitted an application to the Johnson County Board of Adjustment for a Conditional Use Permit to allow operation of a tree service as a home business at 4522 Taft Ave SE. The property is located on the east side of Taft Ave SE approximately 2,500 feet south of its intersection with Highway 6 in Scott Township, outside of the City's growth boundary but within Fringe Area B of the Fringe Area Policy Agreement. The Johnson County Ordinance requires that cities be allowed to review Conditional Use Permits within their extraterritorial jurisdiction. Conditional Use Permits in Johnson County require a 4/5 majority vote of the Board of Adjustment to approve if the use is opposed by a vote of the City Council. The current zoning of the site is Agricultural (A). Properties to the west, south and east are also zoned agricultural. The property to the west recently was granted an extension of a conditional use permit to allow a trucking business as a home occupation. The properties to the south and east are farmed. The property to the north is zoned Highway Commercial (CH) and is developed with a manufactured home park. The applicant wishes to construct a home and a building in which they plan to store trucks and other equipment used in their business. The hours of operation would generally be between dawn and dusk. One or two non -family employees would work from this site and would pick up trucks and other equipment for transport to a job site. No business, other than storage, would be conducted at this location. As noted above, the proposed site is outside of the Iowa City growth boundary and is therefore unlikely to have negative impacts on existing or planned development within Iowa City in the near future. However, the future land use of the area is uncertain and as the city expands into growth areas it is important to ensure compatible land uses. If the County chooses to approve the Conditional Use Permit, staff recommends that it be limited for a term of 15years. At the end of the 15year term the status of city growth within the area could be reassessed. If it is determined that the city is not growing in that direction the County could then consider reapproving a Conditional Use Permit, however if growth patterns indicate that the tree service business has become incompatible with development in the area, the County could choose to not extend the permit. Staff Recommendation Staff recommends that the City forward a letter to the Johnson County Board of Adjustment recommending that if a Conditional Use Permit is granted to allow a tree service business at 4522 Taft Avenue, it be limited to a period of 15years with the possibility of future renewals. Approved by: Department of Neighborhood and Development Services Attachments: 1. Location Map 2. Application letter SKOII��O N REALTY Johnson County Board of Adjustment 913 S Dubuque St Suite 204 Iowa City, IA 52240 To Whom it May Concern, July 14, 2016 I am representing Mickey and Sarah McGrew who wish to purchase property to reside and operate their business at Parcel #0932327001 Aka 4522 Taft Ave SE, Iowa City, IA 52240. The purchase of this property is contingent on the Board of Adjustment granting a conditional use permit allowing them to use the property in this manner. Please see the attached purchase agreement for your consideration. The McGrews own and operate General Tree Services. Their business is to perform various tree services including but not limited to tree trimming and removal. They are seeking a conditional use permit to reside at and operate their tree service from the same location. They employ one person at present who meets them at their shop space to drive equipment from their shop location to where their services are being performed. All other employees report to the jobsite and not the shop location. At most, parking for 2 employees will be required. Their hours of operation vary with season and weather. It is reasonable to assume dawn to dusk travel only for a couple of trucks as the work itself is performed on site wherever tree repairs or removals are needed. No signage is required or requested. The McGrews have attached along with their conditional use permit request (10) copies of their proposed site plan as required. It identifies re -use of the existing site access with minor revisions of the existing lane at the back % of the property to accommodate the home and structures that they intend to build. They plan to build an approximately 1500 SF at main level ranch style home (30ftx50ft) plus an attached 24ft by 30ft garage for their personal residence. They also plan on building a 60ft by 120 ft post frame steel building with 16 ft sidewalls where they will store their equipment to keep it out of view and out of the elements. They may reside in part of the post frame building while building their residence and convert to office space when residence is complete. This would be coordinated with the AH1 when applying for building permits. Water sewer would be private well and septic. Electric is available at the property and their usage would be minimal within typical usage of farmstead. I hope this clearly addresses and explains the purpose of Mickey and Sarah McGrew's Conditional Use Permit Request for 4522 Taft Ave SE, Iowa City, IA 52240 This is submitted to comply with the Johnson County Planning, Development, and Sustainability's Conditional Use Permit Request for said property. Kindly notify our office if additional information is required. Regards LaWyesx,� Skogman Realty Associate — Monica Hayes Team 2530 Corridor Way Coralville, IA 52241 319-625-6427 ( Office ) 319-330-9201 ( Cell ) jasonhayes@skogman.com lZZ L"io') D'iLj E-1 TAfTAVE S€ r'v MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JULY 21, 2016 — 7:00 PM — FORMAL MEETING EMMA HARVAT HALL — CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: Mike Hensch, Phoebe Martin STAFF PRESENT: Sara Hektoen, Karen Howard, Bob Miklo OTHERS PRESENT: Glen Meisner, Bob Mitchell, Pam Michaud RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends sending a letter to the Johnson County Planning and Zoning Department recommending rezoning of 9.75 acres of property at the southwest corner of Prairie Du Chien Road and Westcott Drive NE, from County Agricultural (A) to County Residential (R) subject to 50% of the development being designated as outlets foropen space at time of plat approval. By a vote of 6-0 the Commission recommends approval of REZ16-00004, a rezoning from 1-1 to CI-1 for approximately 35,000 square feet of property located at 2114-2118 Riverside Drive and 103 Commercial Drive subject to a conditional zoning agreement specifying that that vehicle sales will be limited to the west side of the building at 2114-18 S. Riverside Drive. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none COUNTY REZONING (CZ16-00002): Discussion of an application submitted to Johnson County by Robert and Roxanne Mitchel for a rezoning from County Agricultural (A) to County Residential (R) for 9.75-acres of property located at 3055 Prairie Du Chien Road N.E. in Area A of the Iowa City/Johnson County Fringe Area. Miklo noted that this property is not within Iowa City but is within the Iowa City/Johnson County Fringe Area and therefore the State Code gives Iowa City the right to review and approve subdivisions to ensure that development is consistent with the City's goals, especially in those areas that may be annexed into the City in the future. The City also has an agreement with the County to review rezonings in addition to subdivisions within that same Fringe Area. The request is to rezone this area from agricultural to residential to allow a subdivision of one -acre lots. Miklo showed images that indicated the zoning patterns around this property. Much of the Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 2 of 12 area around this property is already zoned residential. The Fringe Area Agreement indicates that this area north of the City is the growth area of the County where residential development is allowed. There are some guidelines in the Fringe Area Agreement that if residential rezoning is to be approved it should be clustered and 50% of the property should be set aside as open space or agricultural use or set aside for development if it is ever annexed into the City. Miklo showed a concept plan for this area that does contain a large outlot, which coincides with the wooded area in the middle of the property. There is also another outlot that coincides with the pipeline easement as well as other open space that would be set aside for common open space. Therefore the lot sizes would be smaller than one -acre lots, they would be closer to half an acre. The open space would be owned in -common by the homeowners association. With this subdivision there will be two new streets built to County design standards, which the City has agreed to with the Fringe Area Agreement. Staff recommends that the requested rezoning of 9.75 acres of property at the southwest corner of Prairie Du Chien Road and Westcott Drive NE, from County Agricultural (A) to County Residential (R) be approved with a letter of approval sent to the Johnson County Planning and Zoning Department. Signs asked about the parcel of agricultural that is to the south of this proposed subdivision and where access to that parcel will come from. Miklo said there is currently a private driveway there that leads from Prairie Du Chien, and that driveway will be converted to a private county residential road. With regards to the two parcels south of that Miklo is unsure about the access. Freerks opened the public hearing. Glen Meisner (MMS Consultants) noted that this parcel is a remnant of the Westcott Farms, he is not sure the ownership of the two parcels to the south but would guess it is the farmer that is in the area and the access is out to Prairie Du Chien. Hektoen noted that this is just a rezoning application at this point and the County will investigate parcel access and make sure that is clarified. Meisner stated that with this new subdivision they will either join Westcott Heights on their wells or will construct their own wells for the seven lots proposed. The subdivision and rezoning does meet the North Corridor Plan between Johnson County and Iowa City. Freerks note that the plat showed a barn on the property. She asked if it would be saved. Bob Mitchell (developer) commented on the barn that is on the property, noting it could be saved but it is in pretty rough condition currently. Freerks closed the public dicussion. Parsons moved that the Commission recommend sending a letter to the Johnson County Planning and Zoning Department recommending rezoning of 9.75 acres of property at the southwest corner of Prairie Du Chien Road and Westcott Drive NE, from County Agricultural (A) to County Residential (R) subject to 50% of the development being designated as outlets foropen space attime of plat approval. Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 3 of 12 Signs seconded the motion. A vote was taken and the motion carried 6-0 (Hensch and Martin absent). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, to establish standards for a new form - based code district, the Eastside Mixed Use District, to clarify and refine the language of certain provisions of the Riverfront Crossings form -based code, to adjust parking requirements and apartment mix standards to encourage student housing in areas abutting the University campus and to encourage housing for a broader mix of populations throughout Riverfront Crossings and the Eastside Mixed Use Districts; and to ensure that zoning requirements for exterior lighting are applied in the Riverfront Crossings and Eastside Mixed Use Districts. Howard noted that in May 2015 the Comprehensive Plan was amended to include a small area of the blocks between Van Buren and Johnson Streets, south of Jefferson Street and north of Burlington Street into the Central Planning District. When this change was approved it was recommended by the Commission and the Council to do something to make a better transition from the downtown to the residential areas and to establish zoning standards to ensure that if redevelopment occurs in this area is compatible with the character and scale of the surrounding neighborhoods. Howard noted that Staff felt like a form -based zoning code is a good tool to achieve those goals, similar to what was done in the Riverfront Crossings District. Part of the process of developing a form -based zoning code is to examine the neighborhood character and determine what the goals are for future development. Howard showed photos of the subject area, listing the characteristics (tree -lined streets, older residential buildings, landscaped front yards, and parking that is located behind buildings and accessed from mid -block alleys). The single family homes in this area were constructed about a hundred years ago, most with front porches facing the street. Many of these homes have been divided into apartments over the years since they are so close to campus and downtown. Many have retained their original building form, while some have been extensively remodeled so the building form is no longer recognizable. Some of the buildings have maintained their original single family building form but now contain small businesses. There are also some infill apartments in this area of more modern design that don't fit with the character of the neighborhood. There are also newer commercial buildings in the area that do not fit the original pattern of development, including the large mixed use building constructed on Washington Street built to the CB-2 standards, which is an example of what the current zoning will allow. The current zoning in this area is either CB-5 or CB-2 with two parcels zoned RSN-20. Howard noted that the current zoning is not a good fit for the area and is the reason that the Comprehensive Plan was amended and the goal established to consider changes to the current zoning to ensure that future development is a better fit for the neighborhood and as a transition from downtown. The current zoning forces developers to build commercial and mixed -use buildings in an area where demand for commercial is limited. Residential uses are not allowed on the ground floor, so that forces a bigger building than what the market might produce. It also forces buildings to be built lot line to lot line with little or no green space in an area where landscaped front yards are the norm. There is a maximum setback in the Central Business Zones that won't even allow new buildings to be setback similar to existing buildings in the neighborhood. The current zoning also allows buildings that are taller and larger than adjacent building. Lastly, most of the buildings in the area are non -conforming with the current zoning. For example, the University of Iowa Community Credit Union on the corner of Van Buren and Iowa Avenue is non -conforming Planning and Zoning Commission July 21, 2016 - Formal Meeting Page 4 of 12 because of its setback and drive -through, which Central Business Zoning does not allow Howard explained that form -based codes are structured around form and character rather than use and density. So looking at the Eastside Mixed Use District (EMU) the goal is to allow similar residential use densities that are allowed in the current zoning but in building forms that fit better into the character of the neighborhood. There would still be a mix of uses possible, but more fine-tuned to ensure there is a transition. The draft code is tailored to ensure the size and placement of the buildings and parking are consistent with the existing neighborhood. Howard pointed out that the zoning code already has some form -based standards that have improved the scale, placement and design of new multi -family buildings since the standards were adopted in 2005. She shared some images of more recent construction built to these standards. These examples show how higher density buildings can be designed in a form that fits better into the existing historic neighborhood. Howard emphasized that some of these same standards can be incorporated into the new form -based code district. She described the various elements of the proposed form -based code for the Eastside Mixed Use (EMU) District (a regulating plan, sub- district standards that would be specific to the EMU District, frontage type standards, building type standards, parking type standards, and general requirements. Howard noted that many of the standards in the Riverfront Crossings Code would be appropriate in this new district, so rather than trying to write a whole new code, the standards for the new EMU District have been incorporated into the Riverfront Crossings form -based code, but calibrated to the specific desired character of the area. Howard shared the regulating plan for the Eastside Mixed Use District, which was included in the Commissioner's packets. The east -west streets have been designated as primary streets, since most of the buildings are oriented to these streets and because the alleys run east/west as well. Van Buren Street has some buildings that front on it, but would be considered a secondary street. Howard highlighted the sections of the code that are unique to the Eastside Mixed Use District. Setbacks along primary streets will be 20 feet minimum and 30 feet maximum. This will allow for quite a bit of variation in the building form, similar to the older homes in the neighborhood. The setbacks would be measured from the fagade of the building, with any front porch or stoop allowed to extend into the setback. Along the secondary street the setbacks would be 10 feet minimum and 20 feet maximum. There is not a need for a large setback on this street since most of the buildings would not be oriented to this frontage and the setbacks of existing buildings along Van Buren Street tend to be shallower than what is found along the primary streets. Side setbacks would be 10 feet minimum, with the exception of townhomes where the setback would be zero or mixed -use or commercial buildings that might abut along side lot lines. Rear setbacks would be 10 foot minimum or 5 foot minimum from an alley. Howard stated with regard to building heights, Staff didn't feel like they could set the building heights lower than what is allowed in the residential zones, which is 35 feet, so that would allow for a maximum building height of three stories, but no bonus height would be allowed. Parking in this District must be placed behind the buildings with active building space required along primary streets. Along secondary streets, surface parking is allowed but must be setback behind the plane of the principal buildings. Parsons asked if the majority of the parking on the street in this District is metered. Another Commissioner stated that part of Iowa Avenue is, but the majority is not. Parsons noted that unmetered street parking, especially close to campus, can be very competitive when students are in town so that is perhaps something that should be reviewed if redevelopment occurs. Howard also noted a minor discrepancy between the code language and the graphic in the Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 5 of 12 form -based code for surface parking location along side and rear lot lines and recommended that the language be adjusted to match the graphic. The Code states "surface parking from the side lot line must be a minimum of 5 feet from the side property line". In this case if the building setback is 10 feet, the parking could be 5 feet closer to the lot line than the building and that was not the intention. The diagram represents the correct version, the code language should be amended. With regard to land uses allowed, Howard stated that in general the same land uses would be allowed as in a CB-5 Zone, which is consistent with what is allowed under the current zoning. This would allow for a mix of land uses in the area but Staff is recommending some additional restrictions be established given the desired residential character of the area. For example, drinking establishments and alcohol sales -oriented businesses would not be allowed; repair oriented retail would not be allowed, and quick vehicle services would only be allowed at the corner of Burlington and Van Buren Streets by special exception. Drive -through facilities would not be allowed (the bank is currently non -conforming in the CB-5 zone and is grandfathered in). Howard did say uses could be mixed both vertically and horizontally, however this is in reference to uses, not buildings. New mixed -use buildings and commercial buildings would only be allowed along Van Buren Street or Burlington Street, but commercial uses could also locate within residential building types. Miklo noted that with regards to building design and uses, a building could look residential on the outside but have a commercial use. Fired Up Iowa City was cited as an example. Howard explained that the residential density would be controlled by the building height, the setbacks, parking requirements, and the number of 3 bedroom units in multi -dwelling, apartment, and mixed use buildings may not exceed 20%. This standard is lower than what is allowed in the Central Business Zones, which is 30%, to encourage a broader mix of residents in the area. Howard then discussed the building types that would be allowed in the Eastside Mixed Use District. Cottage homes, row houses, townhouses, live/work townhouses, apartment buildings, multi -family dwelling buildings, mixed use buildings and commercial buildings (the last two types only allowed on Van Buren or Burlington Streets). All the building standards that apply in Riverfront Crossings District would also apply in the Eastside Mixed Use District, but Staff did add some specific language to the building articulation and modulation standards to tailor it to this specific district and also applied the Central Planning District architectural standards. Howard reviewed the reasons the City has those form -based standards in the current Code in the Central Planning District and other parts of the City are because of concerns of buildings out of scale with surrounding development, pedestrian unfriendly designs, blank street facing facades, long facades without any articulation or visual interest and safety concerns (entrances that are hidden and difficult to find, exterior stairways that are unsafe, particularly in winter conditions). Because those standards are working fairly well in the multi -family zones, Staff recommends using them in the Eastside Mixed Use District. Buildings are divided into modules with each module no greater than 30 feet, and no less than 10 feet. Additionally every module has to be differentiated by a variation in the wall plane. A larger building has to be broken into smaller segments for distinction and there is a maximum building width of 60 feet. Howard stated another standard that applies in the Central Business District is the architectural style standard. It makes it clear that a building needs to be designed to a style that is typical in early 20`h century Iowa City, similar to existing buildings in the neighborhood. Howard discussed the parking requirements. Right now anything zoned CB-5 has parking requirements that are similar to downtown Iowa City. Standards in the CB-2 zone are similar to the Riverfront Crossings requirements so staff finds that these are most suitable for the Eastside Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 6 of 12 Mixed Use District since it is a walkable area to downtown. A useable open space requirement is not currently required in the Central Planning District or the multi -family standards. It is applied to the Riverfront Crossings District and will be applied to the new Eastside Mixed Use District. The minimum is 10 square feet of open space per bedroom. Freerks asked if the standards are strict on that or could a payment be made in lieu of having that open space. Howard said it would apply the same way it does in Riverfront Crossings, a developer could pay a fee for in lieu for up to 50% of the open space requirement. They could also use rooftop space and upper floor terraces to meet the open space requirement as long as it was designed for shared use by all the tenants of the building. Howard stated that along with inserting a new form -based district, similar to Riverfront Crossings, Staff wanted to make sure that all other standards will apply to the Eastside Mixed Use District. Staff inserted references to he Eastside Mixed Use District into the larger Zoning code to address other general site standards, such as outdoor lighting, accessory uses, design review process, etc. as outlined in the Commissioner's packet. Finally Howard noted the list of proposed changes to the Riverfront Crossings Code that was included in the Staff report in the Commissioners' packets. She is happy to answer questions on any of those items, but was not going to discuss each one individually, she identified a few highlights: allow the student housing parking ratio for projects directly abutting the UI campus even if the project does not receive bonus heights; lower the percentage of three -bedroom units allowed in mixed -use and multi -family buildings in the southern portion of Riverfront Crossings to 20%, which is similar to what is being proposed in the Eastside Mixed Use District; clarify the Burlington Street setback requirements standards to ensure that the setback area is maintained at the same grade as the public sidewalk to ensure safe pedestrian movement along this high traffic corridor; establish safer balcony setback standards by clarifying that balconies shall not extend any closer than 8 feet to a side or rear lot line, unless the balcony abuts an alley or permanent open space; Specify that required street trees shall be over -story trees planted in the public right -of- way between the public sidewalk and the street curb at a ratio of 1 tree per 30 feet of frontage. This standard is consistent with the diagram in the code and with the Riverfront Crossings Plan; clarify the description of a Liner Building, mentioning that it is intended to provide for more active, pedestrian -oriented building uses along a street frontage with articulations to break up the building fagade; clarification to some of the building material standards; refine the minor adjustment provisions; and continue to allow freestanding signs in the West Riverfront District, but restrict the height to 15 feet. Freerks noted the provision to disallow "residential leasing signs" was a good addition to the Code. Signs asked the reasoning behind omitting the RSN-20 property on the south side of College Street from the new EMU District. Howard said the new district was established on all the remaining properties east of Van Buren that have inappropriate central business zoning as well as two RNS-20 properties where the current buildings do not fit well into the fabric of the neighborhood. Other RNS-20 properties have buildings that fit into the area, so we may not want to encourage their redevelopment. The new code would potentially allow densities that are not available now in RSN20 zone. Dyer noted that the Staff did not include a report on the neighborhood meeting. Howard stated who attended the neighborhood meeting and acknowledged that there was not a large turnout. Planning and Zoning Commission July 21, 2016— Formal Meeting Page 7 of 12 Nor have they received many phone calls about the proposed zoning. Howard believes it is because they are not taking away development rights, but rather adding more flexibility to develop in a manner that will fit into the neighborhood. Signs asked if there was any discussion about the Mercy Hospital area, since they have been acquiring properties in the neighborhood for potential growth. Miklo explained that this proposal is a specific response to a Comprehensive Plan Amendment the Commission requested. However, Council has asked Staff to look at a form -based code for the north side and to possibly hire a consultant to help with that effort, so that is within their future plans, but is not addressed in these code amendments. Signs asked where the fee in lieu money for parking goes. Howard said that goes into the City's parking fund to be used to fund additional City parking facilities. Freerks opened the public hearing. Pam Michaud (109 South Johnson Street) was unable to attend the neighborhood meeting but is very happy to see this form -based style come into the adjacent area to her College Green Historic District. It is a good move for many reasons but questioned why the two homes Signs questioned as to not be included in this area were left out. Howard noted it was because those buildings were already in keeping with the historic character of the neighborhood and have likely been developed to the maximum allowed density under the current zoning. Michaud said incorporating the idea of scale and form is very sensible in this area and this form - based code should be City wide and is there a way to regulate infill in residential neighborhoods so that there is not a monstrosity built next to a small house. Howard said that currently the multi -family house standards apply in any multi -family zone throughout the City. The Central Planning Districts Standards go a bit further because they are crafted specifically to ensure that new buildings that are built are built to a similar character and scale as the older neighborhoods. Michaud noted that the lighting in her neighborhood has been an issue ever since the parking ramp was built, there are very bright lights all night long from above the Washington Street parking ramp. Michaud has asked that those lights be put on a motion sensor or timer because it is unlikely that many people are parking on the top level of the ramp in the middle of the night. The response she received was that smaller LED bulbs were going to be used but that has never happened. Additionally there is an alley lamp that is at least 30 feet high that is very bright. These lights could be put on motion sensor or timers. So the new form -based code requirements for new development sound great but that doesn't solve some of the current lighting issues in the area. Howard noted that anything on private property is regulated by the zoning ordinance, and anything in the public right-of-way is not controlled by the zoning ordinance. Michaud also questioned that when a developer puts up a building with 125 apartments and has 50 parking spaces for that building, there are no regulations on who plows the snow from that alley that leads to that parking. Hektoen noted that the City's priority for plowing alleys is minimal, the adjacent property owners generally take care of the alleys. Hektoen stated that Michaud's comments are better conveyed to Council, the discussion tonight is not about Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 8 of 12 responsibility of alleys. Freerks suggested Michaud come to a meeting and speak during the time allotted for items not on the agenda if there are concerns she would like to address to the Commission. Freerks closed the public hearing. Freerks noted perhaps to defer this item to give the Commissioners time to digest all this information. Dyer moved to defer the amendments to the Title 14, Zoning Code to establish standards for a new form- based code district, the Eastside Mixed Use District, to clarify and refine the language of certain provisions of the Riverfront Crossings form -based code, to adjust parking requirements and apartment mix standards to encourage student housing in areas abutting the University campus and to encourage housing for a broader mix of populations throughout Riverfront Crossings and the Eastside Mixed Use Districts; and to ensure that zoning requirements for exterior lighting are applied in the Riverfront Crossings and Eastside Mixed Use Districts. Martin seconded the motion. A vote was taken and the motion passed 6-0. REZONING ITEM (REZ16-00006): Discussion of an application submitted by the City of Iowa City for a rezoning of multiple properties encompassing portions of the 500 blocks of Iowa Avenue, College Street, Washington Street and Burlington Street from Central Business Support (CB-5), Central Business Service (CB-2) and Neighborhood Stabilization Residential (RNS-20) to Eastside Mixed Use (EMU) Howard said this item is to rezone all the properties located within the boundaries of the new Eastside Mixed Use District. Once the zoning code text amendments are adopted, the properties within the Eastside Mixed Use District must be rezoned in order for the new form - based standards to apply. Staff recommends rezoning all properties within the Eastside Mixed Use District to the new zoning designation to ensure that any future redevelopment is consistent with the Comprehensive Plan. The City notified all property owners and surrounding property owners of the proposed rezoning and held a "good neighbor" informational meeting on June 22, 2016 to discuss the new form -based zoning and address questions from area property owners. Staff also met individually with some area property owners to discuss the proposed zoning. Staff is recommends deferral of this item until the Code Amendments creating the Eastside Mixed Use zoning district are recommended for approval. Freerks opened the public hearing. Pam Michaud (109 South Johnson Street) noted her appreciation that no alcohol sales business would be allowed in this area and would encourage shop hours to be controlled. Michaud stated she is glad to see this proposed form -based code is limiting the three bedroom units. However, she is concerned about new businesses in the area, having hours of operation that are disruptive to nearby residents, such as DP Dough restaurant that is open until 4 AM. She stated Planning and Zoning Commission July 21, 2016—Formal Meeting Page 9 of 12 that if the City wants to make these new form -based districts attractive for long term residents and not just students that these types of things need to be taken into account, such as hours of operation, lighting, etc. Hektoen clarified the Code Amendment does not say no alcohol sales (for example, restaurants can sell alcoholic beverages), but there are restrictions on drinking establishments and alcohol oriented retail uses. Howard added that the new EMU District would not allow any new drinking establishments or alcohol sales -oriented uses in this area. Hektoen clarified that restaurants that serve alcohol are distinguished from drinking establishments based on the hours of operation. Signs questioned why D.P. Dough is allowed to stay open until 4 a.m. Howard replied that they do not serve alcohol so they can set their business hours. Signs questioned why the code could have detailed standards such as the opacity of glass in the storefronts or other details that make buildings fit into the neighborhood, why couldn't it specify hours of operation so there is a better fit into character of the neighborhood. Howard noted that Staff would take a look at that issue and understands the concern. Freerks closed the public hearing Parsons moved to defer REZ16-00006 an application submitted by the City of Iowa City for a rezoning of multiple properties encompassing portions of the 500 blocks of Iowa Avenue, College Street, Washington Street and Burlington Street from Central Business Support (CB-5), Central Business Service (CB-2) and Neighborhood Stabilization Residential (RNS-20) to Eastside Mixed Use (EMU). Martin seconded the motion. A vote was taken and the motion carried 6-0. REZONING ITEM (REZ16-00004): Discussion of an application submitted by Larry Digman on behalf of Veterans Liberty Center for a rezoning from General Industrial (1-1) zone to Intensive Commercial (CI-1) zone for approximately 35,000 square feet of property located at 2114-2118 S. Riverside Drive and 103 Commercial Drive. Miklo showed an aerial photo of the location of the property and the two buildings that are on the property. It is somewhat unique that it is a commercial condominium regime, there are three condominiums in each building. Three are owned by the Veterans Liberty Center, a non-profit services organization for veterans. They currently lease out part of that space to an auto repair shop. The other three condominiums are owned by a contractor/cabinet maker, a construction company and the third one is owned by the contractor/cabinet maker but leased to a coffee roasting company. Miklo said that the auto repair shop moved in not knowing that their use was not allowed in an I- 1 zone. This came to the City's attention when the auto repair shop inquired about expanding the business to include car sales. Car sales are also not allowed in the 1-1 zone. Therefore the Veterans Liberty Center approached the City about rezoning the property. During that Planning and Zoning Commission July 21, 2016—Formal Meeting Page 10 of 12 discussion it was discovered they did not own the entire property, they only owned their condominiums. So the staff had discussions with the other two condominium owners and they did express some concern about car sales. With their business there is a lot of heavy truck traffic and they need to be assured the docks in the back of the business are accessible They were concerned that retail customers for a car sales lot would interfere with their use of the driveway to their buildings. There was a meeting of all the condominium property owners and they agreed to go along with the rezoning of their property subject to the car sales being limited to the front of the property and no retail traffic would come to the back of the property. Miklo also noted that a letter was received from an adjacent person who has a property to the east who is also concerned about the CI-1 zone and the outdoor storage that it allows. He noted that outdoor storage is also allowed by the current I-1 zoning that applies to the property. Staff recommends approval of REZ16-00004, an application submitted by the Veteran's Liberty Center for a rezoning from 1-1 to CI-1 for approximately 35,000 square feet of property located at 2114-2118 Riverside Drive and 103 Commercial Drive subject to a Conditional Zoning Agreement specifying that vehicle sales will be limited to the west side of the building at 2114-18 S. Riverside Drive. Vehicle sales display and customer parking will not be permitted on the eastside of the building. Miklo noted that Larry Digman, the applicant, called him this afternoon and was not able to attend the meeting this evening due to health concerns. He requested that if there are questions or issues that the application be deferred to the next meeting. Signs asked how many parking spaces would be required for this structure in either the current or proposed zone. Miklo was not sure exactly but has been to the site but in terms of the current uses it meets the standards. Howard noted that there is not difference in the parking ratios, parking is based on the use not the zone. Signs stated his concern was the parking seemed tight, and questioned if there was enough parking for auto sales plus customers of the auto repair shop and parking also for those visiting the veteran's center. Parsons asked how easy it would be for the City to enforce the vehicles for sale are in one portion of the lot. Miklo said they would have to rely on complaints from adjacent property owners. Freerks questioned the residential homes in the 1-1 zone. Miklo although the property to the south is zoned residential it currently contains residential uses which are grandfather in. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Theobald moved to approve REZ16-00004, a rezoning from 1-1 to CI-1 for approximately 35,000 square feet of property located at 2114-2118 Riverside Drive and 103 Commercial Drive subject to a conditional zoning agreement specifying that that vehicle sales will be limited to the west side of the building at 2114-18 S. Riverside Drive. Planning and Zoning Commission July 21, 2016 — Formal Meeting Page 11 of 12 Parsons seconded the motion. A vote was taken and the motion carried 6-0. CONSIDERATION OF MEETING MINUTES: JULY 7. 2016 Parsons moved to approve the meeting minutes of July 7, 2016 with a minor edit. Theobald seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Parsons moved to adjourn. Theobald seconded. A vote was taken and motion carried 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2015-2016 FORMAL MEETING 8/6 8/20 9/3 9/17 10/1 10/15 1115 11119 12/3 1/7 1121 2/19 3 33 3117 417 4121 5/5 5/19 6/2 7/7 7121 DYER, CAROLYN X X X X X X X X I X X X X X X X X I X X X X X EASTHAM, CHARLIE X X X X X X X X X X X X X X X X - - - FREERKS, ANN X X X X X X O/E X X X O/E X X X X X X O/E X O/E X HENSCH, MIKE X X X X X X X X X X X X X X X X X X O/E MARTIN, PHOEBE X X X O/E O/E X O/E X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X O/E X X X X JXO/E X X X X X X X SIGNS, MARK _ _ X X X XTHEOBALD, JODIE O/E X X X X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member