HomeMy WebLinkAbout08-17-2017 Planning and Zoning CommissionIowa City
Planning & Zoning Commission
Formal Meeting
` Thursday, August 17, 2017
7:00 PM
Emma Harvat Hall - City Hall
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Development Services CITY OF IOWA CITY I
UNESCO CITY OF LITERATURE
PLANNING AND ZONING COMMISSION
Thursday, August 17, 2017 - 7:00 PM
Formal Meeting
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
AGENDA:
A. Call to Order
C. Public Discussion of Any Item Not on the Agenda
D. Rezoning / Development Item
Discussion of an application submitted by Build to Suit for a rezoning of approximately 2.4
acres from Medium Density Single Family Residential (RS-8) zone to Planned Development
Overlay — Medium Density Single Family Residential (OPD-8) zone and a preliminary plat of
Focus First Addition, a 1-lot, 2.4-acre residential subdivision with 7 townhouse style dwelling
units located on Dodge Street Court. (REZ17-00010/SUB17-00007)
E. Development Items
Discussion of an application submitted by Watts Group Construction for a preliminary plat
of Country Club Estates Seventh and Eighth Additions, a 27.95-acre, 81-lot residential
subdivision located north of Rohret Road and west of Lake Shore Drive. (SUB17-00009)
2. Discussion of an application submitted by Linda Lovik for a preliminary plat of Lovik
First Addition, an 11-acre, 2-lot residential subdivision located at 4665 Herbert Hoover
Highway SE. (SUB17-00012)
F. Consideration of Meeting Minutes: August 3, 2017
G. Planning & Zoning Information
H. Adjournment
If you will need disability -related accommodations in order to participate in this meeting, please contact Bob
Miklo, Urban Planning, at 319-356-5240 or at bob-miklo@iowa-city.org. Early requests are strongly
encouraged to allow sufficient time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: September 71 September 21 1 October 5
Informal: Scheduled as needed.
To: Planning and Zoning Commission
Item: REZ17-00010
Dodge Street Court
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Karen Howard
Date: August 17, 2017
Applicant: Build to Suit
P.O. Box 5462
Coralville, IA 52241
319-512-2322
benl@buildtosuitinc.com
Contact: Duane Musser
1917 S. Gilbert St.
Iowa City, IA 52240
319-351-8282
d.musser@mmsconsultants.net
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
Good Neighbor Policy:
Rezone two parcels from RS-8 to OPD-8
Cluster development in townhouse style units and
preserve sensitive areas
North of Dodge Street Court
2.3% acres
Undeveloped; Medium Density Single Family
Residential (RS-8)
North: Medical Office and Single Family
Residential (MU and RS-5)
South: High Density Single Family Residential
(RS-12)
East: Single Family Residential (RS-8)
West: Multi -Family Residential (RM-12)
North District Plan
C8 — Hickory Hill
May 26, 2017 (incomplete application); revised and
resubmitted on July 25, 2017
September 7, 2017
Good Neighbor meeting held on June 5, 2017.
z
BACKGROUND INFORMATION
The subject property is undeveloped. The northern two-thirds of the property contain woodlands
and steep ravines making development infeasible. The southern portion of the property is
relatively level with street frontage along Dodge Street Court. A portion of an existing driveway
that provides access to the single family house on the abutting property to the east extends
across the southeast corner of the property and will need to be addressed with this application.
The applicant has requested a planned development overlay rezoning, including a sensitive areas
development plan in order to cluster development away from the sensitive areas with seven
townhouse -style dwelling units aligned along Dodge Street Court similar to units recently
developed directly to the west.
ANALYSIS:
Compliance with Comprehensive Plan: The North District Plan calls for residential
development along Dodge Street Court that is similar in character to existing residential uses in
the area. Staff finds that the proposed low -scale townhouse -style units are consistent with and
complementary to the existing residential development along Dodge Street Court.
Current zoning: The property is currently zoned Medium Density Single Family Residential (RS-
8). This zone is intended primarily for detached single family dwelling units on small lots with
duplexes allowed on comer properties. The standards in this zone are intended to create,
maintain, and promote livable neighborhoods and allow for some flexibility of dwelling types to
provide housing opportunities for a variety of household types with special attention to site design
to ensure the development of quality neighborhoods.
Proposed zoning: The Planned Development Overlay Zone (OPD) is intended to permit flexibility
in the use and design of structures and land in situations where conventional development may be
inappropriate and where modification to requirements of the underlying zone will not be contrary
to the intent and purpose of the zone or inconsistent with the Comprehensive Plan, or harmful to
the surrounding neighborhood. The applicant is requesting to maintain the underlying RS-8 Zone,
but use the flexibility afforded through the planned development process to cluster development
away from the ravines and wooded areas. One of the primary purposes of the planned
development process is to provide flexibility in the design, placement and clustering of buildings
and to encourage development that is sensitive to the natural features of the land.
Planned Development Approval Criteria
Applications for Planned Development Rezonings are reviewed for compliance with the following
standards according to Article 14-3A of the Iowa City Zoning Ordinance.
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation and general layout.
Density - The existing RS-8 Zoning is a medium density single family zone, which allows a mix
of single family detached homes with attached single family or duplexes allowed on corner lots
at a maximum density of 8 dwelling units per net acre. The overall density of the proposed
planned development is approximately 3 dwelling units per acre. This residential density is
consistent with the pattern of modest -sized single family homes, duplexes and townhomes
developed along Dodge Street Court.
Land uses proposed and general layout - The planned development process encourages a
mix of housing types and allows the flexibility to locate those housing types in a manner that
3
fits the site. The applicant is proposing to construct two buildings with 7, 2-bedroom
townhouse -style dwelling units. Attaching the units will provide the opportunity to combine side
yards to create more space between the buildings; 20 feet instead of the10 feet that would be
required between single family detached dwellings, and minimum 10-foot side yards
separating these units from adjacent properties. In addition, it allows clustering of dwelling
units so that the sensitive wooded ravines are preserved on the remainder of the site. Staff
finds that the proposed land uses are compatible with the intent of the underlying zoning and
with the surrounding neighborhood.
Building Design, Mass and Scale - The proposed two story dwellings are consistent in mass
and scale to adjacent dwellings. The proposed elevation drawings are consistent with
standards for townhouses, each with a separate main entrance that is visible from and
oriented toward Dodge Street Court and demarcated with a canopy, transom and sidelight
windows. Each unit has a paved connection between the main pedestrian entrance and the
public sidewalk. Garages are located behind the units with vehicular access provided from a
rear lane. While the details haven't been fully developed, the conceptual elevation drawings
appear to meet the building articulation standards for townhouse units. Staff recommends that
final plans be reviewed and approved administratively by the staff Design Review Committee
in accordance with the standards for townhouse -style units.
Open Space — More than half the property will be preserved as open space. While the
wooded ravines will not be particularly usable as general open space for the residents they will
maintain the natural beauty of the site and a buffer from the higher traffic volumes along
Dodge Street. The legal papers submitted with the final plat and planned development plan
will need to address how common areas and sensitive areas will be managed and maintained
over time.
Traffic and Pedestrian Circulation — Dodge Street Court is a dead end street that has not been
improved to current City standards. The Dodge Street Court right-of-way is very narrow Qust
over 30-feet wide), and the roadway is just under 20-feet wide. There is no curb and gutter
and no cul-de-sac bulb or formal turn -around at the end of the street. A driveway to the single
family home at 1124 Dodge Street Court extends through the southeast corner of the subject
property, although a formal easement has never been established. The applicant has agreed
to allow a driveway to this abutting property to remain, but it will be redesigned to provide
additional separation from the new dwelling units and will be paved to the property line and
sloped to help direct stormwater flow. An easement agreement for this driveway should be
Included with the legal papers with the final plat.
There has been some concern expressed by neighboring property owners regarding the
impact of additional development on Dodge Street Court given its deficiencies. To address the
concerns, primary vehicular access to the proposed units will be from a rear lane that extends
to Dodge Street. An emergency vehicle turn -around will be constructed along this rear lane.
No new driveway access will be provided to Dodge Street Court. Each of these 2-bedroom
units will have a two -car garage with generous driveway approaches so that cars can also be
parked behind the garages. In addition, the applicant is proposing eight visitor parking spaces
off the rear lane to help prevent additional parking congestion along Dodge Street Court.
Similar to the development project recently built to the west, staff recommends that additional
land be dedicated to widen the public right-of-way along Dodge Street Court to 50 feet and
that a new sidewalk be constructed to provide for pedestrian circulation and access to the
front entrances of the dwelling units. Dedication of this land for public right-of-way can be
accomplished during final plat approval.
2. The development will not overburden existing streets and utilities.
City sewer and water is available to this property. Capacity is adequate to accommodate
development of these dwelling units. Since the proposed residential dwellings will not have
direct access to Dodge Street Court and will have sufficient parking along the rear lane, staff
finds that the existing street will not be overburdened by the proposed development.
3. The development will not adversely affect views, light and air, property values and privacy of
neighboring properties any more than would a conventional development.
Staff finds that the proposed development is not a significant departure from what would be
allowed under the current RS-8 zoning with regard to views, light and air, property values and
privacy of neighboring properties. The proposed building setbacks from the streets and
between buildings are similar to existing development in the neighborhood. The number of
units and mass and scale of the buildings will be complementary to other residential
development along Dodge Street Court. Clustering the residential density into townhouse -style
units will allow reasonable development of the property while preserving the environmentally
sensitive features of the site.
4. The combination of land uses and building types and any variation from the underlying zoning
requirements or from City street standards will be in the public interest, in harmony with the
purposes of this Title, and with other building regulations of the City.
All planned developments must comply with all the applicable requirements and standards of
the underlying zoning district and the subdivision regulations, unless specifically waived or
modified through the planned development process. Variations to the dimensional
requirements of the underlying base zone and subdivision regulations are allowed:
• to facilitate the provision of desired neighborhood amenities or open space;
• to presence or protect natural, historic, or cultural features;
• to achieve compatibility with surrounding development; or
• to create a distinctive or innovative neighborhood environment for area residents.
A variety of housing types are allowed with a planned development. Two townhouse -style
multi -dwelling buildings with a total of 7 dwelling units are proposed on a common lot. The
buildings must meet the setbacks, spacing requirements and design standards specified in the
zoning code for these residential building types. The two townhouse -style buildings are
separated by 20 feet with a minimum 10-foot side setback from abutting properties. The front
setback is 15 feet. The spacing and setbacks meet the zoning code standards. As noted
above, the conceptual elevation drawings submitted by the applicants appear to meet the
building design standards. Garages and off-street parking must be located and designed so
that they do not dominate the streetscape, which will be accomplished with rear lane access to
garages located behind the units.
SENSITIVE AREAS
The applicant has applied for approval of a Sensitive Areas Development, a type of planned
development, The purpose of the Sensitive Areas Ordinance is to permit and define the
reasonable use of properties that contain sensitive environmental features and natural
resources, and allowing reasonable development while protecting these resources from
damage. The following paragraphs describe the impact this development will have on the
sensitive features of this site.
The subject property contains regulated wooded areas and steep, critical and protected slopes on
the northern portion of the site. As described above, development will be clustered on the south
5
end of the site in order to preserve the wooded ravines. A sensitive areas development plan has
been submitted that delineates a construction limit line. The wooded ravines beyond this limit will
remain undisturbed except by stormwater run-off. Additional measures may need to be taken to
address drainage to prevent erosion in the steep ravines. Staff recommends that the details of the
drainage plan be reviewed and approved by the City Engineer when construction drawings are
submitted with the final plat. In an RS-8 zoned property, a minimum of 50% of the woodlands
must be preserved. With this proposal, 73% of the woodlands will remain undisturbed. Nearly
100% of the regulated slopes on the site will remain undisturbed.
PRELIMINARY PLAT
Subdivision Design: The applicant is requesting to combine the two existing parcels into one
development lot with two multi -dwelling buildings containing seven townhouse -style dwellings
units. The buildings are aligned along Dodge Street Court with vehicular access from a rear lane
to garages located behind the buildings. The rear lane provides vehicular access to Dodge
Street through a shared access easement with the abutting property to the west. There is no
vehicular access proposed to Dodge Street Court. The rear lane has been designed with an
emergency vehicle turn around that meets City standards.
Street design and connections: No new streets are proposed with this subdivision. As described
above, staff recommends that additional land be dedicated to the City to widen the Dodge Street
Court right-of-way to 50 feet and a new sidewalk constructed to provide pedestrian access to the
front entries of the dwelling units. While Dodge Street Court has not been improved to City
standards, staff finds there will be minimal impact to this street from the proposed development
because all vehicular access to the units will be from a rear lane that directs traffic to Dodge
Street. Additional parking and emergency vehicle turn around are also provided along the rear
lane.
Sanitary Sewer: Sanitary sewer is available along Dodge Street Court to serve these dwellings
Water Service: A water main extension fee of $395.00 per acre is required. Resolution of any
technical deficiencies on the plan will need to be resolved prior to approval of the final planned
development plan.
Storm water management: Since the property is less than 3 acres, on -site stormwater
management facilities are not required. However, since Dodge Street Court does not have storm
sewers or curb and gutter to direct run-off, staff recommends requiring the development to be
designed to direct stormwater away from Dodge Street Court to the extent possible. The
submitted plan indicates that water will largely be directed toward the rear lane, which will be
curbed to direct stormwater to the northeast corner of the site and down into the wooded ravine to
the north. To prevent erosion in the ravine from the more concentrated flow, additional measures
may need to be taken to prevent erosion beyond what is shown on the preliminary plat. The City
Engineer also recommends that efforts be made to grade the east side of the site and design the
new driveway for the property at 1124 Dodge Street Court to prevent additional drainage issues
on the abutting properties to the east. The details of the drainage plan can be addressed with the
construction drawings submitted with the final plat and planned development plan.
Neighborhood Open Space: A subdivision of this size requires the dedication of 3,930 square
feet of neighborhood open space or fees in lieu of. The Parks and Recreation Department has
determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will
be equivalent to the value of 3,930 square feet of property. This requirement will need to be
addressed in the legal papers for the final plat.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00010 and SUB17-00007, a one lot subdivision and a
rezoning of approximately 2.4 acres of land from Medium Density Single Family Residential (RS-
8) to Planned Development Overlay (OPD-8) for property located along the north side of Dodge
Street Court, subject to resolution of minor technical deficiencies and discrepancies on the
preliminary plat and planned development plan and subject to the following conditions:
a. Owner shall dedicate sufficient land along the entire property frontage to widen the
Dodge Street Court right-of-way to 50 feet as a part of the final plat and planned
development plan.
b. Development on the subject properties shall be designed to drain on -site storm water
away from Dodge Street Court to the extent possible and shall be designed to prevent
erosion in the steep ravines and on abutting properties. The City Engineer shall review
and approve the drainage plan as a part of the construction drawings for the final plat
and planned development plan to ensure these conditions are addressed.
c. Building designs shall be reviewed and approved by the City's Design Review
Committee to ensure compliance with the planned development standards for
townhouse -style buildings.
DEFICIENCIES AND DISCREPANCIES:
1. Minor technical discrepancies and deficiencies, which will need to be addressed prior to
approval by the City Council, but will not require substantive change to the proposed
development.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Development Plan
Approved by: / `' ,
John Yapp, Develop ent Se?vi6es Coordinator,
Department of Neighborhood and Development Services
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To: Planning and Zoning Commission
Item: SUB17-00009
Country Clubs Estates
Seventh and Eighth Additions
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Sylvia Bochner, Planning Intern
Date: August 17, 2017
Applicant: Watts Group Construction
425 E. Oakdale Blvd.
Coralville, IA 52241
319-665-9200
adam@wattsgroup.com
Contact: Duane Musser
1917 S. Gilbert St.
Iowa City, IA 52240
319-351-8282
d.musser@mmsconsultants.net
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
S&J Development, LLP
2231 E. 451" Street
Davenport, IA 52807
319-936-6839
speerhere@mchsi.com
Approval of preliminary plat
Development of an 81- lot residential subdivision
North of Rohret Road west of Lake Shore Drive
27.95 acres
Undeveloped (Currently in the process of being
rezoned from RR-1 and ID-RS to RS-5)
North: Residential (OPD-5)
South: Residential (County: R and AR)
East: Residential (RS-5)
West: Agricultural (County: A)
Southwest District Plan —Single Family/duplex
residential
SW5 Hunters Run
July 20, 2017
2
45 Day Limitation Period: September 3, 2017
BACKGROUND INFORMATION:
The applicant, Watts Group Construction, is requesting approval of the preliminary plat of Country
Club Estates Seventh and Eighth Additions, an 81-lot, 27.95-acre residential subdivision located
north of Rohret Road west of Lake Shore Drive. The preliminary plat of Country Club Estates
Fourth -Seventh Additions was approved in 2013, along with final plats of Country Club Estates
Fourth, Fifth, and Sixth Additions. Preliminary plats expire after 24 months unless the applicant
seeks an extension from City Council, so the preliminary plat for Country Club Estates Seventh
Addition expired in 2015. At this time, the applicant is seeking approval for a new design for
Country Club Estates Seventh Addition, along with the preliminary plat of Country Club Estates
Eighth Addition.
Most of the land in this subdivision (17.61 acres) was annexed into the city in 1994. Approximately
3 acres were annexed in 1972 as part of a larger annexation that was later developed into
Southwest Estates and Country Club Estates, County Club Estates Parts 1-6 were subsequently
subdivided and developed as single-family residential lots. A large portion of the subject area is
currently in the process of being rezoned from Rural Residential (RR-1) and Interim Development
Single -Family Residential (ID-RS) to Low Density Single -Family Residential (RS-5). This
preliminary plat is subject to City Council approval of this rezoning.
The applicant has indicated that they have used the "Good Neighbor Policy". A Good Neighbor
Meeting and Open House was held on May 25.
ANALYSIS
Comprehensive Plan: The subject area is located within the Weber Subarea of the Southwest
District Plan. The Southwest District Plan indicates that the undeveloped portion of the Country
Club Estates property is suitable for low -density single-family residential development, with a
density of 2-8 dwelling units per acre. With approximately 3 dwelling units per acre, Country Club
Estates Seventh and Eighth Additions fall within the range of densities deemed suitable for this
area.
Zoning: The subject area is in the process of being rezoned to Low Density Single -Family
Residential (IRS-5), a zone which is primarily intended to provide housing for individual
households. In this zone, the minimum lot size is 8,000 square feet. However, Section 14-2A-7A
of the zoning code provides a density bonus that reduces minimum lot size for dwellings whose
vehicular access to garages and off-street parking is restricted to an alley or private rear lane.
Under this provision, minimum lot size is reduced to 6,000 square feet with a minimum width of 50
feet. In this subdivision, the lots along Rohret Road are in compliance with this provision. All
remaining lots in the subdivision comply with the regulations for single-family lots without alley
access.
Subdivision Regulations: According to the subdivision regulations, block faces along local
and collector streets should be between 300 and 600 feet. Longer block faces may be allowed
in cases of large lot commercial, industrial, or rural residential development, or where
topography, water features, or existing development prevents shorter block lengths. In these
cases, midblock pedestrian connections may be required. On arterial streets, the subdivision
regulations state that blocks should be at least 600 feet.
Most blocks within this subdivision meet these regulations. The block along the arterial street,
Rohret Road, is approximately 1200 feet long. However, the block on the south side of
9
Tumbleweed Terrace, a local residential street, is approximately 900 feet, longer than the
maximum 600 feet. Because of this, a pedestrian connection is required between Tumbleweed
Terrace and Rohret Road. The preliminary plat includes a 15 foot trail easement within a 50 to
59 foot wide outlot that connects Tumbleweed Terrace and Rchret Road and ends at the
intersection with Yuma Drive. The remaining blocks in the subdivision are less than 600 feet and
meet the subdivision regulations.
This subdivision involves the creation of two new streets: Sedona Street, a looped local
residential street that connects to Rohret Road, and Yuma Drive, a short local residential street
that connects Sedona Street to Tumbleweed Terrace. Tumbleweed Terrace is an east -west
local residential street that connects to Lake Shore Drive and will be extended from an earlier
phase of Country Club Estates. Subdivision regulations require that local residential streets
have a 60 foot right-of-way and a minimum 26 foot street width. All streets in this subdivision
meet these regulations.
The subdivision also includes a private residential alley behind the lots on Rohret Road. This
alley will provide the only vehicular access to these lots. A residential alley has a minimum of a
20-foot right-of-way and 16-foot pavement width. This alley meets these requirements, with a
proposed 40-foot right-of-way and 20-foot pavement width. Because the alley is an 1100 foot,
unimpeded straight road, the preliminary plat includes traffic calming devices to prevent
speeding and protect pedestrians. These include two speed tables and a raised crosswalk for
the connecting pedestrian trail.
The subdivision includes two outlots that provide access easements and open space, which will
be deeded to the Country Club Estates Homeowners' Association.
To prevent issues with double frontages for lots 72-81, Slothower Road should be vacated. This
can be done if and when the land to the west is annexed.
Infrastructure: Rohret Road is a rural cross section with chip seal surface and drainage
ditches. When Irving Weber School was built, the City improved Rohret Road to a point
approximately 500 feet west of Phoenix Drive. When Country Club Estates Part Three was
developed, the developer extended the improvements of Rohret Road up to Lake Shore Drive.
As a condition of rezoning the property, the applicant has agreed to improve Rohret Road to
Sedona Street, the first intersection that provides access to the next phase of development. The
applicant agrees to pay 50% of the cost of improving the street to the western city limits. The
City and/or future private development to the south will be responsible for the other 50%.
Until Rohret Road is fully improved, trash and recycling collection for the lots along Rohret Road
must be done via the private rear alley. Because the City does not collect trash and recycling
from private alleys, trash and recycling from these lots must be collected by a private hauler.
The applicant has submitted a water pressure study demonstrating that water pressure is
adequate to serve the proposed subdivision.
Neighborhood Open Space: During a previous phase of Country Club Estates, approximately
4.7 acres were dedicated for parkland. This dedication was intended to provide open space for
future phases of Country Club Estates, including the area in this subdivision. No additional open
space fees will be required.
Stormwater management: The previous phase of Country Club Estates was designed to
manage stormwater for this development with a Stormwater detention basin located north of the
subject area.
Sanitary Sewer Service: Sanitary sewer service is available to serve this property as a result of
the lift station installed for earlier phases of Country Club Estates.
Infrastructure fees: A water main extension fee of $435 per acre applies to this subdivision.
Payment of this fee will need to be addressed in the legal papers at the time of final plat approval.
STAFF RECOMMENDATION:
Staff recommends that SUB17-00009, an application submitted by Watts Group Construction for
a preliminary plat of Country Clubs Estates Seventh and Eighth Additions, an 81-lot, 26.37-acre
residential subdivision located of Rohret Road west of Lake Shore Drive be approved
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
Approved by:
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
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To: Planning and Zoning Commission
Item: REZ17-00012
GENERAL INFORMATION.
STAFF REPORT
Prepared by: Sylvia Bochner, Planning Intern
Date: August 17, 2017
Applicant: Linda S. Lovik
4665 Herbert Hoover Hwy SE
Iowa City, IA 52240
319-471-6549
1 ind aslovik@mediacombb. net
Requested Action: Approval of preliminary plat
Purpose.
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
To create two residential lots and an outlot for future
development
4665 Herbert Hoover Hwy SE
11 acres
Residential (County Residential R)
North: Residential (County R)
South: Residential (County R)
East: Residential (RS-5 and RM-12)
West: Residential (County R)
Fringe Area B
July 13, 2017
August 27, 2017
The applicant, Linda S. Lovik, is requesting approval of the preliminary plat of a 3-lot subdivision
for 11 acres of property located at 4665 Herbert Hoover Highway SE in Fringe Area B, inside Iowa
City's Growth Area. Because the property is within Iowa City's two-mile Fringe Area, the Fringe
Area Agreement specifies that city approval is required when the property is subdivided.
This property is within the current growth area of the City. Its eastern border abuts the city
boundary. As set forth in Iowa City's adopted growth policy, the City will annex land within one
mile of Iowa City to the east, so this property has high annexation potential.
The County recently approved a rezoning of the property from County Commercial (C) to
Residential (R). The City recommended that the County approve the rezoning subject to a
Conditional Zoning Agreement (CZA) requiring City approval of any development of the property
and the owner consenting to annexation of all parts of this property upon the annexation of any
adjacent property. This subdivision will divide the property Into 2 residential lots and one outlot for
future development.
The applicant has chosen not to use the "Good Neighbor Policy'.
ANALYSIS:
Comprehensive Plan: The Fringe Area Agreement, incorporated into the Comprehensive Plan, is
intended to provide guidance regarding the development of land located within two miles of Iowa
City's corporate limits. One of its goals is to ensure that development within Iowa City's growth
boundary is compatible with future urban development. The Fringe Area Agreement specifies that
property in this area will likely be annexed.
The CZA requires that the owner consent to annexation at the time an adjacent property is
voluntarily annexed into the city. To assure that future buyers are aware of this agreement it
should be reiterated in the legal papers for the final plat.
This subdivision will allow the City to meet the goals of the Comprehensive Plan, which show this
area as appropriate for residential development. Outlot A can be sold and eventually developed
for residential use, while Lots 1 and 2 will remain low density residential lots. The placement of
Lots i and 2 fit within potential future street layouts based on the design of the Churchill Meadows
subdivision to the east and will not impede future development. The Fringe Area Agreement
requires that subdivisions of property located within Fringe Area B within the City's growth area,
conform to the City's urban design standards, including, but not limited to City specifications for
streets, roads, sanitary sewer lines, stormwater management facilities and water lines.
Developments approved prior to annexation shall be required to be served by a package of
sanitary sewage treatment plant and common wells with sanitary sewer and water collection
and distribution systems which are constructed to City standards and can be connected to
municipal systems upon annexation. At the time of the County rezoning of this property to
Residential, the City agreed to allow the development of one additional lot to be served by an
existing septic system and a well that will need to be approved by the County Health
Department.
Subdivision Design: There are no streets proposed within this subdivision. Lot 2 will have frontage
along Herbert Hoover Highway, though the City does not support a curb cut to serve that lot.
Instead, temporary access to both Lots 1 and 2 will be via an access easement over and along
the existing driveway within Outlot A. Upon replatting of Outlot A, a street system must be
established, thereby eliminating the need for this access easement and giving Lots 1 and 2
access to the new street. The preliminary plat includes an access and utility easement across Lot
2 to provide for a future connection of Lot 1 to Grindstone Drive. It is also possible that a
north/south street will be located along the west side of lots 1 and 2 to provide access to those lots
and futures lots when Outlot A is subdivided.
Water and Sewer Treatment: Lot 1 is currently served by a private water well and a septic system.
If Lot 2 develops prior to annexation, it may also be served by such private systems. However,
upon annexation and further development, all lots, including Lot 1, will be required to hook into
City water and sewer services at the owners' expense. To assure that future buyers are aware
of this requirement, it should be contained in the legal papers with the final plat.
stormwater Management: The subdivision will initially need to comply with County stormwater
management standards. Upon annexation, however, any development will need to comply with
City stormwater management standards.
STAFF RECOMMENDATION:
Staff recommends that SUB17-00012, an application submitted by Linda Lovik for a preliminary
plat of Lovik First Subdivision, a 3-lot, 11-acre residential subdivision located at 4665 Herbert
Hoover Highway SE be approved.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
Approved by:
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John Yapp, Development S€rviceg Coordinator
Department of Neighborhood and Development Services
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
AUGUST 3, 2017 — 7:00 PM —FORMAL MEETING
EM MA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs
MEMBERS ABSENT: Jodie Theobald
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo
OTHERS PRESENT: Brita Russell, Kristi Waite, Chelsea Eldeen Alex Waite, Jenny
Carhoff, Tanya Myers, Andrew Deivernois, Chris Harvena, William
Knabe, Diane Hamer, Angelique Johnson, Paula Ingalls, Susan
Burlingame, Russell Johnson, Ted Potter, Richard Campagna,
Andrew Hamer, Annie Potter, Roxanna Curto, Judith Knabe,
Rodney Lanaghan, Duane Musser, Barry Matsumoto, Roxanne
Walder, Ginalie Swaim, Kristin Wildensee , Alicia Trimble, Grant
Finch . Kim Broadhurst
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Theobald absent) the Commission recommended denial of an amendment to
the Comprehensive Plan for the Southwest District to change the land use designation of
property located at 1160 Highway 1 from Single Family/Duplex Residential to General
Commercial.
By a vote of 6-0 (Theobald absent) the Commission recommends to approval of REZ17-00013
an application submitted by Jesse Allen with Aspen Ventures, for a rezoning of approximately
.20 acres from Central Business Support (CB-5) zone to Central Business Support with a
Historic Preservation Overlay (CB-5 / OHP) zone located at 10 South Gilbert Street.
By a vote of 6-0 (Theobald absent) the Commission recommends to approval of SUB17-00013,
the preliminary plat of Brookwood Pointe Fifth Additions, an 18-lot, 4.92-acre residential
subdivision located on Terrapin Drive and Covered Wagon Drive.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
COMPREHENSIVE PLAN ITEM (CPA17-00002):
A public hearing on an application for a Comprehensive Plan amendment to amend the
Southwest District Plan to change the land use designation of property located north at 1160
Highway 1 from Single Family/Duplex Residential to General Commercial.
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 2 of 15
Miklo began the Staff Report noting that the property is north and west of Highway 1, east of
Weeber Street and at the end of Edingale Drive. Miklo showed some photos of the area. The
property is located within the Southwest District and is covered by the Southwest District Plan.
The applicant is requesting that the Plan's land use designation be changed from residential to
commercial. Other properties along this side of Highway 1 are zoned residential (either single-
family duplex or multi -family). Miklo noted there is some open space designated to the north of
the property.
Miklo explained that the residential land use designation recognizes the current use of the
property as a single family dwelling and the potential for the property to be subdivided into
additional residential lots. When the Apple Ridge subdivision, which is located directly to the
west, was developed Edingale Drive was platted to provide access to this property so that it
could be divided into lots in the future. Miklo stated that the intent of the Plan and the
subdivision design was to allow a cul-de-sac to be extended onto this property with residential
lots built around it. The developer of Apple Ridge Subdivision created an escrow to pay for the
future construction of Edingale Drive.
Miklo said that the applicant notes that since the Southwest District Plan was adopted in 2002
several mostly commercial developments have been built along Highway 1, the Hawks Ridge
student housing complex has been built to the east of the subject property, and commercial
traffic has increased along the highway. Additionally there have been improvements to Highway
1 to help traffic flow and a bike and pedestrian trail has been built along the Highway.
Miklo said that staff agrees that considerable development has occurred along the highway.
However, staff does not believe that the development that has occurred along Highway 1 is
sufficient reason to change the designation of the subject property from residential to
commercial land use. The commercial development that has taken place was in areas
designated for such development by the Comprehensive Plan and it has taken place in areas
where it is designed not to interrupt nearby residential areas.
Miklo said that the subject property is surrounded on three sides by residential development and
wooded open space. The highway right-of-way of 320 feet provides considerable separation
from the commercial development located to the south and east and the residential located to
the north and west. There is no commercial development along the north side of Highway 1,
from Sunset Street to Hawk Ridge Drive, a distance of approximately 3,400 feet. Allowing
commercial development on the subject property has the potential to disrupt this residential
section of the city, and would likely have some negative effects, such as noise and lighting, for
the adjacent single- family residential properties.
Miklo said that commercial development in this location may also be a counter to another goal
of the Comprehensive Plan, which is to improve and enhance the entranceways to the city. The
City has attempted to enhance the commercial development along the southeast side of
Highway 1 through conditional zoning agreements requiring landscaping and limiting signs.
Although that has had some success, most would agree that residential development generally
has more trees and green space when compared to commercial development. He showed
photos of the current landscaping along this portion of Highway 1.
Staff finds that the proposal to change the land use designation of this property from residential
to commercial does not meet the criteria that should be met before an amendment to the
Comprehensive Plan is approved. The criteria state that (1) circumstances have changed and
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 3 of 15
the proposal is in the public interest. Staff finds that even though there has been commercial
development elsewhere on Highway 1, on the northwest side there has been no commercial
development and are concerned that introducing it may have negative effects on the adjacent
neighborhood. (2) The proposed amendment will be compatible with other policies or
provisions of the Comprehensive Plan. In staffs view, development of this property for
commercial uses could be counter to the principle of preserving and stabilizing
neighborhoods. The Comprehensive Plan's policies for commercial development states:
• Use the District Plans to identify appropriate commercial nodes and zone accordingly to
focus commercial development to meet the needs of present and future population.
• Discourage linear strip commercial development that discourages walking and biking
and does not contribute to the development of compact urban neighborhoods;
• Provide appropriate transitions between high and low -density development and
between commercial areas and residential zones.
• Continue to protect our community's historical, environmental, and aesthetic assets.
• Preserve and enhance the entranceways to the city. Consider the appearance of new
development from major entranceways at the time of rezoning.
Staff recommends that an amendment to the Comprehensive Plan, Southwest District Plan, to
change the land use designation for property located at 1160 Highway 1 from Single
Family/Duplex Residential to General Commercial be denied.
Hensch asked if the open space to the north of the subject property is public or private property.
Miklo stated that is currently private property but could possibly be made public in the future.
The current property owner has stated an interest in keeping it as a natural area.
Freerks opened the public hearing.
Brita Russell (3150 51" Street, Marion, Iowa) is the new owner of 1160 Highway 1 West. Her
father passed away in 2011 and her mother passed in March 2017. The reason she is bringing
this rezoning to the table is because her parents had always wanted to have this property
developed as some sort of restaurant or bank or small office building and have that be
accessible to the neighbors. She has talked with the neighbors and they do not a want to have
Edingale Drive extended because it would disrupt the neighborly flow and they currently have a
very nice view of trees and privacy. Russell submitted a concept plan that showed structures
away from the neighbors and also stated she would sign an agreement to say there would be no
convenience store or strip mall. She would not want something that high traffic in that area.
She has been approached by some banks and restaurants that are interested in the area. She
noted that there is a stoplight at the intersection of Highway 1 and the property to help with
traffic flow.
Miklo clarified that the plan that was developed when the Apple Ridge Subdivision was
approved, was for Edingale Drive to be extended for residential development of this property,
and the driveway onto Highway 1 to be closed so this property would not have access to
Highway 1. This would prevent traffic coming through the neighborhood from Highway 1. The
traffic signal was put in to accommodate the traffic to Walmart on the other side of the Highway.
Kristi Waite (1688 Burns Avenue) is supporting the rezoning of 1160 from residential to
commercial.
Chelsea Eldeen (18A East Street, Tiffin, Iowa) also supports the rezoning.
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 4 of 15
Alex Waite (1688 Burns Avenue) supports the rezoning.
Jenny Carhoff (440 Lilac, Tiffin, Iowa) supports the rezoning
Tanya Myers (510 N. Ohio Avenue, Oxford, Iowa) supports the rezoning from residential to
commercial.
Andrew Deivernois (3150 51" Street, Marion, Iowa) supports the rezoning.
Chris Harvena (400 1"Avenue, Coralville, Iowa) supports the rezoning.
William Knabe (1101 Weeber Circle) said that he owns the four acres that are adjacent to the
subject property. He sent in a letter, which was shared with the Commission, stating the
objections he has regarding this proposal. First he would like to voice his appreciation for the
Commission to take these matters into consideration, and would like to say a few things about
the Weeber-Harlocke neighborhood. It is one of the oldest established neighborhood
associations in Iowa City. They have tried as a neighborhood to maintain their boundaries and
their neighborhood as a single-family neighborhood. Over the years they have faced many
serious problems trying to keep people aware of the fact that they are trying to operate as a
single-family neighborhood. There have been many offers of multi and high density dwellings
in the neighborhood and on Benton Hill.
The neighborhood was very thankful that in 2002 the City saw fit to ask all the people of the
west side to join together in the development of what is now called the Southwest District Plan.
There was a series of meetings concerns were hammered out and one of the things that came
out very clearly was the commercial development should be restricted to the south side of the
highway. There has been a long concern regarding traffic issues in their neighborhood with a
lot of high density on Benton Hill. The cooperative housing is now being built on Benton Hill,
which will add to the challenge of getting up and down Benton Hill in the winter time.
Nevertheless the main concerns are that they are trying to preserve their neighborhood.
His wife and he have always had this four acre tract of land and have kept it green and hope to
someday make that into park for the neighborhood to always have. Many people in the
neighborhood expect them to keep that space green and they will do so. The subject property
is also heavily wooded, even though it has a house on it. They would like to continue to
preserve the green space on that hill, they are open to discussions with the City along those
lines, and this is an opportunity to keep the proposed property also green and not commercial.
The objections listed in the letter submitted speak for themselves however Knabe wishes to say
in closing that it is nice that Russell had many of her friends come here tonight to support her,
but none of them live in the neighborhood. There are problems in the neighborhood already
with traffic and don't feel this idea of spot zoning is for the best interest of the neighborhood.
They hope the Commission will vote with the recommendation from Staff and oppose this
particular rezoning.
Hensch asked about the four acres and if Knabe's intention was to not develop it anytime in the
future. Knabe confirmed that would never be developed. He said that it is in a trust.
Diane Hamer (1140 Weeber Street) lives on the corner of Edindale and Weeber Street and
have a large vested interested to not have that street extended. She respects that her neighbor
should have the ability to do with her land what she wishes, It would be better to not affect the
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 5 of 15
rest of the neighborhood with traffic coming through the neighborhood, and absolutely opposes
the proposal before the Commission today.
Angelique Johnson (1024 Weeber Street) stated her home is one of the single-family homes at
the end of the portion where the green space is located. She has a teenage daughter and has
already noticed with the construction on Benton Street they are experiencing a heavy amount of
traffic on Weeber Street. Johnson also opposes the request to rezone this area, she feels like it
will create excess traffic. If the commercial area was a restaurant she is concerned about what
might occur during football season, if there were to be drinking during football games and her
teenage daughter driving in the area.
Paula Ingalls (936 Weeber Street) stated her opposition to the proposed change to zoning and
thinks it would be devastating to the neighborhood, especially for the nearest neighbors. She
would like to see the neighborhood stay a single-family neighborhood and does not want any
commercial buildings where she lives.
Susan Burlingame (1200 Edingale Drive) she is also opposed to this plan and feels it would be
the beginning of the neighborhood turning from single-family owned homes to rentals. She said
that it is currently one of the few moderately priced close -in neighborhoods where one could
afford to buy a home.
Russell Johnson (1024 Weeber Street) stated he moved into this neighborhood because it was
a quiet neighborhood and one night when he heard someone talk about a restaurant and he
worried about drinking and football games. He used to live at 800 Longfellow Place and one
night his doorbell was ringing crazily and when he opened his door it was a drunk student who
started fighting him at his door trying to get into the house. He was in a panic, calling for his
wife to call the police. Eventually he was able to remove the guy from the door and called the
police and found the guy sleeping in Johnson's truck out front. Johnson went told his neighbors
about what had happened as he was very fearful of this type of thing happening again. He then
moved over to Weeber Street because it is a quiet area and is opposed to redeveloping the
area and feels the people who live in the area should have more say than those who don't.
Ted Potter (1124 Weeber Circle) stated that after reading through the report that was with the
meeting agenda the arguments that are related to the Comprehensive Plan, he feels this
proposal is very much opposed to the goals of the Comprehensive Plan. It makes no sense to
him to change this particular parcel. The neighborhood has a really good feel to it and is a great
single-family neighborhood and it ought to be kept that way.
Richard Campagna (1135 Weeber Street) stated he has lived in his home about 18 years. They
have lived in many parts of the US and all over the world and is happy to say this is the place
they have lived the longest. He believes the reason for that is particularly the neighborhood, it is
what first attracted them to the area. He reiterates everything the others in the neighborhood
have said. He particularly likes when his New York family comes to visit and always comment
on the same aspects of this neighborhood, the tree lined area, the friendly feel of the
neighborhood, and the basketball court at the end of Edingale. They love the neighborhood just
the way it is and hopes no changes of this nature are introduced.
Andrew Hamer (1140 Weeber Street) stated his home is the triangle property that pretty much
butts up to property that the proposal for. They bought their property in 2004, it is a lot with a
huge detention basin in it, and they worked with the City closely because there were certain
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 6 of 15
limitations to what they could do with the lot but they wanted to be in this neighborhood. They
take care of the detention basin and the surrounding area. He is opposed to this proposal
because they moved into this area because it was a nice quiet area.
Annie Potter (1124 Weeber Circle) stated she is very sensitive to security issues and the idea of
this area being rezoned and more people being in the neighborhood is intimidating her. The
thought of people going through the neighborhood to get to a bank or restaurant is too much.
She has raised her children in this neighborhood, people are out walking their dogs, people can
be outside and not feel intimidated and she is concerned this change would make it more
difficult for them. Additionally rezoning may be a gain to somebody but believes those in the
neighborhood would lose property value.
Miklo clarified that if this property were zoned commercial, which Staff is not recommending,
Staff would recommend against Edingale being extended so the only traffic would be to
Highway 1. Staff still feels this area is not appropriate to zone to commercial, but wanted to
clarify the traffic concerns.
Roxanna Curto (1034 Weeber Street) is the mother of a five year old and a two and half year
old and bought their house when her five year old daughter was still a baby. The reason they
chose this street was because it was so quiet and there wasn't a lot of traffic and it seemed like
a really nice neighborhood and a great place to raise kids. Curto stated they are extremely
concerned about these changes because they are fully expecting to stay in this home and raise
their kids there and want them to be able to play safely outside. She is very much opposed to
these changes.
Judith Knabe (1101 Weeber Street) remarked about one comment that was made she found
interesting, the comment about not being concerned about people in their neighborhood
because if this proposal was allowed the entrance would be from Highway 1. She wanted to
say that even if people aren't driving through their neighborhood there would be increased foot
traffic around the area if it were commercial.
Rodney Lanaghan (1215 Edingale Drive) noted that even just in the last few months the
transition of traffic on Edingale Drive has become much more dramatic than it used to be simply
because Benton Street has been closed. It has forced a lot of the apartment dwellers to come
down our way and many do not adhere to the speed limits in the area. When Lanaghan backs
out of his driveway onto Edingale he needs to watch out because he could be run into. What
needs to be recognized in this situation is the fact of where are we forcing all the traffic if they
are to go to Highway 1. They will take Edingale down to Sunset to Highway 1.
Duane Musser (MMS Consultants) is representing the applicant and wanted to touch on a few
points. As Miklo stated if this proposal was approved the access would be off Highway 1 and
only off Highway 1, so concerns about increasing traffic in the residential neighborhoods are not
really valid. If this proposal is denied and the development goes through as residential that
would increase the traffic in the neighborhood because the access would be off the end of
Weeber Street. Duane asked Miklo what kind of residential development could occur on this
property.
Miklo explained the options available under the current Comprehensive Plan and zoning. The
property is zoned RS-5, so Edingale could be extended to end in a cul-de-sac on this property.
He estimated that five or six single-family lots could be built there. Another option would be for
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 7 of 15
the applicant to apply for a planned overlay zone, which would still be residential but would
allow the dwellings to be clustered, perhaps into townhouses or a small apartment building.
Miklo noted that would be a zoning process however that would go through the Commission for
approval. Another option might be to up -zone it to a multi -family zone, but again that would
have to go before the Commission for approval and a Comprehensive Plan Amendment. Miklo
reiterated that as of today, without going through a zone change, this property could only be
developed with single-family homes.
Musser added that any of the options that Miklo stated would use the existing access of Weeber
and Edingale, none of those options would have Highway 1 access. Musser then showed a
concept they drafted to preserve the trees and have the commercial building up close to the
highway with parking behind. He stated they are open to a conditional zoning agreement with
regards to hours of operation, etc. If this commercial use is not approved, to develop the land
into five or six single-family lots will cause removal of trees and grading to allow for the
construction of new homes.
Parsons asked how many square feet does Musser anticipate a commercial space being.
Musser said without an actual tenant it is hard to say for sure, but he drafted the concept on a
standard business size with adequate parking and fire truck turnaround.
Miklo noted that Staff didn't spend time reviewing the proposed concept plan as they felt the first
step is the Comprehensive Plan Amendment and decision on whether this property should even
be commercial and Staff felt it should not.
Freerks asked if this area would be considered a grove of trees and if so the replacement rate
for clearing the trees is very different for residential and commercial. Miklo said they currently
do not have enough information about the quality or character of the trees to determine if it
would be a grove.
Barry Matsumoto (1027 Weeber Street) is speaking in opposition to the proposed zoning
change and is concerned about the access to the property and impact to Edingale. Additionally
if this proposal goes ahead, there will be an adverse effect on the residential properties that
abut the commercial property. Matsumoto noted in a former life he was a lawyer and
represented developers and probably would have been on the other side of this issue. He has
participated in rezoning projects that did put commercial properties abutting residential and
there was always concern by the neighbors of the impact. It is an understandable concern.
Roxanne Walder (1027 Weeber Street) has lived in her home for over 22 years and the reason
she chose that house was location, location, location. It is one of the nicest west side
neighborhoods that is in close proximity to the University and (at that time) to Roosevelt School
and Horn Elementary School. On football Saturdays there is an increase in traffic already due
to the location. Walder stated she has enjoyed this being a residential area and would like to
see it remain residential.
Alex Waite (1688 Burns Avenue) noted he was just informed that a Comprehensive Plan never
expires, it just gets amended and changed as time goes on. He admits he doesn't live in the
neighborhood but has been in the neighborhood many times. He noted a lot of us want to keep
our neighborhoods the way they are and have been forever but that is not realistic, cities grow
and change. It seems to him that the land right along Highway 1 is going to become immensely
valuable as Iowa City grows and changes. People are going to want to exploit the value in that
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 8 of 15
land and who has the right to tell them they can't. The fact is someday that land is going to be
developed and the little forest along Highway 1 will not be there for eternity. Some neighbors at
some point are going to have to be willing to make that change. Russell's parents left her that
land for the purpose of allowing her to exploit the value of it as their legacy. Waite questions
why the public has the right to tell her she can't and she just has to sit on it and keep it a forest
because her neighbors want to keep their neighborhood the way it is right now forever. That is
not fair and it is not right. Therefore he supports rezoning the land to commercial.
Kristi Waite (1688 Burns Avenue) listened to everyone speak and understands. Iowa City is
categorized into neighborhoods but as a resident of Iowa City she likes to look at the town as a
whole. Listening to the residents talk about just the west side is a bit off-putting. She
understands their concerns but doesn't think they were listening well enough because there will
be no traffic going through their neighborhood. Russell is not a developer that is planning to go
onto the land and rip out all the trees, this area is her land and her legacy, and she has the best
intentions for this project.
Diane Hamer (1140 Weeber Street) had a question about how close the driveway to this
property was to her property line. Miklo stated he estimated that it was at least 100 feet from
her house, but he did not know how far from the property line.
Susan Burlingame (1200 Edingale Drive) noted that even if this were approved and the access
was on Highway 1 it would still add traffic to their streets because people would go through their
streets to get to Highway 1 to get to the restaurant or whatever business it is. She feels a lot of
neighborhoods have been ruined by having this type of thing incorporated into them. She feels
there aren't that many moderately priced, well -kept up neighborhoods like this left in the City. If
this proposal is approved, people will sell and it will become student rental properties and there
will be a lot of development along Highway 1.
Chelsea Eldeen (18A East Street, Tiffin, Iowa) understands the concern about commercial
property being close to residential properties however questions that literally right across the
highway from this location is one of the biggest department stores. So if there isn't currently a
bunch of traffic going through the neighborhood to get to Walmart she doesn't understand how a
tiny little bank or tiny little restaurant would increase the traffic flow through this nice
neighborhood to such a degree it would be unbearable. She does not understand that logic.
Paula Ingalls (936 Weeber Street) stated that she believes the landowner is not a fault for trying
to exploit this land for her purposes however doesn't believe it should be exploited at the
expense of the neighbors. While many have lived in that neighborhood for a long time (she has
been there almost 25 years herself) the developer cannot even say what type of industry might
be going into the property if this is approved. It could be a gas station, a bar, a half -way house
or anything else and while it might seem very benign to approve something like this it could
have very adverse effects that are unforeseen at the present time.
Signs asked for clarification that the proposal for the commercial use would have access solely
off Highway 1. Miklo stated that is what Staff would recommend. So the alternate is if it stays
as residential is to extend Edingale into a cul-de-sac for residential purposes. Freerks
confirmed that it could be up to five or six single-family homes.
Martin asked if there were any good neighbor meetings held. Miklo believes the Brita Russell
did visit some of her neighbors but there was no written report about a good neighbor meeting.
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 9 of 15
Duane Musser (MMS Consultants) said they discussed holding a good neighbor meeting and
were going to set one up but based on the Staff report decided not to do so with anticipation if
they have to go a different route and rezone it for a possible higher residential density a good
neighbor meeting would be held then.
Richard Campagna (1135 Weeber Street) stated that the point made by Signs was that neither
of these proposals are desirable because the residential plan almost definitely seems to have
more access from Weeber and off Edingale. He also noted that over the years since Walmart
and other commercial developments came in on the other side of the highway home insurance
and auto insurance for their residents are slowly but consistently creeping up and he is told it
has to do with the commercial development in the area.
Ted Potter (1124 Weeber Circle) added one more point that if this property is developed into
single-family homes they will have a vested interest in keeping the property kept up and keeping
the neighborhood quiet and desirable. He added there is nothing against neighborhoods on the
east side, but noted others have said when commercial came in close to neighborhoods on the
east side it changed the character of those neighborhoods. Due to the proximity to the Hospital
and University it is very desirable to keep this as a single-family neighborhood.
William Knabe (1101 Weeber Circle) noted in the letter he wrote the Commission he discussed
spot rezoning, and this is definitely an example of spot rezoning, and the definition states that
one engages in spot rezoning only for the purpose of improving or gaining the neighborhood
support. That is very important. Even though it was mentioned that Walmart is across the
highway, it is not adjacent property and this is a single isolated piece of property. He also
pointed out that the only proposal before the Commission has to do with commercial
development even though the conversation has been clouded by talk of multi -family and high
density that will require another day and another speech from him.
Chelsea Eldeen (18A East Street, Tiffin, Iowa) added that having been a property casualty
insurance agent, licensed in ten different states including Iowa, she can confidently say that
insurance rates go up for multiple different reasons, not just want is around someone, including
inflation. So having a small bank in one's backyard is likely not going to contribute to rates
going up.
Freerks closed the public hearing.
Hensch moved to approve the amendment to the Comprehensive Plan for the Southwest
District to change the land use designation of property located at 1160 Highway 1 from
Single Family/Duplex Residential to General Commercial.
Parsons seconded the motion.
Hensch noted that the Commission just spent several meetings discussing the amendment to
the Comprehensive Plan for the Dubuque Street area and focusing on having an entry to the
city that is beautified and takes a positive advantage of the natural resources. During those
discussions it was noticed a shortage of attractive entryways that express the positive view of
Iowa City. For decades he has driven down Highway 1 and admired the trees along the road
and wished that would be extended and lamented the fact that was destroyed to create certain
neighborhoods and feels they shouldn't allow any more loss.
Freerks read through the application carefully and with Comprehensive Plan items it is important
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 10 of 15
to look at them carefully because lots of discussion, thought, and community interaction went
into creating these Plans originally. To create a change, what they really need to look at is if
circumstances have changed. She doesn't feel that any of the requirements that are outlined
for a Comprehensive Plan change have been met. Yes there has been some additional
development in the area but if we say that is enough to create a change like this then such a
change could happen anywhere. The Commission has to look at what is right for this particular
space. Of course the owner has the right to develop their property, but for now she agrees with
what the Comprehensive Plan has outlined and to keep this area residential.
Signs stated that this is a small piece of land surrounded by residential. He is unsure if this
crosses the threshold of spot zoning but it certainly is a small piece surrounded by residential
and the Comprehensive Plan calls for it to be residential. However he always cautions people
who move into areas that back up to green space that unless you own that green space you
have no control over what is going to happen to space. The reality is whether it is commercial
or something else this piece of property is going to be developed. That being said, his
inclination is that this is a small piece of property surrounded by residential and should stay
residential.
Martin agreed with Signs and added that once zoning is changed to be commercial, no one can
really dictate what goes on that property as long as it falls into what is allowed in the commercial
zone. There has been so much thought by staff and the community on the Comprehensive Plan
and these issues are not taken lightly. Martin feels there would need to be some very
compelling argument as what would happen to this area with a commercial zone, what the
benefit would be, is it for the good of Iowa City.
Dyer stated there is very little close -in property on the west side that can be developed for
residential and to give it up is something she feels they are not prepared to do at this time.
There are large multi -family developments in that neighborhood and this parcel has managed to
stay relatively undeveloped and should be kept residential.
Parsons agrees that he just doesn't see enough of an argument to make a change to a
Comprehensive Plan.
A vote was taken and the motion was denied 6-0.
REZONING ITEM (REZ17-00013):
Discussion of an application submitted by Jesse Allen with Aspen Ventures, for a rezoning of
approximately .20 acres from Central Business Support (CB-5) zone to Central Business
Support with a Historic Preservation Overlay (CB-5 / OHP) zone located at 10 South Gilbert
Street.
Bochner presented the Staff report, noting that the property is located at the corner of Gilbert
Street and Iowa Avenue and is the former Unitarian -Universalist Church. The zoning is
currently Central Business Support (CB-5) and the applicant, Jesse Allen, has applied for
Historic Landmark Designation for this building. Designation of the property as a landmark will
require Historic Preservation Commission approval of any significant changes to the exterior of
the building. It also makes the property eligible for some zoning incentives.
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 11 of 15
Landmark Designation is a zoning overlay and therefore requires a recommendation from the
Planning and Zoning Commission to City Council. The Commission's role is to review the
proposed designation based on its relation to the Comprehensive Plan. On July 31 the Historic
Preservation Commission reviewed the significance of this property and they found that the
property met the criteria for Landmark Designation based on its significance to Iowa City, its
integrity of location and design, and its distinctive architectural characteristics. The Unitarian
Church was built in 1907 and it is a Tudor -Revival style. Following Unitarian -Universalist beliefs,
the church is built in a residential style and does not include ecclesiastical exterior elements
such as a steeple. A circa1954 addition to the south of the original building was removed in
2016 and the historic part of the building has retained a high level of historic integrity. Bochner
showed a couple of photos of the building.
This property is located within the Downtown District of the Downtown and Riverfront Crossings
Master Plan. One of the objectives of this district is to protect its historic character and preserve
historic buildings. The Downtown and Riverfront Crossings Master Plan indicates that density
bonuses, waiver of parking requirements, and other incentives may be appropriate to encourage
preservation of historic buildings in the Downtown District. Development of the property to the
east, currently the City's parking lot, may receive a density bonus in exchange for preservation
of the Unitarian -Universalist Church.
Staff recommends that REZ17-00013 an application to designate 10 Gilbert Street as an Iowa
City Historic Landmark and rezone from CB-5 to CB-5/OHP (Historic Preservation Overlay) be
approved.
Parsons asked if the Historic Preservation Committee approved this at their meeting and Miklo
confirmed that they had.
Freerks opened the public hearing.
Ginalie Swaim (1024 Woodlawn Ave) is the chair of the Iowa City Historic Preservation
Committee and they did vote unanimously for the overlay zone and landmark designation. She
added they wished to thank Jessie Allen, City Staff, and City governing bodies for carefully
working over many months to find a solution to a problem that is becoming common. What to
do when a congregation outgrows their historic building downtown. She feels this is an
opportunity and an ability to take pride in this downtown church building at 10 South Gilbert
Street. It does not look like a typical church but that is actually its significance. Cynthia Grant
Tucker, a professor in Tennessee, has studied this church and has identified a clerical
sisterhood of Unitarian -Universalist women ministers including Eleanor Gordon from Iowa City
who championed viewing a sacred space from a women's perspective. They wanted
economical buildings, buildings that were not ecclesiastical looking or hierarchical and that
would symbolize and support women's work in the Church. This includes women's work in
church kitchens, guild groups, planning and organizational administrative positions, and deacon
and the pulpit as well. Swain reiterated that Iowa City is very fortunate to have this real gem in
our city, it is a small building but with a big story and is grateful for everyone trying to preserve it.
Kristin Wildensee (1710 Ridge Road) has been a member of the Unitarian -Universalist
congregation since the very early 1970's. Her family has always been very involved in this
Unitarian congregation and her parents have a history of leadership and committee work in the
Unitarian -Universalist society. The congregation has left this building at 10 South Gilbert Street
and is nearing completion on the new congregation building in Coralville. It will be the greenest
church in Iowa with many many sustainability features incorporated. She wanted to speak
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 12 of 15
today about the historic character of the building and is thankful there is support to preserve
historic buildings in Iowa City.
Alicia Trimble (Friends of Historic Preservation) added that some of the earliest settlers in Iowa
City were actually Unitarians, which was rare back then, and may be a reason Iowa City has
been forward thinking. As Swaim stated there is a long history of women ministers in this
Church, some who were the first in the United States, and this Church also architecturally
represents a change in Unitarian thought (and other religious thought) or moving from a top -
down hierarchy to more of a community setting. This building represents that, it looks like a
house and not a church and people began to meet on an equal basis here. This entire
development showed great work between the City, developer, the Church, the community and
the result will save a historic building and build a great development.
Freerks closed the public hearing.
Hensch moved to recommend approval of REZ17-00013 an application submitted by
Jesse Allen with Aspen Ventures, for a rezoning of approximately .20 acres from Central
Business Support (CB-5) zone to Central Business Support with a Historic Preservation
Overlay (CB-5 1 OHP) zone located at 10 South Gilbert Street.
Martin seconded the motion.
Hensch stated that he has long admired this building and appreciates learning more about its
history.
Parson noted that last year when the application came through to develop the land around this
building had two options, be designated historical or be demolished. He is glad to see the
historical designation come to fruition.
Signs and Freerks both comment on the cooperative process to make this development and
historical designation happen.
Dyer voiced her disappointment at the scale of the building being constructed in the new
development. She added she was involved in a feminist reunion at this church a few weeks ago
and learned that the Unitarian Church was the only place women could gather to dance in the
70's.
A vote was taken and the motion passed 6-0.
DEVELOPMENT ITEM (SUB17-00013):
Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of
Brookwood Pointe Fifth Addition, a 4.92-acre, 18-lot residential subdivision located on Terrapin
Drive and Covered Wagon Drive.
Miklo stated this is the final addition of the Brookwood Pointe subdivision and was initially
approved in 2005. Since then parts 1-4 have been final platted and are mostly developed with
single family dwellings. There are a few vacant lots remaining in part 4. The preliminary plat for
Brookwood Pointe Fifth Addition, has expired (preliminary plats expire after 24 months unless
the applicant seeks an extension from the City Council). The expiration provision is in the
subdivision regulations to help assure that subdivisions comply with any significant changes to
City policies or regulations. In this particular case there have been no significant changes to the
Planning and Zoning Commission
August 3, 2017— Formal Meeting
Page 13 of 15
zoning or subdivision regulations that would affect the design of this subdivision
The subdivision would include the extension of Terrapin Drive and Covered Wagon Drive to
eventually connect to Sandhill Estates. The preliminary plat is the same as the original
submitted and approved in 2005, there may be a few lots that need special attention due to
Hydric Soils and drainage (and that may also apply to the streets) but there are no other
sensitive areas on the property. There is a stormwater basin in Part 1 that was designed to
handle stormwater for the entire subdivision. There are some infrastructure fees that will need
to be paid to the City before a building permit is issued, however the neighborhood open space
fees were paid with the initial subdivision fees.
Staff recommends approval of SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 18-lot, 4.92-acre residential subdivision located on Terrapin Drive and Covered
Wagon Drive.
Freerks opened the public discussion.
Grant Finch (VJ Engineering) came forward on behalf of Steve Kohli Construction to answer any
questions the Commission might have.
Freerks asked how quickly he thought the construction would move along. Finch replied as
soon as possible.
Kim Broadhurst (1437 Wetherby Drive) stated that the RS-5 portion of section 5 is directly in her
backyard and commented on how parts 1-4 have already impacted their neighborhood. With
the development of Terrapin Drive on up there has been a dramatic increase in traffic.
Additionally with the addition of Russell Drive going all the way down to Langenberg it is a
complete throughway - it is a lot of traffic. At the intersection of Wetherby Drive and Russell
Drive, there are yield signs on Russell Drive (north/south road) and Wetherby Drive (east/west)
has the right-of-way but a lot of people really don't pay attention to the yield signs. Somebody
will get t-boned there someday and it would probably benefit being converted to a stop sign.
She also wanted to say she is not opposed to this development and would actually like to see it
developed sooner rather than later because now her view is four feet high weeds in her
backyard.
Miklo commented that Staff received an email earlier in the week also with concern about the
intersection and the yield signs. That email was passed along to the transportation planners.
Freerks closed the public discussion.
Dyer moved to approve SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 18-lot, 4.92-acre residential subdivision located on Terrapin Drive and
Covered Wagon Drive.
Parsons seconded the motion.
Hensch noted his disappointment with the cul-de-sac design.
Martin commented that it was good the traffic issues and stop sign was brought up.
A vote was taken and the motion passed 6-0.
Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 14 of 15
CONSIDERATION OF MEETING MINUTES: JULY 20, 2017
Parsons moved to approve the meeting minutes of July 20, 2017 with edits.
Hensch seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Signs moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 6-0.
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