HomeMy WebLinkAboutP&Z Packet 01-04-18.docMINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 21, 2017 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo,
OTHERS PRESENT: Karl Madsen, Glen Meisner, Kevin Burrow, Sam Ray, Joe
Murphy, Curt Moore, Paul Ellis, Mark Nelson
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-1 (Signs dissenting) the Commission recommended approval of REZ17-00018, a
proposal to rezone approximately 0.52 acres of property located at 703, 705, and 709 S.
Dubuque Street from Commercial Intensive (Cl-1) zone to Riverfront Crossings-Central
Crossings Subdistrict (RFC-CX) subject to landscaping and fencing be provided between the
building and the railroad and additional rooftop open space.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00018):
Discussion of an application submitted by Whistler Apts., LLC, for a rezoning of approximately
.52 acres from Intensive Commercial (CI-1) zone to Riverfront Crossings- Central Crossings
(RFC-CX) zone located at 703, 705, and 709 S. Dubuque Street.
Bochner presented the staff report beginning by noting where the property is located. The
current zoning of Intensive Commercial is intended to provide areas for sales and service
functions whose operations are characterized by outdoor display and storage of merchandise,
repair and sales of large equipment or motor vehicles, outdoor commercial amusement and
recreation activities, or operations conducted in buildings that are not completely enclosed. Due
to the potential for noise, dust, and odors from uses allowed in this zone, residential uses are not
allowed in this zone. However, the subject property includes one non-conforming residential
building.
The applicant is proposing to rezone this property to the Riverfront Crossings Central Crossings
Subdistrict which is intended for moderate intensity mixed use development in buildings with
entries opening onto pedestrian friendly streets and sidewalks. This zone is intended to provide
a variety of types of housing, along with a mix of retail uses. This zone allows most of the uses
permitted in the Central Business Support (CB-5) Zone, such as eating establishments, office
uses, and retail and service uses, along with residential uses in a variety of building types,
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December 21, 2017 – Formal Meeting
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including apartment buildings, townhouses, and mixed-use buildings. The maximum building
height in this zone is four stories. The applicant intends to build a four-story apartment building
that contains 28 one-bedroom units, 21 two-bedroom units, and 6 three-bedroom units.
Vehicular access will be provided from a recessed entrance on the Dubuque Street
frontage, a primary street. Normally in the Riverfront Crossings Central Crossings zones
parking should be accessed from alleys, rear lanes, or secondary streets. However, if this type of
access is not feasible, access to a primary street may be granted by the Form Based Code
Committee and a request for a curb cut will need to be approved by the City Engineer.
Rezoning from Intensive Commercial to Riverfront Crossings Central Crossings is consistent with
the Downtown and Riverfront Crossings Master Plan. The Central Crossings District portion of
the master plan indicated that this area would become a Station Plaza, in anticipation of a
regional Amtrak station along the Iowa-Interstate Rail Line. However, due to changes in federal
and state direction, Amtrak passenger rail through Iowa City is unlikely anytime soon and light
rail on the CRANDIC line is not planned for the near future. Because of these changes, the
Station Plaza will not be developed as described in the Riverfront Crossings Master Plan.
However, the City still plans to maintain some open space at this location. The City has
maintained ownership of a 10' vacated right of way located directly behind the subject property.
This area, combined with the 10' rear setback of the subject property and the setback of any
redevelopment on the adjacent University parking lot, will become at least a 30' wide landscaped
courtyard that will provide pedestrian access to the building from the west.
Although development plans for this specific area have changed, this rezoning complies with the
general character of the Central Crossings Subdistrict. The development of a four- story, 55-unit
apartment building contributes to the high-density, pedestrian friendly character that the
Downtown and Riverfront Crossings Master Plan intends for the Central Crossings Subdistrict.
In terms of its use, the proposed building will be compatible with the neighbors which are
commercial properties and multi-family housing. The subject property abuts the Iowa Interstate
Railroad, which could present noise concerns for the residents of the proposed building. To
mitigate this noise, the applicant has agreed to use materials such as masonry construction and
laminate windows to help minimize the impact of railroad noise on the interior of the building.
Additionally, the site plan includes a fence along the north side of the building, which will be
supplemented with landscaping to provide screening.
The streets are already in place for this block, which will provide for adequate traffic circulation.
The applicant intends to provide two levels of below grade parking, the proposed 69 parking stall
exceeds the minimum requirement for parking in this zone. Additionally in the Riverfront
Crossings Zones projects with residential uses are required to provide 10 square feet of useable
open space per bedroom, because this proposal has 88 bedrooms they are required to provide
880 square feet of useable open space, indoor activity space can count for up to 50% of the
useable open space. The proposed building includes a 560 square foot patio on the ground floor
and a community indoor activity room which is 320 square feet on the fourth floor. There will
also be a roof terrace that will be shared outdoor space but because the roof terrace is not at
least 20’ wide it does not meet the standards to be counted towards the required useable open
space.
Staff recommends approval of REZ17-00018, a proposal to rezone approximately 0.52 acres of
property located at 703, 705, and 709 S. Dubuque Street from Commercial Intensive (Cl-1) zone
to Riverfront Crossings-Central Crossings Subdistrict (RFC-CX).
Parsons asked if there were any specific requirements stated for the fencing that will be located
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December 21, 2017 – Formal Meeting
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along the Iowa-Interstate Railroad. Bochner noted the fence is not required, it is just something
the applicant said they would be installing for safety and to mitigate potential noise issues.
Freerks is interested in hearing from the applicant regarding the roof top terrace and perhaps
making it larger to add to the open outdoor space for tenants of the building.
Freerks opened the public hearing.
Karl Madsen (Whistler Apts., LLC) stated the project will be called Breckenridge
Apartments, LLC. Madsen commented about the open space on the rooftop, it will be
similar to what they have at the Whistler Apartments on Iowa Avenue, but it is
premature to know exactly how it will work. At this time they have mapped out the mass
and scale of the building but haven’t drilled down the details of the layout of the units,
etc. Madsen noted that on the ground floor open space there would not be any
windows on the adjacent units looking out into the open space so there would not be
privacy issues for those tenants.
Freerks noted that even with no windows facing the ground level outdoor area, noise
could still be an issue for the tenants and having a rooftop terrace would be better.
Glen Meisner (MMS Consultants) discussed the Des Moines Street to the north of the
proposed building, it is not currently used as a vehicular street and the railroad has the
rights to that street.
Kevin Burrow (Knothe & Bruce Architects) remarked about the open space calculations,
what is shown on the first floor does meet the requirements with the 20 feet and is sited
on both sides of one bedroom apartments with all the windows and orientation to the
north. Given that it will be a courtyard, they may consider doing some clear story
windows to let some light through but not to allow any visual connection. As for
concerns about noise, the wall will be exterior walls and they can add masonry to them
to mitigate any noise. Burrow said they are meeting the requirement of the open space
by also including the fourth story community space, and noted there will be an outdoor
patio off that community space, but the depth of the patio will only be 10 feet, but will be
60 feet in length.
Freerks acknowledged that they have met the minimum requirements but did ask if the
applicant could consider doing a bit more, maybe not making the terrace 20 feet wide,
but more than 10 feet.
Signs asked if there was a patio on both the north and south sides of the building in the
indentations. Burrow replied that on the first floor there is (but only the north one would
be accessible to all tenants of the building).
Hensch noted that the Des Moines Street could become an attractive nuisance if
tenants have access to it and may use if for parking. Hensch suggested the applicant
use landscaping and a fence to block off access to that area.
Theobald requested they look at fencing for a safety factor, people often cross the
tracks in areas that are not meant to be crossed and it is very dangerous.
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December 21, 2017 – Formal Meeting
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Signs asked where the access to the ground level open space comes from. Burrow
noted the one to the north has a public connection with a sidewalk but there is no
access to the patios from the interior of the building.
Signs asked if they had considered doing a rooftop terrace. Burrow noted that would
convert the structure to a five-story structure and they would need stair and elevator
access to the rooftop. The five-story structure would be in violation of the zoning. Miklo
noted that elevator height might be exempt from the height limits and can look into that if
the applicant is interested.
Freerks closed the public hearing.
Hensch moved to recommend approval of REZ17-00018, a proposal to rezone
approximately 0.52 acres of property located at 703, 705, and 709 S. Dubuque Street from
Commercial Intensive (Cl-1) zone to Riverfront Crossings-Central Crossings Subdistrict
(RFC-CX).
Parsons seconded the motion.
Freerks wanted to add having Staff discuss with the applicant creating a larger open space on
the fourth floor or perhaps a rooftop area.
Hensch added an amendment require blocking access to the Des Moines Street area with
fencing and landscaping. Theobald seconded the motion.
Freerks noted that when they created the Riverfront Crossing area idea, there was a lot of talk
about rooftop open areas because of the large footprints of the buildings.
Signs added he is concerned about a lack of greenspace and pedestrian walkways as well. He
feels other Riverfront Crossings projects the Commission has seen felt more pedestrian friendly
and this proposal does not. He noted the rendering of the building is very nice, and the Whistler
on Iowa Avenue is very nice, it just feels like a very large building with not much amenity to it.
Hektoen noted that the amendments really aren’t conditions of a zoning item. Perhaps this item
should be deferred and the applicant can come back with new renderings after working with
Staff.
Hensch added an amendment to increase the fourth floor outdoor patio to a minimum
depth of 15 feet, or add the additional outdoor space on the rooftop. Theobald seconded
the amendment.
Theobald questioned the possibility of rail service in the future and would this development
cause an issue. Miklo stated that rail service is not likely in the near future, but there would be
40 feet of right-of-way of green space through the middle of the block. He noted that additional
open space and parking to serve any future passenger rail service may be possible on the land
owned by the University on the western part of this block.
Signs asked if there was any interest among the Commission to defer this item to have the
applicant come back with an updated proposal. Overall there was not.
A vote was taken on the motion as amended, it passed 5-1 (Signs dissenting).
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December 21, 2017 – Formal Meeting
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REZONING ITEM (REZ17-00017):
Discussion of an application submitted by University Lake Partners II, LLC, for a rezoning of
approximately 53.29 acres from High Density Single Family Residential (RS-12) zone to Planned
Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately
50.11 acres and Commercial Office (C0 -1) zone for approximately 3.18 acres, located south of
1-80 west of Prairie Du Chien Road.
Miklo noted this property is located directly south of Interstate 80, west of Prairie Du Chien, and
the future extension of Foster Road will go along the southern part of this property. Miklo stated
the Comprehensive Plan for this area calls for Foster Road to be constructed to connect
Dubuque Street to Prairie Du Chien Road. When the City installed a water main a number of
years ago they graded the site for a street and acquired the right-of-way. Miklo noted the
Comprehensive Plan acknowledges the rugged topography of this area, it contains woodlands,
steep and critical slopes, and some protected slopes and wetlands. Therefore the Plan called for
clustering development away from those sensitive areas up towards Foster Road, additionally
clustering development would help to maintain a 300 foot buffer from the interstate and
residential uses. The Plan also called for the opportunity of development of office or institutional
use at Prairie Du Chien, again to not put residential right up against the interstate.
Miklo stated the Commission received a packet that showed the sensitive areas, almost all of the
property is woodlands with wetlands and steep slopes. The proposal shows a clustering of
development away from those areas leaving a large 23 acre portion as an outlot for open space.
Iowa City Parks & Recreation Commission will look at the space to see if they want to have any
of it dedicated to public open space or if it should be maintained by a homeowners association
as private open space. The proposed development has five development lots. Lot 1 would be
zoned Commercial Office (roughly 3 acres), Lot 2 would contain seven dwelling units in a
townhouse fashion that would have access to Foster Road, Lot 3 would contain a 53-unit senior
housing cooperative, Lot 4 would contain a series of townhouses with thirty some units, and Lot
5 would contain a series of townhouses on the south side of Foster Road. Miklo stated that
overall when you look at the entire property it translates to a density of approximately 2.5 units
per acre. It is noted in the Comprehensive Plan that the current RS-12 Single Family High
Density zoning was perhaps too dense for this rugged area and suggested it be zoned for a
lower density. The proposal achieves the lesser density even through it would still be zoned RS-
12 the overall density would be comparable to what is typically seen in a RS-5 zone.
Parsons asked why it was zoned RS-12 because it feels odd for developers to want to down-
zone an area. Miklo noted it is not a down-zoning, it will retain the RS-12 zoning and where the
units are built it will be 8-12 units per acre, which is typical of a RS-12 zone. Miklo stated this
area has been zoned RS-12 since 1983.
Miklo said that the Comprehensive Plan notes the expense of building Foster Road may be too
much for a developer given the limited development potential and indicates some possibility of
City financial assistance. Miklo stated the applicant may seek Tax Increment Financing to help
construct the road and that would be in compliance with the Comprehensive Plan. There would
be some great benefits to the overall public to have Foster Road extended, it would help improve
traffic circulation in the northern part of the city and for traffic coming in off Prairie Du Chien it
would relieve the traffic on other streets.
In terms of the planned development, the idea is to cluster the development that might otherwise
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December 21, 2017 – Formal Meeting
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occur in the sensitive areas into smaller pockets. There are series of criteria a planned
development must meet that are outlined in the staff report, and staff feels those are generally
met in this proposal. The proposed plan also respects the sensitive area on the site and adheres
to required buffers with the exception of a few locations where they are requesting buffer
averaging, which means they would increase the wetland buffer in certain areas where it is more
crucial and reduce the buffer area in other areas. In no place would the buffer be less than 50
foot. Additionally the grading of steep slopes is minimal and there is no encroachment into the
protected slopes.
Miklo stated there is some information Staff has not yet reviewed with the application, the
wetland delineation information from the Corp, stormwater management has not been addressed
yet, and the necessary plat will also need to be reviewed by the Commission.
Staff recommends deferral of this application pending resolution of deficiencies noted in the Staff
Report.
Parsons asked about the 100 foot gas pipeline that cuts through the property. Miklo showed the
easement for the gas pipeline that crosses the property and the development will not encroach
into that at all.
Hensch asked if the applicant is able to receive Tax Increment Financing for this project if there
are affordable housing implications. Hektoen replied that yes, affordable housing would be
required.
Dyer asked about removal of trees. Miklo stated the applicant is proposing to remove about 25%
of the woodlands, they are required to preserve 50% and they are preserving 75%.
Freerks opened the public hearing.
Sam Ray (HBK Engineering) is representing the applicant and came forward to answer any
questions.
Hensch asked about the senior housing area. Ray said the intent is for it to be independent
living apartments.
Dyer asked if the intent is to develop all five lots at once. Ray said that was correct.
Freerks asked if there were tenants for lot one, the office area. Ray said currently they have not
figured that out.
Joe Murphy (Iowa City) questioned the Tanglewood Street/Ventura Avenue area and if there
would be street access to that area from this new development. Miklo replied there would not.
Murphy said he supported the proposal.
Curt Moore (Dubuque Street north) stated he is in favor of this proposal and it should be
expedited as it should have been done 20 years ago. Linder Road is a terrible road to handle all
the traffic.
Paul Ellis (Caroline Avenue) feels overall it is a fantastic plan his concern is lot one being a
commercial lot and adding commercial traffic to Prairie Du Chien. As of the last DOT survey,
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December 21, 2017 – Formal Meeting
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Prairie Du Chien already handles over 2500 cars per day. All the other properties along Prairie
Du Chien are residential and it should all remain residential. A Commissioner responded that it
the goal was to not put housing adjacent to Interstate 80 because of the health effects of high
noise levels and fumes.
Mark Nelson noted he has a vested interest in the senior living part of this development and is
unsure what the deferral will mean with regards to a time table. Freerks noted that a deferral this
evening would not set back the timeline any further because the plat for the area also needs to
be approved and the applicant has not yet submitted the plat. Hetkoen noted that giving a
definite timeline is difficult because there are quite a few factors including if a Tax Increment
Financing situation arises.
Freerks closed the public hearing.
Hensch moved to defer until January 4, 2018, the request to a rezoning of approximately
53.29 acres from High Density Single Family Residential (RS-12) zone to Planned
Development Overlay/High Density Single Family Residential (OPD/RS-12) for
approximately 50.11 acres and Commercial Office (C0 -1) zone for approximately 3.18
acres, located south of 1-80 west of Prairie Du Chien Road.
Parsons seconded the motion.
Freerks noted this will be a fabulous addition to the community once all the details are taken care
of. It is nice to see how much green space will be retained.
Signs asked if Staff could get data on the Prairie Du Chien traffic and how this development may
impact it.
Parsons asked about the landscaping buffer noted on the plan and asked if they can see
specifics on that due to disappointing landscaping results in the past.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: DECEMBER 7, 2017
Hencsh moved to approve the meeting minutes of December 7, 2017 with edits.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Parsons moved to adjourn.
Signs seconded.
A vote was taken and motion carried 6-0.
PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017 4/20 5/4 5/18 6/1 (W.S) 6/7 6/15 7/6 7/20 8/3 8/17 9/7 9/21 10/5 10/19 11/2 12/7 12/21 DYER, CAROLYN X X O/E X X X X X X X X X X X O/E X X FREERKS, ANN X X X X X X X X X O/E X X X X X O/E X HENSCH, MIKE X X X X O/E X X X X X X X X X X X X MARTIN, PHOEBE O/E X X X X O/E X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X O/E X X X X X X SIGNS, MARK X X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member