HomeMy WebLinkAboutP&Z Packet 1.3.19IowaCity
Planning&ZoningCommission
FormalMeeting
Thursday,January3,2019
7:00PM
EmmaHarvatHall–CityHall
DepartmentofNeighborhood
and
DevelopmentServices
PLANNING AND ZONING COMMISSION
January 3, 2019
Formal Meeting – 7:00 PM
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
AGENDA:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
4. Rezoning / Development Items:
a. Discussion of an application, submitted by IC Housing Group, LLC, for a preliminary plat of
Tegler Second, an 8.56 acre, 2-lot residential subdivision with 1 outlot for future
development located at 4643 Herbert Hoover Highway. (SUB18-00016)
b. Discussion of an application, submitted by Bedrock, LLC, for a rezoning of approximately
18.03 acres from Interim Development Multi-family Residential (ID-RM) zone to Planned
Development Overlay/Low Density Single-family Residential (OPD/RS-5) zone, Planned
Development Overlay/Low Density Multi-family Residential (OPD/RM-12) zone and
Neighborhood Public (P-1) zone and a preliminary plat of Cherry Creek subdivision, a 20-
lot, 18.03 acres subdivision located east of S. Gilbert Street and south of Waterfront Drive.
(REZ18-00024 / SUB18-00017)
c. Discussion of an application, submitted by Allen Development, for a rezoning of
approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road
and Highway 1 from Interim Development-Research Park (ID-RP) to Highway Commercial
(CH-1). (REZ18-00022)
5. Consideration of Meeting Minutes: December 20, 2018
6. Planning & Zoning Information
7. Adjournment
If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban
Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time
to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: January 17 / February 7 / February 21
Informal: Scheduled as needed.
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Jesi Lile, Associate Planner
Item: SUB18-00016 Date: January 3, 2019
Tegler Second Subdivision
GENERAL INFORMATION:
Applicant: IC Housing Group, LLC
366 South 10th Avenue
PO Box 727
Waite Park, MN 56387
320-202-3100
mscarr@sancompanies.com
Contact: Megan Carr
366 South 10th Avenue
PO Box 727
Waite Park, MN 56387
320-202-3100
mscarr@sancompanies.com
Property Owner: Lyle Mark & Betsy Larson
22780 Hope Dale Avenue
Parker, CO 80138
847-858-3888
larsonmbjk@gmail.com
Requested Action: Approval of preliminary plat
Purpose: Construction of a multi-family affordable housing
building and a senior housing building
Location: 4643 Herbert Hoover Highway (Rochester Avenue)
Location Map:
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Size: 7.41 acres
Existing Land Use and Zoning: Low Density Multi-Family Residential (RM-12)
Medium Density Multi-Family Residential (RM-20)
Interim Development – Single Family Residential
(ID-SF)
Surrounding Land Use and Zoning: North: Residential (County-R)
South: Multi-Family Residential (County-RMF);
Residential (County-R);
Commercial (County-C)
East: Residential (County-R)
West: Community Commercial (CC-2);
Commercial Office (CO-1);
Mixed Use (MU)
Comprehensive Plan: Residential, 2-8 dwelling units per acre
Neighborhood Open Space District: Northeast District Plan; Open Space
File Date: November 29, 2018
45 Day Limitation Period: January 14, 2019
BACKGROUND INFORMATION:
The applicant, IC Housing Group, LLC is requesting approval of the preliminary plat for Tegler
Second Subdivision, a 2-lot subdivision, which includes 2 multi-family residential lots and 1 outlot
for future development located at 4643 Herbert Hoover Highway (Rochester Avenue). On
December 4, 2018 the City Council passed an ordinance to conditionally rezone the property to Low
Density Multi-Family Residential (RM-12) and Medium Density Multi-Family Residential (RM-20).
The southern portion of the property remains Interim Development – Single Family Residential (ID-
RS). The three conditions imposed by the conditional rezoning ordinance are:
1) City Council approval of a final plat that generally conforms to the street layout shown in the
concept plan
2) The owner agrees to construct a north/south street to City standards such and agrees to
dedicate this street to the City prior to the issuance of a building permit
3) A detailed landscaping plan must be approved by the City Forester to ensure noise and
wind buffering from Herbert Hoover Highway, and development must be done in accordance
with the approved plan.
The subject area is currently undeveloped. To allow for development of this area, the City has
required the development of a north/south public street (Nex Avenue) that will connect with Herbert
Hoover Highway (Rochester Avenue). The subject area also includes some sensitive areas.
Specifically, steep and critical slopes.
The applicant used the Good Neighbor Policy for the rezoning, and a meeting took place on
September 25, 2018. One neighbor expressed concerns with construction site runoff and storm
water management. To address this, the applicant has submitted a site grading, erosion control,
and sensitive areas plan with the preliminary plat. The applicant does not plan to hold another Good
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Neighbor meeting in the platting stages.
ANALYSIS:
Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan
has designated this area for residential development at a density of 2-8 dwelling units per acre. This
would allow for a maximum of 68 units on the entire 7.41-acre site. The proposed development for
this site exceeds the standards set by the Comprehensive Plan; however, the plan also calls for a
mixture of housing types to provide options for more affordable housing for households of all types
and income levels. Additionally, the Northeast District Plan encourages housing diversity and a
mixture of single family, townhomes, and small apartment buildings located adjacent to
neighborhood commercial areas and at intersections of arterial and collector streets. Due to the
project’s location near the commercial center of Olde Town Village and along an arterial street, City
staff finds the project to be consistent with both the Comprehensive and Northeast District Plans.
Subdivision design:The subdivision includes 2 multi-family residential lots and 1 outlot for future
development. The proposed subdivision will require the addition of a new north/south road, Nex
Avenue, on the south side of Herbert Hoover Highway (referred to as Rochester Avenue from
here on).
x Lot 1 is zoned Low Density Multi-family (RM-12) residential and is located south of
Rochester Avenue and west of Nex Avenue. Vehicular access to this lot will be provided
via Nex Avenue. Lot 1 also includes a temporary fire vehicle turnaround as Nex Avenue
is stubbed off at the start of Outlot A.
x Lot 2 is zoned Medium Density Multi-Family (RM-20) residential and is located south of
Rochester Avenue and east of Nex Avenue. Vehicular access to this lot will also be
provided via Nex Avenue.
x Outlot A is zoned Interim Development Single-Family Residential (ID-RS) and currently
contains one single family home with driveway access off Rochester Avenue. Nex Avenue
will be stubbed off at the beginning of Outlot A with a temporary fire turnaround. With the
eventual development of Outlot A, Nex Avenue will connect to east/west roads to the
south.
x The preliminary plat shows 5’ sidewalks on both sides of Nex Avenue that will connect to
the existing sidewalk on the south side of Rochester Avenue.
The applicant plans to development the lots in phases. On the 2.55-acre Lot 1 (Phase A) the
applicant plans to develop a 36-unit affordable housing community for families. A maximum of 40
units would be allowed on a lot this size zoned RM-12. The applicant has secured financing from
the Iowa Finance Authority as well as the City of Iowa City for Phase A. On the 1.80-acre Lot 2
(Phase B) the applicant plans to develop an affordable housing community, most likely for seniors.
A maximum of 43 units would be allowed on a lot this size zoned RM-20, however, if the applicant
pursues the development of a senior housing community, the applicant can apply for a 25%
density bonus for elder apartment housing per City Code which would bring the maximum
allowable units up to 53. Phase C will be the potential development of the 3.06-acre Outlot A.
The applicant has requested to temporarily keep the existing residence on Outlot A to be used as
a rental property, with plans to house their construction manager during the project timeline.
Currently, the house is on well water and septic sewer. City staff is open to allowing the residence
to remain subject to the following requirements:
1. Public Works staff must approve a phasing plan for how the applicant will provide safe
access to the house during construction. These plans must be submitted along with the
construction drawings at final platting. The construction plans must also identify access
to the structure after completion of the roadway.
2. At a set date to be finalized in the subdivider’s agreement, the dwelling must be
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demolished or connected to City water and sewer. This date will be set based on the
anticipated construction timeline and is expected to be in March 2020.
The preliminary plat also shows required easements and right-of-way dedications including the
15’ utility easements along the right-of-way on Rochester Avenue and Nex Avenue, there is a 20’
sanitary sewer easement on the south side of Lot 1 until the sanitary sewer crosses under Nex
Avenue. There is also an existing 60’ access easement along the west side of the property that
allows for parallel parking for the nursing home to the southwest. Both Lot 1 and Outlot A contain
dry-bottom detention basins with storm water detention and storm sewer easements. The
preliminary plat also shows the dedication of 0.69 acres of right-of-way along Rochester Avenue
to match the right-of-way lines on both the east and west sides of the property.
Traffic Implications: The addition of approximately 85 households will not significantly impact
traffic counts on Rochester Avenue. Per the Iowa DOT, the current average daily traffic count on
Rochester Avenue is 4,650 vehicles, and the theoretical capacity of this arterial is approximately
15,200 vehicles. Therefore, the roadway can accommodate traffic associated with the proposed
subdivision.
Nex Avenue will consist of a 26-foot wide new road that will intersect with the south side of
Rochester Avenue. There are no planned center or off-set turn lanes, and no traffic signals shown
on the preliminary plat. The road apron for Nex Avenue will widen to approximately 70’ feet at the
intersection with Rochester Avenue in order to allow sufficient traffic movement both in and out of
the subdivision. Transpiration planning staff has reviewed and approved Nex Avenue on the
preliminary plat.
Landscaping: As a condition of the rezoning, the applicant was to submit a detailed landscaping
plan for approval by the City Forester to ensure noise and wind buffering from Rochester Avenue.
The applicant has submitted a landscaping plan that contains details about type, location, and
density of trees, shrubs, and grasses to be used. The City Forester requested one change to the
plan in terms of plant species but otherwise approves the landscaping plan, which the applicant
is agreeable to.
Neighborhood Open Space:A subdivision of this size requires the dedication of 0.40 acres of
public 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 fair market value of 0.40 acres of property. This requirement will need to be addressed in the
legal papers for the final plat.
Environmentally Sensitive Areas: The subject area includes 12,326 square feet of steep slopes
and 1,754 square feet of critical slopes in this subdivision, all of which, will be impacted during
various phases of construction. The critical slopes are located on Outlot A, but will be impacted
by the development of the dry bottom detention basin. The Sensitive Areas Ordinance allows for
the development of storm water management facilities within sensitive areas. The applicant has
submitted a Site Grading, Erosion Control, and Sensitive Areas Plan that has been approved by
City Staff, but since the proposed project will impact more than 35% of the critical slopes, review
and approval by the Planning & Zoning Commission and City Council is required.
Storm Water Management:The applicant has submitted a Preliminary Storm Water
Management Plan that takes into account pre- and post- development runoff and conditions and
provides details about storm water conveyance and management. On Lot 1, the preliminary plat
shows a dry water detention basin on the south side of the property line with a perimeter silt fence.
There is also a dry bottom detention basin shown on the east side of the property located between
Lot 2 and Outlot A with a perimeter silt fence built along the property line and to the south east.
There is a storm sewer line shown between the dry bottom detention basin on Lot 1 connecting
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to the dry bottom detention basin in Outlot A with Rip Rap outlet protection. Nex Avenue shows
two curb inlets on both the east and west side of the street connecting to the storm water sewer
line. The Site Grading, Erosion Control and Sensitive Areas Plan shows installation and
maintenance details for the proposed silt fence that has been preliminary approved by Public
Works.
Sanitary Sewer Service: Staff is working with the developer and consultant group to resolve
issues concerning the depth of the proposed sanitary sewer. Due to the topography of the site,
there are issues with the sanitary sewer not being deep enough to function properly. Before the
approval of the final plat, sewer depths and layout must be approved by Public Works and the
Wastewater Division. Staff hopes to have these issues resolved prior to the January 3
rd Planning
& Zoning Commission meeting.
Infrastructure fees: A water main extension fee of $456.75 per acre and sanitary sewer tap-on-fee
of $1,038.26 per acre apply to this subdivision.Payment of these fees will need to be addressed
the legal papers at the time of final plat approval.
SUMMARY:
Based on the analysis, staff find that the proposed preliminary plat is in compliance with the
Comprehensive Plan and City Code except for the identified issues with the sanitary sewer. These
issues are being addressed with City Staff and the applicant’s consultant group, and will hopefully
be resolved prior to the Planning and Zoning Commission meeting on January 3
rd, 2019. The
proposed project will advance the City’s goal of providing more affordable housing options for
residents.
NEXT STEPS:
Upon approval of the proposed preliminary plat, the applicant will be required to submit an
application for a final plat to subdivide the land into lots. The final plat will be reviewed and approved
by City Council. After the subdivision stage, the applicant will submit a site plan for staff review and
approval prior to the issuance of building permits.
STAFF RECOMMENDATION:
Staff recommends that SUB18-00016, an application submitted by IC Housing Group, LLC for a
preliminary plat of Tegler Subdivision, a 2-lot residential subdivision with an outlot identified for
future development located on 7.41-acres of land at 4643 Herbert Hoover Highway be approved,
subject to resolution of deficiencies and discrepancies noted below.
DEFICIENCIES AND DISCREPANCIES:
1. Sanitary sewer depth
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Plan
3. Landscaping Plans
4. Site Grading, Erosion Control, and Sensitive Areas Plan
5. Updated Elevations
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Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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DHARVEST RD SESUB18-000164643 Herbert Hoover Highway SEμ00.0750.150.0375 MilesPrepared By: Jesi LileDate Prepared: Dec. 2018An application submitted by IC Housing Group, LLCfor a preliminary plat for a subdivision of 7.41 acreslocated at 4643 Herbert Hoover Highway SE
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Ray Heitner
Item: REZ18-00024/SUB18-00017 Date: January 3, 2019
Cherry Creek Subdivision
GENERAL INFORMATION:
Applicants: Bedrock, LLC
3500 Dolphin Drive
Iowa City, IA 52240
City of Iowa City, IA
410 E. Washington Street
Iowa City, IA 52240
Contact: Kelly Beckler
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Requested Action: Rezoning from ID-RM to OPD/RS-5, OPD/RM-12
and OPD/P-1 preliminary sensitive areas
development plan, and preliminary plat approval.
Purpose: To allow development of (17) single family lots, (21)
townhouse style multifamily dwellings, (1) 36-unit
multifamily buildings, and (1) new City Fire station.
Location: East of S. Gilbert Street and South of Waterfront Dr.
Location Map:
Size: 18.03 acres
Existing Land Use and Zoning: Undeveloped
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Surrounding Land Use and Zoning: North: residential and agricultural - ID-RM
South: residential – RS-5/OHD
East: residential – RS-5
West: Napoleon Park – P1
Comprehensive Plan: South District Plan – residential 2- 8 dwelling units
per acre
Neighborhood Open Space District: S1- Wetherby
File Date: November 29, 2018
45 Day Limitation Period: January 13, 2019
APPLICATION BACKGROUND INFORMATION:
An earlier version of this application was first presented to the Planning and Zoning Commission on
June 7th of 2018. The Commission voted to defer , at the applicant’s request, consideration of the
application until June 21st, 2018. During the June 21st meeting, the Commission voted 6-1 to
recommend the application to the City Council, with the following conditions:
1. That the City Forester would review and approve the tree replacement and protection plan
prior to issuance of the final plat.
2. At the time of final platting, the development agreement will specify that roof drains and
gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle.
3. That the applicant will contact with an archaeologist approved by the state to complete a
study or excavation plan prior to any additional grading on the property.
At the City Council’s second hearing for the application on September 4 th, 2018, the motion
recommending approval of the application failed due to a 3-3 vote from the Council. Council
members provided various reasons for approval and disapproval of the original application. Those
in favor of approving the application cited the desire to have high quality homes in this area of town,
and praised the application’s incorporation of varied dwelling units and densities. Dissenting
opinions included concerns about increased traffic and density to this neighborhood, and a general
lack of social infrastructure in the development.
The current iteration of the application includes a preliminary plat and sensitive areas development
plan, in addition to the request to rezone the land. The current application has made a few notable
changes. The second 36 dwelling-unit multi-family building, formerly located on Lot 1, has been
removed from this application. The City of Iowa City is a co-applicant on the rezoning application
for Lot 1 to be rezoned to Neighborhood Public (P-1). The current application has also removed all
structures from the Lot 1 area to make way for a grading plan that will make the lot relatively flat
and ready for future development.
The City has entered into a purchase agreement with Bedrock L.L.C to purchase Lot 1 from the
developer, with the intention of building a future fire station for the city on the lot. The City anticipates
obtaining possession of this lot on November 30, 2019. While the City plans on using this lot for a
future fire station, actual construction of the station will likely be several years from now. The
agreement is contingent upon the seller (Bedrock) satisfying several conditions, including
subdividing and rezoning the property for use as a fire station. All public infrastructure, including
streets, sanitary sewer, and water will be installed by the seller prior to City possession. The seller
will also be responsible for performing all site grading and seeding, and the lot will be transferred to
the City as greenspace.
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Additional minor changes to this application include illustration of designated private open space
with playground equipment and picnic tables highlighted on the plat. Some preliminary landscaping
details have been shown on the plat as well.
LAND BACKGROUND INFORMATION:
This property was annexed into the city between 1960 and 1966. Since 1983 it has been zoned
Intern Development – Multifamily (ID-RM). The applicant has requested that the property be
rezoned to Planned Development Overlay/Low Density Single Family Residential (RS-5) for 5.80
acres and Planned Development Overlay/Low Density Multifamily Residential (RM-12) for 9.70
acres. As co-applicant, the City of Iowa City is requesting a rezone for 2.53 acres in the southwest
portion of the subdivision to Planned Development Overlay/Neighborhood Public (P-1). The City
intends to use this land to build a future Fire Station.
A Planned Development Overlay zone is required due to the presence of multiple sensitive features
such as removal of existing woodlands and proposed disturbance of protected slopes to
accommodate stormwater management. More details on these features will be presented in the
Sensitive Areas section of the staff report.
The applicant conducted a second Good Neighbor Meeting on November 27th, 2018 to discuss
these revisions to the plan. The meeting was attended by 15 neighbors who are adjacent to the
proposed development. Some meeting attendees expressed similar concerns to concepts
presented in the original application including, a lack of usable open space, general density
concerns, and safety concerns with the pedestrian crossing at Gilbert St. Other meeting attendees
were supportive of the project. In addition to presenting updates to the plan, the developer gave a
general time frame for completing different phases of the development, emphasizing construction
of the Cherry Avenue townhomes and Toby Circle single family homes before construction of the
36-plex multi-family building on Lot 2.
ANALYSIS:
Current Zoning: The purpose of the Interim Development Zone (ID) is to provide for areas of
managed growth in which agricultural and other non-urban uses of land may continue until such
time as the City is able to provide City services and urban development can occur. Upon provision
of City services, the City or the property owner may initiate rezoning to zones consistent with the
Comprehensive Plan, as amended.
General 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 – RS-5: The applicant has requested that 5.80 acres located on the south and east side
of the development be rezoned from ID to Low Density Single Family with a Planned Development
Overlay for sensitive areas (OPD/RS-5). The Low Density Single-Family Residential Zone (RS-
5) is primarily intended to provide housing opportunities for individual households. The minimum
lot size in the RS-5 zone is 8,000 square feet with a minimum lot width of 60 feet. The proposed
lots range in size from 8,164 square feet to 17,242 square feet. All lots meet the minimum 60-
foot lot width. Staff finds the proposed OPD/RS-5 plan is compatible with the adjacent
development to the east, and provides for a transition to the higher density multifamily
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development proposed to the west.
RM-12: The applicant is proposing Low Density Multifamily with a Planned Development
Overlay for sensitive areas (OPD/RM-12) on 9.7 acres within the project’s northern area. The
purpose of the Low Density Multi-Family Residential Zone (RM-12) is to provide for the
development of high density, single-family housing and low density, multi-family housing. This
zone is intended to provide a diverse variety of housing options in neighborhoods throughout
the City. Careful attention to site and building design is important to ensure that the various
housing types in any one location are compatible with one another. The 17 dwelling units on Lot
3 would be placed on a 2.93 acre lot, resulting in a density of 5.8 units per acre. The 40 dwelling
units on Lot 2 would be placed on a 6.05-acre lot, resulting in a density of 6.6 units per acre.
The collective average of these areas would result in 6.2 units per acre, well within the
prescribed density range of 2-8 units per acre that is articulated in the comprehensive plan.
Within the proposed OPD/RM-12 zone, the applicant is proposing one 36-unit multifamily
building to the east of Gilbert Street, with driveway access to the proposed extension of Cherry
Avenue. An additional 21 townhouse-style multifamily dwellings are proposed to be located on
Cherry Avenue. The proposed townhouse style dwellings provide a transition between the
single-family neighborhood and the proposed apartment building adjacent to Gilbert Street.
After removing street right-of-way, the overall density of the proposed RM-12 area is 6.2 units
per acre. When combined with the RS-5 area the overall density of the proposed development
is 6.1 units per acre and is within the 2-8 dwelling units per acre shown on the Comprehensive
Plan for this area. As discussed below, the South District Plan element of the Comprehensive
Plan encourages the clustering of development on this property.
P-1: The proposed City fire station that would be located on Lot 1 would be placed on a 2.26
acre plot of land. Building design, dimension, and placement details for the station are unknown
at this time. Fire Department officials indicated at the Good Neighbor meeting in November that
department vehicles would primarily look to use S. Gilbert St. as a point of access to and from
the station, though there might be occasions where use of Cherry Avenue would be necessary.
Fire Department officials also noted that once the City was ready to proceed with the
development of a fire station, additional community meetings would be held.
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 fits the
site. The land uses proposed are single-family units, townhouse style multifamily buildings with 3
to 5 dwellings per building, and one 36-unit multifamily building with a combination of surface level
and lower level parking. The layout of the streets and buildings have been designed to provide a
transition from the existing single-family homes in the Pepperwood Addition and the larger
apartment building proposed near Gilbert Street. Woodlands and slopes provide a buffer between
this and the adjacent properties to the north and south.
Mass and Scale - The proposed single family lots are subject to the same RS-5 standards
regarding setbacks, lot coverage, and building height as the existing lots in the Pepperwood
Addition. The townhouse buildings include 3 design options with a variety of building materials
and roof lines to prevent a monotonous streetscape.
The larger multifamily building has been designed to generally comply with the multifamily design
standards, including façade articulation and variation of the roof line. The stone veneer and wood
siding are intended to complement the natural environment.
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Open space - Lots 2 and 3 will contain over 2 acres of protected open space. However, most of
that area contains steep slopes and woodlands and will have limited use for active recreation.
The applicant has shown a private open space area adjacent to the 36-unit building on Lot 1 for
residents’ use. Staff recommends that the final plan provide details regarding the square footage
of those areas, and any amenities, such as outdoor dining space and playground equipment. The
developer has agreed to pay fees in lieu of providing accessible public open space.
Traffic circulation - Cherry Avenue will provide street access for the property to Gilbert Street, an
arterial street with sufficient capacity for the projected traffic. Based on the Institute of Traffic
Engineers Trip Generation Handbook (9th Edition), the development (as proposed with 76 dwelling
units) will generate between 500 and 550 vehicle trips per weekday. In 2014, Gilbert Street had
an average daily traffic count of approximately 6,700 vehicles per day (Iowa DOT). Given that the
capacity of a four-lane minor arterial street is more than 30,000 trips per day, the additional traffic
generated by the development alone will not over-burden Gilbert Street.
While some of the traffic generated may choose to use Sandusky Drive for access, it is anticipated
that a majority of the traffic will access Cherry Avenue via Gilbert Street. Additionally, the
connection of Cherry Avenue from Sandusky Drive to Gilbert Street will provide an alternative
street access for the Pepperwood subdivisions and will improve access for emergency and
service vehicles.
As discussed below under #4. traffic calming features are being included on Cherry Avenue.
Based on this information, and given the removal of the second 36-plex building from the original
plan, staff finds the density and design of the Planned Development will be compatible with and
complementary to adjacent development in terms of land use, building mass and scale, relative
amount of open space, traffic circulation and general layout.
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 additional dwelling units. Onsite stormwater management is required.
The applicant is proposing to build two stormwater basins in the ravine located along the north
property line. Preliminary storm water calculations reviewed by the City Engineer indicate that
the capacity of the proposed storm water basins are adequate to handle the projected run-off
from the site.
The ravine in which the stormwater facilities is proposed, contains protected slopes. Currently
the ravine is subject to severe erosion. Construction of the stormwater facilities will be designed
to correct current erosion and prevent future erosion. As noted below, the sensitive areas
provisions of the zoning code allow essential utilities, including stormwater facilities, to be
constructed within protected areas if they are designed to protect against erosion, pollution and
habitat disturbance, and result in minimal amounts of excavation and filling. After installation of
the facilities, the sensitive protected areas and associated buffers must be restored by the
developer. Because part of the stormwater facilities will be located on the adjacent property to
the north, an off-site easement will be necessary at time of final plat approval.
Gilbert Street has capacity to serve the proposed development and Cherry Avenue will improve
traffic connectivity for the area. Based on this information, it is staff’s finds that the development
will not overburden existing streets and utilities.
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.
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While the proposed development will be a significant change to what has been appreciated for
many years by surrounding neighbors as open space, staff finds that the proposed development
is not a significant departure from what would be allowed for a conventional development with
regard to views, light and air, property values, and privacy of neighboring properties. The
proposed RS-5 lots (lots 4-16) will provide a transition from the existing single-family homes
within the Pepperwood Addition to the townhouse style buildings and the larger apartment
buildings to the west. The apartment building will be built down slope from the existing
neighborhood and this should help lessen the visual effect of these larger buildings.
The property to the south is the historic McCollister Farm, which contains a historic house and
a recently constructed single-family dwelling. These two properties contain a significant amount
of open space and woodlands that screen them from the proposed development. Because the
McCollister Farm is a designated historic landmark, further development is not anticipated.
Grading plans for Lot 1 will remove some trees from the southern property line. Staff has
requested that the developer dedicate an additional landscape easement along the southwest
boundary of Lot 1 to provide vegetation screening for neighbors to the south. A mixture of
evergreen, oak, and white pine trees have been recommended by City Parks and Recreation
staff as suitable replacement trees for the developer to plant in this area.
The property to the north contains Friendly Farm, an organic agricultural use. The ravine on the
north side of this property continues onto the Friendly Farm property. The portion of the ravine
on this property contains protected slopes and will be within a conservation easement
preventing further development. This will provide a wooded buffer between the proposed
Cherry Creek Subdivision and the Friendly Farm property.
Based on this information, staff finds the development will not adversely affect views, light and
air, property values, and privacy of neighboring properties any more than would a conventional
development
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:
x to facilitate the provision of desired neighborhood amenities or open space;
x to preserve or protect natural, historic, or cultural features;
x to achieve compatibility with surrounding development; or
x to create a distinctive or innovative neighborhood environment for area residents.
The initial application included a request for reduction of the standard collector street width of
31 feet down to 28 feet on Cherry Avenue. The applicant will request a waiver from this reduction
in street width, as the current application shows streets designed with this width in mind. In its
review of the previous application, staff recommended this reduction to provide traffic calming
for Cherry Avenue, which will carry traffic from Sandusky Drive to Gilbert Street. Traffic circles
are also proposed on Cherry Avenue in two locations where it will intersect with Toby Circle.
The intent is to allow Cherry Avenue to provide neighborhood street connectivity, but to
discourage its use as a cut through, and to calm speeds of vehicles using the street. Staff finds
that the proposal to reduce the pavement width from 31 feet to 28 feet is reasonable given the
goal of traffic calming for this street.
7
Pedestrian Facilities: Planned developments must include pedestrian facilities to ensure that
residents and visitors have access to public streets and sidewalks, building entrances, parking
areas, shared open spaces, natural areas, and other amenities. In addition, providing street trees
and a variety of building facades that address the street with visible doors and windows make for
a more comfortable environment along the street for pedestrians. Staff finds that the sidewalks,
building designs, and street trees proposed will meet the standard described above.
However, staff is also recommending that the applicant install a 5’ wide sidewalk along the entire
Gilbert Street frontage along the east side of S. Gilbert St. Staff is also requesting that the
developer install curb ramps for an uncontrolled crosswalk across S. Gilbert St. The City will be
responsible for striping and signage of this cross walk. This location has been reviewed by City
traffic planning staff, and has been designated as a safe location for this cross walk.
Public Open Space Requirement: Based on the 5.8 acres proposed for Low Density Single-Family
Residential zone and the 9.7 acres proposed for Low Density Multifamily Residential zone, the
applicant would be required to dedicate .80 acres of land or pay fees in lieu of land. Given the
steep topography of this area, it is unlikely that there is land that is suitable for a public park. As
stated before, the applicant has indicated that they will pay fees in lieu of providing the required
amount of public open space. The fee will be equal to the fair market value of the land that
otherwise would have been required for dedication. The fee must be paid in full by the developer
prior to the issuance of the first building permit for any lot within the development.
Private Shared Open Space: Large portions of lots 2 and 3 contain protected slopes and
woodlands. A smaller area of woodland is contained on the north portion of lot 4. These areas are
labeled as conservation easements. At the time of final plat approval, the applicant must submit
a legally binding instrument setting forth the procedures and financing structure to be followed for
maintaining the stormwater facilities and the surrounding conservation easement. The developer
has indicated that a homeowner’s association will be established to maintain the common areas.
The details of this arrangement will need to be addressed in the legal papers submitted when the
final planned development plan is submitted.
As shown in the revised plat, the developer has identified 0.08 acres of private open space for
neighborhood residents on Lots 2 and 3, to the west of the 36-plex multi-family housing building.
This area will contain some open recreational space, along with playground equipment and a
picnic table area with a pergola cover and grills.
Compliance with Comprehensive Plan: The South District Plan encourages development of
neighborhoods with a mix of housing types to allow for housing options. Although the predominant
land use in the area will remain detached single-family housing, new neighborhoods should
provide opportunities for townhouses, duplexes as well as multifamily buildings to serve residents
throughout their lifetimes. The South District Plan contemplated locations where opportunities for
higher density housing and clustered density should be allowed, noting: “West of the Pepperwood
Subdivision, wooded slopes make traditional development impractical. In this area, the 2 to 8
dwelling units per acre envisioned on the land use map on page 53 could be clustered through
an overlay planned development. Such development would rely on an extension of Cherry Street,
which will provide improved connectivity and circulation for the single-family neighborhood to the
east by allowing residents more direct street access to South Gilbert Street.”
The South District Plan indicates that property along the east side of Gilbert Street, south of the
railroad, may be appropriate for town-home or other small lot or duplex development. Additional
density may be considered for projects that add a unique housing element or that enhance
housing diversity for the South District or that otherwise contribute to the connectivity of
neighborhoods or enhance visibility and street access to public parks and other open space. The
8
extension of Cherry Avenue will provide an important east-west connection allowing neighbors
more direct access to Gilbert Street and the parks and trails located to the west of Gilbert Street.
Subdivision Design: The proposed subdivision will connect Cherry Avenue with the S. Gilbert
St. A new street, Toby Circle, will be built with two points of access off of Cherry Avenue. Toby
Circle will provide frontage for Lots 5-16, all of which are planned to be single-family homes. An
additional single-family home will be built on Lot 4, along the eastern portion of the subdivision
on Cherry Ave. Lots 19 and 20, fronting Cherry Avenue along the street’s south side, will each
contain a duplex. The north side of Cherry Avenue will contain multi-family housing consisting of
one 3-plex building, two 4-plex buildings, and two 5-plex buildings. An alley that will provide
driveway access to these multi-family buildings will connect with Cherry Avenue and intersect
the two points of access from Toby Circle. A traffic calming circle will be placed in each
intersection to slow down through traffic on Cherry Avenue.
A 36-plex multi-family building will be located on Lot 2, at the northeast corner of Cherry Avenue
and S. Gilbert St. This building will feature private open space for Cherry Creek residents,
equipped with playground equipment, picnic tables, and an open field. Parking will be situated
beneath the building and behind the building, screened from view on Cherry Avenue and S.
Gilbert St.
The southeast corner of Cherry Avenue and S. Gilbert St. will contain a future fire station for
Iowa City.
Cherry Avenue and Toby Circle will be equipped with sidewalks on both sides of the streets. A
5’ sidewalk will be built along the east side of the property’s western frontage along S. Gilbert
St.
The Gilbert Street corridor was reviewed in 2017 to identify improvements for traffic safety and to
increase the bikeability and walkability of the area, while supporting the development visions
articulated in the Riverfront Crossings and Downtown Master Plans. As part of the review, a 4-
lane to 3-lane conversion was studied. This type of conversion would allow for a potential
pedestrian refuge island and southbound left-turn lane on Gilbert Street near the Cherry Creek
development, though this project has not yet been approved by the Iowa City, City Council.
A mid-block uncontrolled pedestrian crossing on Gilbert Street near the Cherry Creek
Development could include a painted crosswalk, pedestrian crossing signs and advance
pedestrian crossing signs. This crossing is planned to be located across from the northern
parking area for Napoleon Park.
Sensitive Areas Review: 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.
Steep, Critical, and Protected Slopes - The purpose of regulating development on and near steep
slopes is to:
1. Promote safety in the design and construction of developments;
2. Minimize flooding, landslides and mudslides;
3. Minimize soil instability, erosion and downstream siltation; and
4. Preserve the scenic character of hillside areas, particularly wooded hillsides.
The applicant is proposing to grade protected slopes to allow installation of stormwater
9
management facilities and to grade areas that appear to be humanly altered protected slopes.
Disturbance of protected slopes and or protected slope buffers trigger the requirement of this Level
II Sensitive Areas Review with Planning and Zoning Commission review and City Council approval
required.
Development activity is not allowed on protected slopes or in the 50-foot buffer required around
protected slopes, unless the slopes were previously humanly altered. In addition, disturbance of
altered protected slopes or a reduction of a protected slope buffer may only be approved if a
geologist or professional engineer demonstrates to the satisfaction of the City that the proposed
development activity can and will be designed to eliminate hazards and will not undermine the
stability of the slope or the buffer area.
The applicant has indicated that the protected slopes adjacent to Gilbert Street have been humanly
altered and is requesting permission to encroach into protected slope and buffer areas. There is
evidence that this assessment is correct. When Gilbert Street was reconstructed several years ago,
it appears that grading was done for the street and to provide fill material. Staff from the City
Engineer’s office visited the property and based on the angle of the slope and the pattern of trees
(younger volunteer trees being present on the previously disturbed areas) concurs with this
assessment.
The applicant is also proposing to remove trees and grade portions of protected slope and buffer
areas located within the ravine on the north side of this property and on the adjacent property to
allow for the installation of stormwater management facilities. As noted above under #2 the ravine
is currently subject to severe erosion. Construction of the stormwater facilities will be designed to
correct current erosion and prevent future erosion. The sensitive areas provisions of the zoning
code allow essential utilities including stormwater facilities to be constructed within with protected
areas, if they are designed to protect against erosion, pollution and habitat disturbance, and result
in minimal amounts of excavation and filling. After installation of the facilities, the sensitive protected
areas and associated buffers must be restored by the developer. Because part of the stormwater
facilities will be located on the adjacent property to the north, an off-site easement will be necessary
at time of final plat approval.
Staff has recommended that healthy, mature trees be in or near the ravine be preserved and
protected from construction activity to the extent possible. A tree protection plan should be
submitted and approved at the time of the final OPD plan. Provided all conditions are satisfied to
prevent erosion, ensure long term stability of the slopes, and the structural integrity of the proposed
buildings, staff finds that the proposed encroachment into what appear to be previously altered
slopes is reasonable.
Woodlands: The property contains approximately 13.17 acres of woodland (8.68 acres in the area
proposed for RM-12, 2.15 acres in the area proposed for RS-5, and 2.34 acres in the area proposed
for P-1). The ordinance requires that if more than 50% of a woodland in an RS-5 zone is removed,
replacement trees must be planted at a ratio of 1 tree per every 200 feet of woodland disturbance.
For properties zoned RM-12, 20% of the woodlands must be retained or replacement trees must
be planted. Not including areas that are located within the 50’ woodland buffer, approximately 85%
or 1.83 acres of woodlands in the area to be rezoned to RS-5 will be removed. The developer has
agreed to meet the required replacement tree quota stated in the Woodland Retention
Requirements section of the code and plant replacement trees at a rate of 1 tree for every 200
square feet of woodland removed from the 50% retention area. This will result in 234 replacement
trees being planted in the RS-5 area. The area to be rezoned to RM-12 will see approximately 44%
or 3.78 acres of woodland areas removed. Not counting areas within the 50’ woodland buffer, the
development will preserve 21% or 1.86 acres of existing woodlands. This proposed preservation
figure meets the minimum retention area requirement for an RM-12 zone of 20%, therefore no
replacement trees will need to be planted in this zone. There is no woodland retention area
10
requirement for a P-1 zone. The City Forester will review and approve the final version of the tree
replacement plan prior to final plat approval.
Archeological sites: The Sensitive Areas section of the zoning code considers the preservation
archaeological sites as well as natural features. The applicant has already initiated some
development activity on the site. Meanwhile, the Office of the State Archaeologist has indicated
that four archaeological sites have been reported within 100 meters of the development site. Due
to the potential density of known archaeological sites in the surrounding area, staff recommended
during the initial application that as a condition of approval, the applicant hire an archaeologist
approved by the state to complete a study or excavation plan approved by the State. Since the
initial application, the applicant worked with Impact 7G (a firm approved by the state
archaeologist) to conduct a supervised excavation of the site. The applicant has since received
written correspondence from Impact 7G stating that no indications of human burials were
observed during observed excavations, and that no additional archaeological work is
recommended for the Cherry Creek subdivision. The state archaeologist has confirmed Impact
7G’s findings as well.
Sanitary Sewer Service: The proposed development is situated to the west of existing
development, and has the capacity to connect to existing utilities. Proposed sanitary sewer lines
and manholes are featured on the preliminary plat. One sanitary main will run along the northeast
portion of the Cherry Avenue extension and turn south, running along the inner portion of Toby
Circle. A separate main will continue to run along the north side of Cherry Ave. and along the east
side of S. Gilbert St. The proposed sanitary sewer design has been reviewed by Public Works
staff.
Infrastructure Fees: The City requires developers to pay a $456.75 per acre fee for water
service. The project site is not located in one of the City’s sanitary sewer districts, and therefore,
the City collects no sanitary sewer tap on fees. The developer will be responsible for costs
associated with the water and sanitary sewer improvements needed to serve the project site.
NEXT STEPS:
Upon approval of the proposed rezoning, preliminary plat and sensitive areas development plan,
the applicant will be required to submit a final plat for City Council’s review and approval, and a final
sensitive areas development plan (SADP) for review and approval by City staff. The final SADP will
include the tree replacement and protection plan to be reviewed and approved by the City Forester.
Because the application is proposing construction of more than 12 residential units, a major site
plan review by City staff is required to verify consistency with the OPD and conditions of the
rezoning. The site plan review stage will also ensure compliance with other zoning code
requirements, such as landscaping, building elevations, exterior lighting, parking requirements, etc.
STAFF RECOMMENDATION: Staff recommends approval of REZ18-00024/SUB18-00017, an
application submitted by Bedrock LLC for a rezoning from ID-RM to OPD/RS-5, OPD/RM-12, and
OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek
Subdivision, a 20-lot, 18.03-acre residential subdivision located east of Gilbert Street subject to
the following conditions:
1. The development be built as proposed in the preliminary plat, with one 36-plex building
located on Lot 2, 21 townhouse-style units built between Lots 2 and 3, and 15 detached
single family and two attached single-family housing units be built on Lots 4 – 20.
2. The final plat include details regarding the square footage and description of amenities for
designated private open space on Lot 2.
3. That the City Forester would review and approve the tree replacement and protection plan
prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees
11
throughout the development and plans to protect and preserve healthy and mature trees in
or near the ravine from construction activity (to the greatest possible extent).
4. At the time of final platting, the development agreement will specify that roof drains and
gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle.
5. Construction of a 5’ sidewalk along the western frontage (east side of S. Gilbert
St.) of the development prior to the issuance of a certificate of occupancy.
6. Installation of curb ramps at the area where City Transportation Planning staff has
designated as appropriate to accommodate an uncontrolled crosswalk prior to
issuance of a certificate of occupancy.
7. Dedication of a landscape easement, with proposed tree plantings to be approved
by the City Forester, along the southern property boundary in Lot 1 at the time of
final platting.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Development Plan (Including most recent Landscape
Plan)
3. Zoning Exhibit
4. Building Elevation Drawings
Approved by: _________________________________________________
Danielle Sitzman, Coordinator, Development Services
Department of Neighborhood and Development Services
ppdadmin\stfrep\document2
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RSUB18-00017 REZ18-00024Cherry Creek Subdivisionμ00.10.20.05 MilesPrepared By: Luke FoelschDate Prepared: Nov. 2018An application submitted by Bedrock, LLC for a rezoningof approximately 18.03 acres from Interim DevelopmentMultifamily Residential (ID-RM) to Planned DevelopmentOverlay / Low Density Single Family Residential (OPD / RS5),Planned Development Overlay / Low Density MultifamilyResidential (OPD / RM12), and Planned Development Overlay /Neighborhood Public (OPD / P1) and a preliminary plat of CherryCreek Subdivision, a 20-lot, 15.47-acre residential subdivisionlocated east of S. Gilbert Street and south of Waterfront Drive.LegendRM12RS5P1
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RCI1 CI1RM12RM12P1RS5P1CC2CI1CI1RS5CC2I1CI1RS5CI1ID-RMI1RS5RS12RS5I1CI1I1I1CC2CI1I1CI1I1RS5CI1P1I1CC2CI1RS5RS5I1CO1RS5RS12P1CI1CI1RS12CI1CI1CI1I1CI1CI1CI1CI1I1CI1RS5CI1CI1I1CI1CI1I1RS5CI1CI1P1CI1CI1CI1CI1RS5CC2CI1I1CI1CI1RS5I1CI1CI1CI1ID-RMCI1RS5I1CI1RS5I1I1ID-RMID-RMCI1CI1CI1RS5CI1I1I1RS5CO1I1CI1CI1CI1I1I1RS5RS5CI1CI1CI1CI1I1CI1SUB18-00017 REZ18-00024Cherry Creek Subdivisionμ00.10.20.05 MilesPrepared By: Luke FoelschDate Prepared: Nov. 2018An application submitted by Bedrock, LLC for a rezoningof approximately 18.03 acres from Interim DevelopmentMultifamily Residential (ID-RM) to Planned DevelopmentOverlay / Low Density Single Family Residential (OPD / RS5),Planned Development Overlay / Low Density MultifamilyResidential (OPD / RM12), and Planned Development Overlay /Neighborhood Public (OPD / P1) and a preliminary plat of CherryCreek Subdivision, a 20-lot, 15.47-acre residential subdivisionlocated east of S. Gilbert Street and south of Waterfront Drive.LegendRM12RS5P1
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Anne Russett, Senior Planner
Item: REZ18-00022 Date: January 3, 2019
GENERAL INFORMATION:
Applicant: Allen Development c/o Jesse Allen
P.O. Box 3474
Iowa City, Iowa 52244
319/ 530-8238
allenhomesinc@gmail.com
Property Owner: Sladek Land #2 LLC c/o Jim Sladek
4670 Taft Avenue SE
Iowa City, Iowa 52240
319/ 330-3380
Jim.sladek@jcsFamilyFarms.com
Contact: Jesse Allen or John Yapp
P.O. Box 3474
Iowa City, Iowa 52244
319/ 530-8238 or 319/ 325-1228
John.yapp.allenhomes@gmail.com
Requested Action: Rezoning from Interim Development-Research
Park (ID-RP) to Highway Commercial (CH-1)
Purpose: To allow commercial development
Location: Northwest corner of Moss Ridge Road and
Highway 1
Location Map:
2
Size: 3.2 acres
Existing Land Use and Zoning: Undeveloped, Interim Development-Research
Park (ID-RP)
Surrounding Land Use and Zoning: North: Interim Development-Research Park (ID-
RP) and County Agricultural (A)
South: Highway Commercial (CH-1)
East: Interim Development-Research Park (ID-
RP)
West: Interim Development-Research Park (ID-
RP) and Research Development Park
(RDP)
Comprehensive Plan: Office Research Development Centers
District Plan: N/A
Neighborhood Open Space District: N/A
Public Meeting Notification: Property owners located within 300’ of the
proposed rezoning received notification of the
Planning and Zoning Commission public
meeting
File Date: November 15, 2018
45 Day Limitation Period: December 31, 2018 (The applicant deferred this
application to the January 3, 2019 meeting)
BACKGROUND INFORMATION:
The applicant, Allen Development, has requested a rezoning from the Interim
Development-Research Park Zone (ID-RP) to the Highway Commercial Zone (CH-1). The
total project site, approximately 3.2 acres, is located at the northwest corner of Moss Ridge
Road and Highway 1.
The applicant has decided not to use the Good Neighbor Policy.
ANALYSIS:
Current Zoning: The property is currently zoned Interim Development-Research Park (ID-
RP). The ID-RP zone district applies to undeveloped properties without access to City
services and allows for nonurban uses of land, such as crop-related agricultural uses.
Based on conservations with Public Works staff, water service is available to the site. There
is not existing sanitary sewer adjacent to the site, but there is a public lift station located
about 300 feet south of the property. The lift station was not designed to include the
subject property; however, it has remaining capacity. Staff will need projected design
3
flows at the platting stage, but staff has no concerns with future development on this site
utilizing the lift station.
Proposed Zoning: The applicant has proposed rezoning approximately 3.2 acres to
Commercial Highway (CH-1) Zone. The intent of the CH-1 zone is to allow the development
of commercial uses along or near expressways and arterials. The CH-1 allows a variety of
commercial uses, including office uses, eating and drinking establishments, hotels,
convenience stores, and quick vehicle servicing uses, such as car washes.
In terms of development standards, the CH-1 zone has no maximum or minimum height
limits, but does limit the floor to area ratio (FAR) to 1.0. FAR is calculated by dividing the
floor area of a building(s) on a lot by the area of the lot.
Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive
Plan identifies this area as Office Research Development Center. This area is located
within the North Corridor Planning District; however, this district plan has not yet been
developed.
The background section of the Comprehensive Plan provides an overview of the area
surrounding the subject property. The area is envisioned for office park uses based on its
close proximity to Interstate 80. Currently, the area is home to a number of the City’s
major employers, including numerous medical and professional firms located in
Northgate Corporate Park, as well as ACT and Pearsons, which are education-based
research and service firms that employ thousands of people. The proposed rezoning is
consistent with this vision in that it would provide commercial support services in close
proximity to major employers.
Compatibility with Neighborhood: The proposed zoning is compatible with the
surrounding neighborhood. Directly to the south of the property is an existing
commercial development that includes a gas station and convenience store. Further
south is Pearsons. To the east, across Highway 1, are more commercial and office uses,
including the Northgate Corporate Park.
Environmentally Sensitive Areas: According to FEMA data, this area is located in the 100-
year and 500-year floodplain; however, in 2015 the property owner obtained permits from
the City to fill in the site and raise it above the 500-year floodplain. The applicant will need
to confirm the existing elevation is above the 500-year floodplain at the site plan review
stage. If the existing elevation remains located in the floodplain, staff will require
compliance with the City’s floodplain management standards during the review of the site
plan. In addition, the site is located near Rapid Creek and a floodway; however, the project
site is located outside of the floodway.
Traffic Implications, Access, and Street Design: The site can be accessed via Moss Ridge
Road. Staff proposes that as a condition of the rezoning that the applicant close the
access from Highway 1. Access to the site would only be allowed via Moss Ridge Road.
The area is served by the North Dodge bus route. The closest stop is less than ¼ mile
(~15-minute walk) from the project site. The stop is accessible via the existing wide
sidewalk on the west side of Highway 1. There are no bicycle facilities and none proposed
per the City’s Bicycle Master Plan. The subdivision ordinance requires sidewalks on both
4
sides of public and private streets, so additional sidewalks along Moss Ridge Road and
Highway 1 will be required at the time of platting. Staff proposes that as a condition of
the rezoning the applicant install a 10-foot wide sidewalk along Highway 1, as well as a
pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and
southern portions of Moss Ridge Road. The City will be responsible for installing
pedestrian signal improvements.
Neighborhood Open Space: The City’s neighborhood open space requirement applies to
residential subdivisions, commercial subdivisions containing residential uses, and planned
developments. The proposed zone district, CH-1, does not allow residential uses, therefore,
the neighborhood open space fee does not apply.
Storm Water Management: Storm water management will need to be provided on-site and
the applicant’s concept plan identifies a location for storm water detention. City staff will
review storm water management plans at platting and at the site plan review phase. Based
on conversations with Public Works staff, with the proximity of the creek there is no
concern with the ability to properly discharge storm water.
Infrastructure fees: The City requires developers to pay a $456.75 per acre fee for water
service. The project site is not located in one of the City’s sanitary sewer districts, and
therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible
for costs associated with the water and sanitary sewer improvements needed to serve the
project site.
SUMMARY:
Based on the analysis, staff finds that the proposed rezoning with the identified conditions is
both in compliance with the Comprehensive Plan and compatible with the existing
neighborhood. The Comprehensive Plan identifies this area as appropriate for office uses
based on its proximity to I-80. The proposed rezoning would allow for commercial
development, including offices, that could provide necessary support services to the existing
major employers and employees.
NEXT STEPS:
Upon approval of the proposed rezoning, the applicant will be required to submit
applications for preliminary and final plats to subdivide the land into lots that follow the
proposed zoning boundary. The preliminary plat would be reviewed by the Planning and
Zoning Commission. The preliminary and final plats would be reviewed and approved by the
City Council. After the subdivision stage, the applicant would be able to submit a site plan
for staff review and approval prior to the issuance of building permits. During the site plan
review stage, staff will review landscaping plans.
STAFF RECOMMENDATION:
Staff recommends approval of REZ18-00022, an application submitted by Allen
Development, for a rezoning from ID-RP to CH-1 for approximately 3.2 acres of property
located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following
conditions:
1. Prior to the issuance of a certificate of occupancy, closure and removal of the access
road off of Highway 1.
5
2. No building permit shall be issued for the subject property until the City Council
approves a final plat that conforms to the proposed zoning boundaries.
3. General conformance with the concept plan only in that a principal building must
occupy the corner of Moss Ridge Road and Highway 1.
4. Prior to the issuance of a certificate of occupancy, installation of a 10-foot wide
sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road
and pedestrian ramps on the northern and southern portions of Moss Ridge Road.
ATTACHMENTS:
1. Location Map / Aerial Photograph
2. Zoning Exhibit
3. Concept Plan
Approved by: __________________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
NORTHGATE DRMOSS RIDGE RDNORTHGATE DRN DODGE STHIGHWAY 1 NEREZ18-00022Moss Ridge Road & Highway 1 NEμ00.10.20.05 MilesPrepared By: Luke FoelschDate Prepared: Nov. 2018An application submitted by Allen Developmentfor a rezoning of approximately 2.9 acres locatednorthwest of the intersection of Highway 1 NE andMoss Ridge Road from Interim DevelopmentResearch Park (ID-RP) to Highway Commercial (CH-1).
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 20, 2018 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs
MEMBERS ABSENT: Billie Townsend
STAFF PRESENT: Sara Hektoen, Anne Russett
OTHERS PRESENT: Joe D. Coulter
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Townsend absent) the Commission recommends approval of REZ18-00021,
an application for rezoning of approximately 0.56 acres of property located at 416 Reno Street
from Medium Density Single-Family Residential Zone (RS-8) to Medium Density Single-Family
Residential Zone (RS-8) with a Historic District Overlay (OHD).
By a vote of 6-0 (Townsend absent) the Commission recommends approval of REZ18-00023 an
application submitted by Joe Dan Coulter for a rezoning of approximately of 1.73 acres of
property located 1818 N. Dubuque Street from Low Density Single-Family Residential Zone
(RS-5) to Low Density Single-Family Residential Zone (RS-5) with a Historic District Overlay
(OHD).
By a vote of 6-0 (Townsend absent) the Commission recommends approval of approval of
CZ18-00003 an application submitted by Joseph and Nancy Sladek for a rezoning from County
Highway Commercial (CH) to County Agriculture (A) for approximately 1.55 acres of property
located at 4548 Sioux Avenue SE.
By a vote of 6-0 (Townsend absent) the Commission recommends approval of ZCA18-00004
Amendments to Title 14, Zoning of the Iowa City Code related to minor amendments to address
inconsistencies and clarify requirements.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
PlanningandZoningCommission
December20,2018
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REZONING ITEM (REZ18-00021):
Discussion of an application submitted by the National Trust for Historic Preservation for a
rezoning of approximately 0.56 acres of property located at 416 Reno Street from Medium
Density Single-Family Residential Zone (RS-8) to Medium Density Single-Family Residential
Zone (RS-8) with a Historic District Overlay (OHD).
Russett noted this is a proposed rezoning for a potential local landmark, it is the Albert J. and
Alice E. Borts house at 416 Reno Street. The Historic Preservation Commission reviewed and
approved the proposed landmark designation at their last meeting on December 13, 2018.
Russett showed a map of the area, the property is just south of the Reno Park on Reno Street,
she also showed a zoning map of the area, the area is zoned single-family residential both RS-5
and RS-8. Russett showed some photographs of the home, the house was built in 1898 in the
Queen Anne Style. The Borts’ family included David Borts, a prominent Iowa City builder
responsible for several Iowa City university and public buildings, including the Old Science
Building (now known as Calvin Hall). David Borts may have been the builder of the house. The
house is unique in that it is a Queen Anne built of brick and not of wood. Russett explained the
Planning & Zoning Commission’s role in this process is to ensure the rezoning is consistent with
the City’s Comprehensive Plan. Staff did a review and believes it is consistent with the
Comprehensive Plan based on the policies in both the Central District Plan and the Historic
Preservation Plan which aims to preserve the City’s historic resources.
Staff recommends approval of REZ18-00021, an application to designate 416 Reno Street as
an Iowa City Historic Landmark and rezone from Medium Density Single-Family Residential
(RS-8) to RS-8 with a Historic Preservation Overlay (RS-8/OHP).
Hensch remarked how impressed he was with the Staff report, particularly all the information
prepared for the Historic Preservation Commission, he also appreciated the note in the Staff
report explaining the Planning & Zoning Commission’s role which was to review the proposed
designation based on its relation to the Comprehensive Plan and proposed public improvements
and plans for renewal of the area involved.
Dyer questioned the role of the National Trust in this application. Russet explained that the
National Trust is working on purchasing the property from the current owner and working on a
national register district nomination for the property.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Signs moved to recommend approval of REZ18-00021, an application for rezoning of
approximately 0.56 acres of property located at 416 Reno Street from Medium Density
Single-Family Residential Zone (RS-8) to Medium Density Single-Family Residential Zone
(RS-8) with a Historic District Overlay (OHD).
Parsons seconded the motion.
Hensch noted this application is straight-forward and will preserve the historic resources in the
community. Signs agreed.
A vote was taken and the motion carried 6-0. (Townsend absent)
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REZONING ITEM (REZ18-00023):
Discussion of an application submitted by Joe Dan Coulter for a rezoning of approximately
1.73 acres of property located 1818 N. Dubuque Street from Low Density Single-Family
Residential Zone (RS-5) to Low Density Single-Family Residential Zone (RS-5) with a Historic
District Overlay (OHD).
Russett noted this application is also a proposed local landmark designation, it is the Dr. H.H.
and Sylvilla Jacobsen House located at 1818 North Dubuque Street. The Historic Preservation
Commission also reviewed this application at their December 13, 2018 meeting and
recommended approval. Russett showed maps with the location of the home, it is on North
Dubuque Street on the east side of the road just south of Foster Road, it is currently zoned RS-
5 single-family residential. Russett showed photographs of the home to the Commission. The
home was built in 1929 in the Arts and Craft Style, it is a stone cottage and the craftsman style
of Arts and Craft which typically incorporated locally and natural materials into the construction.
Russett reiterated the Planning and Zoning Commission’s role is to ensure consistency with the
Comprehensive Plan in both the North District Plan and Historic Preservation Plan outlined
goals in preserving historic resources.
Staff recommends approval of REZ18-00023, an application to designate 1818 North Dubuque
Street as an Iowa City Historic Landmark and rezone from Low Density Single-Family
Residential (RS-5) to RS-5 with a Historic Preservation Overlay (RS- 5/OHP).
Hensch asked if there was any controversy on either of these applications with the Historic
Preservation Commission. Russett asserted there was not. Hensch asked because it was
more in that Commission’s role to know the historic value of these properties.
Hensch opened the public hearing.
Joe D. Coulter (1818 North Dubuque Street) is the current owner of the property and noted the
process he went through with the City when Dubuque Street was to be raised. He stated he is
just the second owner of this house, he has lived there since 1986, he has all the original plans
for the home and even the interior of the house is still mostly original. Coulter would like to
preserve this house, noting the Englert Beer Cave is located on his property. He also noted in
the application is a letter from his neighbor who lives in the Englert house.
Hensch asked if all the stone and rock used for the house quarried locally. Coulter said the
stonework was done by a fellow known as the “old swede” who was from Toddville and that is
where he brought the rock from. Hensch asked if the garage was contemporaneous in
construction with the house. Coulter said it is, and noted at the time it would have cost $800 to
put in an elevator from the garage to the house. When he bought the house there was a big
crack in the garage and he had it redone by Country Stone Masons in keeping with the original
style. Hensch asked how the garage is accessed from the house. Coulter stated there are 52
steps from the garage up to the house, he said there is another driveway that goes up the hill
and another buried garage at the top of that driveway.
Dyer asked if Coulter has applied for a listing on the National Registry. Coulter said he has not
but is thinking seriously about doing so, noting it is a complicated process.
Parsons asked if the garage suffered any damage from the 1993 or 2008 floods. Coulter said it
did not, there was flood waters in the garage but no permanent damage.
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Hensch closed the public hearing.
Parsons moved to recommend approval of REZ18-00023 an application submitted by Joe
Dan Coulter for a rezoning of approximately of 1.73 acres of property located 1818 N.
Dubuque Street from Low Density Single-Family Residential Zone (RS-5) to Low Density
Single-Family Residential Zone (RS-5) with a Historic District Overlay (OHD).
Martin seconded the motion.
Hensch noted his comments are duplicates of the last application and added he has admired
this house for decades driving by.
A vote was taken and the motion carried 6-0. (Townsend absent)
FRINGE AREA REZONING ITEM (CZ18-00003):
Discussion of an application submitted by Joseph and Nancy Sladek for a rezoning from County
Highway Commercial (CH) to County Agriculture (A) for approximately 1.55 acres of property
located at 4548 Sioux Avenue SE.
Russett noted this is a proposed rezoning in the fringe area, which is within two miles of the
City, but not located within the corporate limits of the City. Russett showed a map of the subject
property in relation to the corporate limits of Iowa City. It is located in Fringe Area B - outside of
the City’s growth boundary. The property is currently zoned Highway Commercial and the
applicant is proposing to rezone it to Agriculture. The applicants submitted a site plan to show
how they wish to expand an existing machine shed and that will require a rezoning to
Agriculture. Russett stated the proposed rezoning is consistent with the County’s
Comprehensive Plan, it is not within one of the County’s growth areas and the future land use
map has this area identified as appropriate for agriculture uses. She explained in the City’s
review of these rezonings in the fringe area they use a Fringe Area Agreement to make sure the
rezoning is consistent with the policies in the fringe area. The Fringe Area Agreement is a
component of the City’s Comprehensive Plan.
Based on the policies outlined in the Fringe Area Agreement, which state that agricultural uses
are preferred in this area, staff would recommend approval of this rezoning.
Parsons asked if there was any discussion on updating the Fringe Area Agreement as after a
previous application there was conversation of needing to do so. Russett said they have met
with County Staff regarding a review and hope to move forward with updating the Fringe Area
Agreement.
Signs questioned how this area would be zoned Highway Commercial in the first place. Russett
is unsure.
Hensch opened the public hearing.
Seeing no one he closed the public hearing.
Parsons moved approval of CZ18-00003 an application submitted by Joseph and Nancy
Sladek for a rezoning from County Highway Commercial (CH) to County Agriculture (A)
for approximately 1.55 acres of property located at 4548 Sioux Avenue SE.
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Signs seconded the motion.
Hensch noted there doesn’t seem to be anything controversial about this application, it seems
logical.
A vote was taken and the motion carried 6-0. (Townsend absent)
ZONING CODE AMENDMENT ITEM (ZCA18-00004):
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to minor
amendments to address inconsistencies and clarify requirements.
Russett noted over the past several months staff has kept a list of minor amendments that need
to be made to the zoning code. There have been multiple meetings between staff members in
Neighborhood and Development Services, including: building inspectors, planners, and code
enforcement staff. The purpose of these meetings was to clarify the changes that need to be
made and why, resulting in a list of minor amendments.
The proposed ordinance would result in six minor amendments related to design review of
sidewalk cafes, minor modification for general educational facilities, alcohol sales in intensive
commercial zones, payment of in-lieu fees for parking reductions, parking drive widths, and
definitions for “Bed and Breakfasts”.
With regards to the design review of sidewalk cafes, they are currently allowed in the Central
Business District and within Riverfront Crossings. The Code currently requires these are
subject to Staff design review. After the City started allowing sidewalk cafes, they developed a
sidewalk café policy and sidewalk café regulations. These policies and regulations address
requirements such as safety and consistency with the existing context of the neighborhood so
design review is no longer needed. Therefore the proposed amendment would remove the
design review requirement for sidewalk cafes and eliminates that current inconsistency.
The next amendment is related to minor modifications needed for general educational facilities.
General educational facilities are grade schools, high schools, anything below the university
level. Currently there is an inconsistency in the Code where one section states a minor
modification is needed for a building expansion of less than 500 square feet for a general
educational facility and then there is another section of the Code that says these small
expansions are allowed by right. The proposed amendment is to allow these small additions
without a minor modification to eliminate this inconsistency, which would also make the process
easier and more streamlined for these small improvements.
The next proposed change is related to alcohol oriented sales in the intensive commercial
zones. Currently the Code only allows alcohol sales in the intensive commercial zone if it is
associated with a gas station. In 2013 there was an ordinance amending the uses permitted in
the intensive commercial zone to be more similar to uses allowed in community commercial
zones. With that amendment the intensive commercial zone (CI-1) allowed restaurants and
bars, medical and dental offices and sales oriented retail but through that amendment it did not
address alcohol sales specifically. This was recently brought to the attention of Staff because
they received an application from a delivery service business that requested a liquor license in
an intensive commercial zone, but it would not be a gas station so they were not allowed a
liquor license. Staff feels this was an oversight when the Code was amended in 2013 not to
address alcohol related sales. The proposed amendment would remove the provisional use
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criteria in the intensive commercial zone and allow those as a permitted use and clarify the
intention of the ordinance of 2013.
Next is alternatives to the minimum parking requirements, currently the Code outlines provisions
for parking reductions in the Downtown and Riverfront Crossings Parking District. These
parking reductions, if approved, require the developer pay a “parking in-lieu fee” and the Code
allows the fee to be paid in either one installment or three annual payments. Typically the City
requires payment of other fees prior to the issuance of a building permit, so the three annual
payment option has caused some inefficient staff time because it is not consistent to how the
City treats other fees. With the proposed amendment Staff is proposing to eliminate the option
of the three annual payments and to require payment prior to issuance of a building permit
bringing the fee collection in line with other City fee collections.
The next amendment is related to parking and stacking space size. Currently the Zoning Code
specifies drive width for surface parking lots but it does not specify drive widths for structured
parking. The proposed amendment would clarify the drive width standards for surface parking
also apply to structured parking.
Lastly, definitions related to “Bed and Breakfasts”, there is also another inconsistency in the
Code where the definitions in the zoning code currently states that both "Bed and Breakfast
Homestays" and "Bed and Breakfast Inns" are allowed in duplexes and another section where it
states these are only allowed in single-family residences. The proposed amendment would
clarify that “Bed and Breakfast Homestays" and " Bed and Breakfast Inns" are only allowed in
single-family residences, not in duplexes.
Staff recommends that the Planning and Zoning Commission recommend adoption of the draft
ordinance by the Iowa City City Council.
Signs asked what the difference is between "Bed and Breakfast Homestays" and "Bed and
Breakfast Inns". Russett explained it is the number of occupants, a Homestay is smaller than
an Inn.
Baker asked about the alcohol sales amendment, noting he is always curious where a change
request comes from (i.e. staff or an applicant), and asked if the GoPuff delivery business is
already in operation. Russett confirmed it is in operation. Hektoen noted the business does not
have a liquor license, they are operating under their business model. Baker stated then they
opened business knowing they were not allowed to sell alcohol under the current zone. Russett
said they did not realize it because they did apply for a liquor license. Baker asked about the
provision for liquor to be allowed to be sold in gas stations, if that was changed in 2013.
Russett said the ability for gas stations to sell alcohol was prior to 2013, the amendment in 2013
expanded the uses allowed in intensive commercial zones, but this particular use was not
addressed. Baker asked if this has ever been an issue before for any other business and
Russett is not aware of another situation. Baker stated he has a problem with this amendment,
he has no problem with the way the ordinance is arranged now making it provisional for a very
narrow set of businesses, he does not see a compelling reason to expand the availability of
liquor licenses in these zones. He understands this amendment is part of a multi-amendment
agenda item and he will not vote against the overall changes, he just wanted to go on record
that if this was an independent amendment he would oppose it as he sees no reason to change
how the regulation is written now.
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Hensch asked where the GoPuff Delivery business is located, Russett was unsure of the
address off hand but showed a zoning map and noted the gray areas are the intensive
commercial areas.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Signs moved to recommend approval of ZCA18-00004 Amendments to Title 14, Zoning of
the Iowa City Code related to minor amendments to address inconsistencies and clarify
requirements.
Martin seconded the motion.
Hensch stated he does not have a problem with any of the amendments, he finds it ironical the
only place one can purchase alcohol is in an establishment designated for motor vehicles,
noting the irony.
Signs asked if Baker’s general objection is to expanding the sale of alcohol. Baker confirmed.
Hensch acknowledged staff for going through and cleaning up the Code and noting
inconsistencies.
A vote was taken and the motion carried 6-0. (Townsend absent)
CONSIDERATION OF MEETING MINUTES: OCTOBER 18, 2018
Baker was absent from the meeting so had questions on the overall discussion of trade-off and
bonuses given for preservation could be delegated to other certain zones, he didn’t see any
discussion of any specific zones. He agrees with the overall concept but wondered about
discussion if a specific zone was more or less applicable for designation to the transfer. Hensch
said it was not discussed in that way, the concerns were being able to transfer within that district
or to other districts. Russett said the developer can request either a transfer of density or height.
Hektoen said this conversation is not appropriate under this agenda item.
A vote was taken and the meeting minutes of October 18, 2018 as corrected passed 6-0.
PLANNING AND ZONING INFORMATION:
Attendance Policy: Hensch asked Russett to add this to the agenda so it could be discussed.
Russett included the bylaws in the agenda packet to remind everyone what the attendance
policy is and it states in the bylaws if any Commissioner has more than three unexcused
absences they could be removed from the Commission pursuant to City Council vote. Hensch
stated his concern was when the last meeting had to be cancelled due to lack of a quorum he
wanted to make sure that is not a recurring activity.
City Council request for consult regarding proposed transfer of development rights
ordinance for historic properties: Russett said the City Council held a public hearing on the
proposed ordinance and they could not get enough votes to support the ordinance moving
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forward. In those situations Council will request a consult with Planning and Zoning (when
Council disagrees with Planning and Zoning) and the Commission has the option to have a
consult or not regarding this topic. Baker asked what the Council objections were. Russett said
there was concerns about the complexity of the ordinance and whether it would be an effective
incentive for preserving historic resources, there was concern about the process, it not being
certain, there is also concern about additional density and additional height in some areas of the
City. Hensch noted he finds it curious Council asked the Commission to look at the ordinance,
the Commission did and then Council didn’t want to do it. Therefore Hensch doesn’t see a point
for a consult, there is nothing the Commission can say to make it less complex, it is what it is. If
Council wants the whole issue reworked so it is simpler and follows more what their will is then
that can happen at the staff level and brought forward again. Martin agreed. Baker noted his
concern was when he looked at one of the areas he felt the last thing needed was an increase
in density in that area (South Johnson Street area).
Baker asked if the Commission would object if he expressed his individual concern on that
particular issue to Council members. Hensch said that is fine as an individual concern but not
as a Commission concern.
Signs said he feels the Commission did touch on the idea of what happens if, but doesn’t recall
a solid compelling concern. Hensch agrees.
The Commission agreed to no consultation with Council on this subject.
Adjournment:
Parsons moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 6-0.
PLANNING & ZONING COMMISSION ATTENDANCE RECORD2018 (W.S) 3/12 3/15(W.S.)4/2 4/5(W.S)4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O/E X X O/E X DYER, CAROLYN X O/E X O/E X X X X X O/E X O O/E O X X FREERKS, ANN X X X X X X O/E X X X ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- X HENSCH, MIKE O/E O/E X XXXXXX XXXXXXX MARTIN, PHOEBE O/E X X X X X X X X X X X X X X X PARSONS, MAX X X X X X X X X X X X X O/E X X X SIGNS, MARK X X X XXXXXX XXXXXXX THEOBALD, JODIE X X X X X X X X X O/E ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member