HomeMy WebLinkAboutP&Z Packet 6.20.2019PLANNING AND ZONING COMMISSION
June 20, 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
(Continued from 6/6/2019)
4. Case No. SUB19-04
Applicant: Paradigm Properties LLC
Location: Southwest corner of E. 1st Street and S. Gilbert Street
An application submitted by Paradigm Properties LLC for a Preliminary Plat for a
resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook,
Sargent, and Downey’s Addition located at the southwest corner of E. 1st Street and S.
Gilbert Street.
5. Urban Renewal Item
Discussion on Proposed Forest View Urban Renewal Plan located south of Interstate 80,
west of N. Dubuque Street, and east of Mackinaw Drive.
6. Case No. REZ19-06
Applicant: City of Iowa City
Location: 225 N. Gilbert Street
An application submitted by the City of Iowa City for a rezoning of approximately 0.1 acres
of property located at 225 N. Gilbert Street from Central Business Service District (CB-2) to
CB-2 with a Historic District Overlay (CB-2/OHD).
7. Case No. REZ19-05
Applicant: City of Iowa City
Location: 229 N. Gilbert Street
An application submitted by the City of Iowa City for a rezoning of approximately 0.09 acres
of property located at 229 N. Gilbert Street from Central Business Service District (CB-2) to
CB-2 with a Historic District Overlay (CB-2/OHD).
Planning and Zoning Commission
June 20, 2019
Formal Meeting – 7:00 PM
8. Consideration of Meeting Minutes: June 6, 2019
9. Planning & Zoning Information
10. 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: July 3 / July 18 / August 1
Informal: Scheduled as needed.
Date: June 20, 2019
To: Planning and Zoning Commission
From: Ray Heitner, Associate Planner
Re: Supplemental Memo to SUB19-04
Background
This memo is being written to provide some additional context for the scheduled continued discussion
on SUB19-04, an application for a preliminary plat for a resubdivision of Lot 6 and Outlot H of Phase 2
and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey’s Addition . The subject area is
located at the southwest corner of E. 1st St. and S. Gilbert St., in the Riverfront Crossings South Gilbert
Subdistrict.
At the June 6, 2019 Planning and Zoning Commission meeting, a neighbor (Aero Rental) to the subject
property brought legal counsel to the meeting to bring several items to the Commission’s attention.
Commissioner Baker requested that the concerns be submitted to staff in writing. Staff has not received
any written correspondence; however, the following summarizes the concerns expressed at the June 6
meeting:
- Property owner feels that the City is pushing it out of the area and the development activity in
the area has significantly damaged the property owner.
- The private alley parallel to S. Gilbert St. shown on the plat provides no connection to E. 1 st
Street.
- An existing sanitary sewer easement along Ralston Creek, a portion of which is on the Aero
Rental property, has been torn up since September 2018. There are open trenches, fences
have been removed, and this activity has significantly disturbed Aero Rental’s business.
- Concerns related to municipal infrastructure being able to support the intense development.
- The popularity of the area has caused parking issues. There is limited on-street parking in the
area and the property owner is concerned of others parking on its site.
Upon hearing these items, the Commission deferred the preliminary plat application to June 20, 2019.
With this memo, staff intends to outline the history of the subject property and subject development,
and highlight what items the Commission is required to consider in its evaluation of a preliminary plat
application. The memo will also outline staff’s response to concerns brought up by Aero Rental’s legal
counsel that are topical to staff and the Commission’s evaluation of the subject preliminary plat
application.
Development and Application History
The subject area will be the third phase of The Crossings development. Incremental stages of this
development have been presented to the City since 2015. A rezoning of the balance of the
development area from Intensive Commercial (CI-1) and Neighborhood Public (P-1) to Riverfront
June 14, 2019
Page 2
Crossings South Gilbert (RFC-SG) in October 2016 (shown in blue in Figure 2) allowed for the
development area to conform to the envisioned uses and building forms detailed in the South Gilbert
Subdistrict of the Downtown and Riverfront Crossings Master Plan. This zone is intended for high
intensity mixed-use development in buildings with active ground floor uses along S. Gilbert Street
opening onto pedestrian-friendly streetscapes. The zoning allows a mix of residential and commercial
uses appropriate to an urban neighborhood, including retail, restaurant, and office uses. The maximum
height permitted without height bonuses is 6 stories. A final plat of Phase Two of The Crossings
Development was approved by the City Council in July of 2017. With the approval of the rezoning and
plat that occurred in 2017, the developer can build the lot and street network that is shown in Figure 1.
Note that the approved final plat from 2017 shows the private north-south alley terminating at the Aero
Rental Property.
A rezoning of 227 E. 1st St. (shown in orange in Figure 2), was recommended for approval by the
Planning and Zoning Commission to the City Council on May 16, 2019. The subject preliminary plat
intends to incorporate 227 E. 1st St. into The Crossings development. The applicant must rezone 227 E.
1st St. to build the intended mixed-use structure on the lot, but does not have to replat the lot to locate
the planned structure on the lot.
Figure 1
June 14, 2019
Page 3
Figure 2
Active Preliminary Plat Application
The current preliminary plat application for Phase
Three of The Crossings development attempts to
incorporate the newly acquired lot, 227 E. 1st St.,
into the previously approved Lot 6 from Phase
Two of The Crossings development. Provided
that the rezoning application for 227 E. 1st St. is
approved by the City Council; the developer can
build a building on the lot that is in compliance
with the Riverfront Crossings zoning regulations.
Staff Analysis of Land Subdivision Code
Application to SUB19-4
As stated above, the subject preliminary plat
application involves the inclusion of a small parcel
of land (0.16 acres after right-of-way dedication)
to a much larger development that has already
been approved.
Of the concerns expressed at the June 6 public
meeting, the one item relevant to the preliminary
plat discussion is the termination of the private
alley at the Aero Rental property line. Staff finds
that the previously approved internal street
network for the development will provide sufficient
access and circulation. While staff knows that the
north-south alley cannot connect to E. 1st St. without an access agreement in place, the inclusion of
0.16-acres of land on to the previously approved lot is not enough to require a connection from the
north-south alley on to E. 1st St.
Lastly, approval of the preliminary plat will allow for the provision of public improvements in the way of
8’ wide sidewalks along the S. Gilbert St. and E. 1st St. frontages. Installation of these sidewalks will be
required at the time of construction of the planned mixed-use building on the subject lot.
Recommendation
Staff recommends approval of SUB19-04, a preliminary plat of The Crossings Phase Three, an
approximately 0.83-acre, 1 lot, mixed-use subdivision located at the southwest corner of E. 1st St. and
S. Gilbert St.
Approved by: ___________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Date: June 10, 2019
To: Planning and Zoning Commission
From: Wendy Ford, Economic Development Coordinator
Re: Proposed Forest View Urban Renewal Area
Presented for the Planning and Zoning Commission’s review is the proposed Forest View Urban
Renewal Plan. The urban renewal plan is proposed for the purpose of and the prerequisite to
establishing a tax increment financing district.
State Code requires that prior to the City Council holding a public hearing on a new urban
renewal area, the Planning and Zoning Commission must review and submit a written
recommendation about the urban renewal plan to the City Council regarding its conformity with
the Iowa City Comprehensive Plan.
Conformity with the Comprehensive Plan
As noted in the staff report submitted with the rezoning application approved on June 4, 2019,
the proposed uses appear to comply with the Comprehensive Plan policies amended and
adopted in April 2019.
Urban Renewal designation allows for tax increment financing (TIF)
TIF is a mechanism that may be used to finance projects within a designated urban renewal
area. The difference between taxes derived from the unimproved property and those derived
after is the increment of taxes which may be pledged by a City to retire loans, advances, bonds,
or other indebtedness incurred by a developer or the city in furtherance of the development.
Chapter 403 of the Code of Iowa sets forth the provision of tax increment financing. To establish
a TIF district, a city must first prepare an urban renewal plan for a specific urban renewal area.
A city may designate an urban renewal area as a “blighted,” “slum,” or “economic development”
area, each of which is defined in Chapter 403. The Forest View Urban Renewal Plan will be a
combination Slum, Blight and Economic Development Area.
Goals of the Urban Renewal Area
This Plan is intended to improve the community by encouraging new commercial development,
providing secondary access and improving connectivity between the Peninsula and Mackinaw
Village Neighborhoods to Dubuque Street. More specific goals for development within the
Urban Renewal Area are as follows:
1. To help finance the cost of constructing public utility and infrastructure extensions and
improvements to facilitate a second roadway access.
June 14, 2019
Page 2
2. To facilitate the redevelopment of parcels within the area for commercial uses.
3. To stimulate, through public action and commitment, private investment in new
commercial development that may be supported in part by additional residential
development in the vicinity.
4. To maintain and improve the character of the community by strengthening the tax
base.
5. To increase the availability of housing opportunities; which may in turn attract and
retain commercial enterprises that will strengthen and revitalize the economy of the
State of Iowa and the City.
6. To plan for and provide sufficient land for development in a manner that efficiently
provides municipal services.
7. To promote development utilizing any other objectives allowed by Chapter 403 of the
Code of Iowa.
8. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403.
The following objectives derived from these goals are hereby established:
1. Undertake and carry out the urban renewal project set forth in Section 7 below;
2. Use any or all other powers granted to the City by the Urban Renewal Act to develop
and provide for improved economic conditions in the City and the State of Iowa;
3. Connect neighborhoods, reduce transportation time, allow greater access for
pedestrians, bikers and public transportation; and
4. Open opportunities for development of a range of uses including commercial, office,
single and multi-family residential units that will help support the commercial enterprises
consistent with the Comprehensive Plan and zoning code.
Next Steps
In addition to the Planning and Zoning Commission’s review and recommendation, the City
must also hold a consultation with representatives from the county and school district to provide
the taxing entities an opportunity to comment on the use of the incremental tax revenues. This
consultation will be held early in July at City Hall.
After the consultation with the affected taxing entities the City Council will consider adoption of
the urban renewal plan at a Public Hearing tentatively scheduled for July 16.
June 14, 2019
Page 3
Subsequently, a TIF ordinance will be adopted. A TIF ordinance enables the division of
incremental tax revenues from the base tax revenues in the event the City Council approves a
development agreement for the Forest View Drive/Algonquin Road project. A development
agreement would outline specific performance requirements by the developer.
Recommendation
Staff recommends that the Planning and Zoning Commission forward a written recommendation
to the City Council stating that the Forest View Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of
Iowa City.
Attachments: Forest View Urban Renewal Plan
Forest View
Urban Renewal Plan
City of Iowa City, Iowa
2019
Table of Contents
Section 1 – Introduction
Section 2 – Description of Urban Renewal Area
Section 3 – Area Designation
Section 4 – Base Value
Section 5 – Urban Renewal Plan Objectives
Section 6 – Proposed Urban Renewal Activities
Section 7 – Proposed Urban Renewal Projects
Section 8 – Conformance with Land Use Policy and Zoning Ordinance
Section 9 – Relocation
Section 10 – Financial Data
Section 11 – Urban Renewal Plan Amendments
Section 12 – Property Acquisition/Disposition
Section 13 -- Property Within an Urban Revitalization Area
Section 14 – Effective Period
Section 15- Severability Clause
Addendum No. 1 – Legal Description
Addendum No. 2 – Location Map
Section 1- Introduction
This Urban Renewal Plan (“Plan”) for the Forest View Urban Renewal Area (“Urban
Renewal Area” or “Area”) has been developed to help local officials promote economic
development within Iowa City, Iowa. The City has determined this area to be appropriate
for attracting and encouraging new commercial enterprises, enabling the commercial
development to serve nearby residential neighborhoods, and improving connectivity for
neighborhoods to the west and within the urban renewal area. This Plan contemplates
that tax increment financing may be used to assist in the construction of Forest View Drive
from Dubuque Street west to and connecting with Algonquin Road and other parcels
within the development to facilitate the construction of commercial, office and residential
space to meet one or more of the Plan objectives.
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2019 Code of Iowa, as amended.
Section 2- Description of Urban Renewal Area
The legal description of this Urban Renewal Area is attached and incorporated herein as
Addendum No. 1 – Legal Description and depicted in Addendum No. 2 – Location Map.
Section 3- Area Designation
With the adoption of this Plan, Iowa City designates this Urban Renewal Area as a slum
and blighted area, as well as an economic development district that is appropriate for
residential, office and commercial development.
Section 4- Base Value
If a Tax Increment Financing (TIF) Ordinance is adopted and debt is certified prior to
December 1, 2019, the taxable valuation within the area included in the TIF Ordinance
as of January 1, 2018 will be considered that area’s frozen “base value.” If debt is not
certified until a later date, the “base value” will be the assessed value of the taxable
property within the TIF Ordinance area as of January 1 of the calendar year preceding
the calendar year in which the City first certifies the amount of any debt on the Forest
View Urban Renewal Area.
Section 5- Urban Renewal Plan Goals and Objectives
This Plan is intended to improve the community by encouraging new commercial
2
development, providing secondary access and improving connectivity between the
Peninsula and Mackinaw Village Neighborhoods to Dubuque Street. More specific goals
for development within the Urban Renewal Area are as follows:
1. To help finance the cost of constructing public utility and infrastructure extensions
and improvements to facilitate a second roadway access.
2. To facilitate the redevelopment of parcels within the area for commercial uses.
3. To stimulate, through public action and commitment, private investment in new
commercial development that may be supported in part by additional residential
development in the vicinity.
4. To maintain and improve the character of the community by strengthening the tax
base.
5. To increase the availability of housing opportunities; which may in turn attract and
retain commercial enterprises that will strengthen and revitalize the economy of the
State of Iowa and the City.
6. To plan for and provide sufficient land for development in a manner that efficiently
provides municipal services.
7. To promote development utilizing any other objectives allowed by Chapter 403 of
the Code of Iowa.
8. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403.
The following objectives derived from these goals are hereby established:
1. Undertake and carry out the urban renewal project set forth in Section 7 below;
2. Use any or all other powers granted to the City by the Urban Renewal Act to develop
and provide for improved economic conditions in the City and the State of Iowa;
3. Connect neighborhoods, reduce transportation time, allow greater access for
pedestrians, bikers and public transportation; and
4. Open opportunities for development of a range of uses including commercial, office,
single and multi-family residential units that will help support the commercial
enterprises consistent with the Comprehensive Plan and zoning code.
Section 6 - Proposed Urban Renewal Activities
To meet the goals objectives of this Urban Renewal Plan, the City intends to utilize the
powers conferred under Chapter 403 and Chapter 15A, Code of Iowa, including, but not
limited to, tax increment financing. Activities may include:
3
1. Execute development agreements, retain the services of qualified professional
consultants and execute any other contracts and instruments necessary to achieve the
Plan Goals, Objectives and Projects.
2. Make or have made surveys and plans necessary for the implementation of the Urban
Renewal Plan or specific urban renewal projects.
3. Tax Increment Financing. To the full extent allowed by Iowa Code Chapter 403 and
Subchapter III of Chapter 384, the City may issue general obligation bonds, tax increment
revenue bonds, internal loans or such other obligations or loan agreements, and seek tax
increment reimbursement for, among other things, the costs of urban renewal projects (if
and to the extent incurred by the City), including, but not limited to:
a) Constructing public improvements, such as streets, sidewalks, sanitary sewers,
storm sewers, water mains, utilities, trails or other related facilities.
b) Providing the local matching share of state or federal grant and loan programs.
c) Making loans or grants or other incentives to private entities or persons related
to urban renewal projects.
d) Other authorized urban renewal projects.
4. To acquire property through a variety of means (purchase, lease, option, etc.) and to
hold, clear, or prepare the property for redevelopment.
5. To dispose of property so acquired.
6. To arrange for, or cause to be provided, the construction or repair of infrastructure,
including but not limited to, streets, sidewalks, water mains, sanitary sewer, storm water
drainage, gas and electric utilities, street lighting, or other public improvements in
connection with urban renewal projects.
7. To vacate, dedicate, or obtain certain public roadways, or utility easements when
deemed necessary to provide access to new and/or residential developments.
8. To provide for relocation of persons, businesses, and industries displaced by the
project, if necessary.
9. To make loans, forgivable loans, tax rebate payments, or other types of grants or
incentives to private persons, organizations, or businesses for economic development
purposes or residential projects, on such terms as may be determined by the City Council.
10. To borrow money and to provide security therefor.
11. To use any or all other powers granted by the Urban Renewal Act to develop and
provide for improved economic conditions for the City of Iowa City and the State of Iowa.
4
Nothing herein shall be construed as a limitation on the power of the City to exercise any
lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter
427B, or any other provision of the Code of Iowa in furtherance of the objectives of this
Urban Renewal Plan.
The Council’s determination to undertake any of these activities shall be based upon its
economic development policy, which may be amended from time to time, as necessary
in Council’s discretion, and on additional performance criteria the Council finds
appropriate on a case-by-case basis.
Section 7 – Proposed Urban Renewal Projects
The eligible urban renewal projects under this Urban Renewal Plan include:
1. Public Improvements and Related Development Agreement:
Under authority granted by the Plan, the City anticipates entering into a Development
Agreement (the "Agreement") with North Dubuque, LLC (the “Developer”). The
Agreement would obligate the Developer to construct certain Minimum Improvements (as
defined in the Agreement) on certain real property located within the Urban Renewal
Area, consisting primarily of the construction of Forest View Drive, under the terms and
following satisfaction of the conditions set forth in the Agreement. The Agreement would
further obligate Developer to construct Public Improvements supporting the project as
described below:
Project Approximate
Date
Estimated
Cost
Rationale
Construction of Forest
View Drive connecting
Dubuque Street to
Algonquin Road,
including street and
sidewalk pavement,
watermain extension,
sanitary sewer, trail and
other utility
infrastructure and
landscaping
2019-2021 Not to exceed
$12,900,000
Necessary infrastructure
to foster redevelopment
projects. Supports
transportation network
providing secondary
access to neighborhood
and encourages walking,
biking, and public transit.
The Agreement would then obligate the City to make consecutive annual payments of
Economic Development Grants to Developer using Tax Increment pursuant to the Iowa
5
Code Section 403.19 and made possible by the construction of the Minimum
Improvements and the redevelopment of lots within the area, the cumulative total for all
such payments not to $12,900,000. These Grants will not be general obligations of the
City but will be payable solely from incremental property taxes generated by the Minimum
Improvements.
The City expects to enter into a development agreement with Developer (or a related
entity or another entity) that provides detailed terms and conditions, not all of which are
included in this Plan.
2. Planning, Engineering, Attorney, and Administrative Fees, and Other Related
Costs to Support Urban Renewal Projects and Planning:
Project Estimated Date Estimated Cost to be Funded with TIF
Funds
Fees and Costs Undetermined Not to Exceed $100,000
Section 8- Conformance with Land Use Policy and Zoning Ordinance
Comprehensive Plan/North District Plan
This Urban Renewal Area is located within the North District set forth in the adopted
IC2030 Comprehensive Plan, as amended on August 15, 2017 and subsequently on April
2, 2019, in consideration of the redevelopment plans of North Dubuque LLC.
The Comprehensive Plan notes that development in the area has been limited due to lack
of adequate streets, water and sewer service, and that when infrastructure is improved,
there may be market pressure to redevelop some of the existing properties, particularly,
the Forest View Mobile Home Park. The 2017 amendment to the plan modified the land
use map, accepted a sensitive areas inventory and added certain housing, transportation
and design goals. The April 2019 amendment allowed for higher concentration multi-
family residential development to be located central to the community and single family
residential development to be located along the western edge of the community.
The Comprehensive Plan states that development should be designed to conserve and
protect open space by clustering development away from steep slopes and
environmentally sensitive areas. While protection of environmentally sensitive areas
becomes more of a concern as infrastructure improves inviting new development, the
plan could accommodate development if it is clustered along Forest View Drive (the
extension of Laura Drive).
6
There were several goals adopted and incorporated into the North District Plan resulting
from the 2017 resolution. Those included two housing goals requiring the developer to
provide relocation assistance to residents, and certain design standards and woodland
buffers be met to maintain the livability of the Mackinaw Village neighborhood. There were
two commercial and institutional use goals – one, to preserve the scenic character of the
primary entrance to the City and another, that a buffer of existing trees and vegetation be
preserved between the Dubuque Street right of way and any development. There was
also a transportation goal, that upon redevelopment, access to Dubuque Street for south
bound traffic north of Foster Rd. may be allowed provided that the intersection is designed
to accommodate anticipated traffic volumes from the developing area.
In summary, the goals, objectives and projects set forth in this Plan are in conformity with
the City’s Comprehensive Plan.
Current Zoning and Proposed Land Uses
Currently the Urban Renewal Area is conditionally zoned a mix of High Density Single-
Family Residential with a Planned Development Overlay (OPD/RS-12) (50.82 acres);
Highway Commercial with a Planned Development Overlay (OPD/CH-1) (20.45 acres);
and Neighborhood Public with a Planned Development Overlay (OPD/P-1) for 1.88 acres,
subject to a conditional zoning agreement that imposes certain use obligations and
limitations to meet public needs created by the rezoning.
The proposed land uses include commercial, office, public open space, and residential
which are consistent with the zoning.
Section 9- Relocation
The Urban Renewal Area currently surrounds the Forest View Mobile Home Park, a
mobile home park established in the 1940s. This park will eventually be demolished as
part of redevelopment of the Urban Renewal Area. A feasible method exists for the
location of families who will be displaced from the urban renewal area into decent, safe,
and sanitary dwellings within their means and without undue hardship to such families.
The City and the developer will negotiate and execute an Affordable Housing Agreement
or similar agreement detailing the terms of such relocation plan. The provisions of said
agreement shall be guided by the principles of the Forest View Mobile Home Park
Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents
of Forest View Mobile Home Park and the Center for W orker Justice, a copy of which is
attached to the rezoning Ordinance No. _____, and shall include the provision (at the
residents’ options) of replacement housing, financial advisory services and reasonable
moving expenses to all households residing on the above-described property upon the
effective date of the Conditional Zoning Agreement. The affordable housing agreement
7
shall foster diligent communication with residents, ensure the provision of replacement
housing prior to demolition of the existing housing, and offer opportunities for
homeownership to minimize the impact of displacement and hardship on the residents.
The Owner shall offer three categories of replacement housing to ensure that residents
are relocated to affordable, decent, safe and sanitary houses which are, at a minimum,
comparable in size and features to what residents currently have in the existing Forest
View Mobile Home Park. Those three categories are: relocation to the new Forest View
Manufactured Housing Park (moving expenses and financing options available);
relocation to the new multi-family buildings constructed within the above-described
property (moving expenses and financing options available); and relocation not within the
above-described property (reasonable moving expenses available). Said affordable
housing agreement shall be approved by the City Council.
Section 10- Financial Data
1. Constitutional Debt Limit: $ 295,383,033
2. Current general obligation debt: $ 48,030,000
3. Proposed amount of indebtedness to be incurred: Although a specific amount of
tax increment debt to be incurred (including direct grants, loans, advances, indebtedness,
or bonds) for projects over time has not yet been determined, it is anticipated that the cost
of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6
and 7 above will be $13,000,000 million. In no event will debt be incurred that would
exceed the City’s debt capacity. It is further expected that loans, advances, indebtedness
or bonds to be incurred for the Proposed Project or subsequent projects, including interest
on the same, will be financed in whole or in part with tax increment revenues from the
Urban Renewal Area. The City Council will consider each request for financial assistance
or a project proposal on a case-by-case basis to determine if it is in the City’s best interest
to participate.
Section 11- Urban Renewal Plan Amendments
This Urban Renewal Plan may be amended from time to time for a number of reasons,
including, but not limited to changes in the boundary; to modify goals, objectives, or types
of activities; or to amend property acquisition and disposition provisions.
If the City of Iowa City desires to amend this Urban Renewal Plan, it shall do so in
conformance with applicable state and local laws.
Section 12 - Property Acquisition/Disposition
8
If property acquisition/disposition by the City becomes necessary to accomplish the
objectives of the Plan, such acquisition/disposition will be carried out, without limitation,
in accordance with the Iowa Code.
Section 13- Property Within an Urban Revitalization Area
The Urban Renewal Area, as amended, may (now or in the future) also be located within
an Urban Revitalization Area. The City Council, at its sole discretion, shall determine
which incentives are available through either: (a) this Plan, for urban renewal incentives,
if any urban renewal incentives are offered by the City; or (b) tax abatement incentives
under the Urban Revitalization Plan; or (c) some combination of the two incentives as
determined by the City in its sole discretion.
Section 14 - Effective Period
This Urban Renewal Plan will become effective upon its adoption by the City Council of
Iowa City and will remain in effect as a plan until it is repealed by the City Council.
With respect to the property included within the Forest View Urban Renewal Area, which
is also included in an ordinance which designates that property as a tax increment area,
the use of incremental property tax revenues or the “division of revenue,” as those words
are used in Chapter 403 of the Code of Iowa, beginning with the second fiscal year after
the year in which the municipality first certifies to the county auditor the amount of debt
which qualifies for payment from the division of the revenue in connection with any such
project.
The division of revenues may continue in the Urban Renewal Area for the maximum
period allowed by law. It is also anticipated that separate TIF ordinances for separate
parcel(s) may be adopted as development in the Area warrants. In that case, each
separate TIF ordinance may have a separate base and separate sunset or expiration
date.
At all times, the use of tax increment financing revenues (including the amount of loans,
advances, indebtedness or bonds which qualify for payment from the division of revenue
provided in Section 403.19 of the Code of Iowa) by the City for activities carried out in the
Forest View Urban Renewal Area shall be limited as deemed appropriate by the City
Council and consistent with all applicable provisions of law.
Section 15: Severability Clause
9
If any part of this Plan is determined to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the Plan as a whole or any part of the
Plan not determined to be invalid or unconstitutional.
Addendum No. 1
Legal Description of the
Urban Renewal Area
Commencing at the north quarter corner of Section 4, Township 79, Range 6 west of the
fifth principle meridian; thence S 03° 07’ 46” E, a distance of 311.18 feet to the northeast
corner of Lot 104 of mackinaw village part five as recorded in book 57, page 241 of the
records of Johnson county, Iowa Recorder’s office, said point being the point of beginning;
thence S 86°50’44” E along the southerly right-of-way line of U.S. Highway Interstate 80,
a distance of 140.15 feet, thence N 86°23’32” E along said southerly line, a distance of
718.54 feet, thence N 75°35’49” E along said southerly line, a distance of 463.42 feet;
thence N 80°27’46” E along said southerly line, a distance of 294.70 feet; thence N
87°03’11” E along said southerly line, a distance of 428.87 feet; thence S 81°04’24”E
along said southerly line, a distance of 105.39; thence S 79°11’57” E along said southerly
line, a distance of 504.56 feet; said point being on the west line of the northwest quarter
of the northwest quarter of Section 3, Township 79, Range 6 west; thence S 01°45’29” E,
a distance of 425.26 feet; thence S 88°54’57” W, a distance of 562.46 feet; thence S
88°56’09” W, a distance of 102.69 feet; thence S 01°11’07” E, a distance of 654.95 feet;
thence S 88°09’37” W, a distance of 640.01 feet; thence S 88°39’49 W, a distance of
152.49 feet; thence S 49°42’42” W, a distance of 111.02 feet; thence S 26°26’43’41” E, a
distance of 158.46 feet; thence S 44°43’52” W, a distance of 337.66 feet; thence S
02°40’38” E a distance of 41.04 feet; thence S 87°04’33” W, a distance of 181.81 feet;
thence S 00°01’08” E, a distance of 328.80 feet; thence S 87°58’50” W, a distance of
33.02 feet; thence N 00°01’08” W, a distance of 814.67 feet; thence S 88°41’48” W, a
distance of 674.33 feet; N 03°05’12” W, a distance of 1039.43 feet, to the point of
beginning. Said parcel of land containing 61.14 acres, more or less, and subject to
easement and restrictions of record.
And all of the northwest quarter, of the northwest quarter of Section 3, Township 79,
Range 6 west of the fifth principle meridian. Said area containing 39.56 acres, and subject
to easements and restrictions of record.
Approximately 100.7 acres in total.
Ad dendum No. 2
Location Map: Forest View Urban Renewal Area
Date: June 14, 2019
To: Planning and Zoning Commission
From: Jade Pederson, Planning Intern
Re: Designation of the Hohenschuh-Hervert House, 225 North Gilbert Street, as a
Historic Landmark (REZ19-06)
Background: City staff has requested that the Hohenschuh-Hervert House, located at 225
North Gilbert Street, be designated as an Iowa City Historic Landmark. The house was built in a
vernacular design with Folk Victorian detailing in 1904 by Charles Mentzer, a socially
recognized carpenter, for Christian and Clara Dostal Hohenschuh, prominent figures in Iowa
City society and owners of 229 North Gilbert Street. In 1936, Katie Hervert, and later her
husband Frank Henry Hervert, gained ownership and made significant alterations to the house.
Frank Hervert was a member of the design-build carpentry industry in Iowa City which
influenced the stylistic designation of the house.
Historic Preservation Commission Review: The Historic Preservation Commission met on
June 13, 2019 and conducted a public hearing at which they reviewed and evaluated the
historic significance of the Hohenschuh-Hervert House. The Commission determined that the
property meets the requirements for a landmark and voted to recommend approval of the
designation of 225 North Gilbert Street as an Iowa City Historic Landmark. The building is
significant because of its relationship to second-generation immigrant families in the Northside
of Iowa City, the local tradition of architectural salvage and reuse, and being a well-preserved
example of local design-builder craftsmanship.
Planning and Zoning Commission Review: Landmark designation is a zoning overlay and
therefore requires a recommendation from the Planning and Zoning Commission to the City
Council. The Commission’s role is to review the proposed designation based on its relation to
the Comprehensive Plan and the proposed public improvements and plans for the renewal of
the area involved.
There are two specific areas of the Comprehensive Plan that appear to apply to this proposal:
1). the Central District Plan and 2). the Historic Preservation Plan.
The property falls within the Northside Marketplace Commercial Area of the Central District. The
historic character of the Northside Marketplace is maintained by its distinct identity and scale.
The preservation of historic resources is encouraged to aid in maintaining culture, history, and
identity in Iowa City. Furthermore, Goal 1b. for the Northside Marketplace calls for the protection
of historic buildings.
The Historic Preservation element of the Comprehensive Plan has two goals that relates to this
proposal. Goal 1: Identify historic resources significant to Iowa City’s past and Goal 10: Adopt
strategies that preserve historic neighborhoods, and in particular, the Gilbert-Linn Street
neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and
pursuit of Local Landmark designation. The information provided by the Iowa Site Inventory
form, and the Intensive Historical and Architectural History Survey and Evaluation of 225 N
Gilbert Street and 229 N Gilbert Street done by Tim Weitzel confirms the property is significant
to Iowa City’s history, architecture, archaeology, and culture; that it possesses integrity of
location, design, setting, materials, and workmanship; is associated with events that have made
June 14, 2019
Page 2
a significant contribution to the broad patterns of our history; and is associated with the lives of
persons significant in our past.
Preservation of 225 North Gilbert Street would not be in conflict with the future redevelopment of
the area but would actively promote the preservation of historic resources. Furthermore,
modifications to the exterior of the Hohenschuh-Hervert House will be able to be made with the
review and approval of either the Historic Preservation Planner or the Historic Preservation
Commission.
Staff Recommendations: Staff recommends the approval of REZ19-06, an application to
designate 225 North Gilbert Street as an Iowa City Historic Landmark and rezone from
Community Business Service (CB-2) to Community Business Service with a Historic District
Overlay (CB-2/OHD).
Attachments:
1. Location Map
2. Zoning Map
3. Historic Preservation Commission Memo, 05/31/2019 (refer to staff report for 229 N. Gilbert
Street rezoning (REZ19-05))
Approved by: ________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
N LINN STN GILBERT STE MARKET ST N VAN BUREN STN VAN BUREN STE BLOOMINGTON ST
REZ19-6225 North Gilbert Streetµ
0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019
An application submitted by the City of Iowa City for the rezoning of approximately 0.1045 acres located at 225 North Gilbert Street from Central Business Service (CB-2) to Central Business Service (CB-2) with a Historic Distric Overlay (OHD).
N LINN STN GILBERT STE MARKET ST N VAN BUREN STN VAN BUREN STE BLOOMINGTON ST
CB5
CB2
CB5
RNS12
CB2
CB5
MU
CB5
CB5 CO1
RNS12
CO1
CB2
CB2
CB5
CB2
P1
CB2
RNS12
MU
CB2
CO1
RM44
CB5
CB5
CB2
CB2
CB2
CB5
RNS12
CB5
CB2
CB2
RNS12
CB5
CB5
CO1
CB5
MU
CB5
RM44
CB5
RM44
CO1
CB5
CB2
CO1
CB2 CB2
CB2 CO1
CB2
CB2
CB2
RNS12
CB2
RNS12
CB2
CB2
CB5
MU
CO1CB2
CO1
CB2
CB2
CB2
CB2
CO1
MU
CO1
CB2
CB2
RNS12
CB5
CB5
CB2 CO1
CB2
RNS12
CB5
CB2
CO1
RM44
MU MU
CB2
CB5
RNS12
MU
CB2CB5
CB2
CO1
CB5
CO1
CB2RNS12 CB2
CB2
MU
CB2
CO1
MU
RNS12
CO1
CB2
CO1
CO1
CB2
CO1
CO1
RNS12
MU
CB2
RM44
MU
CB2 CB2
CO1
RM44
CB5CB5
CB5
CB2
CO1CB2
RNS12
CO1
REZ19-6225 North Gilbert Streetµ
0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019
An application submitted by the City of Iowa City for the rezoning of approximately 0.1045 acres located at 225 North Gilbert Street from Central Business Service (CB-2) to Central Business Service (CB-2) with a Historic Distric Overlay (OHD).
Date: June 14, 2019
To: Planning and Zoning Commission
From: Jade Pederson, Planning Intern
Re: Designation of the Christian and Clara Dostal Hohenschuh House, 229 North Gilbert
Street, as a Historic Landmark (REZ19-05)
Background: City staff has requested that the Christian and Clara Dostal Hohenschuh House,
located at 229 North Gilbert Street, be designated as an Iowa City Historic Landmark. The
house was first addressed as 231 N Gilbert Street but has since appeared as 229 N Gilbert St.
It was built in 1897 as a Free Classic Queen Anne by Jacob J. Hotz, a broadly known,
successful carpenter and businessman. With the design direction of his son, Charles Hotz, the
two-and-a-half-story house was given a central hipped roof and lower cross gabled wings. This
property, with its asymmetrical design and elaborate porch, was one of the few high-style
houses built in the 1890s to survive from the Phase II Area.
Christian and Clara Dostal Hohenschuh, the original owners of this property, were prominent
figures of Iowa City society. The Hohenschuh’s were part of the Northside Neighborhood
immigrant communities as second-generation immigrants. Jacob J. Hotz was also a second-
generation immigrant and interacted with the Northside German Immigrant Community. The
house has relationships with other notable Iowa Citians, the most prominent being Mary
Keating, a second-generation Irish immigrant, who was important in the history of the Veterans
Administration Hospital.
Historic Preservation Commission Review: The Historic Preservation Commission met on
June 13, 2019 and conducted a public hearing at which they reviewed and evaluated the
historic significance of the Christian and Clara Dostal Hohenschuh House. The Commission
determined that the property meets the requirements for a landmark and voted to recommend
approval of the designation of 229 North Gilbert Street as an Iowa City Historic Landmark. The
building is significant because of its relationship to second-generation immigrant families in the
Northside of Iowa City.
Planning and Zoning Commission Review: Landmark designation is a zoning overlay and
therefore requires a recommendation from the Planning and Zoning Commission to the City
Council. The Commission’s role is to review the proposed designation based on its relation to
the Comprehensive Plan and the proposed public improvements and plans for the renewal of
the area involved.
There are two specific areas of the Comprehensive Plan that apply to this proposal: 1). the
Central District Plan and 2). the Historic Preservation Plan.
The property falls within the Northside Marketplace Commercial Area of the Central District. The
historic character of the Northside Marketplace is maintained by its distinct identity and scale.
The preservation of historic resources is encouraged to aid in maintaining culture, history, and
identity in Iowa City. Furthermore, Goal 1b. for the Northside Marketplace calls for the protection
of historic buildings.
The Historic Preservation element of the Comprehensive Plan has two goals that relate to this
proposal. Goal 1: Identify historic resources significant to Iowa City’s past and Goal 10: Adopt
June 14, 2019
Page 2
strategies that preserve historic neighborhoods, and in particular, the Gilbert-Linn Street
neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and
pursuit of Local Landmark designation. The information provided by the Iowa Site Inventory
form, and the Intensive Historical and Architectural History Survey and Evaluation of 225 N
Gilbert Street and 229 N Gilbert Street done by Tim Weitzel confirms the property is significant
to Iowa City’s history, architecture, archaeology, and culture; that it possesses integrity of
location, design, setting, materials, and workmanship; and is associated with events that have
made a significant contribution to the broad patterns of our history.
Preservation of 229 North Gilbert Street would not be in conflict with the future redevelopment of
the area but would actively promote the preservation of historic resources. Furthermore,
modifications to the exterior of the Christian and Clara Dostal Hohenschuh House will be able to
be made with the review and approval of either the Historic Preservation Planner or the Historic
Preservation Commission.
Staff Recommendations: Staff recommends the approval of REZ19-05, an application to
designate 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from
Community Business Service (CB-2) to Community Business Service with a Historic District
Overlay (CB-2/OHD).
Attachments:
1. Location Map
2. Zoning Map
3. Historic Preservation Commission Memo, 05/31/2019
Approved by: ________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
E MARKET STN LINN STN GILBERT STN VAN BUREN STN VAN BUREN STE BLOOMINGTON ST
REZ19-5229 North Gilbert Streetµ
0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019
An application submitted by the City of Iowa City for the rezoning of approximately 0.0918 acres located at 229 North Gilbert Street from Central Business Service (CB-2) to Central Business Service (CB-2) with a Historic District Overlay (OHD).
E MARKET STN LINN STN GILBERT STN VAN BUREN STN VAN BUREN STE BLOOMINGTON ST
CB5
CB2
CB5
RNS12
CB2
CB5
CB5
CB5 CO1
RNS12
CO1
CB2
CB2
CB5
CB2
P1
CB2
RNS12
CB2
CO1
RM44
CB5CB5
CB2
CB2
CB2
CB5
RNS12
CB5
CB2
CB2
RNS12
CB5
CB5
CO1
CB5
MU
CB5
RM44
RM44
CO1
CB5
CB2
CO1
CB2 CB2
CB2 CO1
CB2
CB2
CB2
RNS12
CB2
RNS12
CB2
CB2
CB5
MU
CO1
CB2
CO1
CB2
CB2
CB2
CB2
CO1
CO1
CB2
CB2
RNS12
CB5
CB5
CB2 CO1
CB2
RNS12
CB5
CB2
CO1
RM44
MU
CB2
CB5
RNS12
MU
CB2CB5
CB2
CO1
CB5
CO1
CB2RNS12 CB2
CB2
CB2
CO1
MU
RNS12
CO1
CB2
CO1
CO1
CB2
CO1
CO1
RNS12
MU
CB2
RM44
MU
CB2 CB2
CO1
RM44
CB5
CB5
CB5
CB2
CO1
CB2
RNS12
CO1
REZ19-5229 North Gilbert Streetµ
0 0.025 0.050.0125 Miles Prepared By: Jade PedersonDate Prepared: June 2019
An application submitted by the City of Iowa City for the rezoning of approximately 0.0918 acres located at 229 North Gilbert Street from Central Business Service (CB-2) to Central Business Service (CB-2) with a Historic District Overlay (OHD).
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JUNE 6, 2019 – 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, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett
OTHERS PRESENT: Randy Miller, Kirsten Frey, Lloyd Baumgartner, Greg McDonald,
Sandy Steil, Keith Wiggan
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0 the Commission recommends approval of SUB19-06, an application submitted
by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7-lot,
13.76-acre residential subdivision located at south of American Legion Rd. and northwest of
Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings
and legal papers by the City Engineer and City Attorney.
By a vote of 6-1 (Martin dissenting) the Commission recommends approval of
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. SUB19-4:
Applicant: Paradigm Properties LLC
Location: Southwest corner of E. 1st Street and S. Gilbert Street
An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of
Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and
Downey’s Addition located at the southwest corner of E. 1st Street and S. Gilbert Street.
Heitner began the staff report with an aerial map of the project site as well as a current zoning
map of the subject properties, noting the area in the northeast currently zoned as CI-1 is in the
process of being rezoned into Riverfront Crossings – South Gilbert District. Heitner noted this
Planning and Zoning Commission
June 6, 2019
Page 2 of 15
proposal is the third phase of The Crossings development, and the parcel is currently undergoing
rezoning to Riverfront Crossings – South Gilbert District. This subdivision will combine this newly
acquired lot with Lot 6 and Outlot H from Phase Two of the development and the properties to
the south and the west were rezoned to Riverfront Crossings – South Gilbert District in 2015 and
2016. Heitner noted there are some conditions on the rezoning that is in process right now as
stated by the Planning and Zoning Commission are:
1. Any new residential development in the subject area must satisfy the affordable housing
requirements set forth in section 14-2G-8 of the City Code.
2. The developer shall dedicate 40’ of right-of-way along the west side of the S. Gilbert St.
frontage to the City.
Heitner stated the subject project is in the Riverfront Crossings – South Gilbert District and the
Comprehensive Plan states this area is to be used for higher density development, ideally
consisting of mixed-use buildings fronting along South Gilbert Street. He showed a view of the
preliminary plat to show it is one lot straddled by two outlots. Outlot A is part of the 40’ right-of-
way dedication, Outlot B (termed as Outlot H in Phase Two) will contain a north/south alley to
provide access to the mixed use building on Lot 1. This subdivision is a continuation of efforts
from Phase 2 incorporating the lot at 221 East 1st Street, per the Downtown and Riverfront
Crossings Master Plan 8’ wide sidewalks are required along the South Gilbert Street and East 1st
Street frontages. Parking along East 1st Street will not be allowed until more right-of-way is
acquired on the north side, it was noted on the preliminary plat the existing driveway off South
Gilbert Street will be closed off to traffic and will create a continuous block between East 1st and
East 2nd Streets. Heitner noted there is a neighborhood open space requirement which calls for
0.06 acres of open space or fees in lieu.
Staff recommends approval of SUB19-4, an application submitted by Paradigm Properties LLC
for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1
and 2 of Block 3 of Cook, Sargent, and Downey’s Addition located at the southwest corner of E.
1st Street and S. Gilbert Street.
Next steps: pending recommendation of approval of the preliminary plat from the Planning and
Zoning Commission, the City Council will consider approval of the preliminary and final plats.
Dedication of right-of-way off East 1st Street will be required at final platting. The mixed- use
building that will be located on Lot 1 will be subject to administrative Design and Site Plan
Reviews.
Dyer asked if the Commission is approving the preliminary plat how can Council approval the
final plat without the Commission seeing the final plat. Russett noted Council will not approve
the final plat until they receive a recommendation from Planning & Zoning of the preliminary plat
and will act on the preliminary plat and final plat together.
Hensch asked if staff anticipated any substantial changes from the preliminary plat to the final
plat. Russett confirmed they do not.
Hensch opened the public hearing.
Randy Miller (Paradigm Properties, LLC) came forward to answer questions.
Dyer asked if they are proposing to build a third apartment building and a commercial building on
Gilbert Street. Miller replied it would be a mixed-use, commercial and residential. Dyer noted
Planning and Zoning Commission
June 6, 2019
Page 3 of 15
from the diagram the Commission received there is no idea where the buildings will be located.
Miller said the buildings will be similar to what is constructed now at 1301 Gilbert Street, where
Pleasant Valley Nursery was. Dyer noted frustration to not see any images of buildings when
these applications come before the Commission. Miller noted they are just asking for the
rezoning/preliminary plat at this time and the building will be discussed at the design review per
Code. Dyer noted the Commission is the only representatives of the public that can look at a
building plan and should be awarded that opportunity.
Kirsten Frey (Attorney with Shuttleworth & Ingersoll) is speaking on behalf of Lloyd and Ruth
Baumgartner who own the property known as Aero Rental and her clients have been in business
more than 50 years in the Iowa City community helping the community members in this area
celebrate birthdays, weddings, graduations, home remodeling, etc. and have enjoyed the
opportunity to do so. They have recently begun to feel there business in not welcome in Iowa
City partially because of the rezoning of this area has made it clear the area will be redeveloped
as part of the Riverfront Crossings area and a business of their type is no longer envisioned as
part of that area. Frey noted her clients are not naive, they understand the community
development process, they understand the Comprehensive Plan process and what went in to all
the development of that process, however the development of the Comprehensive Plan does not
require businesses to move out immediately, it doesn’t require them to stop doing their business
and in fact the Comprehensive Plan specifically indicates the City and developers should
implement tools and strategies to help existing businesses remain in the area until such time
they choose to leave, or if they choose to leave to help assist them to find new properties for
their businesses. Frey stated that has not been done in this situation. The City and the
developers who are helping the City implement their vision for the area hasn’t assisted or
enabled her client to continue its businesses readily and the development in this area has
significantly damaged her client. As a result Frey is here on behalf of her clients to resist this
application at this time. They recognize in time the area will be developed in this manner but
they have significant concerns about the subdivision approval right this minute. It is important to
note looking at this subdivision plat East 1st Street is not a through street, East 1st Street
terminates 40 yards past the Gilbert Street right-of-way. It only goes in 120 feet. Beyond that is
property owned by the Baumgartner’s. Frey notes this is important because Outlot B which is
referenced as the existing area where easements will go through and access will be achieved
cannot be accessed without crossing her client’s property. Additionally, a lot of the development
that has occurred in this area has used an existing easement, sanitary sewer easement, the City
owns down by the creek. The difficulty for her client is that easement was given to the City for
the maintenance of their utilities, it was not to be used for redevelopment of the entire area. This
is significant because the easement requires the City to repair and fill in any trenches and fills as
soon as possible, it requires them to replace any disturbances they utilize as quickly as possible,
and allows her client to have the full use of his property limited only by the City’s rights. The
difficulty with this is the easement area has been torn up since September of last year, there
have been open trenches in the area for over 10 months, there has been concrete on her client’s
property that has been removed, there have been fences removed, the area has been
significantly disturbed for a significant length of time which has adversely impacted her client’s
business and ability to do business on their property. All of this has been done with no
compensation provided to her client. Frey feels the Commission needs to be aware of this and if
this development intends to proceed some provisions need to be made or required that don’t
entitle a developer to utilize her client’s property for its benefit without compensation to her client.
Frey noted it is also significant for the Commission to understand her client’s business does
involve equipment in the area and her client has significant safety concerns regarding the lack of
fencing and lack of concrete as they are driving semi-trucks and forklifts without fences or
Planning and Zoning Commission
June 6, 2019
Page 4 of 15
barriers in the area. Lastly Frey mentioned is her client’s significant concern regarding the safety
intentions of this intensive of development without the municipal infrastructure in place to support
it. Clear back in 1998 the City issued a South Gilbert Street Commercial Corridor Traffic Safety
Study which indicated the South Gilbert Street area was a significant safety concern with respect
to traffic and was concerned about the number of accesses onto South Gilbert Street and the
density of the uses. Frey recognizes and acknowledges as part of the subdivision plan staff
indicates they will be closing on access point onto South Gilbert Street, but this will be a
significant dense property in an area that does not have the infrastructure to handle it at this
time. There is no on-street parking in the area, the City has indicated there will be no on-street
parking on East 1st Street, and that leads her client to believe parking will take place on his
property. This will happen because it is not clear to many that East 1st Street ends 120 feet in,
but also because her client already deals with cars parking in the area from as far away as the
brewery. If significantly more apartments are added and more density before having the
adequate infrastructure to handle those parking needs, her client’s business will continue to be
adversely affected. Frey noted her client understands the development in this area in this
manner is probably inevitable, he realizes it is going to happen, but it seems appropriate,
prudent, and required by the Comprehensive Plan, that it be done in a way that recognizes the
rights of existing business owners and features be put in place so that businesses that are a very
valuable and important part of this community are not driven out for the sake of some more
apartments.
Baker asked if these concerns were expressed to staff before. Frey noted that yes her clients
have participated in conversations about this area.
Hensch asked if the Baumgartner’s have been in touch with City staff to address the issues
about the open trenches and broken concrete on the property. Frey stated they have and also
acknowledge this was a difficult winter that maybe made things go a little bit slower than they
otherwise might have. She stated her client commented that the City staff they have dealt with,
and the developer staff they have dealt with, have been pleasant people, they enjoy working with
them, they don’t have any personal animosity or bias with any of the individuals, they just feel
like they are bearing the brunt and the negative impact.
Signs asked for clarification on the map where the easement area is located. Frey shared a map
of the area.
Lloyd Baumgartner (owner, property Aero Rental) is here with his wife Ruth and daughter Becky.
He noted they have a winter home in Arizona and by the time they got back to Iowa the notices
the City sent out were not seen in time to attend the last meeting regarding the rezoning. He
stated he is really concerned about the safety factor on Gilbert Street because in 1998 there was
a big study and it showed all the problems and noted all the accidents Baumgartner said they
were proactive and hired a contractor to cut the corner of his building off so people could see
around it. He stated they love the City and are proud to be part of the community.
Baker noted it is a lot of information to take in and asked Frey to submit a written version of the
concerns for the Commission to review. He noted he isn’t comfortable voting on this issue
tonight. Baker also would like to know if these issues have been discussed with staff, what the
responses were.
Dyer asked who took the fence down. Frey said it was taken down for better access to the
easement area to do work in that area.
Planning and Zoning Commission
June 6, 2019
Page 5 of 15
Martin asked if staff has record of the communication they may have had with the
Baumgartner’s. Russett said she has not had any discussions with Frey, assumes she spoke
with the Department of Public Works. Frey noted she was just retained by her clients yesterday
so she has not spoken to anyone in the City.
Miller responded to some of the statements, noting he felt blindsided, as they have been in
contact on a weekly basis, the fence they took down was actually put up by the City and while
they took it down temporarily they are ready to put it back up and repave everything. With the
high water the Public Works would not let them finish the project. That link is removing the pipes
for the new park and for the City part of the project, not his development. It is an easement and
that is what it is designed for. He added East 1st Street will not go through Outlot B because it
would have to cross their property and they will not be doing that. Miller said they have been
working with staff on this project and is very surprised to hear the concern now.
Hensch asked if Miller has heard any of the complaints raised tonight before. Miller replied no,
any complaints they were ever made aware of they immediately rectified.
Dyer asked if they held a Good Neighbor Meeting. Miller said they did hold one on Phase 1 of
the project but not on this phase because there had been no prior objections.
Greg McDonald has the building on the corner of Kirkwood and Gilbert across from Aero Rental
and wanted to note the mention of parking is an issue for the area. He asks that they make sure
the parking is adequate for this development. He has 52 parking places in his parking lot, and he
has had people parking in his lot to walk down to Big Grove. He said to introduce that many
more apartments with no street parking anywhere in the area is a problem. He already has a
problem with other apartments in the area that charge so much per month for parking that the
students are just parking in his lot. He just wants to make sure discussion is had on adequate
parking. There is nowhere to park except on private property.
Miller noted that all the residents of the apartment buildings have parking in their buildings,
underground, and the lot where Alexander Lumber was had 70 spaces, when they finish with the
last phase there will still be 66 spaces. He also noted there is actually street parking on the east
side off Gilbert Street on 1st and 2nd Streets. Miller notes he provides parking for his structures, if
there are complaints regarding parking at a certain business that should be addressed with that
business.
Hensch closed the public hearing.
Baker moved to recommend approval of SUB19-4, an application submitted by Paradigm
Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2
and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey’s Addition located at
the southwest corner of E. 1st Street and S. Gilbert Street.
Signs seconded the motion.
Hensch asked if the parking proposed with this new development complies with the City Code.
Russett stated it will be required to comply before final site plan is approved. Russett is not sure
what the exact requirement is but since this area is in the southern part of Riverfront Crossings
the parking ratio is a bit higher than when it is closer to downtown and there are no opportunities
for reductions through payment of fees in lieu.
Planning and Zoning Commission
June 6, 2019
Page 6 of 15
Dyer stated the point about parking there now is well taken, that parking area any evening is full,
so visitors to these apartment buildings will not have space to park.
Martin acknowledged the parking issues was discussed at the rezoning application as well and
the comment about municipal infrastructure first is well received. She added there has been a lot
brought to the Commission’s attention that gives her pause and not wanting to make a decision
tonight.
Signs agreed and noted he has been concerned about parking all throughout the phases of this
development. He is also very concerned about East 1st Street and the outlot and the funneling of
traffic will be problematic.
Baker agrees and wants to take some time to digest all the information received this evening.
Dyer noted she went to Red Ginger last weekend and there was no place to park in the Red
Ginger lot but Red Ginger was not full.
Townsend noted her concern was the access on and off Gilbert Street, it is a very busy street
and intersection at all times of the day.
Hektoen noted this application is at the platting stage, not the zoning stage, the Commission
does not have the authority to require things such as additional parking. However concerns
regarding circulation are within the realm of the Subdivision Code.
Hensch noted this is the third time the Commission has seen a development in this area, parking
is a concern but is being addressed by the Code, during a construction process everything is
messy, things are done yet so it may be cramped, but plans are in place to resolve most if not all
these issues. He added there are improvements planned for South Gilbert Street, although
unsure of when. He is sympathetic to the Baumgartner’s and has been a customer many times,
it is tough when someone comes forward the day of a meeting and expects everything to stop.
Notices were sent, it’s unfortunate they were out of state, but that is the process. What the
Commission is being asked tonight is to approve a map and Hensch feels it is straightforward.
The issues with parking or use of the area should be addressed with City Council.
Parsons agrees with Hensch, as long as the developer meets Code and required parking for his
development they cannot hold this project for parking concerns the developer cannot control.
Martin acknowledged their points but stated she cannot ignore the new information received this
evening. Yes it was received late in the process but it should be discussed and staff given a
chance to reply and help find resolutions.
Hensch noted the sense of the Commission is to deny this application and wondered what the
next step would be. Hektoen stated the applicant could still move forward with the application to
Council. Hensch feels that even with the new information received this evening, it does not
change the facts of the application and even if the applicant is willing to defer there is no new
information that will change the facts of the application.
Signs noted he has voted in favor of the past applications with his reservations regarding
parking, but his biggest issue with this application is the alley on Outlot B only having one exit.
That alley is drawing from potentially three or four buildings. Signs feels they have seen
Planning and Zoning Commission
June 6, 2019
Page 7 of 15
drawings in the past that showed that north/south alley exiting out to the street, but since it won’t
that is concerning to him. Having all those cars in this development using just one driveway will
not work.
Russett noted with the current plat approved for this area Outlot H (now being named Outlot B)
goes all the way up to the Baumgartner’s property and dead ends there. The lack of connection
that is concerning has always been there.
Baker said he asked for more time and information because the information presented this
evening as an objection to the subdivision was a new perspective to him he has not able to be
fully absorbed factually. It quite possibility may not change his view on the application once
absorbed but feels there is a justification for taking the time to confront the issues raised this
evening by the objector.
Dyer also noted no Good Neighbor Meeting was held.
Hensch asked if Miller objected to a deferral. Miller noted he would not be happy, he would not
have bought the Grooming Den. Also Lot 1 is already approved so he can put up a building
there right now. This plat was just to better bring the whole area together and not leave the little
corner off by itself.
Baker moved to withdraw his motion.
Signs seconded the withdrawal.
Baker moved to defer this application to the June 20, 2019 meeting.
Signs seconded the motion.
Parsons doesn’t feel the deferral is necessary and none of the facts of the application will change
in the two week period. Hensch agreed.
A vote was taken with four in favor (Baker, Signs, Martin, Dyer) and three dissenting
(Parsons, Hensch, Townsend) to defer this time until the June 20 meeting.
CASE NO. SUB19-6:
Applicant: Claude and Adam Greiner
Location: Johnson County, South of American Legion Road
An application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge
subdivision, a 13.76-acre, 7 lot residential subdivision with one outlot located in unincorporated
Johnson County south of American Legion Road and west of Wapsie Avenue SE.
Heitner began the staff report with an aerial view of the subject property and a view of the current
Johnson County Zoning, the subject property was recently rezoned to an R – Residential zoning
designation. The property is located in the Iowa City/Johnson County Fridge Area “B” which is
outside of the projected Iowa City growth area. The request is to subdivide the subject property
into seven lots for single-family development with one outlot for future development. The Fringe
Area Agreement does state a preference for agricultural uses in this area however in January
Planning and Zoning Commission
June 6, 2019
Page 8 of 15
2019 City staff and City Council members met with Johnson County staff and Board of
Supervisors members to form a conflict resolution committee to review the rezoning of this
parcel. After additional consideration the committee decided to proceed with the rezoning to R-
Residential. The proposed subdivision splits the subject property into seven separate lots,
ranging in size between 1.15 and 1.46 acres. Three new streets will be built in the subdivision.
Two of these new streets will have direct access to American Legion Rd. SE. The third street,
Maddi Ln. SE., will stem off of Declan Dr., and provide access to four of the seven planned
single-family homes. Each street will be equipped with a hammer-head turnaround to
accommodate emergency vehicle access. All three new streets will be required to conform to the
City’s rural design standards. With respect to water and sewer services all seven lots will use
the same well for water access and each individual lot will be required to have its own septic
system. These septic sewer systems will be required to conform to the Johnson County Board of
Health Rules and Regulations Governing On-Site Wastewater Treatment Systems.
Staff recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner
for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76-acre, 7 lot residential subdivision
with one outlot located in unincorporated Johnson County south of American Legion Road and
west of Wapsie Avenue SE.
Next steps: pending approval of the preliminary plat for the Bluegrass Ridge subdivision by the
Planning and Zoning Commission, the application will be forwarded on to the City Council for
review. If the application is approved by City Council, it will be heard by the Johnson County
Board of Supervisors for final action in July. A decision on the preliminary plat from the Iowa City
Council must be made before the Johnson County Board of Supervisors can take final action on
the application.
Hensch stated this was the zoning application the Commission voted no on, however the vote of
no was because of the problems with the language in the Fringe Area Agreement, not with the
application.
Hensch opened the public hearing.
Sandy Steil (MMS Consultants) noted there has been a change in this application and it has
been deferred for 30 days in Johnson County as they have to do stormwater calculations for
water quality and quantity. MMS engineers are working on that right now but will not be going
before the Johnson County Planning and Zoning on June 10 but rather on July 11.
Signs noted the cul-de-sac bulbs were actually in the neighboring property so assumes it is
owned by the same person. Steil confirmed Claude Greiner owns the property to the south and
most of the stormwater will go to the southern edge of the property as well.
Hensch asked if Outlot A would be a dry retention. Steil replied some water would go there but
not enough to make a wet pond.
Hensch closed the public hearing.
Parsons moved to recommend approval of SUB19-06, an application submitted by Claude
and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7-lot, 13.76-
acre residential subdivision located at south of American Legion Rd. and northwest of
Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction
drawings and legal papers by the City Engineer and City Attorney.
Baker seconded the motion.
Planning and Zoning Commission
June 6, 2019
Page 9 of 15
Parsons noted since the issues with the Fringe Area Agreement were resolved this should be
approved. Hensch agreed.
A vote was taken and the motion passed 7-0.
CASE NO. ZCA19-1:
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the separation
distance requirement between fueling dispensing equipment and residential zones in the CN-1,
CH-1, CI-1, CC-2, CB-2, and CB-5 zones.
Heitner noted staff recently received a site plan concept for a complete renovation of the Kum &
Go gas station, located at 955 Mormon Trek Boulevard. He noted quick vehicle service stations,
as they termed in the Code, or gas stations require a special exception to operate in
neighborhood commercial (CN-1) zones and with that special exception comes a number of
criteria points that must be satisfied in order to be able to operate. One of the special exception
criteria points requires a 100 foot separate distance between fuel dispensing devices, or gas
pumps, and residential zone boundaries. Due to the size of the parcel at 955 Mormon Trek
Boulevard it is not possible to meet the current 100 foot separation distance required. Heitner
showed a view of the area and images from the neighboring properties. The property to the
south is about 95 feet to the public sidewalk from the station’s canopy. The other image shows
the far western edge of the stations current parking lot and neighboring property to the west.
Heitner noted the current requirement gas pumps must be at least 10 feet from any street right-
of-way and at least 100 feet from any residential zone boundary except for CB-2 zones where the
requirement is 70 feet. Staff is proposing the same right-of-way requirement of 10 feet but a
reduction from 100 feet and 70 feet to 50 feet from any residential boundary in all applicable
zones.
Heitner noted Section 14-4B-4B-12J of the City Code has a provision that allows the Board of
Adjustment to modify or waive requirements that station sites must conform to the Central
Business Site Development Standards or Riverfront Crossings or East Side Mixed-Use Form-
Based Development Standards and staff is recommending that stays the same and the potential
to modify those requirements stay intact. Additionally Heitner wanted to clarify what they mean
by residential zones, they are RR-1, RS-5, RS-8, RS-12, RM-12, RM-20, RS-20, RM-44 and
PRM.
Heitner stated when staff began analyzing this issue they reviewed how other cities were
regulating this topic. Upon considerable research both in Iowa and nation-wide, and found
varying approaches. Certain cities don’t codify this at all in their zoning code, certain cities
choose to let the fire code or gas/fuel codes handle safety separation distances. Heitner showed
a number of cities that do use the same type of distance metric Iowa City uses, the distance
between fuel pumps and residential zones, and it shows Iowa City on the higher end of
restrictions. The collective average shows most cities between the 20 foot and 50 foot range.
With regards to cities just in Iowa and a lot of cities in Iowa don’t codify this issue in their zoning
codes, Dubuque, Cedar Falls and Waterloo do use the same method as Iowa City, all three are
considerably less than Iowa City’s 100 foot requirement. Davenport has a fairly generous
requirement of 15 feet from pumps to side or rear lot lines, Marion is similar but does require a
landscape buffer, Ames does not use the method of pump distance but rather their station
canopy has to be 10 feet away from any right-of-way line, West Des Moines has a more
aggressive requirement of 50 feet, and Des Moines only state an open space requirement of
Planning and Zoning Commission
June 6, 2019
Page 10 of 15
greater than 20% of the site (or 1000 square feet) has to remain as open space. In terms of
adherence to Iowa City’s International Fire Code, Section 5704.2.11.2 of the 2018 International
Fire Code only requires a 10 foot separation from fuel dispensing equipment and residential
boundaries.
Heitner noted another analysis staff reviewed was what the existing conditions with gas stations
in the City and what might be considered nonconforming. He showed a slide of 20 gas stations
within the City and their respective distances from station canopy to the nearest residential zone
and also nearest residential structure. By and large most stations in Iowa City are well over the
current 100 foot separation distance requirement, there are three that encroach on the
requirement are older stations that predate the Code requirement.
The zones that allow quick vehicle service stations are CN-1, via special exception only, CH-1 is
a provisional use, and CI-1, CC-2, CB-2, CB-5. Heitner showed a map of potential areas where
quick vehicle service stations could be located either by special exception or by provisional use.
Staff’s rationale for the text amendment is the current requirement places a strain on current gas
stations that might service denser areas of the city if located near a residential zone. Many cities
both nationally and in Iowa have a residential zone separation requirement of either equal to or
less than 50 feet, and this amendment would allow for consistency for separation requirements
across all zones.
Staff recommends that the Planning and Zoning Commission approve the following proposed
text amendment to 14-4B-4B-12C: Unenclosed canopies over gas pump islands must be set
back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set
back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any
residential zone boundary.
Martin asked about other older stations and when the 100 feet requirement was added to the
Code. She feels the requirement was added for a reason, health related, safety related, there
must have been a reason as to why it was added. Heitner stated he researched the City
records and was not able to find where the requirement came from. He did note having some
sort of distance requirement in the zoning codes is an attempt to reduce negative impact on
areas adjacent to gas stations. That being said, the peer data showed 100 feet seemed to be
quite a bit higher than other areas.
Hektoen stated if they didn’t know the rationale for the 100 feet than why treat different zones
differently. Her concern is it should be consistent throughout the City and one area should not
be given more distance than another. Without the legislative history on this item this was the
best method of mitigating allegations of the City being arbitrary and capricious, this is more
consistent.
Martin asked why then make it 100 feet for all areas. Hektoen said they could not find a rationale
to support that regulation. The Fire Code seemed to be the best source for determining the
reasoning.
Dyer asked if they approve this text amendment then can the Kum & Go on Mormon Trek
Boulevard go ahead and build a bigger canopy and be closer to the residences adjacent to
property. Russett said they will need a special exception to renovate their site and would have to
meet the 50 foot requirement staff is proposing and staff would likely recommend the Board of
Planning and Zoning Commission
June 6, 2019
Page 11 of 15
Adjustment place a condition on the special exception that they could not increase the number of
fueling pumps than what is currently there.
Baker asked then if there is a remedy for this Kum & Go renovation other than a zoning code
change. Russett said there is not.
Dyer stated her concern is beyond this discussion in that particular gas station is at a lower
elevation than the properties next to it and the canopies on the newer Kum & Go’s seem to be
higher than the existing ones and the light from the canopy will go right into the apartments in
those buildings next door. Hensch noted there are regulations regarding downcast lighting.
Russett confirmed the City does have lighting standards and in this area they could not spill over
into the residential areas. The Board of Adjustment through the special exception process would
also look at screening requirements and would be subject to the City’s highest screening
standards.
Baker said if there is no remedy except changing the Code for this applicant, if this issue had not
arisen from this applicant had there been any other complaints or concerns about this regulation.
Russett stated they had not. Baker noted then from this one request came all this staff time, with
no clear rationale as to why the 100 feet regulation was in place versus something else. Hensch
stated the only definitive rationale is the 10 foot from the International Fire Code. Dyer noted that
virtually every other gas station in town is further than 100 feet from a residential area. Baker
agreed noting all new gas stations have come in and been developed using that regulation so
this is just a matter of this one particular station that wants to redevelop. Baker likes the 100 foot
rule, but would like to solve the problem for this one applicant as well and wishes there was
another solution than a Code amendment.
Townsend noted if they change the Code to 50 foot then any new development can use the 50
foot rule.
Russett clarified the distance separation requirement does not apply to zones that allow
residential uses but are not residential zones. So if it is a Riverfront Crossings Zone that allows
mixed-use the 100 foot separation distance does not apply, if it is next to a commercial zone that
allows residential uses the 100 foot separation distance does not apply, it specifically applies to
the distance between the pumping equipment and residential zones, not to the residential uses.
Hensch added it is to the residential boundary, not to the residential structures.
Signs asked if the Board of Adjustment could assist with this particular issue. Russett said the
applicant cannot go before the Board because they do not meet the current requirement of 100
foot separation. Hektoen stated what the Commission is being asked to amend tonight is the
special exception approval criteria, the current criteria states they must be 100 feet away, staff is
recommending that be amended so the special exception approval criteria be 50 feet. Russett
added some commercial zones allow gas stations as a provisional use which means an
administrative review and approval, other zones require a Board of Adjustment special
exception.
Hensch opened the public hearing.
Keith Wiggan (CDA, 3505 South East Crossroads Drive, Grimes Iowa) is joined by Brittney
Andreason and Scott McGee with Kum & Go to address the Commission regarding the Mormon
Trek Boulevard site specifically. They met with City staff and Kum & Go many month ago, this is
Planning and Zoning Commission
June 6, 2019
Page 12 of 15
a site Kum & Go is very excited to have an opportunity to redevelop. This site has been in
operation for quite some time and this presents an opportunity to clean up the site and improve
access to the site and update the site to Kum & Go’s current prototypes. It will be very similar to
the new building on Muscatine Avenue. With the Mormon Trek site they were originally hoping to
do more than three pump island and had some conversations with staff on limiting it to three
pump islands, the site itself is 158 feet wide so with the 100 foot minimum separation with
residential on two sides abutting the site is not possible. So they started the conversations on
how to make this site work for redevelopment. In regards to the canopy height and lighting, they
are looking at slightly different orientation and will plan the site accordingly to minimize or
eliminate those concerns, they will meet the lighting standards and Kum & Go’s lighting fixtures
are all downcast lighting and would be limited at the property line. With regards to some of the
comparisons to other convenience stores in Iowa City it is hard to compare this site with others
because this site is less than one acre in size and typically they look at sites for development
closer to two acres so there is the opportunity for more separation.
Dyer asked how the orientation of the site would be different than it is now. Wiggan said it would
be with regards to access to Mormon Trek Boulevard, there are currently two access points, one
to the north and one to the south very close to the signal so they are working to get that southern
access further away from the signal. They would rotate the store 90 degrees so it faces north,
right now the canopy and the store run north/south, it would be rotated 90 degrees to run
east/west to give the ability to move the access point to the north a bit. The pumps would also
be on the north side of the store.
Parsons asked if there was any way to incorporate the access to Mormon Trek with the
intersection. Wiggan explained that is a different property so they could not do that.
Hensch closed the public hearing.
Parsons moved to recommend to approve the following proposed text amendment to 14-
4B-4B-12C: Unenclosed canopies over gas pump islands must be set back at least ten
feet (10') from any street right of way. Fuel dispensing equipment must be set back at
least ten feet (10') from any street right of way, and at least fifty feet (50') from any
residential zone boundary.
Townsend seconded the motion.
Hensch thanked staff for all the data as it is very helpful and to see the randomness of numbers
from other cities shows there was probably nothing concrete to base the 100 foot regulation on.
The only distance known for sure is the 10 foot requirement from the International Fire Code.
Looking at all the data the median, mode and mean all come up around 50 feet so that seems
rationale. It is just from the pumps to the boundary, not to structures and he sees no reason to
not support this amendment.
Parsons agrees.
Baker asked for clarification as the proposed language states “at least 50 feet” so the Board of
Adjustment can require more if they feel it is appropriate. Heitner said there might be a situation
where the distance is greater.
Planning and Zoning Commission
June 6, 2019
Page 13 of 15
Signs has no problem with this particular project, he is just confused because a few weeks ago
there was complaints about 300 feet from a gas station to residential in the Forest View
development. Hensch noted he was fine with the gas station in that development. He believes
the issues was with lighting and noise, not an issue with the pumps themselves or fire issues.
Dyer noted that is a problem everywhere. Parsons added in this case the noise and lights are
already there. Signs asked if there are zones where gas stations are allowed by right and what
are the requirements. Russett stated there are no zones where they are allowed by right.
Hektoen said they are either a provisional use to be reviewed for things like lighting and
screening, etc. by staff or go through the special exception process with the Board of
Adjustment.
Dyer noted a difference in this situation is the adjacent properties are low income and in Forest
View they were a higher income neighborhood.
A vote was taken and the motion passed 6-1 (Martin dissenting).
CONSIDERATION OF MEETING MINUTES: MAY 16, 2019
Parsons moved to approve the meeting minutes of May 16, 2019.
Signs seconded.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Martin stated it was brought to her attention the apartment building on 1st Avenue and Hickory
Hill where the retaining wall fell down, and she was telling Martin about the HOAs and the legal
battle so Martin is curious because apparently part of the problem was the retaining wall was
done incorrectly during the construction of the building and was either not caught during the City
inspection or glossed over, so where is the City’s liability? If the Commission recommends a
rezone for a building and the inspectors miss something and something that catastrophic
happens. Hektoen stated the City has no liability, the developers are required to hire their own
engineers and those engineers have to certify the plans was done according to best engineering
practices. The engineers carry malpractice insurance in case of catastrophes. The City does go
out and inspect various things but the City is not on the hook. Russett added the City does not
issue building permits for retaining walls nor do they inspect retaining walls.
Russett stated City Council did adopt the rezoning ordinance for the Forest View development
with the gas station portion of the project removed. Hensch asked why it was removed. Russett
said the concerns was impacts to climate change and traffic generated so removing that gas
station addressed both those concerns. They did add in some electrical car charging stations
and additional lighting in the area.
Signs asked what the Commission’s role is at the preliminary plat phase. Hektoen said they are
making sure the plat is designed in accordance with the City’s Subdivision Design Standards.
Street layout, utilities, etc.
Adjournment:
Parsons moved to adjourn.
Townsend seconded.
Planning and Zoning Commission
June 6, 2019
Page 14 of 15
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2018 - 2019
7/5
8/16
9/6
9/20
10/18
12/20
1/3 1/17
(W.S.)
2/4
2/21 3/7 3/21 4/4 4/18 5/16 6/6
BAKER, LARRY X X X X O/E X X X X X X X X X O/E X
DYER, CAROLYN X O O/E O X X X O/E X X X X X X O/E X
HENSCH, MIKE X X X X X X X X X X X O/E X X X X
MARTIN, PHOEBE X X X X X X O/E
X O/E X X X O/E X X X
PARSONS, MAX X X O/E X X X X X X X X X X X X X
SIGNS, MARK X X X X X X X X X X X X O/E X X X
TOWNSEND, BILLIE X X X X X O/E X X X X O/E X X X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member