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HomeMy WebLinkAbout01-16-2020 Planning and Zoning Commission_1Z1011101M1Z1lWalZI1Z1419191iyiI►yiIRI Is]Z Thursday, January 16, 2020 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. Case Nos. CZ19-05 and SUB19-16 Applicant: CJ Moyna & Sons Location: Fringe Area; West of Oak Crest Hill Rd SE, east of Highway 218 SE, and south of F50 SE a. An application submitted by CJ Moyna & Sons for a rezoning of approximately 32.19 acres of County Residential (R) to County Highway Commercial (CH) and approximately 32.87 acres from County Agriculture (A) to County Commercial (C) in unincorporated Johnson County. b. An application submitted by CJ Moyna & Sons for a preliminary plat of the 218 Commercial Park subdivision, an 11-lot commercial subdivision with five outlots in unincorporated Johnson County. 5. Case No. ZCA19-06 Applicant: Phil O'Brien An application submitted by Phil O'Brien requesting an amendment to the zoning code to allow animal related commercial uses in the Commercial Highway (CH-1) zone to allow for the development of a community -based indoor dog park and recreation center at 2513 N. Dodge Street. 6. Case No. DRC19-04 Applicant: Rob Decker, Axiom Consultants Location: 12 E. Court Street An application submitted by Rob Decker requesting a Level II design review, which includes a 7-story bonus height request, for two, 15-story buildings located at 12 E. Court Street. Planning and Zoning Commission Meeting January 10, 2020 7. Consideration of Meeting Minutes: December 5, 2019 8. Planning & Zoning Information 9. 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: February 6l February 20l March 5 Informal: Scheduled as needed. To: Planning and Zoning Commission Item: SUB19-16 CZ 19-05 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner, Associate Planner Date: 01 /16/2020 Applicant: Adam Kos CJ Moyna & Sons 24412 Highway 13 Elkader,IA 52043 563-245-1442 AKos@cjmoyna.com Property Owner: Ray Frank, Edmund & Martha Freund, Judith Redeker, & CJ Moyna 24412 Highway 13 Elkader,IA 52043 563-245-1442 AKos@cjmoyna.com Requested Action: Purpose: Location: Location Map: Approval of a County rezoning and preliminary plat. Development of a commercial subdivision. West of Oak Crest Hill Rd SE, east of Highway 218 SE, and south of F50 SE. Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 65.15 Acres Undeveloped, R — County Residential and A — County Agricultural North: Woodlands —County Residential (R) South: Mobile home park — County Highway Commercial (CH) East: Open space and quarry areas — County Agricultural (A) West: Route 218, open space, woodlands — County Agricultural (A) NA NA NA December 12, 2019 January 27, 2020 In June, 2019, the applicant submitted a comprehensive plan amendment application to Johnson County to amend the future land use map from Agricultural to Commercial for land located south of Riverside Drive and west of Oak Hill Crest Road. At the time of the application, City staff provided comment to the County Planning and Zoning Commission expressing staff's concerns related to the request. See Attachment 3. After receiving the memo from City staff outlining concerns related to the proposed FLUM amendment, the Board of Supervisors requested a meeting with the City. On September 23'd 2019, the applicant, MMS staff, City and County Planning staff, the City Manager, Mayor Throgmorton, Council Member Thomas and Board of Supervisors Rettig and Sullivan, held a meeting to discuss the City's objection to the County's future land use map amendment from an Agricultural land use designation to a Commercial land use designation. Although the City objected, land use policy decisions in the unincorporated area are the County's and the Board of Supervisors adopted an amendment to the future land use map changing the land use designation from Agricultural to Commercial for approximately 60 acres. Subsequent to the adoption of the FLUM amendment, the applicant submitted a rezoning and preliminary plat application. Rezoning: The applicant, CJ Moyna & Sons, has requested rezoning of the parcels identified in Table 1.0 below. The subject properties are located south of Route 218 and Riverside Drive, in unincorporated Johnson County, Fringe Area C — outside of the City's Growth Area. The City Council will provide a recommendation to the Johnson County Board of Supervisors on the rezoning. 3 Table 1.0 Parcel No. Acreage Current Zoning Proposed Zoning 1 32.87 County Agricultural County Commercial (A) (C) 2 0.09 County Residential County Commercial (R) (C) 3 32.19 County Residential County Highway (R) Commercial (CH) Preliminary Plat: The requested platting would create 11 lots for commercial development, with five outlots. Because the subject property is in the City/County Fringe Area, the subdivision must be approved by the City and by Johnson County. The subdivision must attain approval by the Iowa City Council before action can be taken by the Johnson County Board of Supervisors. With the property located in Fringe Area C — outside of the City's Growth Area, the proposed subdivision must conform to the City's Rural Design Standards. The City's Growth Area terminates north of Riverside Drive. ANALYSIS (Rezoning Current Zoning: The subject area is currently zoned County Residential (R) in the area north of the proposed Izaak Walton Road SE extension (shown on the plat as Outlot A). This zoning designation allows for single-family dwellings on at least 1-acre sized lots. The remaining balance of the property is zoned County Agricultural (A). Per the Johnson County Unified Development Ordinance, "The Agricultural District is intended to preserve agricultural resources and protect agricultural land from encroachment of urban land uses. As a matter of policy, it is hereby determined that the highest and best use of these lands is agriculture and that the rural character of these areas be preserved." Proposed Zoning: A 32.19-acre area north of the Izaak Walton Road SE extension (shown on the plat as Outlot A), is proposed to rezone to County Highway Commercial (CH). Per the Johnson County Unified Development Ordinance, "The CH District is intended to establish and preserve higher impact commercial areas consisting of shopping centers and commercial strips where customers reach individual business establishments primarily by automobile. The uses permitted are generally high intensity in nature due to the large size of the principal building, high number of employees, and high traffic generators." The remaining balance of the subject property is proposed to rezone to County Commercial (C). Per the Johnson County Unified Development Ordinance, "The C District is intended to establish and preserve a business district convenient and attractive for a wide range of retail uses and businesses, government and professional offices, and places of amusement in a setting conducive to and safe for pedestrian traffic. The uses permitted are generally low intensity in nature due to the small size of the principal building, low number of employees, and low traffic generators." Compliance with Comprehensive Plan: The Fringe Area Agreement, which a component of El the City's comprehensive plan, states the following: "In the portions ofArea C that are not within Iowa City's growth area and which are zoned for non -farm development, development may occur in conformance with the Johnson County Unified Development Ordinance and City Rural Design Standards. Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/Agricultural area in Chapter 8: 1.6 Class A District of the Johnson County Unified Development Ordinance as amended. " A rezoning to County Commercial and County Highway Commercial designations opens a wide variety of land uses such as shopping centers, warehousing, storage, restaurants, theaters, taverns, and a variety of retail and service oriented uses. The development of more intense commercial uses conflicts with the intent of the Fringe Area Agreement's direction to maintain Rural/Agricultural land uses in this area. Based on the utilities and infrastructure needed to service most commercial land uses, City staff recommends that future commercial land use be located within the City's corporate limits. ANALYSIS (Preliminary Plat): Subdivision Design: The proposed subdivision creates eleven (11) parcels for commercial development, with five (5) outlots. Izaak Walton Road SE, located to the east of the subject property, will extend west into the proposed subdivision. A 31.39-acre outlot (Outlot A) will be located north of the Izaak Walton Road extension. The plat shows Izaak Walton Road SE ending in a cul-de-sac, with a temporary turnaround easement in the southwest corner of Outlot A. The subdivision would create two additional streets, Oakside Road SE, which would stem off Izaak Walton Road SE in a north -south direction. Greenview Road SE would be a new east -west road between Oakside Road SE and Oak Hill Crest Road. The eleven (11) planned lots for development would range between 1 and 3.66 acres in size. Outlot B, located in the subdivision's far southeast corner, would feature a 2.77-acre lot dedicated to storm water detention. Outlots C and E, respectively feature 4.18 and 3.37 acres of open space. Outlot D contains 0.23 acres of infrastructure for future right-of-way and potential future extension of Oakside Road SE to the south. Overall, City staff found that the subdivision design conformed with the City's Rural Design Standards. Traffic Implications: The proposed 26' wide internal streets would meet the minimum 22' wide requirement from the City's Rural Design Standards. Staff also noted that an overhead light might be appropriate at the intersection of Oak Crest Hill Road and Izaak Walton Road SE., due to the higher traffic speeds on Oak Crest Hill Road. Environmentally Sensitive Areas: The subdivision will be required to conform with County regulations pertaining to sensitive areas development. Open space outlots on the southern end of the proposed subdivision will be converted to preservation outlots, per the County's direction to preserve the stream corridor along the property's southern end. In addition, the subdivision proposed disturbing 2.67 acres of timber in Outlot A. Johnson County will require protection of off -site woodlands at a ratio of 8:1, equaling 21.36 acres of timber off -site to be put under perpetual protection. Storm Water Management: Stormwater management will be provided by installation of a 2.77-acre stormwater detention basin. Three separate 15' wide storm sewer utility easements will service the basin, with two points of discharge on the north side of the basin, and one point of discharge in the basin's southeast corner. 5 Sanitary Sewer and Water Service: Water service to the subdivision will be provided by a public well system, with distribution lines running along the north sides of Izaak Walton Road SE and Greenview Road SE and along the east side of Oakside Road SE, within the public right-of-way. Although it is labeled as a public well, this well will not be maintained by the City of Iowa City. Each lot will utilize individual septic systems, which will be required to conform to the Johnson County Board of Health Rules and Regulations Governing On -Site Wastewater Treatment Systems. NEXT STEPS: The Planning and Zoning Commission will make a recommendation on the rezoning and preliminary plat to the City Council. The Council, will then provide a recommendation on the rezoning to the Johnson County Board of Supervisors. The City must approve the preliminary plat for the Johnson County Board of Supervisors to take action on the plat. The Johnson County Planning and Zoning Commission will have the rezoning and preliminary plat item for consideration on its February agenda. STAFF RECOMMENDATION (Rezoning): Based on the adopted policy in the City/County Fringe Area Agreement, staff continues to recommend denial of the CZ19-05, an application to rezone approximately 32,19 acres to County Highway Commercial and approximately 32.96 acres to County Commercial. As was stated earlier, a rezoning to County Commercial and County Highway Commercial designations opens a wide variety of land uses for this area that are not in compliance with the Fringe Area Agreement. The Fringe Area Agreement provides for the creation of a conflict resolution committee in situations where the City and County disagree on land use actions. Staff does not believe that a future conflict resolution committee meeting with Johnson County on this rezoning is necessary, since the City's concerns over the future land use of the subject property have not changed since the meeting with the County on September 23, 2019. STAFF RECOMMENDATION (Preliminary Plat): Staff is recommending approval of SUB19-16, an application for a preliminary plat of the 218 Commercial Park subdivision, as the plat does not present any conflicts with the City's Rural Design Standards. This recommendation is subject to the County's approval of the proposed rezoning, which the City does not support. If the County Board of Supervisors does not approve the proposed rezoning, staff would recommend denial of the plat. ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Memo to Johnson County Planning and Zoning Commission, August 9, 2019 4. Preliminary Plat Approved by: I r + S+%O_� Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services bg_ �'� :ammntmenNo t+r. � 1 O ' s 211 c F ' Q3 nE 3nj/L WA D y O INSs caPIOH�lomluo] aG�p ' N 0 z i O LOCATION MAP - NOT TO SCALE f i m2C' �pT3pa ZA2m Z�� m _ AMIAN /7^ JI " ?VJ ��DOS2 O mZom;o� Z_ �CWHI DZ O5. mmA m D2�yA m =a -;zmo>�ma 3A m"C -u mD0 O m �ZOT —Tr IA An y �m �n z SODy_OODym y ODwm�Colo DAwpD�� ap+AaDy y Ozm� znoyon Doom➢ 8 Z Z �r CITY OF 1 O WA CITY • wr®�m- MEMORANDUM CITY OF IOWA CITY UNESCO CITY OF LITERATURE Date: August 9, 2019 To: Johnson County Planning and Zoning Commission From: Neighborhood and Development Services Department Re: 2019 Fringe Area Future Land Use Map Amendments Introduction and Summary Neighborhood and Development Services staff appreciates the opportunity to review and provide comment on the County Future Land Use Map amendment applications within and near the Fringe Area. Although there is no formal review requirement stipulated in the City/County Fringe Area Agreement, staff appreciates the ongoing coordination with County planning staff on issues in the Fringe Area. This memo outlines the advisory positions of City staff on three County Future Land Use Map amendment applications. The City is currently analyzing long-range planning needs within the Fringe Area, and will need to incorporate any major County land use map amendments into its ongoing analysis. Approach to Analysis In staff's review of the proposed Future Land Use Map amendments, NDS staff: a) Compared the existing land use category to the proposed, including the general intended land uses and the associated density/intensity of development allowed. b) Reviewed the policies in the City/County Fringe Area Agreement. c) Identified applicable goals and policies in the City's comprehensive plan. For amendments proposing more intense land uses (e.g. commercial) that are more appropriate with access to City services and infrastructure, staff reviewed the annexation potential. Future Land Use Map Amendment FLUM-19-27757 of Charlie Ockenfels Application Background The proposed request by Charlie Ockenfels is to change 6.85 acres on the County's Future Land Use Map from Agricultural to Residential on parcel number 1503253001 (this parcel does not currently have an address). The subject property is located at the southern end of the Oak Crest Hill region, off Indian Lookout Road. The majority of the properties surrounding the subject property are also shown as Agricultural on the County Future Land Use Map, with the exception of the land to the east, which is designated Preservation. Adjacent properties located to the west and north of the subject property feature larger lot residential homes, and have a mixture of zoning between County R-Residential and County A- Agricultural. Figure 1 is a zoning map that shows the location of the proposed amendment in blue. August 9, 2019 Page 2 The end of the application packet contains seven copies of a plat outlining the subject parcel, with signatures from adjoining neighbors indicating support of the map amendment to County- Residential (as well as subsequent rezoning and subdivision of the parcel). The section of the application essay titled "Land Use and Map, Proposed South Land Use — Oak Crest Hill Region', contains some language about how preexisting, lower density residential uses should be preserved, and how potentially similar residential uses could be built in the area east of Oak Crest Hill Road. This section of the application essay seems to be describing the area including the subject property. Analysis Table 1 compares the existing Future Land Use Map category to the proposed amendment. Table 1. Comparison of Existinq and Proposed Land Use Cateqory Existing FLUM Category Proposed FLUM Category Agricultural Residential Typical Land Uses Agriculture (Crop Production & Single-family detached Animal Husbandry), Limited dwellings (1 unit per acre of Residential denser); Can include some non-residential development Residential Limited, case by case (no more Limited to locations that can Development than 2 acres per dwelling); support and accommodate should be associated with food designated Residential production or consistent with densities historic use Max Development Development intensity not 6 Dwelling Units` Potential specified in the Future Land Use Map Category. 'Assumes a rezoning to standard County R zoning, with the ability to develop the site to its full build - out potential (not factoring in constraints from sensitive areas). Fringe Area Policy The subject parcel is located in Area "C" of the City's Fringe Area, outside of the growth area. This Fringe Area designation calls for rural/agricultural uses, or uses consistent with the Johnson County Unified Development Ordinance. Road infrastructure must meet the City's rural design standards. August 9, 2019 Page 3 City's Comprehensive Plan The City's South Central District Plan does not cover the subject area. NDS's Advisory Position Several large -lot residential land uses can be found to the west of the subject property. Indian Lookout Rd. SE is a paved road that can support demand for residential development. Given these existing conditions, NDS staff does not have concerns with the proposed amendment. Going forward, City staff believes that the County should be mindful of the potential for increased residential density on both the subject parcel and in the immediate surrounding area, in the event that subsequent Future Land Use Map amendment requests are received or ownership of property changes. However, as it relates to the subject property, development beyond 2-3 additional dwelling units will prove challenging due to constraints with sensitive areas. Future Land Use Map Amendment FLUM-19-27759 of Claude Greiner Application Background The proposed request by Claude Greiner is to change the County Future Land Use Map from Agricultural to Residential to allow for future residential development on two parcels equaling 73 acres. Figure 2 shows the subject properties in blue, next to the yellow area identified as Residential on the County Future Land Use Map. In June of 2019, the Iowa City City Council approved a preliminary plat for a 7-lot subdivision located directly north of the subject properties. The approved subdivision contains a stubbed out street and stormwater detention infrastructure, intended to service both the subdivision to the north and planned development on the subject properties. Analysis There is a moderate degree of existing residential uses to the west along American Legion Road. Additionally, there is some estate housing to the north of American Legion Road. The existing residential land uses are identified on the County's Future Land Use Map as Residential. While the subject properties would be directly adjacent to the land designated Residential, there are still large August 9, 2019 Page 4 swaths of undeveloped land within this designated area. Table 2 compares the existing land use category with the proposed. Staff anticipates that with a potential rezoning to County- Residential, a full build -out of the properties could yield between 50 and 70 dwelling units. Table 2. Comparison of Existinq and Proposed Land Use Category Existing FLUM Category Proposed FLUM Category Agricultural Residential Typical Land Uses Agriculture (Crop Production & Single-family detached Animal Husbandry); Limited dwellings (1 unit per acre or Residential denser); Can include some non-residential development Residential Limited, case by case (no more Limited to locations that can Development than 2 acres per dwelling); support and accommodate should be associated with food designated residential production or consistent with densities; historic use Max Development Development intensity not 73 Dwelling Units' Potential specified in the Future Land Use Map Category. 'Dwelling unit figure based on an assumption of rezoning to County R-Residential zoning, at the maximum build -out of 1 unit per acre. Max build -out does not take into consideration the area needed for the development of roadways and stormwater management. Fringe Area Policy The two subject parcels are located outside of the City's current Fringe Area, meaning that they are technically not subject to any of the regulations of the Fringe Area Agreement. These properties are; however, located within 2 miles of the City's jurisdictional boundary. The closest Fringe Area classification can be found to the north and west of the subject parcels, which is Fringe Area B — Outside of the Growth Area. This Fringe Area classification calls for rural/agricultural uses, and road infrastructure must meet the City's rural design standards. City Comprehensive Planning The City's Southeast District Plan does not cover the subject properties. However, about one -mile northwest of the County's designated Residential land use area (see Figure 2), the Southeast District Plan does call for future housing to match what is located on the west side of Taft Avenue (upon improvement of Taft Avenue to City standards, and projected subsequent residential development). The density projected for this area is a low to medium range density, with lot sizes between 5,000 — 8,000 square feet in size (roughly 1/10 to 1/5 of an acre). With continued demand for expansion of the City eastward, it is not unreasonable to assume similar development patterns could eventually abut the County's designated Residential land use area. NDS's Advisory Position NDS staff has concerns with the proposed Future Land Use Map amendment from Agricultural to Residential. The land use change, and subsequent rezoning and development of the subject properties, could add a generous amount of estate -sized housing to an area that the City has seen outward growth and demand for increased residential growth. There is abundant land (approximately 190 acres) within the County's designated Residential land use area for County Residential infill development. And finally, the City Planning and Zoning Commission and City Council evaluation of the rezoning of the property to the north of the subject properties was met with some resistance, due to the area's proposed departure from the agricultural uses prescribed in the City/County Fringe Area Agreement. August 9, 2019 Page 5 While the rezoning was ultimately approved, a joint -consult between City and County staff was necessary. The subject application proposes a similar request, but is outside of the area identified for County residential infill development. Future Land Use Map Amendment FLUM-19-27760 of Adam Kos Application Background The proposed request by Adam Kos for a Future Land Use Map amendment is to change 115.37 acres of land designated Agricultural to Conservation Development and Commercial. This proposed amendment area is shown in Figure 3. The subject area currently contains A -Agricultural, R- Residential, and CH -Commercial Highway County zoning. The change in land use designation is intended to support a sizeable mixed commercial, residential, and conservation development project. Figure 3 shows the subject properties within the proposed Future Land Use Map amendment area. The proposed land use designations for each parcel are identified in the table. Figure 3. Location of Proposed Map Amendment kl o losanlool �. xa oF�*i0 sc i t 1 l � �� ]33911 b001 m 1033 �610 loa mslo os ,i.oi.. �A - 1V331 �--�-- -" eloos nS 1o39z51aa1 Parcel ID Cumert Designation Proposed Designation 10264T w Agn.N . Camm�col 10261T M Agn� Commeecial iwmA ow A,. eomm .I 1W 1510M Agkcu . �01 1IX 1510 cu R e Commtt w 10 2WM Agiwllwe Camnxeerel ID231M1 A�.m. �.w 16 14 wl AgncW Comm .w 1P]42'e6002 Agn�e Conxrvation Oevelupnert] 10542TA304 Ag uM Canxwetiwl Derelopme�i 10.'142 wi A,io a CoiseNe Derelopma t August 9, 2019 Page 6 Analysis The application proposes changing the existing Agricultural land use designation to a combination of Commercial and Conservation Development land uses. The area along the northern end of the map amendment, proposed as Commercial, is already zoned R-Residential under the Johnson County zoning ordinance. The County land use plan still shows this area as Agricultural. This area is bordered by County A -Agricultural zoning to the south, Ryerson Woods to the northwest, and City property zoned General Industrial (1-1) to the east. While there is an adjacent intense zone in City 1-1 to the east, the South Central District Plan calls for this area to transform to public/private open space in the future, thereby removing any contiguity the subject area might have with an industrial zone. Table 3. Comparison of Existinq and Proposed Land Use Cateqory Existing FLUM Proposed FLUM Proposed FLUM Category Category Category Agricultural Commercial Conservation Development Typical Land Uses Agriculture (Crop Retail; Service; Office Protection of Production & Animal sensitive areas Husbandry); Limited Residential Residential Limited, case by case NA Permitted, but Development (no more than 2 acres must use cluster per dwelling); should subdivision be associated with food design (50% open production or space consistent with historic requirement) use Max Development Development intensity Development intensity Up to 50% of Potential not specified in the not specified in the acreage not Future Land Use Map Future Land Use containing Category. Category. sensitive areas could be developed for residential. Fringe Area Policy The subject area is within Fringe Area C — Outside of the Growth Area. This Fringe Area designation calls for rural/agricultural uses, or uses consistent with the Johnson County Unified Development Ordinance. Road infrastructure must meet the City's rural design standards. Given the envisioned build out for this development, the proposed land use map amendment presents a radical change from the existing County land use designation and from what is prescribed in the City/County fringe area land use policy. City Comprehensive Planning The City's South Central District Plan does not cover the subject area. However, the plan does call for the land to the east of the proposed commercial area at the project's northern end to revert to open space. NDS's Advisory Position NDS staff has concerns with the proposed Commercial map amendment application. While the subject area is outside of the City's South Central District Plan area, adjacent properties that fall within the plan call for less intense uses, with the southern portion of the Plan area prescribing open space and single- August 9, 2019 Page 7 family residential. Development of Commercial land uses, which could take on a wide variety of ultimate uses, could be out of character with both the current and planned built environments of the subject area. As was previously stated, the proposed development would be a radical departure from what is prescribed in the City/County Fringe Area Agreement. Based on the utilities and infrastructure needed to serve a commercial use, City staff recommends that future commercial development be located within the City's corporate limits. The proposed Commercial area is outside of the City's growth area; and therefore, annexation will not be contemplated. Additionally, the subject parcels contain several existing sensitive areas that should be left undisturbed, including unwooded wetlands, wooded wetlands, woodlands, highly erodible soils, and steep slopes. Lastly, City staff has general concerns about the viability of such a large-scale development in this location. The Iowa City area has seen construction of several commercial and mixed -use developments in recent years, many of which are located along the 1-80 corridor. The remote location of this proposed development, in addition to an already saturated commercial retail market in the area, could prove challenging. Redevelopment of the S&G Materials Sand Quarry for Conservation Development might be appropriate. It is possible that the area might one day benefit from a trail connection to Iowa City's southern trail network. City staff would like to be a part of any ongoing discussions on the extent of any redevelopment of the area for Conservation Development uses. Conclusion The decision on these amendments is the County's; however, staff greatly appreciates the opportunity to comment on these proposed amendments. Staff looks forward to continuing coordination with County planning staff on updates to the Fringe Area policy. PRELIMINARY PLAT 218 COMMERCIAL PARK JOHNSON COUNTY, IOWA r :ter CITY OF IOWA CITY NISC�nOUE.I�E MEMORANDUM Date: January 16, 2020 To: Planning and Zoning Commission From: Ray Heitner, Associate Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to Animal Related Commercial Uses in CH-1 Zones (ZCA19-06) Background on Proposed Amendments The City has been approached by Phil O'Brien regarding future development of a community based dog recreation center located at 2513 N. Dodge St. in Iowa City. The subject location is currently zoned Highway Commercial (CH-1). This zoning designation does not allow animal related commercial establishments, which is the commercial land use that staff feels is most appropriate for the proposed development. Highway Commercial zoning in the subject location fits the directive of the comprehensive plan. However, due to the subject location's distance from residential zones and adjacency to more intense land uses, staff is supportive of text amendments to the animal related commercial land use that will best fit the proposed development. Background on the Proposed Community Based Indoor Dog Park and Recreation Center The proposed community based indoor dog park and recreation center is planned to be approximately 22,000 square feet in size and feature a full -service restaurant, retail space, pet friendly colab office spaces, rentable meeting spaces, an elevated on -leash dog walking track, over 15,000 square feet of agility and modular space for off -leash activities or custom events, and a dog friendly diving/pool area. Being mostly indoors, with some contained outdoor space and walking trails, the developer maintains that the facility would have minimal impact to any neighborhood businesses in the way of sound or outdoor activities. The developer believes the center will draw from a regional customer base. The developer's research shows this location as being ideal for the future success of the project. Aside from the recreation center component, these uses described above are allowed by right in a CH-1 zone. Current Regulations Per section 14-4A-4B of the City Code, Animal Related Commercial Uses are defined as commercial services related to the temporary care, medical treatment, or cremation of domestic animals. Uses are divided into two subgroups, general and intensive, based on the intensity of the use, outdoor activity on the site, and the potential for noise and odor related externalities. Table 1.0 provides examples of animal related commercial uses for each subgroup. January 10, 2020 Page 2 Table 1.0 Animal Related Commercial Subgroup: Examples of Uses: General Veterinary clinics; animal grooming establishments; pet crematoriums Intensive Kennels; stables Table 2.0 shows which zones currently allow general animal related commercial uses as a provisional use or via special exception. Intensive animal related commercial uses are allowed as a provisional use, only in Intensive Commercial, CI-1 zones. Table 2.0 Use Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB- MU Cate ories 10 Animal General S PR PR PR PR PR Related Intensive PR Commercial The proposed text amendment would not change how stand-alone veterinary clinics, animal grooming establishments, pet crematoriums, kennels, or stables would be regulated. Proposed Code Amendments Staff is proposing to amend the code to allow general animal related commercial uses as a provisional use in Highway Commercial (CH-1) zones. In addition, staff is proposing to amend the code to allow animal daycare and indoor animal recreation uses as allowable provisional general animal related commercial uses. These two additional uses would be allowed in provisionally in CN-1, CH-1, CI-1, CC- 2, CB-2, and CB-5 zones. Both animal daycare and indoor animal recreation uses would need to abide by existing additional criteria requiring provisional general animal related commercial uses to be conducted completely indoors, in a soundproofed building. The following definitions are proposed for animal daycare and indoor animal recreation uses. Animal Daycare: A nonresidential facility offering care for domestic animals during daytime hours, not during overnight hours. Indoor Animal Recreation: An indoor facility used for the exercise, recreation, or training of domestic animals. Staff is also proposing to amend the code to allow private outdoor animal recreation uses via special exception in CH-1 zones. This amendment is not intended to regulate or otherwise constrain the keeping of household pets, or the development of public recreation facilities such as public dog parks. The special exception process would require all outdoor animal recreation uses to obtain approval from the City's Board of Adjustment. Staff is proposing the following additional approval criteria to obtain a special exception for outdoor animal recreation uses. 1. Outdoor animal recreation areas must be located at least 400' from any residential zone. January 10, 2020 Page 3 2. No outdoor animal recreation uses are allowed overnight. 3. All outdoor animal recreation areas must be fully enclosed by a fence that is of sufficient height to prevent animals from escaping. 4. Animals shall not be permitted in an outdoor animal recreation area unless a handler is present. 5. Where outdoor animal recreation facilities are accessed by the public, a double -entry gate is required. 6. All outdoor animal recreation areas must be kept in a clean, dry, and sanitary condition. The following definition is proposed for an outdoor animal recreation use. Private Outdoor Animal Recreation: An outdoor facility used for the exercise, recreation, or training of domestic animals. Rationale for Text Amendments The purpose of the Highway Commercial (CH-1) zone is to permit development of service uses relating to expressways or along arterial roadways. The applicant for the text amendment maintains that the proposed development of a community based indoor dog park and recreation center at 2513 N. Dodge Street will have a regional draw, making the proposed highway adjacent location convenient for the business' patronage. The majority of the City's current CH-1 zoning is clustered around N. Dodge Street, to the north and south of the Interstate 80 interchange. Each CH-1 parcel is within 1/3 of a mile of the Dodge Street and Interstate 80 interchange. The map in Figure 1.0 shows how each CH-1 parcel is bordered by either Mixed Use or Commercial Office zoning, which allows for significant distance separation between outdoor animal recreation uses and any residential uses. By requiring that outdoor animal recreation locations obtain a special exception, a public process is put in place to ensure that any concerns posed by residents, workers, and stakeholders are acknowledged. Staff feels that the provisional requirement for soundproofing in buildings with general animal related commercial uses is sufficient for the proposed new uses, animal daycare and indoor animal recreation. January 10, 2020 Page 4 Comparison to Peer Zoning Ordinances Table 3.0 shows a comparison of peer zoning ordinances pertaining to animal related services. Staff borrowed certain additional approval criteria from these peer ordinances. City Commercial Uses Allowed Applicable Zones Additional Criteria Use Designation Des Moines Animal • Boarding Industrial Outdoor exercise Services • Grooming • Intense areas must be at • Stable commercial least 200' from • Veterinary • Mixed -use residential zones. • Downtown. Cedar Rapids Outdoor animal Areas for: • Urban • Must be 100' runs (accessory Animal • Traditional from to Animal & Pet training • Suburban residential Sales/Service Exercise • Public zones Use) • Recreation • Screened • Other from public activities. ROW • Overnight boarding not permitted outdoors. Davenport Animal Care • Veterinary • Commercial • 6' high min. Facility (Small) • Boarding (Day • Mixed -Use fence height. & Overnight) • Agricultural • Overnight • Grooming boarding not • Training permitted outdoors. • Animal exercise areas must be sanitary. Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must hold a public hearing to consider the proposed text amendments. Recommendation Staff recommends amending the City Code to allow the following: 1. Allow general animal related commercial uses as a provisional use in Highway Commercial (CH-1) zones. 2. The creation of animal daycare and indoor animal recreation uses as general animal related commercial uses as provisional uses in CN-1, CH-1, CI-1, CC-2, CB-2, and CB-5 zones. 3. Allow outdoor animal recreation uses via special exception in CH-1 zones January 10, 2020 Page 5 Attachments: 1. Applicant Statement on Proposed Development 1 1 , s1T w.� Approved by: Danielle Sitzman, AICP Department of Neighborhood and Development Services Request for Rezoning The project planned for 2513 N. Dodge St in Iowa City will be a community based indoor dog park and recreation center. It will be a 22,000 sq ft facility that will include a full service restaurant, retail space, pet friendly colab office spaces, rentable meeting spaces, elevated on -leash walking track, 15,000+ sq ft of agility and modular space for off leash activities or custom events and a dog friendly diving/pool area. Local partners working on the project include Shive Hattery, Axiom, Meld Marketing and more. We feel the request is warranted so we can maximize our services and benefits to the community and our clients while having little to no effect on the neighboring businesses or area as a whole. Being mostly indoors, with some contained outdoor space and walking trails, the facility would have minimal impact to any neighboring businesses in the way of sound or outdoor activities. The lot is also located at the end of a smaller contained commercial area, therefore minimizing the number of and direct contact of neighboring businesses. We believe our pet friendly community center will be a benefit to the local hotel and restaurants in the area, along with bringing more jobs and services to our local market. The center will be planned as a destination business drawing not only local, but regional patrons that will utilize these neighboring businesses. In addition, the improvements to the land will add a tasteful use of space that will coincide with the future renovations of the current Clarion Hotel. With the growing number of pets and furry family members in our community, our community center will help promote healthy exercise and educational activities for our customers without having to leave their pups at home. Our plan is to promote an active and inclusive lifestyle for everyone. Our research shows this location to be ideal for the future success of our project. With a few changes to the local code and with a beneficial impact to the neighboring businesses, I would like to opportunity to bring a unique and positive service to our community. Thank you for your consideration and I am happy to offer any additional business plans or answer any questions. Best Regards, Phil O'Brien N l CITY OF IOWA CITY MEMORANDUM Date: January 16, 2020 To: Planning and Zoning Commission From: Anne Russett, Senior Planner, on behalf of the Staff Form -Based Code Committee Re: Level II Design Review — 12 E. Court Street Introduction Staff received a design review application last year, which includes a height bonus request, for the property at 12 E. Court Street. On January 16, the Planning and Zoning Commission will review these plans and make a recommendation to the City Council. This memo includes the project background, outlines the height bonus request, generally describes the project, and outlines the specific criteria used in the review. Although the Form - Based Code Committee has determined that the project meets the requirements of the form - based code, this is a discretionary process and staff has identified some concerns. The main concerns are as follows: • The applicant has proposed a skywalk between the two proposed buildings that extends across the proposed Capital Street extension. The skywalk is not supported by staff. • The proposed buildings include fully screened balconies. Although the screens are included for safety reasons, staff is concerned that the fully screened balconies will detract from the visual appearance of the buildings and does not support the balconies. • The plans include a proposed design for the Capital Street extension, which staff does not support. Staff recommends that the proposed right-of-way be redesigned to City specifications. Background In April 2018, the Planning and Zoning Commission recommended approval of a rezoning of approximately 3.41 acres of land located at 12 E. Court Street from the High Density Multi - Family Residential (RM-44) zone to the Rivertront Crossings — South Downtown (RFC -SD) zone subject to conditions related to the dedication of right-of-way along Capital Street, streetscape improvements, and additional review by the Planning and Zoning Commission. In September 2018, the City Council adopted the rezoning subject to conditions related to the following [Attachment 1]: 1. Dedication of the Capital Street right-of-way; 2. Obtain approval of the exterior design elevations from the Planning and Zoning Commission. If Level II design review is required for bonus height, the Planning and Zoning Commission will review the proposed development plan and make a recommendation to the City Council; 3. Build the Capital Street right-of-way to City specifications; 4. Streetscape improvements to enhance the pedestrian environment; 5. Satisfaction of the affordable housing requirements; 6. Compliance with the building footprints shown for this area in the Downtown and Riverfront Crossings Master Plan; 7. Development of a landscaped interior courtyard on the eastside of the project site; 8. Approval by the City Manager of the owner's architect team; and 9. If requesting bonus height, that the project "demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood". January 9, 2020 Page 2 Projects located in Riverfront Crossings zoning districts are subject to design review by the staff Form -Based Code Committee. The Form -Based Code Committee's responsibility is ensuring that the plans comply with the form -based regulations. Staff received a complete application for design review in July 2019, which included a request for a height bonus. This request not only requires review by staff, but also by the Planning and Zoning Commission due to the rezoning condition, and the City Council. Bonus Height Request The applicant has requested seven stories of bonus height for two proposed 15 story, mixed - used buildings. The base maximum height in the RFC -SD zone is eight stories, but the maximum bonus height allowed is 15 stories through the discretionary design review process. The building height bonus provisions in the form -based code for Riverfront Crossings create an incentive for developers to incorporate features that provide a public benefit or that further important goals and objectives of the Riverfront Crossings Master Plan. Requests for bonus height are reviewed by the Form -Based Code Committee through the Design Review process. Up to two stories of bonus height may be approved administratively by staff. Height bonus requests above two stories or transfer of development right requests (e.g. public right-of-way) must be approved by City Council through the Level II design review process. As is shown in Table 1, the applicant is requesting seven stories of bonus height for both the west and east buildings by meeting the approval criteria for public right-of-way height transfers, historic preservation height transfers, and bonus height for student housing as set forth in 14- 2G-7G of the zoning code. Table 1. Summary of Bonus Height Request BuildingWest Hequestlype Bonus Height He uest T e d . Bonus Hei ht Public Right -of -Way Height Transfer Floors 9-14 Public Right -of -Way Height Transfer Floors 9-14 Historic Preservation Height Transfer Floors 14-15 Historic Preservation Height Transfer n/a Student Housing Floor 15 Student Housing Floor 15 In addition to the specific approval criteria, the code also requires that that all proposals must demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood. See Attachment 2 for the applicant's submission to the Form -Based Code Committee, which includes building elevations and renderings, site plan, landscaping plans, and floor plans. Attachment 3 includes additional perspectives provided by the applicant General Description of the Protect The two buildings are proposed on a sloping site between Burlington and Court Streets along the proposed extension of Capital Street west of the Voxman Music Building. See Figure 1. January 9, 2020 Page 3 Figure 1. Location of Proposed Project West Building The west building is proposed west of the Capital Street extension. The proposed 15-story building will include 492 dwelling units and 3 levels of underground parking. The first floor (and a portion of the basement level) of the building will include non-residential uses along Burlington Street, Capital Street, and Court Street, as well as some residential units that face the main courtyard area and alley. The non-residential uses include a proposed office use along Court Street, a retail use at the intersection of Burlington and Capital Streets and academic amenity space along Capital Street. The applicant has described the academic spaces as including study rooms and computer labs with wi-fi. In terms of recreational amenities, the plans show a half basketball court, a track, a jacuzzi area, and an outdoor pool deck along Burlington Street. Trash and recycling areas are provided on each floor and small community study areas (approximately 220 square feet) are provided on floors 4-15. The plans also show that the on - site parking and open space requirements have been met. Specifically, the code requires 239 vehicle parking spaces and 241 are proposed. The plans also include spaces for scooter and bicycle parking. In terms of open space, the plans show that 15,037 square feet of open space will be provided through the provision of one large, landscaped, public courtyard; two smaller, landscaped, public forecourts, and two smaller, private courtyards. The main courtyard space extends from Capital Street west to the alley behind the building. It is 48 feet wide and is open for the first three stories of the building. See Figures 2 and 3 for more information on the proposed open space areas. Two additional private courtyard spaces are provided along the alley side of the building and two, public forecourt spaces open up to Capital Street. Table 2 provides a summary of the west building. January 9, 2020 Page 4 Figure 2. Overview of Open Space Areas Blue areas indicate public open space and green areas indicate private open space. Figure 3. East Perspective of the West Building Public Courtyard January 9, 2020 Page 5 Table 2. West Building Summary Stories Proposed 15 Required/Allowed 8 max base height 15 max bonus height Dwelling Units 492 n/a Bedrooms 953 n/a Vehicle Parking 241 239 Bicycle Parking 278 271 Open Space 15,037 sq ft 9,530 sq ft Office 3,649 sq ft n/a Retail 1,699 sq ft n/a Flex Space (non-residential) 1,473 sq ft n/a Recreational Amenities 16,996 sq ft n/a Academic Amenities 9,211 sq ft n/a East Building The east building is proposed east of the Capital Street extension. The proposed 15-story building will include 426 dwelling units and 3 levels of underground parking. The first floor of the building will include non-residential uses along Burlington Street, Capital Street, and Court Street. This includes a proposed office space at the corner of Burlington and Capital Streets, academic spaces along Capital Street, and a retail use at the Capital and Court Street intersection. The applicant has described the academic spaces as including study rooms and computer labs with wi-fi. No recreational spaces are provided within the east building; however, it includes a 3,623 square foot restaurant on the 15`h floor. The plans demonstrate that the requirements related to on -site parking and open space are met. The code requires 205 vehicle parking spaces and the plans show 208 vehicle spaces, as well as parking for scooters and bicycles. Similar to the west building, the plans show that public and private open space requirements will be met through landscaped forecourts and courtyards. Specifically, the main public courtyard area extends from Capital Street east to the alley and two other smaller, public forecourt spaces open up to Capital Street. See Figure 2, above, for more detail on the proposed open space areas. Table 3 provides a summary of the east building. Table 3. East Building Summary Stories Proposed 15 Required/Allowed 8 max base height 15 max bonus height Dwelling Units 426 n/a Bedrooms 820 n/a Vehicle Parking 208 205 Bicycle Parking 246 244 Open Space 10,332 sq ft 8,200 sq ft Office 9,134 sq ft n/a Retail 1,473 sq ft n/a Restaurant 3,623 sq ft n/a Academic Amenities 9,824 sq ft n/a Materials The applicant has proposed a variety of materials for both buildings, including metal panels, terracotta, spandrel and regular glass, metal screens, and concrete. Along the first floor of Capital Street the applicant has proposed an artistic component in the form of a graphic panel behind metal screens near building entrances. The renderings show the metal screen with plantings growing up them and the lighted graphic panels behind the screens. See Figure 4. January 9, 2020 Page 6 Figure 4. Metal Panels with Graphic Panels along Capital Street In addition, the applicant has proposed balconies. Due to safety concerns with balconies incorporated into such a large student housing project, the applicant has proposed to fully screen the balconies with a perforated panel and a metal screen. The applicant has provided staff with material samples, which staff will bring to the Commission's meeting. Skywalk The applicant has proposed a connection between the east and west buildings via a skywalk, which is located at the fourth floor between the open courtyard area and Burlington Street. Capital Street Right-of-Wav The applicant's plans also show the proposed public right-of-way for Capital Street. The plans show a 100-foot right-of-way, which includes 12.5-foot walkways on both sides of Capital Street, two 12.5-foot travel lanes and angled parking. The plans also show planter boxes along both sides of Capital Street and a pedestrian crosswalk aligned with the main courtyards of each building. Specific Approval Criteria Public Right -of -Way Transfer To qualify for bonus height for a public right-of-way height transfer the applicant must dedicate land (the sending site) that is needed in order to construct or improve rights -of -way necessary to realize the vision of the Riverfront Crossings Master Plan. In this case, the applicant has agreed to dedicate public right-of-way to re -open Capital Street between Burlington and Court Streets. The transfer of development rights request must be equal to the area of the right-of-way to be dedicated multiplied by the base maximum height allowed. Staff Findings: The applicant has agreed to dedicate public right-of-way that will result in the re- opening of Capital Street per the executed conditional zoning agreement. Based on the amount of right-of-way that will be dedicated the applicant has enough square footage from the sending site (i.e. the proposed ROW) to transfer that development potential to the proposed buildings. In total, the applicant has requested to transfer 304,000 square feet of the ROW development potential to the two buildings. The extension of Capital Street is also envisioned in the Downtown and Riverfront Crossings Master Plan and also identified as a primary street on the regulating plan that was adopted as part of the Riverfront Crossings Form -Based Code. January 9, 2020 Page 7 That said, staff does not support the proposed design of the Capital Street right-of-way. Specifically, the applicant has proposed angled parking, which staff recommends be changed to parallel parking. Staff would also like to see the width of the travel lanes reduced. The incorporation of parallel parking will ensure consistency with the Downtown and Riverfront Crossings Master Plan. Reducing the width of the travel lanes and incorporating parallel parking will ensure consistency with the City's recent street reconstruction projects, like Washington Street in downtown. Furthermore, the conditional zoning agreement requires that the applicant build the Capital Street right-of-way to specifications approved by the City Engineer. The current design does not align with the City's expectations. Lastly, staff does not support the proposed skywalk across Capital Street that connects the two buildings. Staff is concerned that it could block views of the Old Capital and potentially divert activity away from the street -level. Historic Preservation Transfer To qualify for bonus height for a historic preservation height transfer the applicant must transfer development potential from an Iowa City historic landmark to a receiving site. The transfer of development rights request must be equal to the acreage of the sending site multiplied by the base maximum height allowed. Staff Findings: The applicant previously supported the designation of the Tate Arms building as an Iowa City Historic Landmark. In 2015, the City Council approved the transfer of a portion of the development potential of the sending site (i.e. Tate Arms) to an adjacent property. As part of this previous agreement, the applicant rehabilitated the Tate Arms building. The current request is to transfer the remaining potential of the Tate Arms building, 27,400 square feet, to 12 E. Court Street. Student Housing Up to 5 floors of additional building height may be granted for projects that are ideally located and designed to provide a high -quality living environment for college students. Student housing height bonus requests must also meet the following criteria: Location Criteria: 1. Projects must be located on land that is within the University Subdistrict, South Downtown Subdistrict, or the West Riverfront Subdistrict; and 2. Is within one thousand feet (1,000') walking distance along public rights -of -way from the University of Iowa campus. Management, Design And Amenity Criteria: 1. An enforceable plan for on site management and security must be submitted to and approved by the City; 2. For projects with 200 or more bedrooms, professional 24 hour on site management and security must be provided. A professionally staffed management office/reception desk must be provided in the entrance lobby of the building; 3. Interior and exterior usable shared open space must be provided with amenities that create a high quality living environment for students. The management plan must include adequate provisions for management, maintenance, and security of such spaces; 4. A secure bicycle parking/storage area shall be provided and maintained within the building or parking garage; 5. The owner shall maintain a valid rental permit and comply with all applicable City codes; 6. The City reserves the right to inspect the property to verify compliance with these provisions. January 9, 2020 Page 8 Staff Findings: The project meets the location criteria. It is located within the South Downtown subdistrict, right across the street from the University of Iowa Campus. As for the management plan, the applicant has submitted a management plan that has been reviewed by the City, including the Police Department [Attachment 4]. The Police Department is comfortable with the direction provided by the applicant to date; however, there are several details to work out. These details include confirmation of camera coverage at points of egress, ingress, common areas, public areas, and businesses; exact protocols for the Police Department accessing video; protocols for timely repairs to the video systems; as well as staffing requirements. In terms of staffing, staff recommends at least three security personnel providing security 24/7. Staff recommends a final administrative review and approval of the management plan, which must include these details, prior to the issuance of a building permit. Although the plans show the provision of academic amenity space in both the west and east buildings, the plans lack detail on how this amenity space creates a high -quality living environment for students. Staff recommends that the applicant provide more justification on the amenity spaces. More specifically, is the amount and type of amenity spaces proposed adequate based on today's student's needs and the size of the project? In addition, staff does not support the proposed balconies on a student housing project of this scale. The applicant has proposed to fully screen the balconies; however, staff is concerned with the visual appearance of fully screened balconies, especially with the metal and wiring solutions that have been presented. The fully enclosed balconies could detract from the higher quality components of the building and still allow for minor nuisances (e.g. noise, debris). The plans demonstrate compliance with the number of required on -site bicycle parking. The bicycle parking provided within the parking garage is secured with a fence enclosure around the bike parking. Staff recommends that this fencing be chain -link or some other non -opaque material for safety reasons. The City will require and ensure that the applicant obtain a rental permit prior to occupancy. Rezoning Conditions In addition to reviewing the project against the bonus height criteria, staff also reviewed the project against the following rezoning conditions: • Development of the subject property must substantially conform to the building footprints shown in the Downtown and Rivertront Crossings Master Plan (page 61). Any significant deviation in the building footprint, as reasonably determined by the City, must be approved by the City Council in a Level II design review process. Staff Findings: Figure 5 shows the image referenced in this rezoning condition. The master plan shows four U-shaped buildings along the Capital Street extension. Staff determined that this condition has been met. Figure 6 shows the comparison of the master plan footprints with the proposed footprints provided in the development plans. Combining the west and east buildings, the plans show 139 linear feet more along the exterior building walls (an increase of 5%) and 2,977 more square feet (an increase of 4.8%). January 9, 2020 Page 9 Figure 5. Image from Page 61 of the Plan, Looking South Figure 6 also helps illustrate that the master plan contemplated four buildings, while the proposal includes two buildings. The proposed plans include a connection at the fourth floor, which results in two buildings, but allows for the public courtyards to extend to the western and eastern edges of the property. Figure 7 shows the proposed connection at the fourth floor above the public courtyard area. See also Figure 3 for the rendering showing the courtyard, which includes the proposed landscaping, amenities, and artistic components. Figure 6. Footprint Comparison — Master Plan v. Proposed Plan M MRR FRCFVRD FCOI 1. FW 1PfdNT January 9, 2020 Page 10 Figure 7. East Elevation of West Building .-- T L 3 — _ - T r L< d M t F b+1 1 1 / • Development of the subject property must include a landscaped interior courtyard between the two easternmost buildings. Access to the University of Iowa's Voxman Music Building from the interior courtyard may be restricted or limited for safety reasons if deemed appropriate by the City Council in a Level II design review process. Staff Findings: Staff determined that this condition has also been met. The plans for the east building show an interior courtyard that extends and is open from Capital Street to the alley between the east building and the Voxman Music Building. • In accordance with the Riverfront Crossing Form -Based Code, any request for bonus height shall "demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood". Staff Findings: The buildings will be constructed of steel and concrete. The proposed materials include metal panels, terracotta, spandrel and regular glass, metal screens, and concrete, which are approval materials per the form -based code. The buildings will have extensive window and door openings, which meet the fenestration requirements of the form -based code. Despite the sloping nature of the site, all entrances from Burlington, Clinton, and Court Streets are designed at -grade. The window and door openings, as well as the at -grade entrances help create a more walkable and inviting environment. To break up the fagade, the buildings are stepped back along Burlington, Court, and Capital Streets. Along Capital Street, the building stepbacks are deeper at the southern end and narrow toward Burlington Street. The stepbacks meet the requirement of at least a 10-foot stepback above the fifth story. In addition, the forecourt and courtyard openings, in combination with the vertical and horizontal articulation help to create a visually appealing fagade. The open spaces along Capital Street also help to keep visual interest. These spaces are open to the public and provide open seating areas and are fully landscaped. The project is located on a sloping site between the Voxman Music Building and a recent 8-story residential project at 316 E. Madison Street. To the south of the project site is the Johnson County Courthouse. Although there are no other buildings of this scale in the immediate vicinity, the City Council adopted the form - based code to help incentivize redevelopment in Riverfront Crossing by allowing up to 15 stories through a discretionary process. January 9, 2020 Page 11 Role of the Commission Typically, the Planning and Zoning Commission is However, since a Level II design review is required requires that the Planning and Zoning Commission make a recommendation to the City Council. Recommendation not involved in the design review process. the adopted conditional zoning agreement review the proposed development plan and Based on the information provided by the applicant, as described above, the Staff Form -Based Code Committee finds that the proposal meets the requirements of the Riverfront Crossings Form -Based Code. Although it meets the technical requirements of the code, awarding the bonus height is at the sole discretion of the City Council. Furthermore, staff recommends the following modifications and details: 1. Removal of the skywalk. 2. Re -design of the Capital Street right-of-way, for review and approval by staff, to ensure consistency with the Riverfront Crossings Master Plan and other recent City street reconstructions, like Washington Street in downtown. 3. Removal of the balconies. 4. An additional administrative review of the management plan that includes details regarding staffing, cameras, accessing video, etc. prior to the issuance of a building permit. 5. Additional detail and justification on the academic amenity space. 6. Secure fencing around bicycle parking must be non -opaque (e.g. chain -link). 7. If the building plans deviate substantively from the approved design review plans, these changes must be reviewed and approved by the City Council. An example of a substantive change is a change to exterior building materials. Attachments: 1. Conditional Zoning Agreement 2. Applicant's Submittal to the Form -Based Code Committee 3. Additional Perspective Provided by the Applicant 4. Applicant's Management Plan Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00014) Ordinance No. 18-4765 An ordinance conditionally rezoning approximately 3.41 acres from High Density Multifamily Residential (RM-44) zone to Riverfront Crossings —South Downtown Subdistrict (RFC -SD) zone located at 12 E. Court Street. (REZ18-00014) Whereas, the applicant, 100-500 LLC, has requested a rezoning of property located at 12 E. Court Street from High Density Multifamily Residential (RM-44) to Riverfront Crossings —South Downtown Subdistrict (RFC -SD); and Whereas, the Comprehensive Plan indicates that this property is appropriate for redevelopment of high density multifamily housing that contributes to a pedestrian friendly streetscape; and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for compliance with the Downtown and Riverfront Crossings Master Plan including dedication of right of way and construction of Capitol Street; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of High Density Multifamily Residential (RM-44) to Riverfront Crossings —South Downtown Subdistrict (RFC -SD): ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. Section It. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. 18-4765 Page 2 Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of September . 2018. MAYOR ATTEST: C Tb Y CLERK City Attorneys Office Ordinance No. 18-4765 Page 3 It was moved by Mims and seconded by_ Ordinance as read be adopted, and upon roll call there were: Thomas that the AYES: NAYS: ABSENT: x Vacant — Botchway seat x Cole x Mims x Salih x Taylor x Thomas x Throgmorton First Consideration 08/21/2018 Vote for passage: AYES: NAYS: None. ABSENT: Second Consideration _ Vote for passage: Cole, Mims, Salih, Taylor, Thomas,Throgmorton. Vacant-Botchway seat. Date published 09/13/2018 Moved by Mims, seconded by Salih, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 62240 (319) 356-5240 (REZ18-00014) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and 100-500, L.L.C. (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 3.41 acres of property located at 12 E. Court Street; and Whereas, the Owner has requested the rezoning of said property from High Density Multifamily Residential (RM-44) to Riverfront Crossings —South Downtown Subdistrict (RFC - SD); and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding compliance with the Downtown and Riverfront Crossings Master Plan, including dedication of right of way and the construction of Capitol Street and streetscape enhancements on Burlington Street, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for dedication of right of way and construction of Capitol Street and streetscape improvements on Burlington Street; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 100-500 LLC is the legal titleholder of the property legally described as ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT ppdadMagVrez18-000D14=pent mstgardens81818.doe THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit for any new development of the subject property, Owner shall; i. Submit and obtain the City's Manager's written approval of a phasing plan for the development. The plan shall include dates by which Owner shall dedicate right of way to the City of sufficient width, as determined by the City, to facilitate the reestablishment of Capitol Street. In no event shall dedication of the Capitol Street Right of Way occur more than 36 months after issuance of the initial building permit, and in no event shall completion of the Capitol Street improvements occur more than 24 months after dedication of the right of way. ii. Obtain approval of the exterior design elevations from the Planning and Zoning Commission. If Level II design review is required for bonus height, the Planning and Zoning Commission will review the proposed development plan and make a recommendation to the City Council. b. Unless otherwise approved in writing by the City Manager in said phasing plan or an amendment thereto, Owner shall dedicate the Capitol Street Right of Way to the City and build the Capitol Street right-of-way to specifications approved by the City Engineer prior to issuance of a certificate of occupancy for any of the subject property. c. Prior to issuance of a certificate of occupancy for any of the subject property, Owner shall install streetscape improvements to enhance the pedestrian environment on Burlington Street and Court Street, as described in the Downtown and Riverfront Crossings Master Plan. d. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on -site owner -occupied dwelling units, on -site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on -site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above -described property. e. Development of the subject property must substantially conform to the building footprints shown in the Downtown and Riverfront Crossings Master Plan (page 61). Any significant deviation in the building footprint, as reasonably determined by the City, must be approved by the City Council in a Level II design review process. f. Development of the subject property must include a landscaped interior courtyard between the two easternmost buildings. Access to the University of Iowa's Voxman Music Building from the interior courtyard may be restricted or limited for safety reasons if deemed appropriate by the City Council in a level II design review process. ppdadMagVmz18A00014 m pen=est gaNens81618.do 2 g. The owner's architect team must have demonstrated experience to the City's reasonable satisfaction with both: 1) high -quality urban design; and, 2) large-scale student housing and/or residence halls (exterior and interior). The owner shall submit the qualifications of the architect team to the City Manager prior to the design review process to ensure this condition is met. The City Manager must confirm compliance with this condition in writing prior to the commencement of the design review process. h. In accordance with the Riverfront Crossing Form -Based Code, any request for bonus height shall "demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood". The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 4th day of September 2018. City of Iowa City JA Throgmorton, Mayor Attest: 0 ppdadrrdagV7ex18-000014 = pentaaestgaMens81618.doc 3 Kellie Fruehling, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 0 This instrument was acknowledged before me ony , 2015 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public i nd for the StatLy of Iowa "cg (Stamp or Seal)Title (and Rank)2GI 100-500, L.L.C. Acknowledgment: State ofL County of This record was acknowledged before me on 8 / (Date) by Same, R.C��er 1� (Name(s) of indivi ualO as CD 1i;Vle (type of authority, such as member) of 100-500, L.L.C. and fd-the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdatlMagVre 18-000014 cis pentacrestgadens81618.d= 12 EAST COURT IOWA CITY, IOWA WEST BUILDING NARRATIVE G002W e� ...�,,, *�. 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A211 W P qT C TYPICAL FORECOURT ENTRY CANOPY Al FRONTAGE SECTION® N M FRONTAGE SECTION n S A3 FRONTAGE SECTION ®NE A� FRONTAGE SECTION ®SE AS TYPICAL ENTRY CANOPY AS TYPICAL ENTRY CANOPY Ij +i +i I 12 EAST COURT IOWA CITY, IOWA EAST BUILDING O O TT�E SHEET MD DNXXVING INDEX �_ r - I; I c I FOOTPRINTS FOOTPRINT NARRATIVE KEY G002E e� ...�,,, *�. 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ELEVWIp SYlY RENOERINGB NErvLAx A204E Di VRTH EL�ATION E"T BUILDING COURWARD cl SOUTH ELEVATION �ST BUILDING COURWARD Al TYPICAL COURTYARD PERSPECTIVE A3 TYPICAL COURTYARD ENTRY PERSPECTIVE r T D5 Co,RLICE oETXL E L PRELIMINARY E�;EEIOR EL ATIONEAND RENDERINGS ... 1iii� AS ENLARGED WINDOW ELEVATIONS A INDOW SPANDREL DETAIL TRIM DETAIL 85 WINDOW JAMB TRIM DETAIL J� L KEYPLAN A206E BUILOING SECTION EW NORTH Q EP T BUILDING BUILDING SECTION EW SOUTH (R EAST BUILDING iT �� Al FRONTAGE SECTION a N A3 FRONTAGE FRONTAGE SECTION 0 C6 N_ PICA- FORECOURTENTRY CANOPY T 4 A4 FRONTAGEFRONTAGE SECTION�W AS TYPIGLENTRV CANOPY A6 TYPICAL ENTRY CANOPY BUILDING A221E Ij +i +i I NEUMANN MONSON ARCHITECTS BIRDS -EYE RENDERINGS PR - 1 a EAST LOUR 11 OY9 OVO9naza NEUMANN MONSON ARCHITECTS STREET -VIEW RENDERINGS PR - 2 a EAST LOUR 11 OVO9naza i .4 6 �,r nrEST suiLoi�ic nriLi�Quacv<Ro 12 EAST COURT (FORMER PENTACREST GARDEN APARTMENTS) Enforceable Security Plan Resubmittal September 2019 Form Based Development Worksheet Item G.8.b.(1) — Page 19 Axiom r-ONSU LTANTS 60 E. COURT ST, IOWA CITY, IOWA 52240 1 319.519.6220 AXIOM PROJECT # 18-0003 AXIOMCONSULTANTS CIVIL - STRUCTURAL - MECHANICAL - ELECTRICAL - SURVEY - SPECIALTY TABLE OF CONTENTS: I. PURPOSE... 1 II. FACILITY PROFILE... 1 FLOORPLANS... 2 III. SECURITY SYSTEMS... 3 LIGHTING STRATEGY... 3 CCTV... 4 ACCESS CONTROLS... 4 ALARMS... 5 ON -SITE MANAGEMENT AND SECURITY... 5-6 IV. INFORMATION AND TECHNOLOGY SECURITY SAFEGUARDS... 6 PHYSICAL SECURITY... 6 DATA COMMUNICATIONS... 6 V. ROLES AND RESPONSIBILITIES... 6 BUILDING MANAGEMENT... 6-7 TENANT and STAFF... 7 VI. RISK MANAGEMENT STRATEGY AND SECURITY COUNTERMEASURES... 7 VII. EMERGENCY RESPONSE PROCEDURES... 8 VIII. MAINTENANCE, REPAIR, AND TESTING PROCEDURES... 9-10 IX. SPECIAL EVENTS... 10 PURPOSE This Enforceable Security Plan establishes a schematic Standard Operating Procedure (SOP) for building security controls, implementation of security monitoring, and management of the overall system. In addition to establishing the SOP, this revised plan is provided as part of the overall Design Review Documents requirements for the September 2019 resubmittal. It is the intent of document to detail how our plan meets the requirements as stated in the Form Based Development Worksheet - item G.8.b.(1) — page 19. Overall, we want to reserve the capability to evolve this system over the life of the project design so that it will better serve the residents who live here by maximizing available technologies and capabilities of available systems as they evolve. Smart phone technology will be key to the overall implementation of this plan and we plan to provide an agile, flexible, and trackable service. This will help eliminate unwanted access to the facility and better control over who has access and when, as well as giving them the ability to quickly report (and respond) to requests. Most importantly— we need the facility to remain functionally relevant for as long as possible and want to make the entire project as adaptable, safe, and usable for a variety of residents as much as we are able. While the intent of the facility is to be primarily students to start, we don't know that it will stay that way or how the facility will evolve over the life of the building. We intend for this building to have a 100-year lifespan. II. FACILITY PROFILE The 12 East Court Street (12EC) site, formerly known as Pentacrest Garden Apartments, is composed of a 3.4-acre lot with a proposed total building footprint in excess of one -million square feet. The site will have four (4) mixed -use buildings on it, that are connected North -to -South above the fifth floor at the primary step -back. An underground parking facility two levels deep sits underneath both the West and East set of buildings. All of the four buildings are fronted by forecourts that lead to the primary entry pointllobby of each building. All of the buildings except for the Northeast one have rear private courtyards as well. The overall site is split West -to -East by a central pedestrian concourse per the Master Plan. South Capitol street will run North -South through the site on a new 100'-0" city right-of-way that will be re -opened between Burlington and Court streets. All grade -level entry points are indicated in the diagram below The pedestrian and bicycle corridor between the structures (Capitol Street) —while not part of the building security plan, is also developed to provide maximum benefit and safety to those walking and bicycling the block. The design basis for this block will be similar to that of the new Washington Street streetscape in Page 1 1 !12 Iowa City between Clinton and Linn streets. Pedestrian refuges, pinch -downs, visual screening, and lighting improvements provide a corridor which is safely designed for residents both inside and outside. There are twenty-six (26) total at -grade building access points as well as eight (8) entry points below grade from the parking garage — 2 per level, per side. AIFIRSTLEVELFLOORPLPN O WEST SIDE 0 F AF PG Al FIRST LEVEL FLOOR PLAN fl EAST SIDE Overview of the ground floor entry -points demarcated. Page 1 2 AT -GRADE The primary access points to the buildings are located in each of the four (4) forecourts on the Capitol street side. These access points enter into vestibules and subsequently into lobbies for each building (5, 10, 17, 22.) The stairwells located near each lobby area include emergency egress doors which exit into the private courtyards which can then access the alleyways via secured one-way gates (4, 6, 9, 11, 23.) In the case of the NE tower, the egress door simply exits out onto the rear at -grade sidewalk on the East side of the building (19.) Commercial units and amenity areas are accessed at the multiple location points — some of these will be exit -only configurations (1, 2, 3, 7, 8, 13, 14, 15, 16, 18, 21, 24, 25, 26.) UNDERGROUND There are two garage access points located in public alleyways that lead to the underground parking structures. The West garage is accessed at the SW corner of the SW building (12) and the East garage is accessed near the East mid -point in the East alley (20.) The garage accesses will be double 10'-0" vehicle doors with an adjacent person -door. Within the garages there are secured access points into the North -most and South -most stairwells where building entrants can enter the building via the elevators or stairways. The NE stairwell and elevator will also access the proposed rooftop restaurant. III. SECURITY SYSTEMS 12EC will provide a robust security system to help establish safer and more secure living quarters and commercial spaces for all tenants. Our design team will accomplish this with a proactive rather than a reactive approach. Our design approach has been to create an environment that is tailored towards safety and an incredible living and learning environment. To accomplish this we have provided: • High quality lighting plans • Closed-circuit television systems • Intuitive, adaptable, and modern access controls • Adaptive alarm systems • 24-7 on site security and maintenance • Collaboration with University of Iowa and City personnel Lighting Strategy (DR300) Exterior lighting has been strategically placed to highlight the perimeter of the towers including building access points, private courtyards, forecourts, the primary pedestrian concourse, and even the rear public alleyways. The lighting plan will provide sufficient foot candles (FC) as required by the IECC and local codes - allowing for clear visibility throughout the site —without spilling beyond the perimeter into neighboring lots and streets. The exterior lights will be white -hue LEDs with an appropriate temperature Page 1 3 selection, that will operate via photocell activation (dawn -to -dusk.) These will act as a deterrent/security feature while providing adequate lighting for excellent video capture. Interior lighting will be arranged and designed with the same scrutiny as exterior lighting to create a well - lit, safe environment indoors. This will include common areas, shared hallways, lobbies, utility areas, amenity spaces, and underground parking facilities. These areas will provide 24/7 lighting to ensure proper monitoring via closed circuit television systems and keep areas of public traffic visible. Closed Circuit Television (CCTV) 12EC will be monitored 24/7 by CCTV cameras throughout the facility. This will include entry doors, vestibules, lobbies, amenity spaces, parking garages (360-degree 2MP), common hallways (180-degree 2MP)), forecourts, courtyards and controlled gate access points. Every exacq\Asion� ingress and egress point to the building will be covered by video (single -point 3MP cameras.) Public areas will also be monitored along the building frontage with 1800 cameras that are able to view the central concourse, forecourts, courtyards, and commercial frontages. At this time we intent to use the ExacgVision system, Z-series Hybrid & IP Network Video Recorders or something equivalent. Exacq provides a large -capacity storage recorder which works in tandem with cloud -based uploading to allow for users to view footage anywhere using proprietary viewing software. It also includes a mobile app to allow for easy monitoring and data retrieval. The feed will be a continuous loop which will be viewable at the main security office as well as at each security kiosk. Security staff on site will have full time access to the live -feed video and will be able to monitor the video feeds 24/7. The combination of our conscientiously designed floor plans and strategical placement of cameras will create a complete coverage of the site and building. Electronic Access Control Electronic access controls will be provided via proximity pads throughout the site. All exterior access points for residential areas will be provided with this entry system. Residential occupants throughout the facility will be able to access the building through the four primary vestibule locations in the forecourts. These locations will be locked and security -controlled 24-7 with only authorized residents having access privileges. The NE entry point will be a public entry point during normal operating hours as well as determined restaurant operating hours in the early evening. Outside of operating hours this location will be locked and secured in the same fashion as the other three forecourt locations. 1835/90 SERIES High Rise BuiNinRe/Many Usa E.pa ded Features f _ _ Page 1 4 The courtyard access points will be egress only and may not re-entered upon exit. Garage access points will be controlled via garage -door -openers, mobile apps, or access codes given only to residents and interior garage doors will be accessible via access panel the same as the forecourt entry points Access points will be accessible via electronic security panels controlled by key -fobs, reader cards, smart phones or both. Door King high-rise systems are a similar system that has been used in the past and could be utilized on this project although priority may be given to something that is more smart -phone integrated and discourages the possibility of memorizing codes, or giving access out to non-residents. Door King's (DK) 1835/90 Series High Rise Building Telephone Entry/Access Control System (shown in Figure 2) provides digital access control devices such as keycard and fob readers to provide multi-user access into common spaces. There will be door -prop alarms at all building locations outside of the NE primary location and commercial unit entries. This fob and mobile app access system will be implemented on all Parking Garage and Level 1 entry points as detailed above. Residents' guests wishing to enter the facility shall only be able to enter by receiving access from a resident who is in proximity of the building either from a local access point (panel/pad) or via a smartphone app. Individual residential units will also be access controlled with only that units residents being able to access it. Adjustments to units based on move-in/move-out, expired leases, etc... will be able to be quickly and efficiently controlled by the building management of 12EC. Tight controls will be maintained for accessory areas such as the wellness facility, pool, study areas, and skywalk. Access to these areas will be restricted. Alarms Commercial tenants shall be responsible for providing and maintaining their own alarm systems. Primary and secondary entry doors to all residential areas at and below grade shall have alarm systems on them in case of forced entry. This alarm system shall ring to the 24-7 primary office/desk location as well as security kiosks in each building. These systems will ring to security who will then make a final determination whether to escalate the call to the authorities. These entry points will also include an extended -open alarm to prevent stuck doors or instances where tenants prop open doors and inadvertently leave them unattended. These systems will be triggered to alarm internally to the help desks after an extended period so that building security can respond. Individual residential units shall not have alarms but may install them upon management approval. On -Site 24/7 Management and Security Personnel The primary security, management, and maintenance office will be located on Level 1 in the Northeast building. This location will be professionally managed and staffed 24-7. This location shall have primarily Page 1 5 surveillance, entry, and alarm access to all areas of the entire facility with remote access to all of the security/management kiosks inside of the other three buildings. All locations shall be able to communicate with one another via an intercom system. IV. INFORMATION & TECHNOLOGY SECURITY SAFEGUARDS Numerous security safeguards protecting information and technology systems will be present at 12 EC. Based on the type of occupancy, quantity of units, and scale of the building, the follow features are to be provided: Physical Security • All network server and IT equipment shall be in a locked and secured room. • All network server and IT rooms shall have fire extinguishers located within the room. • All network server and IT rooms shall have smoke detectors installed in room. • The network server and IT rooms shall operate on an uninterruptible power supply (UPS). • No food or beverages are to be allowed inside or around network server & IT rooms or enclosures. • When leaving and closing out secured areas, ensure all sensitive and confidential information is properly stored and not left in the open. Data Communications Security A firewall and security services shall be implemented for the communication between the 12EC public internet access and the general public and business patrons. Future innovations may allow for offsite integration of a number of these features. V. ROLES AND RESPONSIBILITIES Building Management Responsibilities The main responsibility of the Building Management is to implement the provided security systems, properly utilize and monitor CCTV cameras, provide maintenance and upkeep of security systems, maintain a safer space for occupants, report incidents to local authorities where applicable, and record video for all monitored locations. To exercise the full capabilities of the surveillance and security systems implemented, a central on -site management/security desk will be staffed 24/7 and equipped with monitors tied into the CCTV cameras, providing continuous loop for surveillance of the site as well as the previously described building areas. Fob and mobile access will be periodically checked and managed. Necessary firmware and software updates will be provided to ensure the system is fully functionable and reliable. To help create a safe environment for building occupants, the management and security desk will be available to tenants 24/7. Page 1 6 Appropriate personnel will be sufficiently trained to use the video system per the final plan and design once the building is completed. Security personnel on site will be trained to manage the building but staff will only be as good as a call to ICPD. On site security will not be armed or trained to respond to active threats but will respond as quickly as possible to those events with calls to ICPD and direction to personnel who arrive as well as assistance with access to the areas in question. Tenant and Staff Responsibilities All leased tenants shall be required by their lease -contract to act in a responsible fashion with regard to their fellow building residents. Tenants, both residential and commercial, are expected to not prop doors open to prevent unauthorized personnel form entering the building. Residents are also expected to not allow anyone into the building that is not a guest and does not have individual access. Building occupants will be expected to report any incidents involving criminal activity to the building security and management desk. Emergency situations that involve a potential threat to human safety should be reported immediately by residents to the ICPD prior to notifying building management and security. VI. RISK MANAGEMENT STRATEGY AND SECURITY COUNTERMEASURES The main goal of 12 EC's security plan is to provide a proactive approach to public safety to prevent criminal activity from occurring instead of simply reacting to incidents that may transpire. This is accomplished not only by trying to identify smart integration of modern security systems but also by way of smart design and integration. Our project includes a number of well designed and integrated features to achieve these goals: • Smart layouts of floorplans with good sight lines and lighting levels • A well -constituted exterior lighting plan providing high quality LED lighting to vital exterior areas as well as lesser considered areas like the heavily -trafficked public alleyways behind the buildings. • Residential unit access controls tailored to individual residents and easily altered/adjusted by management. • Residential unit door design with solid -core frames in a swing -out configuration so that doors to residential units would be very difficult to break into compared to more typical apartment design. • Integration with City and University personnel to allow for review of final design and security considerations in order to provide good dissemination of information and a provision of lessons learned. Page 1 7 VA 4L414*14�Ewa N:69101�N:1:J:101d4Dili N*` As part of this security plan, local emergency response personnel were contacted to determine expected emergency response times. While not every entity was able to provide such times due to too many unknown variables, a number of information pieces were provided. With 12EC's central downtown location, the site is located within minutes of nearly every available emergency service. Iowa City's Fire Department (ICFD) is within an estimated four -minute response area. Once on -site, the ICFD has access to all sides of the site via primary streets and alleyways. The closest fire station to 12EC is ICFD First Station 1 Headquarters which is located at 20 South Gilbert Street. ICPD is located at the same location as ICFD and can generally respond quickly to this location. While specific response times can not be given due to a variety of factors, expectations are for generally quick and responsive requests for assistance. In addition, this security plan will be reviewed and coordinated with ICPD prior to full acceptance and implementation. University of Iowa Campus Security services are also located close to site — only 1 block away — directly adjacent to the North. ICPD will be given access to video and security data for issues of safety directly related to the building that would cause direct harm to the occupants or the building. The Owner intends to work with the ICPD as necessary to maintain a safe and secure environment and allow ICPD access to reasonable amounts of information per their ongoing requests. In much the same way that the dormitories work with calls from RA staff (or general residents) to public safety to events/active threats — the intent at our building will be for security staff (or residents) to call ICPD to respond to these events quickly and effectively Emergency medical services (EMS) have reported to have a response time of under five -minutes in urban areas which include downtown Iowa City. To aid in the response procedure of EMS responses, personnel will have access to all sides of the site as well. The closet EMS service station is Johnson County Ambulance Services which is located on 808 South Dubuque Street. A University of Iowa Quick Care clinic is located only 2 blocks from the site on Clinton Street. Page 1 8 IOWA AVE w - Cn co cr) Z -J 7 Z WASHINGTON ST 0 o a O COL U B RLING ON ST COURT S H y L) HARRI ON ST Ln J � m ,o 2SI Z PR) TT o PRENTI S ST ; WRIGH --' RSI E _-- ---'-- - uaR° ® ° LAFAY TTE ST oRnaR�m y..... — — — — n • 0,mlir ARF `\ / \'y • . wua salon � BENTO ST 'I EMERGENCY SERVICES LOCATION MAP _ E STi F L II IOWA CITY, IA VIII. MAINTENANCE, REPAIR, AND TESTING PROCEDURES To ensure security systems are working as intended, periodic testing of systems and equipment will be performed. Staff or security will perform periodic walk-throughs of the site to ensure proper function of access points, gate latching systems, and camera mounts. When staff confirms doors are able to latch properly, they will then assess the electronic access control at each building entry to check that doors are locked when closed, that they respond to the access fob, and that the door unlocks appropriately. While checking entry points, 12EC's surveillance systems will be analyzed to verify no objects are obstructing the view of the cameras. Staff or security will also verify the cameras are capable of overseeing the entire area intended to be monitored by said device and adjust accordingly. If an item is rendered inoperable, it Page 1 9 shall be addressed in a reasonable amount of time. Broken equipment shall be noted and repaired as necessary. The type of system 12EC will implement will provide complete and ongoing feedback loops as to the functioning of the system. All camera function will be available in real time and malfunctioning or broken cameras will be able to be identified immediately. Owner intends to keep the system operational and functional with ongoing minute by minute capability to verify alarm operation, video operation, and failsafes to ensure systemwide functionality. This system is designed to maximize capability without draining WiFi. Ongoing maintenance logs are not as necessary with a live -response system like this but annual inspections and maintenance run-throughs will be performed on the system per the requirements and recommendations of the manufacturer. Freeman Lock and Alarm/ATEC, who will install and maintain this system for the Owner has confirmed this is the typical protocol for these newer systems and they will be in charge of maintaining them at all times. Tenants shall also be responsible for reporting any observed defects in security access systems that affect building access points and tenant dwelling spaces. In the event a tenant requires maintenance involving their unit's access control, the tenant shall submit an emergency maintenance request to building management to resolve the issue. The Owner would like to be adaptable to issues and would like to work with the City and ICPD to change building protocols as time goes on and processes and amended towards Iowa City's larger buildings. "How does this building compare to other buildings?" will be critical and the Owner would like to keep security protocols at similar levels. Annual checks of systems should be a part of the annual check of ALL systems (e.g. fire alarms) and part of the overall annual building permit process. IX. SPECIAL EVENTS The primary special event expected at the 12EC facility will be move-in/move-out events. These events will primarily take place in the late May/early June and early August timeframes and, to a lesser degree, in mid December. Because of the large amount of residential units, all move-in/move-out events will be coordinated with the City to facilitate any allowed street closures and to apply for the required permits. In addition, emergency personnel will be notified that such events will be taking place in order to coordinate as necessary. It may be necessary during these times to temporarily adjust the security systems described herein for short periods of time. An additional security person patrolling at periodic high volume times such as these would be a possibility if requested by ICPD. The Owner would like to work with ICPD to determine what these times will be and will address and reformulate these processes based on the future and final design of the building. Page I 10 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION NOVEMBER 7, 2019-7:OOPM— FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Max Parsons, Mark Signs MEMBERS ABSENT: Phoebe Martin, Billie Townsend STAFF PRESENT: Sara Hekteon, Anne Russett OTHERS PRESENT: Gina Landau RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of CZ19-03, an application submitted by Richard and Jane Kroeze for a rezoning of approximately 3.21 acres of property located in unincorporated Johnson County from County Agriculture (A) and County Residential (R) to County Residential (R-3). 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. CZ19-03: Applicant: Richard and Jane Kroeze Location: 4201 Nursery Lane SE An application submitted by Richard and Jane Kroeze for a rezoning of approximately 3.21 acres of property located in unincorporated Johnson County from County Agriculture (A) and County Residential (R) to County Residential (R-3). Russett began the staff report showing a location map of the area, it located off Sand Road and Nursery Lane. The current property has two different zoning designations and Russett showed the zoning map and pointed out there are three separate parcels, each of which have both an ag and residential zoning designation. This property is in the fringe area B outside of the City's growth area. Regarding background on this application, this is a proposed rezoning to single family residential for the 3.2 acres and the existing zones do not align with the current parcel boundaries. If approved, the applicant intends to perform a boundary line adjustment and sell the property. In terms of compliance with the County's Comprehensive Plan, the Future Land Use map identifies this area as appropriate for agriculture. And the same is true for the City/County Fringe Area Agreement where the land use policy in that document recommends agricultural uses are Planning and Zoning Commission December 5, 2019 Page 2 of 9 preferred. In summary the County Land Use Plan and the City/County Fringe Area Agreement both recommend agricultural uses in this area. However, Russett noted there are several other things going on this site. The existing development is located on two parcels in one lot each of which have two zoning designations so it is split zoned. The County policy is to have only one designation per parcel or lot. The proposed rezoning would clean up the existing zoning designations and have one zoning designation for the area. Furthermore, there's already a single-family home on the site, and the proposed zone would not allow any additional residential units. The role of the Commission is to provide a recommendation on this rezoning to City Council, and then that will be passed on to the Johnson County Planning and Zoning Commission and eventually to the Johnson County Board of Supervisors for their final decision. Staff is recommending approval of this rezoning, Russett mentioned is not directly consistent with policies in both the County's Comprehensive Plan and the Fringe Area Agreement, however, because of the various circumstances in this area, they are recommending approval. Again, because the subject area is already partly zoned for residential uses and contains an existing single family residential use, no further residential development would be allowed. The rezoning would create a single zoning classification for that area, which would allow for more efficient zoning regulation and implementation. Finally, the Johnson County Zoning Ordinance states an intent to eliminate instances of splits zoned lots and if this rezoning is approved, the applicant would seek a boundary line adjustment which would result in one zoning designation for the area. Signs asked if the resulting 3.21 acre parcel would only be zone to hold one house. Russett confirmed that was correct. Hensch noted this application looks pretty straightforward, even though it is in conflict with Fringe Area Agreement since this is just going to clean up the zoning on the parcel, that's the main reason staff support it. Russett acknowledged that was correct. Hensch noted this is immediately just adjacent south of Pleasant Valley golf course correct? Russett confirmed that was correct. Dyer asked if it would it be possible to tear that house down and replace it with another different house? Russett acknowledged that would be possible, but only one house could be built on the lot total. Hensch opened the public hearing. Gina Landau (MMS Consultants) didn't have much to add about this but did want to reiterate that this rezoning is solely to bring these parcels into compliance. The County doesn't allow split zoning. Landau is unsure of when this happened but whenever something happens with a parcel in the County now they like to try and bring it into compliance, so that is the goal of this rezoning. Once the mentioned boundary line adjustment takes place, so after this rezoning hopefully goes through, she believes the new 3.21 acre parcel has a purchase agreement with it. She has been told it's an organization that helps people trying to escape abusive relationships. The plan is to use the home for living quarters and the outbuildings for children and play areas. Landau acknowledged Dyer's question on if they could level the house and that would happen however that really is not the intention, there's already purchase agreement in place. Planning and Zoning Commission December 5, 2019 Page 3 of 9 Hensch asked if there is access to Nursery Lane SE to the on the north? Landau acknowledged there are two accesses, the southern most access will remain and there will be an access easement on Sand Road and there is an existing one on Nursery Lane as well. Both of those would be utilized, the Nursery Lane access is for the home and the one off of Sand Road will enable access to the outbuildings and to the adjacent farmland that is still being farmed. Parsons asked if the Kroeze family initiated this rezoning themselves or did they have any encouragement from the County to clean it up? Landau stated the Kroeze family initiated MMS to help get this parcel sold, but with all the zoning issues was kind of a mess. The initial intention was only for MMS to do the boundary line adjustment which would have enabled the selling but since all this stuff is going with the rezoning the County wanted that cleaned up first. So the first order of business is to clean up the rezoning to make all 3.21 the same zoning. Landau also noted even if this purchase of agreement falls through at least it's all zoned the same and in the future can be sold as one part. Hensch closed the public hearing. Parsons moved to recommend approval of CZ19-03, an application submitted by Richard and Jane Kroeze for a rezoning of approximately 3.21 acres of property located in unincorporated Johnson County from County Agriculture (A) and County Residential (R) to County Residential (R-3). Signs seconded the motion. Hensch noted it's likely the Commission will be seeing more of these types of applications in the future as cleanup of these splits zonings parcels surrounding Iowa City happen. Parsons acknowledged it seems a straightforward request. A vote was taken and the motion passed 5-0. SOUTH DISTRICT FORM -BASED CODE UPDATE: Russett wanted to provide an update to the Planning Commission where staff is with the development of a new form -based code for a portion of the South District. She will provide a little bit of background, an overview of the draft code, and discuss next steps and some stakeholder outreach that they've done so far. This is the same presentation she gave at the City Council work session on Tuesday. In terms of the project background, this project dates back to 2015 when the South District Plan was adopted, then in 2017 the City entered into a contract with Opticos Design to conduct the phase one study, which was really an assessment of whether or not implementing a form -based code in the South District was feasible. After Opticos completed the phase one study, they determined that a form -based code could work in this area and the City Council directed staff to continue to work with Opticos on formed based regulations for the South District. Russett noted looking at both the policies in the South District Plan and the results of the phase one study there were several things that were consistent in terms of land use policy between those two documents. The community wanted neighborhood centers with walkable amenities, they wanted Planning and Zoning Commission December 5, 2019 Page 4 of 9 to expand on established open spaces, they wanted a strong network of trails, they wanted a variety of housing options, including missing middle housing (those housing types that are between detached single family and larger scale multifamily), street connectivity and walkability as well as better predictability in the land development process. Russett stated those objectives align quite well with the project goals of the development of the new form -based code. Staff wants to implement the direction from that phase one study in the South District Plan. They want to create a walkable community, to preserve environmental resources, to have a highly interconnected network of streets and a variety of housing types with predictability. They want predictability in the land development process not just for developers, but for all community members and neighbors so they have a better understanding of what can be built next to them. Additionally they'd like to be able to apply these regulations to other green field areas in the city. Russett showed an area that was developed under a form -based code and prior to its development it was a green field, this is New Town St. Charles, Missouri, which is outside of St. Louis. By the way it was developed, there are green spaces and open spaces and a very connected grid network of streets and paths. She showed some street views to show what this type of development looks like from the street and these show the features that the City hopes to accomplish with the new form -based code. There are green spaces that are not only amenities for the community, but also a function of stormwater management. There's a diversity of housing types. There's a clear connection between the private realm and the front of the building and the connection to the sidewalk and the street in the public realm. Russett pointed out the blue house in the middle as an example of what they like to call house scale multifamily, it is a multifamily building but it fits within an existing single-family neighborhood context, there's probably six to eight units in that in that building there. Parsons noted some of these pictures remind him of the Peninsula neighborhood and asked if the goal is to achieve some of those characteristics with a new twist. Russett replied some of the goals of the Peninsula are similar to the goals down here. Russett stated Opticos has developed an initial draft of the code, just the text of the code, and that is available on the project website. Russett provided a high-level summary of what's included in that draft. First, the form -based code is based on the transect, the transect is a way to categorize environments, both natural environments and built environments. An example is on the left there is the natural transect stone, which is open space preservation all the way up to the right, which is the T-6 transect, which is the urban core. Russett showed some images that of the variation between T-1, the natural transect, all the way to the urban core and Iowa City has all of these depending on where you're at in the City. There are natural areas, an urban core and everything in between. However, in the South District, there are three of these transects, the natural transect, T-3 which is the sub urban and T-4 which is the general urban. So the initial draft of the code proposes six zoning districts, one is the natural district and then there's two T-3 districts and three T-4 districts. Russett reiterated the T-1 is a natural zone with no development, it open space and nature. The T-3 neighborhood edge zone is probably the lowest intensity zone, the zone would allow two stories maximum with an occupied attic. Russett showed an image that these buildings are set back a bit further from the street, there's more front yard space, but there are three different housing types that would be allowed in this zone, single family detached house, a duplex and a Planning and Zoning Commission December 5, 2019 Page 5 of 9 cottage court. In the next T-3 zone it is a little bit more intense, but it's still only two stories maximum with an occupied attic. The buildings are a little bit closer to the street and maybe a little bit closer together. Additionally there's more housing types that would be allowed in this zone, the multiplex small and the townhouse small would be allowed in this the zoning district. Moving on to the T-4 zoning districts, the first is T-4 which is neighborhood small. This district will allow moderate intensity housing options but they are still primarily house scale multifamily. So the maximum height would be two stories with an occupied attic. Next is the T-4 neighborhood medium which allows for a little bit taller buildings that are three stories with an occupied attic. The buildings would be a little bit larger but still considered house scaled multifamily and the housing types allowed would be the multiplex large in the courtyard building. Baker noted looking at this image the first thing that strikes him is where's the parking? Russett stated typically it's in the back, there are onsite parking requirements but maybe it's not well reflected in the images. Signs asked about the occupied attic, if it can be occupied then it would be two and a half stories. Russett confirmed. Lastly Russett explained the T-4 main street zone, which can be thought of as the neighborhood commercial zone. This will probably be used pretty sparingly within the South District, but this unlike the other zoning district, which allow house scale multifamily and house scale buildings, this district would allow block scale buildings and allow three stories with an occupied attic. Moving on to uses, form -based codes do regulate uses, so there would be a section of the code that outlines what land uses are allowed in which zones and how they how they would be allowed. The code also has draft thoroughfare standards, this would be the types of street network, roadway width and sidewalk width and the types of bicycle facilities that would be allowed on different thoroughfares. The draft includes eight different thoroughfare types, and staff is currently reviewing those with the public works department. It also includes civic space standards and outlines seven different options for different types of civic space. Russett stated the code will also include frontage standards, which will outline frontage options on how the building interacts with and is connected to the public right-of-way or the public realm. In terms of the frontage standards there are 11 different types of frontages that would be allowed on various building types throughout the district. Lastly are the building types, Russett has already mentioned some of the building types when she went through those zoning districts, they can be thought of as the various housing types that would be allowed, but they wouldn't always be residential uses some could be nonresidential uses. In addition to the text of the code, there will be a regulating plan, which is still being developed. The regulating plan will be very similar to a zoning map but it will have some additional information so it will identify the various zoning districts throughout the planning area. It will identify areas for civic and open spaces, it will have identified neighborhood centers, and it will have a thoroughfare and street and block network within it. Staff is exploring developing a regulating plan option that would rezone this area and are hoping that when the regulating plan is adopted these new zoning districts would be applied in this area as part of that which goes back Planning and Zoning Commission December 5, 2019 Page 6 of 9 to some of the goals of a predictable process. Staff wants to get to a point where everyone can get behind the standards that are in this code and will allow developers to move forward with a subdivision and the site plan stage and not have to move forward with the rezoning. Signs asked Russett to clarify the rezoning part. Russett stated she brings it up because it's a little bit different than how it was approached in Riverfront Crossings. That form -based code was adopted and there were a handful of parcels that were rezoned as part of that code update, but for the most part, Riverfront Crossings was not rezone to the new zoning district. Therefore what they would like to do here in the South District is actually rezone the land as part of this process. Hekteon stated that part of the challenge with the Riverfront Crossings context is it's not green field and therefore sometimes conditions are necessary as certain public needs are created by that rezoning and the only real authority the City has is to impose those conditions is through the rezoning process. With a green field kind of situation, it can be set up ahead of time and there's not the need to correct historical or changes of circumstances for things such as the street pattern or needs for utilities or the need to be accommodating to adjacent uses. The need to retain that power to impose conditions is mitigated in a green field context. Russett added that even though they didn't do it in Riverfront Crossings for the reasons Hekteon explained, it's pretty common with form -based code to do the rezoning as the text amendment to the code and the map amendment. Russett wanted to mention a little bit on stakeholder outreach. The development of the code started earlier this year and in April they had stakeholder interviews and meetings with several different groups of people from architects, developers, community members, Chamber of Commerce, realtors, housing advocates, several different groups. In July of 2019, staff presented a residential market analysis to larger landowners and developers in this area. In addition to developing the code, part of the scope of work was doing a housing market study to determine whether or not there is a demand for missing middle housing types. The results of that market analysis was presented and is also available online. To summarize the report very, very briefly, that results showed that there is a market for missing middle housing types in this area. There's additional information in that study regarding price points for different housing types for sale and rental and absorption rates. Russett stated last month they released the initial draft of the form -based code and had Opticos in town to present the draft at two separate meetings. One meeting was with developers and larger landowners and the second was with community residents. They have requested feedback on that the draft by mid -December, and then in January 2020, they will release the regulating plan draft options and plan to have more meetings with stakeholders to discuss the map. In terms of timeline and next steps right now they are in the middle of reviewing the initial draft code and as the community is reviewing it staff is also reviewing it and will be providing feedback to Opticos. In January, the draft regulating plan options will be made available. Staff will also compile all of the comments that they receive on the draft, both on the regulating plan and the text of the code and send that back to Opticos. Opticos will then prepare a revised draft that will also be vetted, it will be looked at it internally and also at meetings with the community and send back more comments to Opticos. Finally, hopefully in spring of next year, they will have an adoption draft that they will be ready to take forward to the Commission into the City Council. Planning and Zoning Commission December 5, 2019 Page 7 of 9 Parson asked to be reminded when the Commission had the joint meeting with Opticos with the Council when they were here one time. Russett asked if that was on the Riverfront Crossings form -based code. Dyer said it was both, it was sort of their preliminary of this and also Riverfront Crossings. Russet thought that was probably April or July. Hensch stated they were here even before that as he was interviewed about the near North Side a couple years ago. Russett stated that was also part of the phase one study it included the North Side. Signs thinks this all happened just before Opticos came out with the residential market analysis, they gave us just a hint at what was coming but they hadn't really released a plan yet. CONSIDERATION OF MEETING MINUTES: NOVEMBER 7, 2019 Signs moved to approve the meeting minutes of November 7, 2019. Dyerseconded. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett noted a few weeks ago the Commission reviewed a text amendment to the Code regarding the affordable housing requirement in Riverfront Crossings to ensure that any Low - Income Housing Tax Credit projects could also be counted towards that requirement. That was adopted by Council on Tuesday. Hensch asked regarding development on Prentiss Street has Council approved it. Russett said it is approved however they have not resolved the height issue yet and staff has not received any design or application for design review. Hekteon noted the rezoning application from last meeting down off Lehman and Soccer Road, the applicant requested indefinite deferral at the Council level. Baker asked what is the status of the Pentacrest development? Russett stated staff is reviewing those plans right now at the design review committee. It will probably be coming before the Commission soon because there was a condition in that rezoning that the Commission has to review the elevations. Hensch asked who all constitutes the Design Review Commission committee? Russett stated it is herself, our senior building inspector Tim Hennes and the Development Services Coordinator, Danielle Stitzman. Baker had a question last meeting about electronic amplification of music on outdoor areas and staff was going to check on that. This was especially in terms of the Kum & Go and whether or not this could be an issue raised at the Board of Adjustment. Hekteon stated the City Attorney's office looked into that and they think there's a criteria that sort of generally says it will not be injurious to the property values of the adjacent neighborhood, so that would be about the only place that that would fit. However, in this particular situation the office felt like that would not be a reasonable condition for staff to recommend to the Board of Adjustment. Planning and Zoning Commission December 5, 2019 Page 8 of 9 Baker understands that and seriously would like for the Commission to consider a Code revision that just simply prohibits the outdoor amplification of music everywhere so this is not even a question anymore, not something to be settled the Board of Adjustment or negotiated here, that there's just no reason that any business should be allowed to broadcast in an outdoor area amplified electronic music. He feels it would be a simple Code revision if there is interest in it. He feels it is beyond an irritation, it is pollution. Baker wants to know if there's some interest on part of the Commission to at least have staff see what it would take to revise the Code to just make this not an option. Parsons asked it Baker is asking for no outdoor music whatsoever. Baker stated live music performances would not be affected by something like this, he is talking about the constant drone that some businesses have, like the Kum & Go, with outdoor amplified noise. Parsons asked what about a restaurant patio during a summer day and they're just they're having outdoor music. Baker would ban that, Parsons said he would not want to. Hensch stated the Commission discussed this in depth about the amplified music on Joe's place several years ago for the rooftop garden and he thought that was a pretty good compromise solution. So if that comes up again, he feels they can just handle it that way. Hekteon stated it might be different contexts and different approval criteria for a rooftop patio and set a different standard for sound and not an outright prohibition, but with conditions and limitations and restrictions. Baker sees the difference between an outdoor patio and restaurant versus the overhang of an outdoor HyVee or Kum & Go or something like that. Signs feels it would be hard to draw that line. Parsons agrees and says it comes across as singling out a certain business or sector and not encompassing everybody. Hensch thinks it is an extremely complex issue, this is an urban area, there's a lot of noise. It's a collegiate town with a lot of music and a lot of application things so this will take a lot of discussion. Baker said it is the distinction between music as part of the establishment itself versus just background noise. Signs disagreed because at an outdoor patio it's background noise. ADJOURNMENT: Parsons moved to adjourn. Signs seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 1/17 (W.S.) 214 2121 3/7 3121 414 4/18 5/16 616 6120 7118 8115 9/5 1013 10117 11/7 BAKER, LARRY X X X X X X X O/E X X X X X O/E X X DYER, CAROLYN O/E X X X X X X O/E X X X X X O/E X X FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X X O/E X X X X X X MARTIN, PHOEBE X O/E X X X O/E X X X X O/E O/E 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 X X O/E X X X X O/E X X X X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X X X X X X X X X 12/5 BAKER, LARRY X DYER,CAROLYN X HENSCH, MIKE X MARTIN, PHOEBE O/E PARSONS, MAX X SIGNS, MARK X TOWNSEND, BILLIE O/E KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member