HomeMy WebLinkAboutPZ Agenda Packet 03.02.2022
PLANNING AND ZONING COMMISSION
Wednesday, March 2, 2022
Formal Meeting – 6:00 PM
Emma Harvat 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 No. VAC21-0001
Location: 829 Kirkwood Avenue
An application for a vacation of public right-of-way.
5. Consideration of a Memo to the City Manager regarding State Legislation
6. Presentation on Approved Rezoning and Subdivision Applications
7. Consideration of Meeting Minutes: February 16, 2022
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: March 16 / April 6 / April 20
Informal: Scheduled as needed.
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Anne Russett, Senior Planner
Item: VAC21-0001 Date: February 16, 2022
829 Kirkwood Ave
GENERAL INFORMATION:
Applicant: Martin Construction
1824 G Street
Iowa City, IA 52240
319-248-0561
martinconstruction@live.com
Property Owner: Ritu Jain
rjtextiles@gmail.com
Requested Action: Vacation of the public right-of-
way adjacent to Keokuk St.
Purpose: To accommodate construction of a garage
at 829 Kirkwood Ave.
Location: Right-of-way adjacent to 829 Kirkwood Ave.
Parcel #1015403002.
Location Map:
Size: Approximately 3,000 square feet
Existing Land Use and Zoning: Vacant; OHD RS-8, Medium Density Single
Family Residential with a Historic District
Overlay
Surrounding Land Use and Zoning: North: RS-8, Medium Density Single Family
South: RS-8, Medium Density Single Family
East: RS-8, Medium Density Single Family
West: RS-8, Medium Density Single Family
File Date: March 29, 2021
45-Day Limitation: NA
BACKGROUND INFORMATION:
Martin Construction submitted an application on behalf of the property owner to vacate
approximately 3,000 square feet of right-of-way located adjacent to 829 Kirkwood Avenue. If
granted, the vacation would allow for a contiguous lot at 829 Kirkwood Avenue. The property
owner is interested in building a garage behind the home, which currently is not possible due to
the location of the public right-of-way. The right-of-way was platted as an alley in the Lucas
Addition, but an alley was never built. An application to vacate the subject right-of-way was
recommended for approval by the Planning and Zoning Commission on April 17, 2008 but was
deferred indefinitely by the applicant before City Council approval was granted.
ANALYSIS:
The following factors are to be considered in evaluating a vacation request:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property;
f) Any other relevant factors pertaining to the specific requested vacation.
a) Vehicular and pedestrian circulation and access to private property:
The right-of-way is not improved and not used for vehicular or pedestrian circulation or access to
any property. Vacation of the subject right-of-way will not affect vehicular or pedestrian circulation
in any way.
b) Emergency and utility and service access:
The right-of-way is not accessed by emergency or utility vehicles.
c) Impact on access of adjacent private properties:
Since an alley was never built in the subject right-of-way, there is no impact on access of adjacent
private properties. A north-south alley between Kirkwood Avenue and Florence Street provides
access to all adjacent private properties.
d) Desirability of right of way for access or circulation needs:
Staff has determined that there is no need to maintain the right-of-way for access or circulation
needs.
e) Location of utilities and other easements or restrictions on the property:
The right-of-way does not contain any City utilities. Private utilities have been contacted and asked
to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be
granted for any utilities that may exist, or alternatively, the utilities will need to be relocated.
f) Any other relevant factors pertaining to the specific requested vacation:
Staff does not believe there are any other relevant factors pertaining to the specific requested
vacation.
NEXT STEPS:
Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be
reviewed by the City Council. The City Council will discuss the both the proposed vacation and
the conveyance of this land.
STAFF RECOMMENDATION:
Staff recommends the approval of VAC21-0001 a vacation of the public right-of-way adjacent to
829 Kirkwood Ave, subject to the retention of any necessary utility easements.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Aerial Map
Approved by: ______________________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
KIRKWOOD AVES LUCAS STKEOKUK STMARCY STRS5
P2
RS8
VAC21-0001829 Kirkwood Ave.µ
0 0.01 0.020.005 Miles Prepared By: Joshua EngelbrechtDate Prepared: April 2021
An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829Kirkwood Ave.
Overlay Zones
Overlay Description
Historic District (OHD)
KIRKWOOD AVES LUCAS STKEOKUK STMARCY STVAC21-0001829 Kirkwood Ave.µ
0 0.01 0.020.005 Miles Prepared By: Joshua EngelbrechtDate Prepared: April 2021
An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829Kirkwood Ave.
To: Geoff Fruin, City Manager
From: City of Iowa City Planning and Zoning Commission
Date: March 2, 2022
Re: House Study Bill 682 and Senate Study Bill 3132
The City of Iowa City Planning and Zoning Commission is writing to express our concern and
opposition to Division I of the Governor’s Workforce Housing Bill (House Study Bill 682) (Senate
Study Bill 3132). Division I states that ““A (city) (county) shall not enforce an ordinance adopted
under this section if four-fifths of the lots in the land area covered by the ordinance do not
conform with the ordinance.” This portion of the bill, if adopted, could invalidate the City’s zoning
ordinance. As Commissioners, we know that there are many factors that can make a lot
nonconforming to the zoning ordinance, and with the very broad and vague language used
here, we are concerned that large areas of Iowa City may no longer be subject to reasonable
land use regulation.
As Commissioners, we understand the importance of zoning in ensuring Iowa City continues to
be a livable community with productive commercial and industrial areas. We also recognize the
importance of providing quality and affordable housing to meet the needs of all Iowa City
residents. We are committed to working to address housing needs through consideration of
zoning reforms; however, Division 1 of the bill makes it difficult to promote livable
neighborhoods if zoning powers are invalidated.
In closing, we are writing to make the City Council aware of our concern. We hope that City staff
continues to work closely with its lobbyist and collaboratively with professional associations
throughout this legislation session to oppose legislation that impacts the City’s ability to adopt
and enforce reasonable zoning regulations.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
FEBRUARY 16, 2022 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Mark Nolte, Maria
Padron, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Anne Russett, Parker Walsh
OTHERS PRESENT: Brian Boelk
RECOMMENDATIONS TO COUNCIL:
By a vote of 7-0 the Commission recommends approval of SUB21-0013, an application
submitted by Nelson Development LLC for a preliminary plat of the Hickory Trail Estates
subdivision, a 1-lot and 1-outlot, 48.75-acre subdivision located west of North 1st Avenue and
south of North Scott Boulevard.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. SUB21-0013:
Location: South of N. Scott Blvd and West of N. 1st Avenue
An application for a preliminary plat of Hickory Trail Estates, a 48.75-acre subdivision with one
residential lot and one outlet to be dedicated to the City for public open space.
Walsh began the staff report showing an aerial of the property for the proposed development as
well as the zoning map reflecting the rezoning to OPD/RS-5. Walsh noted recent approvals on
this property included the rezoning to low density single family residential, with the plan
development overlay, as well as the preliminary OPD sensitive areas development plan. The
rezoning conditions included the required submission of a landscape plan, and additional
requirements include the construction of a trail connection to an existing trail south of the
property, as well as construction of an eight-foot-wide sidewalk extending from the eastern
property line to North First Avenue. Walsh acknowledged the preliminary plat shows lot one, the
proposed development site for Hickory Trail Estates, a senior living facility, as well as outlot A,
the proposed 38.98 acres of dedicated land to the City. Looking closer at lot one Walsh pointed
out the proposed trail system connecting to the existing trail as well as the sidewalk extending
from the property line to North First Avenue and 0.92 acres of dedicated right-of-way. Walsh
Planning and Zoning Commission
February 16, 2022
Page 2 of 7
noted the Subdivision Code does discourage cul-de-sacs but due to outlot A being dedicated in
its entirety, the portion of land where a through street access would be allowed has been
removed. He noted this design is also consistent with what was approved during the rezoning
process and in the preliminary OPD plan. Reviewing outlot A, it contains most of the sensitive
features on the property and as proposed will remain unimpacted as all 38.98 acres will be
dedicated to the City as neighborhood open space and in the future will be rezoned to
neighborhood public zone as an addition to Hickory Hill Park.
The Comprehensive Plan allows for two to eight dwelling units per acre, as well as on the
northern section of the property eight to 16 dwelling units per acre but this is not applicable
because the senior living facility bedrooms don't meet the dwelling unit definition and therefore
will not be calculated into the density of the site. The Comprehensive Plan also encourages
preservation of sensitive areas, guiding development away from sensitive areas, conservation
design in areas with sensitive features and interconnected systems of open space with wide
sidewalks and trails. Walsh showed images of the Northeast District noting the vision for what
the District Plan had laid out was single family residential, small apartment buildings,
neighborhood commercial, and also encourages cul-de-sacs when appropriate. He also showed
images and noted the approved sensitive areas development plan starting with wetlands and
stream corridors. There are two wetlands with 100-foot buffers located on outlot A and two
streams each with a 50-foot stream corridor buffer to each side of the stream and the proposed
construction limits do not show any impact to these features. The next sensitive feature is slopes
coming in at 0.49 acres or 7% of all critical slopes proposed to be impacted. All protected slopes
are located on outlot A and will be unimpacted. Lastly, are the woodlands and approximately 4.8
acres or 16% proposed to be impacted, leaving approximately 81% of woodlands as preserved
which is well above the 50% requirement.
Stormwater Management for the subject property will be provided via an existing downstream
detention basin in Hickory Hill Park. Public Works staff has reviewed and approved the
preliminary stormwater management plans.
The role of the Commission would be to determine if this preliminary plat complies with the
subdivision regulations and other applicable Code as well as if it complies with the
Comprehensive Plan.
Staff recommends approval of SUB21-0013, an application submitted by Nelson Development
LLC for a preliminary plat of the Hickory Trail Estates subdivision, a 1-lot and 1-outlot, 48.75-acre
subdivision located west of North 1st Avenue and south of North Scott Boulevard.
If approved, the final plat approval of Hickory Trail Estates Subdivision via City Council would
need to be done as well as the final sensitive areas development plan and site plan via staff
review and building permits via staff review.
Nolte asked if the lot where the Nelson building is going to be built is going to be residential or
commercial. Walsh confirmed it will be for the senior living facility only, no commercial.
Hensch opened the public hearing.
Planning and Zoning Commission
February 16, 2022
Page 3 of 7
Brian Boelk (Axiom Consultants) noted Walsh did a great job explaining the subdivision and he
also believes the Commission is probably fairly familiar with this area through the process it's
taken.
Townsend asked Boelk to talk a little bit about traffic as that was a concern in previous
discussions. Looking at the amount of parking that's there, it looks like it's more visitor parking
then resident parking. Also, she got the impression in one of the earlier presentations that most
of the residents there would not be expected to have vehicles. Boelk confirmed that is correct.
The site plan shows 89 parking stalls, which matches exactly with what the requirement is by
Code. The building will contain assisted living, that is the north wing, with 68 beds of standard
assisted living, which is a kitchenette in the unit, and then there's 34 units of what they call
premier assisted living, which has a full kitchen in those. In the middle of the building is the
commons area. Finally, on the south wing is the memory care are with 32 units. The parking also
includes staff parking.
Nolte asked when they plan to start construction. Boelk replied as of right now the intent is to
start the site work in July. Right now they're going through a design review process with the
architect and had a good meeting last week with City staff as well. Nelson did have it as part of
their purchase agreement to provide to the seller the site plan and final plat prior to taking it to
the City so it's in their hands right now and they have a 15-day due diligence review on that.
Assuming everything goes through there, they’d be looking to submit the site plan and the full
design review with architectural plans from there. He believes closing would be in June and then
start construction in July.
Martin asked because this is in the development review stage, can the height change. Russett
confirmed as Boelk mentioned, the project still needs to go through design review and site plan
review so there may be some minor changes for Code compliance, but the height will not
change.
Padron asked again about the trail to Hickory Hill Trail. Bpelk confirmed and showed on the map
where the trail would be.
Hensch closed the public hearing.
Townsend moved to recommend approval of SUB21-0013, an application submitted by
Nelson Development LLC for a preliminary plat of the Hickory Trail Estates subdivision, a
1-lot and 1-outlot, 48.75-acre subdivision located west of North 1st Avenue and south of
North Scott Boulevard.
Nolte seconded the motion.
Hensch noted he is very happy this is going through and thinks this senior housing is a positive
addition.
A vote was taken and the motion passed 7-0.
Planning and Zoning Commission
February 16, 2022
Page 4 of 7
CONSIDERATION OF MEETING MINUTES: FEBRUARY 2, 2022:
Signs moved to approve the meeting minutes of February 2, 2022.
Townsend seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett gave a few updates from the City Council Meeting. City Council approved the rezoning
at 421 East Market Street to mixed use designation. They also approved the preliminary plat for
the IWV/Slothower Road plat and the good neighbor policy. Staff will be updating some
application guides with the new policy and getting that on the website soon.
Russett also received an inquiry from Commissioner Signs about some recent legislation that's
being proposed at the State level and wanted to say that the American Planning Association
(APA) Iowa Chapter has been monitoring legislation very closely and they also have a lobbyist
and they have been testifying at hearings. It is House Study Bill 632 and Senate Study Bill 3132
and it would be an amendment to the zoning section of the State Code to say a city shall not
enforce an ordinance adopted under this section if four fifths of the lots in the land area covered
by the ordinance do not conform with the ordinance. Russett noted it's very vague and
depending on how its interpreted it could invalidate some of the City's zoning ordinance
depending on how it's applied. So the APA Iowa has been opposing this and has been testifying
and submitting letters, as have planners throughout the State. It's been passing through
committees and her understanding is that it might not pass as is, but it might be tweaked. They
have to have it out of committee by Friday to proceed.
Nolte asked who's driving this and what's the rationale. Russett believes this came from the
Governor's office and it is an attempt at deregulation to maybe spur additional development in
terms of COVID recovery. She noted it is very confusing and if this gets passed, they’re going to
have to have lots of conversations with the City attorney's office on how to move forward.
Hensch stated if this makes it through the first funnel, then he certainly would ask that as a
Commission they make a recommendation on this and maybe draft a letter.
Nolte agreed and would support that 100%, things that come from Iowa City get a lot of attention.
Hensch noted this based on some of the resistance they have seen on applications here, could
they imagine if they had zero control what their neighbors did to a building. Also, he noted if it
doesn’t make it thought the committee funnel by Friday, it's dead for the session but asked that
staff keep the Commission posted because he would really like to put it on the agenda to take a
stand.
Planning and Zoning Commission
February 16, 2022
Page 5 of 7
Craig asked would it take a motion to just direct the chair to work with the staff and the City
attorney to write a letter not in favor or opposed to this measure if it moves forward. Hensch
noted they could certainly draft a letter and at the next meeting the Commission could approve
the letter.
Signs noted the subdivision plat review item tonight reminded him of something they talked about
a long time ago with one of the one of the things they ran into with this particular property was
the differences between the Neighborhood Plan and the Comprehensive Plan and the
Neighborhood Plan being quite old and the Comprehensive Plan being newer. The Commission
talked about a motion or recommendation to Council that they look for a way to speed up the
neighborhood planning and revision process and dedicate additional staff time and resources to
getting that done. He wondered if there was any interest in having that conversation, he
personally is interested in having that conversation but will leave it up to the to the will of the
Commission.
Hensch asked first if there any way they could just find out for the different district plans, how old
they are and which ones have a plan and doesn't have a plan.
Russett noted she is actually in the process of drafting a memo to the City Manager that will get
forwarded to Council related to the planning teams work plan and priorities mainly related to
comprehensive planning and zoning code text amendments and the like. When that's finished,
she can share it with the Commission. There are many things that staff feels like they can do in a
shorter timeframe related to some Code Amendments related to housing and climate change, as
well as some updates to plans for greenfield sites similar to what they did for the South District
and that’s priority in the short term. However, in the long term they’d really like to overhaul the
Comprehensive Plan and reevaluate not just the Comprehensive Plan but the district plans as
part of that.
Craig noted an article in the Gazette about Council discussing interacting in a different way with
people who speak at Council meetings. This Commission follows the way they've done it in the
past, which is people make comments and can ask questions, but the Commission doesn’t
engage them in conversation during that period. If Council is moving toward making a change
does that mean this Commission would have to make that change too.
Hekteon noted Council has different agendas, they have a public comment period and they’re
adopting new rules for decorum at the meetings. As far as inviting conversation back and forth,
this Commission follows the Robert's Rules of Order and will continue to use that to govern
unless the Commission wants to change their bylaws. Her advice would be to continue as is as it
creates a more orderly meeting.
Craig noted however there was a gentleman who was here at the last meeting, who was
interested in something totally not on the agenda and he made his comment and asked
questions, but the Commission didn't take time trying to answer his questions, mostly because
they were not prepared to have a conversation about that night.
Hekteon noted at the Council level they are going to be considering a resolution to adopt rules
about what to do when people aren't following the rules.
Planning and Zoning Commission
February 16, 2022
Page 6 of 7
Hensch feels like they've been very lucky, even if people have been very passionate about an
item, most people have observed decorum and decency. He thinks it doesn't hurt, though, to
maybe adopt some rules for if that ceases to happen, because public behavior has been
escalating, and there's no reason to think they're going to be exempt from that. Maybe they
should have something in place so that if they do have somebody who's just merely trying to
disrupt, they have a mechanism to continue our business.
Townsend noted the chair and the vice chair have done a good job of keeping the meetings
under control. Hensch really appreciates that but does want to be realistic something might
happen.
Townsend asked if they can have an update on items that have gone through Council and
received approval but nothing has happened. Russett acknowledged she can provide an update
at the next meeting.
ADJOURNMENT:
Martin moved to adjourn.
Townsend seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2021-2022
7/1 7/15 8/5 8/19 9/2 9/16 10/7 10/21 11/4 1/5 2/2 2/16
CRAIG, SUSAN X X O/E X X X X X X X X X
HENSCH, MIKE X X O/E X X X X X X X X X
MARTIN, PHOEBE X O/E O/E O/E X O/E X O/E X X O/E X
NOLTE, MARK X X X O/E X O/E O/E X X O O X
PADRON, MARIA X X X X X X X O/E X O/E X X
SIGNS, MARK X X X X X X X X X X X X
TOWNSEND, BILLIE X X X X X X X X X X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member