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HomeMy WebLinkAboutPZ Agenda Packet 09.04.2024PLANNING AND ZONING COMMISSION Wednesday, September 4, 2024 Formal Meeting – 6:00 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 No. REZ24-0006 Consideration of an amendment to Title 14, entitled "Zoning Code”, to address tobacco sales oriented uses. 5. Consideration of meeting minutes: June 26, 2024 6. Planning and Zoning Information 7. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or arussett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: September 18 / October 2 / October 16 Informal: Scheduled as needed. ATTACHMENT 1 Draft Zoning Code Text MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JUNE 26, 2024 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Mike Hensch, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maggie Elliott STAFF PRESENT: Sara Hektoen, Anne Russett OTHERS PRESENT: Lacey Stutzman, Matt Kain, Brock Heller RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single- Family Residential (ID-RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8’ wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8’ sidewalk, which is the additional 3’ beyond the standard 5’ sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. By a vote of 5-0 the Commission recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P-1) zone. 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. REZ24-0004 Location: 1215 Camp Cardinal Rd. An application for a rezoning of approximately 5.01 acres of land from Interim Development Single Family Residential (ID-RS) zone to Low-Density Single-Family Residential (RS-5) zone. Russett began the staff report showing an aerial of the property noting it's about five acres in size. Next, she showed the zoning map and pointed out the land to the north and to the west is in Planning and Zoning Commission June 26, 2024 Page 2 of 10 the city of Coralville. To the north it's an open space area, to the west is Borlaug Elementary and to the east it's the city of Iowa City. The land developed are properties that are single family homes zoned RS-5 with a Planned Development Overlay. In terms of background, this property was subdivided in 1984 as the Clear Creek Subdivision. Then in 1989 it was rezoned to Interim Development Single Family (the current zoning designation) from Interim Development Office and Research Park. The staff report at that time noted the area was more appropriate for residential uses rather than future office and research park uses. At this time, the owner seeks a rezoning to RS-5, which is the low-density single family residential zone. Based on staff’s conversations with the applicant and their representative, they have indicated that they would like to build one additional home on the property, therefore require a rezoning. Russett explained if more than one additional home were proposed they would need to go through the subdivision process and that would come back to the Planning and Zoning Commission. Russett shared a few photographs of the property noting there is one existing home with a garage. She showed another image of the house and view from the northwest noting the woodland and sloped areas and ravine. In terms of the current zoning designation, the Interim Development Single Family is a zone used to provide areas of managed growth. Plant-based agriculture is a permitted land use in this zone and is oftentimes seen at the edges of the community in areas that haven't been developed yet and still continued to be farmed. Interim Development Single Family does allow detached single- family dwellings, but it requires a minimum of five acres. Since this site is five acres in size, and there's already existing home, the current zoning designation wouldn't allow an additional home on the property. Therefore, the proposal is to rezone it to RS-5 because that zoning designation does allow detached single-family homes with a minimum lot size of 6000 square feet. In terms of the general development approval criteria, staff looks at consistency with the Comprehensive Plan and compatibility with the existing neighborhood character. The Future Land Use Map of the Comprehensive Plan identifies this area as appropriate for residential land uses at a density of two to eight dwelling units per acre. There are also policies in the Comprehensive Plan that talk about ensuring infill development is compatible and complementary to the surrounding neighborhood as well as the policies that support infill development. In terms of compatibility with the existing neighborhood, to the east and south are existing single-family neighborhoods, Borlaug Elementary School is directly to the west of the property but further west there's more single family. As mentioned earlier to the north is the Rotary Camp Park which is maintained by the city of Coralville. In terms of transportation, access, and utilities, Russett explained the property does have access off of Camp Cardinal Road, which connects to Kennedy Parkway to the south. There's currently no sidewalk on the property so staff is recommending a condition that the owner construct an eight-foot-wide sidewalk as well as curb ramps that connect east to the existing development. Russett noted the typical sidewalk width is five feet so the City would pay for the additional three feet. Sanitary sewer and water lines exist within the Camp Cardinal right-of-way and access to these lines would be necessary for any development. Staff is also recommending a condition that the owner demonstrate the ability to access City utilities as the main concern Public Works has is that even though there's water and sewer within the Camp Cardinal right-of-way, because of all the sensitive areas they want to make sure that those service lines can be extended to wherever new house is proposed. Accessing the City utilities will need to be verified as part of the building permit process. Also, there is an interest by the city of Coralville to vacate the Camp Cardinal Planning and Zoning Commission June 26, 2024 Page 3 of 10 Road right-of-way to the north of the property. Camp Cardinal Road eventually connects to Camp Cardinal Boulevard further north and the city of Coralville would like to vacate that right-of- way which would require a turnaround is built for any cars that head north on Camp Cardinal Road, so they have the ability to turn around and go back south. Due to that interest by the city of Coralville, staff is recommending that the property owner dedicate some right-of-way that would allow the City to build that turnaround at a future date. Public Works feels they would need to dedicate around 5000 square feet. In terms of sensitive areas, there are sensitive features on the property however a rezoning does not trigger the need for a sensitive areas development plan. If the owner chooses to move forward with the subdivision in the future, that's the point at which the City would require a sensitive areas development plan. Staff has received one email in opposition to the rezoning that Russett forwarded to the Commission. In terms of the timeline, upon a recommendation from the Planning and Zoning Commission, City Council would set a public hearing at the July 16 meeting and the public hearing is anticipated to be on August 6. Staff recommends approval of REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single-Family Residential (ID-RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8’ wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8’ sidewalk, which is the additional 3’ beyond the standard 5’ sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. Quellhorst stated he was curious about staff justification for the proposed conditions. In particular, he thinks that turnabout and sidewalk are a great idea but are those really connected to what the applicant is asking for. It seems like they want to rezone to add a single house, which wouldn't seem to add too much traffic so is it justified to ask them to incur the costs of those improvements. Russett explained that staff feels that the additional right-of-way is a pretty common request at the time of a rezoning. She acknowledges his point that typically they are looking at larger development projects that probably result in more traffic impacts than what's proposed here but for the pedestrian sidewalk they do feel that is really important. It's in the regulations to require a sidewalk even if it's just a single-family home or a duplex, something that doesn't require site plan review. Staff is recommending that the sidewalk not be the full frontage of the property but be from the southern property line to the existing driveway. And since there is an existing eight-foot-wide sidewalk there that is why they are requesting the sidewalk extension also be eight foot wide. There's also an elementary school in the area and a trail along Camp Cardinal Boulevard that gets used quite a bit so that is why staff would like to see that pedestrian infrastructure built out. Quellhorst asked if there is a sidewalk currently on the other side of the street. Russett Planning and Zoning Commission June 26, 2024 Page 4 of 10 acknowledged there is. He also asked about the sensitive features and the woodland, is there any precedent or mechanism for conducting some sort of environmental review to make sure that the new building doesn't cause any environmental damage or concern. Russett replied that is something staff could look at the building permit stage. Typically, single family homes that don't impact more than 20,000 square feet are exempt from the sensitive areas ordinance. Quellhorst asked how that review would occur if it was conducted as part of the building permit process. Russett explained what triggers the review of a sensitive areas development plan is an OPD rezoning or a subdivision which isn't being proposed at this time. If the applicant came forward with the building permit and wanted to tear down the trees or impact the stream she is not even sure they would have the ability to do to stop that because they're not proposing a subdivision or a OPD rezoning, they're just building one home. Craig asked why this isn't a subdivision when there's already one home there and they're building a second home. Russett explained because they're not splitting the property nor creating any additional lots. If in the future they wish to build more homes, they would need to come forward with a subdivision plan and that would trigger a sensitive areas development plan. Russett reiterated this has been subdivided before. There is parcel A and parcel B. Parcel A does not have a home on it. The issue is that the Interim Development Single Family Residential zoning requires a five-acre lot and parcel A is less than five acres in size. Quellhorst noted in the past they’ve permitted by conditional rezoning and required things like preservation of trees or other environmental features, does staff feel like there's any viable way to do something similar here. Russett stated if the Commission was to make a recommendation on adding an additional condition that limits the impacts, that's something that could be considered. Hekteon noted the key to imposing conditions is identifying the public need being created by this rezoning so as they think about whether the recommended conditions are appropriate, or any additional conditions, that's the standard. Craig asked can the public need be that they're trying to protect sensitive areas, that seems to be a public need. She noted right now they have an ordinance in it right now isn't applying. Hekteon agreed that would be a reasonable need. Hensch opened the public hearing. Lacey Stutzman (MMS Consultants) began by clarifying there are three separate parcels here. The existing home is on its own parcel and the applicant is rezoning all of it because if they are spending the money to go through the process, they might as well take it out of that interim development zoning and put it into an RS zoning for future planning. Down the road, if they go to sell, it's just beneficial for them when it matches the adjacent zoning. Stutzman stated they are also working on an access easement. The applicant is going to use the same driveway entrance off Camp Cardinal Road and she has spoken with Public Works and Engineering about their concerns regarding proper connections to the public infrastructure running through Camp Cardinal Road. They have passed all that information along to the builder so when he does go to potentially build a house in the future that's being accounted for. In regard to the sensitive areas, the intent is to build one additional house on the flat open grassy area. She noted they did look at the sensitive features just to do their due diligence on that, there are woodlands, a ravine and some pretty steep slopes so they are intentionally proposing to build a house not to impact any of Planning and Zoning Commission June 26, 2024 Page 5 of 10 those. Stutzman also noted it is just really not feasible or cost effective to try to impact any of those sensitive areas. Hensch noted it's pretty obvious that several commissioners have some concern about sensitive areas and what to assure they will comply with the slope issues for sensitive slopes, for the protection of trees, etc., can they address that. Stutzman explained they looked at it in the light of if they were going to do an OPD it would be a level one sensitive areas review which she believes if it's under two acres that makes it a grove of trees as opposed to a sensitive feature, or downgrades it to some degree that the impact are still regulated but not as heavily as when a large subdivision development comes through. With slopes they are allowed a certain percentage of impacts. She also doesn’t think that the applicant would go through the trouble of building a single-family home on the secluded lot to then go through an additional subdivision process. Craig asked about the single driveway and if the properties change hands. If there are two different owners of these two houses, they could do an easement but with having just one owner, do they need an easement as well. Stutzman stated they have already drafted an agreement, it's a private agreement not dictated under this rezoning, a private access agreement between the property that owns it and then the other property that it is mutual beneficial. They'll have maintenance agreement, that's pretty standard and typical so that way, when it does change hands eventually both parties are protected to continue to use that access, and it mitigates impacts to the sensitive areas. They are not going to put in a second driveway onto Camp Cardinal Road because with the way that those property lines are slated it would impact sensitive features. Quellhorst asked if the applicant has any position on staff's proposed conditions to add the turnabout and sidewalk. Matt Kain (1215 Camp Cardinal Road) stated they don't really have any concerns about that turnaround, he suspects when they get in there and look it’s a pretty steep ravine they may not go as far as they want but if that's what they need, that's what they need. The only question on the sidewalk he has is because there is a big gap between the Coralville sidewalk and where their line is, essentially a sidewalk to nowhere, his thought is once Coralville finishes developing then put the sidewalk in rather than putting a sidewalk in to nowhere. But it’s also no big deal they’ll put the sidewalk in if required. Looking at the siting of the house, they fully intend to put it up in the flat area and don't want to touch any of those trees. There's a grassy area that's very flat and that's where the house will be built. Hensch closed the public hearing. Wade moved to approve REZ24-0004. A proposal to rezone approximately 5.01 acres of land at 1215 Camp Cardinal Road from Interim Development Single-Family Residential (ID- RS) zone to Low-Density Single-Family Residential (RS-5) zone subject to the following conditions: 1. Prior to issuance of a certificate of occupancy, Owner shall: a. Construct an 8’ wide sidewalk along the Camp Cardinal Road frontage from the southern property line to the existing driveway, as well as installation of curb ramps to connect to the sidewalk on the east side of Camp Cardinal Road. The City shall pay for the overwidth of the cost of the 8’ sidewalk, which is the Planning and Zoning Commission June 26, 2024 Page 6 of 10 additional 3’ beyond the standard 5’ sidewalk width. b. Dedicate to the City, without compensation, right-of-way along Camp Cardinal Road for the future installation of a turnaround. 2. Prior to issuance of a building permit, Owner shall: a. Demonstrate access to City utilities can be provided. Craig seconded the motion. Craig is concerned about the sensitive areas and perhaps some language that could be added that a review would be included. She can appreciate the applicant not wanting to disturb any of the sensitive areas but it is the Commission’s duty to worry a little bit about that. Wade thinks they need to continue to embrace the builder community and it's reasonable to promise that they're going to build it on the high, flat side of the lot. It makes sense from a development point of view so he doesn’t think they need to add additional requirements. He does wonder if they could do a contingency on the sidewalk, they’ve had other cases where there has not been a connecting sidewalk resulting in a sidewalk to nowhere. Hensch replied they do have missing sidewalk segments all throughout the City and hopefully once the school district fills it up they’ll be connected. Russett stated If they wait until everyone is there and all are filled in, there is no push to get it completed. Hensch noted as he is entering his 10th year on this Commission he’s learned to be not very trusting of what people say but in this case he doesn’t see any warning signals, given that the topographic map makes the flat area a perfect location to put the house. Also since the person who owns the property is going to be building this and continue to live in the neighborhood, Hensch has pretty good confidence that they won't tell us they're going to build in one location and then do something else. Of course, there's nothing else they can do about it if they do something else, unless there is a condition in there but he doesn’t feel it's necessary at this time. Townsend wanted to say is there's so much building going on in that area and they don't question the big builders. Here is a single lot and one home, and now they’re questioning all these things so her concern is that they're not giving more of these concerns to the big builders that are cutting down all of the nice trees. Craig acknowledged that's probably true but the big builder would have to follow the sensitive areas ordinance because they would be building more lots more than this one. Hensch also noted people don't realize the sensitive areas ordinance allows them to take up quite a number of trees, it's actually pretty dramatic. Quellhorst is inclined to agree, if anything having a single home on this property seems to probably be more beneficial for environmental preservation. He also gives some deference to staff who have evaluated this project and determined that environmental conditions are not necessary or preferable. He is concerned about the environment, but also doesn’t want to tie a private project up in a bunch of red tape and cause somebody unnecessary time and expense. A vote was taken and the motion passed 5-0. Planning and Zoning Commission June 26, 2024 Page 7 of 10 CASE NO. REZ24-0005 Location: 2255 N. Dubuque Rd. An application for a rezoning of approximately 7.0 acres of land from Office Research Park (OPD) zone to Neighborhood Public (P-1) zone. Russett stated this is an application from Iowa City Community School District for an area about seven acres off of North Dubuque Road. Looking at the zoning map the ACT campus is to the northeast of the site and the school district purchased a building from ACT. To the south is Oaknoll East, the three multifamily buildings. Most of the area to the west and to the east remains undeveloped. This property was annexed into Iowa City in the late 1960s, early 1970s. The Iowa City Community School District would like to use what they recently purchased from ACT as administrative offices and some educational facilities. The School District seeks to rezone this P-1 for a couple of reasons, one to demonstrate that it is a publicly owned site, but they also want to have educational facilities and Russett explained the existing zoning does not allow educational facilities as a land use. Russett showed a few photographs of the site noting it's a very beautiful property with trees in front of it. The current zoning is ORP which generally allows office type uses but educational facilities are not allowed. The Neighborhood Public Zone being proposed is used to reference public ownership. Examples are schools, parks, police and fire stations and other civic buildings that are controlled by local governments or the Iowa City Community School District. In terms of general development criteria, Russett stated the Comprehensive Plan does show this as Office Research Development Center in terms of the land use, however, there is part of the Plan’s vision that shows the City should encourage and support collaborative efforts with the School District and other jurisdictions for mutual benefit of all communities, so staff feels this rezoning is in line with the Comprehensive Plan. In terms of compatibility with the existing character, the land to the north, east and west is all owned by ACT. Most of the area that's developed is the ACT campus except for to the south, where it's the multifamily Oaknoll East campus. The School District plans to reuse the existing building and has their current administration building nearby on North Dodge Street. In terms of next steps, this will go to City Council after a recommendation from the Planning and Zoning Commission. Staff anticipates that City Council will set a public hearing on July 16, and that public hearing would be August 6. Staff recommends approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P- 1) zone. Craig asked what is allowed under educational facilities. Russett explained it would be basically public schools but there's also private schools that are considered a general educational facility. Specialized educational facilities as a land use could also be things like specialized educational training, like a Preucil School of Music or a dance studio, but this would be considered general educational facility. Craig asked if the plan is to redo this current building into new offices for the Iowa City Community School District. Russett stated she thinks they're currently using the space as offices, Planning and Zoning Commission June 26, 2024 Page 8 of 10 but they do plan to incorporate some classroom space as well. Townsend asked if they are also planning to build additional units on that space. Russett doesn’t believe any additions are proposed at this time, but that could be possible. Hensch opened the pubic hearing. Brock Heller (MMS Consultants) stated the proposed rezoning is taking into account renovations of the existing space which is going to be predominantly office areas. However, part of the architect's plans, as well as the School District’s intention, is to incorporate some classrooms. He is not sure at this time what grades or types of classrooms are being proposed. Also, at this time there's no intention of expanding the footprint of the building. There is a FEMA shelter basement addition that's below grade of the building for a tornado shelter because if part of it's going to be a classroom space for safety purposes they need a FEMA rated shelter that has to hold the entire weight of the building if it were to collapse. Hensch closed the public hearing. Townsend moved to recommend approval of REZ24-0005, a proposal to rezone approximately 7.0 acres of land at 2255 N Dubuque Rd from Office Research Park (ORP) zone to Neighborhood Public (P-1) zone. Quellhorst seconded the motion. Townsend asked if the addition of the storm shelter being built will have to come back to this Commission for review. Russett replied no, it would just be site planning and building permits, which are just reviewed by staff. Quellhorst stated this is a great use of space. Townsend agreed it is nice to see a building being reworked as opposed to torn down and rebuilt. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: MAY 1, 2024: Townsend moved to approve the meeting minutes from May 1 2024. Wade seconded the motion, a vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Hektoen announced this was her last Planning and Zoning Commission meeting as she is resigning from the City of Iowa City. Commissioners thanked her for all her years of service and her dedication to bettering the community. Russett shared that the Pagliai’s landmark rezoning has been approved by Council. She also shared that there will be no P&Z meeting on Wednesday, July 3, the next meeting will be Wednesday, July 17. Planning and Zoning Commission June 26, 2024 Page 9 of 10 Russett noted the City received a $3.7 million grant from HUD for the pro-housing grant application that was submitted late last year. There is going to be a big event at City Hall on June 27 at 1:30 pm and HUD representatives will be there as well as the mayor. Iowa City is one of 21 communities out of 175 that applied for these funds. Townsend congratulated everyone who participated in the grant proposal and noted there isn't a community in this country that doesn't need help with low-income housing. Russett noted it was a very well put together application that demonstrated the City's commitment to affordable housing not only on the land use side but also with the affordable housing action plan and fair housing study. Craig asked what was being built across from Iowa City Landscaping. Russett replied that will be a Dunkin Donuts. Townsend asked about the two big slabs of concrete on off Gilbert. Russett is not sure. Hensch noted there is a storage facility going up on Waterfront near Southgate in front of Plumbers Supply. Townsend stated people can't afford houses, so they have to have storage. She just wants to go on record again that it's horrible that affordable housing is based on the HUD formula that for a family of four is $90,000. That needs to be reevaluated as to what affordable is because if a single woman with three children, unless she's a doctor or professor, is not going to have $90,000. She would like to see it come back before this group and then to City Council to talk about what affordable actually is for Iowa City. Yes there are a lot of people making a lot of money in Iowa City but there is still a lot of people living under the trees in Iowa City. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2023-2024 4/19 6/21 7/5 7/19 8/2 8/16 10/4 10/18 11/15 12/6 12/20 1/17 2/7 2/21 4/3 5/1 6/26 CRAIG, SUSAN X X X X X X X X X X O/E X X X X X X ELLIOTT, MAGGIE X X X X X X X X X X X X O/E X X X O/E HENSCH, MIKE X X O/E X X X X X X X X X X X X X X PADRON, MARIA X X X O/E X X X X X O/E X X X X O/E O/E -- -- QUELLHORST, SCOTT -- -- -- -- -- -- -- -- -- -- X X X X X X X X X O/E X X TOWNSEND, BILLIE X X X X O/E X X X X X X X X X X X X WADE, CHAD X X X X X X X X X X X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member