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HomeMy WebLinkAbout11-19-2025 Planning & Zoning CommissionPLANNING AND ZONING COMMISSION Wednesday, November 19, 2025 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. Discussion Regarding Ex-Parte Communication, Conflicts of Interest and Rezoning Considerations 5. Meeting Minutes: November 5, 2025 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 arussettQiowa-city.orq. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: December 3 / December 17 / January 7 Informal: Scheduled as needed. r �CITY OF IOWA CITY MEMORANDUM Date: November 19, 2025 To: Planning & Zoning Commission Board Members From: Alexandra Bright, Asst. City Attorney Re: Conflicts of Interest and Ex Parte Communications Summary Members of the Planning and Zoning Commission are subject to laws and policies regarding conflicts of interest and ex parte communications. In circumstances where a Commission member knows they have a conflict of interest, the member should generally declare that conflict and decline to vote, following Section 10 of the Commission By -Laws. See also Iowa Code § 362.6. In circumstances where a Commission member engages in ex parte communications about an agenda item, the member should likewise follow the procedure established in Section 9 of the By -Laws. Conflicts of Interest City officers, including Planning and Zoning Commission members, are required to avoid conflicts of interest. Iowa Code § 362.2; see also Op.Atty.Gen. (Schwartz), Nov. 7, 1969, 1969 WL 181670 ("A member of city planning commission is [an] "officer", within the meaning of this section, and as such may not, subject to certain specified exceptions, be interested directly or indirectly, in any contract or job for work or material or the profits thereof or services to be furnished or performed for the city or town"); Op.Atty.Gen. (Mincks), Feb. 15, 1965, 1965 WL 158502. The basic purpose of the requirement that Commission members avoid conflicts of interest is "to avoid subjecting public officials to the difficult and often insoluble task of deciding between their duty to the public and their own private interest or advantage." Wilson v. Iowa City, 165 N.W.2d 813 (la. Sup. Ct., 1969). Iowa state law defines conflicts of interest and the appropriate courses of action to address a conflict in several different provisions. Conflicts of interest are defined broadly and can include "any financial or pecuniary interest" that might conflict with a city officer's duty to the public. Op.Atty.Gen. (Angrick), Aug. 17, 1993, 1993 WL 375331. Iowa Code Sec. § 362.6 explains that, in instances where a city officer knows they have a conflict of interest, the appropriate course of action is to declare the conflict and decline to vote. Additionally, "the statement of an official that the officer declines to vote by reason of conflict of interest is conclusive and must be entered of record." Section 10 of the Planning and Zoning Commission By -Laws likewise states that "a member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote." When considering a potential conflict, Commission members should evaluate if they can be fair and impartial when voting on a particular item. November 13, 2025 Page 2 Ex Parte Communications A conflict of interest may occur when a Commission member engages in ex parte communications. Ex parte communications are contacts "done or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested." Black's Law Dictionary (1999 Ph ed.). In the context of the Planning and Zoning Commission, ex parte contacts consist of communications about an agenda item between a Commission member and an interested party outside of a public hearing. Section 9 of the By - Laws establishes this definition and establishes a process for situations in which ex parte communications have occurred, providing that "[a] member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal." This procedure applies to any conversations about an agenda item with an interested party outside of a public meeting, whether or not the communications give rise to a conflict. The intent of this prohibition is to ensure that Commission members gain access to all information on the basis of which they will make their recommendation during the course of a public meeting, such that members of the public have access to the same information at the time. Examples The term "conflict of interest" can apply in a number of contexts. Examples include, but are not limited to, the following situations: • A Commission member has a direct or indirect financial interest in the outcome of a rezoning ordinance, such as an interest in receiving future work on a development project or an existing business relationship with an applicant. • A Commission member advocates for a friend or family member based on that friend or family member's potential financial gain from a Commission vote. • A Commission member demonstrates professional or personal interest that may influence their vote on an application before the Commission, such as seeking out additional information about a project or expressing an opinion on the application to others. • A Commission member is an employee of a firm who receives a public contract other than by competitive bid. See Op.Atty.Gen. (Schwartz), Nov. 7, 1969, 1969 WL 181670. • A Commission member serves on the board of a nonprofit organization applying for a rezoning and votes on that rezoning. In the case of an agenda item considering a rezoning, ex parte communications could include the following examples: • The applicant calls a commission member to tell them why they think the rezoning would be a good idea. • A neighbor to the property under consideration runs into a Commission member and tells them that they think the rezoning is a bad idea. November 13, 2025 Page 3 • A Commission member attends a Good Neighbor meeting to learn more information about a project for which a rezoning application has been submitted prior to the presentation of the agenda item at a public Commission hearing. Conclusion For the reasons explained above, it is important for Commissioners to be cautious about any direct or indirect interests they might have in projects subject to review by the Planning and Zoning Commission. Because conflicts of interest are defined broadly, the appropriate course of action may depend on the particular circumstances of the conflict. Commissioners should communicate with the City Attorney's Office regarding potential conflicts of interest. In instances where a Commission member knows they have a conflict of interest, the member should generally follow the procedures established by Section 10 of the Commission By -Laws. See Exhibit A. Commissioners should also be cautious about ex parte communications regarding agenda items. If a Commissioner engages in ex parte contacts, they should follow the process laid out in Section 9 of the Commission By -Laws. See Exhibit A. If you have questions or concerns, please do not hesitate to contact the City Attorney's Office. Copy to: Anne Russett, Senior Planner Eric Goers, City Attorney Liz Craig, Assistant City Attorney Scott Quellhorst, Chair, Planning and Zoning Commission Maggie Elliott, Vice -Chair, Planning and Zoning Commission Steven J Miller, Member, Planning and Zoning Commission Billie Townsend, Member, Planning and Zoning Commission Chad Wade, Member, Planning and Zoning Commission David J Davies, Member, Planning and Zoning Commission Kaleb Beining, Member, Planning and Zoning Commission CITY OF IOWA CITY MEMORANDUM Date: November 19, 2025 To: Planning & Zoning Commission Members From: Alexandra Bright, Asst. City Attorney Re: Considerations for Rezoning Determinations & Permissible Rezoning Conditions Conclusion Iowa state law and City of Iowa City Code require Planning and Zoning Commission members to apply certain criteria when considering applications for rezoning or conditions imposed during a rezoning. Commission members should be mindful, in both cases, to limit the scope of their considerations to the question in front of them and to the criteria at hand. Background/Discussion Zoning decisions are an exercise of the police power delegated to municipalities by the state. Municipalities have statutory authority to pass zoning laws for the purpose of "promoting the health, safety, morals, or general welfare of the community" or to preserve "historically significant areas of the community." Iowa Code 414.1. Planning and Zoning Commissions derive their power to act from Iowa Code Chapter 414 and Iowa City Ordinance 14-7A-1. Together, Chapter 414 and Section 14-7A-1 enumerate the powers conferred on the Commission, which includes making recommendations regarding zoning changes. When considering an application for rezoning, Planning and Zoning Commission members are asked to review an applicant's request to rezone from one zoning designation to another designation and to vote on a recommendation regarding that request. Members are further instructed to consider two criteria when contemplating a rezoning application: (1) consistency with the comprehensive plan and (2) compatibility with the existing neighborhood. See Iowa Code Sections 414.3(1) and (2). Commission members should be mindful to limit their considerations to the specific question under review. For example, when considering a rezoning, Commission members should focus on whether the requested change in zoning designations is consistent with the comprehensive plan and compatible with existing neighborhood character. Likewise, when considering conditions to be imposed on a rezoning, Commission members must adhere to statutory criteria. As part of a rezoning, "a council may impose conditions on a property owner which are in addition to existing regulations" if the conditions are (1) reasonable and (2) "imposed to satisfy public needs which are directly caused by the requested change." Iowa Code 414.5. The latter criterion is particularly important, as the public need satisfied by the condition must be "directly caused" by the rezoning under consideration. When contemplating a condition, Commission members should be cautious to avoid imposing conditions that address a public need not directly caused by a requested change, such as a general need for more affordable housing or a preference or desire for certain neighborhood amenities. Inappropriate Considerations Inappropriate considerations when considering a rezoning application or conditions imposed in the course of a rezoning may include, but are not limited to, the following: Personal Preference Regarding Neighborhood Amenities or Aesthetics A Commission member's desire for a rezoning to include certain neighborhood amenities, such as a playground or gathering space, is not relevant to consistency with the comprehensive plan or compatibility with existing neighborhood character. Unless the need for such an amenity was directly caused by the requested change, it should not be the basis for the member's decision on an application. Personal preferences regarding site design, such as the architectural style of plans submitted as part of an application, are likewise inappropriate considerations. General Policy Goals Unrelated to a Public Need Directly Caused by the Requested Change A general need for affordable housing that was not directly caused by the requested change is not an appropriate subject for a rezoning condition or consideration when reviewing a rezoning application. Similarly, a general need for public open space beyond the public open space requirements established by city code is not an appropriate condition to impose during a rezoning, nor is a condition stemming from a general desire to advance sustainability goals unrelated to a need created by the rezoning. Dissatisfaction with Present Zoning Code Requirements Dissatisfaction with present zoning code requirements is not relevant to the question of whether a particular rezoning should be recommended as consistent with the comprehensive plan and compatible with existing neighborhood character. The Commission is charged with following the zoning code in effect at the point of the application. Opinion Regarding Zoning Designations When considering an application for rezoning, Commission members are asked whether they recommend approval of that specific change in zoning to Council. Members are encouraged to be thoughtful about the application at hand and to focus their discussion on the specifics of that particular application. Identity of the Applicant Courts have found that an improper purpose exists when a zoning authority adopts a new zoning regulation designed to frustrate a particular applicant's plans for development. Geisler v. City Council of Cedar Falls, 769 N.W.2d 162, 169 (Iowa 2009). If you have questions or concerns, please do not hesitate to contact the City Attorney's Office. Copy to: Anne Russett, Senior Planner Eric Goers, City Attorney Liz Craig, Assistant City Attorney Scott Quellhorst, Chair, Planning and Zoning Commission Maggie Elliott, Vice -Chair, Planning and Zoning Commission Steven J Miller, Member, Planning and Zoning Commission Billie Townsend, Member, Planning and Zoning Commission Chad Wade, Member, Planning and Zoning Commission David J Davies, Member, Planning and Zoning Commission Kaleb Beining, Member, Planning and Zoning Commission MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION NOVEMBER 5, 2025-6:OOPM— FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Kaleb Beining, James Davies, Steve Miller, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maggie Elliott STAFF PRESENT: Alex Bright, Sam Brodersen, Anne Russett OTHERS PRESENT: Gina Landau, Jon Marner RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of REZ25-0014, a rezoning of 13.60 acres of land from Interim Development — Research Park (ID -RP) zone to Medium Density Single -Family Residential (RS-8) for 4.75 acres and Rural Residential (RR-1) for 8.85 acres. By a vote of 6-0 the Commission recommends approval of SUB24-0005, an application submitted by Tailwind North Dubuque LLC for a combined preliminary and final plat of Cole Hill, a 2.84-acre subdivision to create one residential lot to accommodate an existing single-family home. CALL TO ORDER: Quellhorst called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM: CASE NO. REZ25-0014: Location: West of Ava Circle and south of Kennedy Parkway An application for a rezoning of approximately 13.6 acres of land from Interim Development Research Park (ID -RP) zone to Medium Density Single -Family (RS-8) zone for approximately 4.75 acres and Rural Residential (RR-1) zone for approximately 8.85 acres. Brodersen began the staff report sharing an aerial map and zoning map of the subject property. The property is currently zoned Interim Development Research Park, to the north is an undeveloped area of the city of Coralville, to the south is Deer Creek Road SE and Highway 218, to the east is Low Density Single -Family Residential with the Planned Development Overlay and Interim Development Research Park and to the west is Interim Development Research Park zoning. For some background on this case Brodersen stated this rezoning request is the next phase of the overall Cardinal Point West development that has been in development, between 2015 and 2021 71.84 acres of surrounding land has already been rezoned and subdivided in order to accommodate similar patterns of development. This application is requested to rezone the subject property from Interim Development Research Park to Medium Density Single -Family Residential (RS-8) for 4.75 acres and Rural Residential (RR-1) for 8.85 acres, with the goal of developing the RS-8 area with 19 single family dwellings and leaving the RR-1 area undeveloped Planning and Zoning Commission November 5, 2025 Page 2 of 6 to preserve sensitive features. The rezoning is needed to allow uses that are not allowed in the current zoning designation. The applicant has hosted a good neighbor meeting on October 22 there were three attendees. These attendees had questions regarding the plan and vision for the subject parcel. Brodersen shared some photos of the project site and the surrounding areas. He reiterated that the subject property is currently zoned Interim Development Research Park which is not compatible with the existing neighborhood, which is a mix of single family homes, townhomes and multifamily residences. The request is to rezone it to Medium Density Single -Family Residential and Rural Residential and the RS-8 zoning designation will allow for single family residential uses on smaller lots. Additionally, the request for Medium Density Single -Family Residential and Rural Residential is more consistent with the current zoning pattern and City services are available to service the proposed development. Again, the Rural Residential areas will remain undeveloped in order to preserve sensitive areas. Brodersen explained that the City uses two criteria to review all rezonings, first is consistency with the Comprehensive Plan and second is compatibility with the existing neighborhood. Looking at the Future Land Use Map from the IC2030 Comprehensive Plan the subject area is designated for conservation design, which aligns with the requested rezoning. Additionally, the Comprehensive Plan has a list of goals and strategies that align with this request such as to guide development away from sensitive features, to encourage a diversity of housing options, for the development of housing options on smaller lots that conserve land and allow for more affordable single family housing. Brodersen also noted the subject parcel is located within the Clear Creek Master Plan which lays out a general development concept with possible street layouts and shows areas for residential, commercial and office development. As previously mentioned, the Future Land Use Map identifies this area as appropriate for conservation design and the proposed rezoning aligns with the conservation design vision as conservation design is intended to be appropriate for areas containing steep slopes, woodlands and other sensitive features, it's intended to have building sites identified to take advantage of the preserved land, and the intention is for development to be more compact with less pavement and more open space than conventional development. In terms of compatibility with the existing neighborhood Brodersen stated there are a variety of housing types, including single family dwellings, townhouses and multifamily housing in the area, this rezoning is the next phase in the overall Cardinal Point West development and the current Interim Development Research Park zoning is not compatible with the existing neighborhood, as it only allows agriculture by right. Interim Development Research Park zoning designation is intended to be a default zoning designation until City services are available and City services are available to service the proposed development so the Interim Development Research Park zoning is no longer appropriate. Brodersen stated that staff received no correspondence related to this rezoning request. Staff recommends the approval of REZ25-0014, a rezoning of 13.60 acres of land from Interim Development — Research Park (ID -RP) zone to Medium Density Single -Family Residential (RS- 8) for 4.75 acres and Rural Residential (RR-1) for 8.85 acres. In terms of next steps, City Council will schedule the date for the public hearing at the next Council meeting on November 18, following that, they will consider the rezoning at future meetings. Planning and Zoning Commission November 5, 2025 Page 3 of 6 Davies asked if the Clear Creek Master Plan is something that's publicly available or is that part of a Comprehensive Plan. Russett explained it is not available on the City's website, staff does have it available by request, it was something that was done in collaboration with the city of Coralville several years ago. Davies noted it says 19 houses will be there, is there any kind of delineation, are those all in the RS-8 or is the intent to spread them between the RS-8 and the RR-1. Brodersen stated the request is to place the dwellings in the RS-8 area, which is in the northern area of the parcel, the RR-1 zoning is planned to remain undeveloped. Quellhorst opened the public hearing. Gina Landau (Navigate Homes) is here on behalf of the owner, Crossing Land, LLC which is a break off from SouthGate and are doing the development part. She confirmed the developer's request is for a rezoning so they can build 19 single family homes. Quellhorst closed the public hearing. Townsend moved to recommend the approval of REZ25-0014, a rezoning of 13.60 acres of land from Interim Development — Research Park (ID -RP) zone to Medium Density Single - Family Residential (RS-8) for 4.75 acres and Rural Residential (RR-1) for 8.85 acres. Miller seconded the motion. Townsend noted it seems that this is land that's vacant and they need housing, they also seem to be smaller and not huge homes, so it sounds like the proper thing for her. Davies noted they don't have a lot of information on how the land will be sited but he assumes that gets taken care of. He also noted it seems like the Good Neighbor meeting was mostly about wanting to retain some trees as a buffer to 218 and if there's really no planned development for the RR-1 that would retain the trees and buffer so he is generally supportive of the plan and the rezoning. A vote was taken and the motion passed 6-0. SUBDIVISION ITEM: CASE NO. SUB24-0005: Location: 620 Foster Road An application for a combined preliminary and final plat for Cole Hill, a 2.84-acre subdivision to create one residential lot to accommodate an existing single-family home Russett began the staff report showing an aerial map of the property, the house at the center is the property that's located at 620 Foster Road, the land to the north is undeveloped and then Interstate 80 is to the north with Foster Road to the south. The subject property is zoned RS-12 with a Planned Development Overlay and the surrounding area is also zoned mainly Single Family with a Planned Development Overlay, and some multifamily to the south. In terms of Planning and Zoning Commission November 5, 2025 Page 4 of 6 background, this property has never been subdivided, it was rezoned to the Planned Development Overlay RS-12 in 2019 as part of the larger Forest View Development project. Russett explained that development never moved forward and then the land was sold to Tailwind North Dubuque LLC, who is the applicant. Russett stated the rezoning conditions that were applied to the rezoning in 2019 still apply to the subject property but the goal tonight is to carve off a piece of that land that Tailwind owns for the homeowner, the home is owned by a different entity so they need to create a lot that can be reverted back to the owner of the of the house that exists there. Russett shared the combined preliminary and final plat noting again there's one lot that's proposed with this subdivision, which again is to accommodate the existing residence. In terms of the Comprehensive Plan, the IC2030 Comprehensive Plan and the North District Plan both identify this as appropriate for conservation design, and the land was rezoned to that RS-12 designation several years ago. There are environmentally sensitive areas on the subject property, but this is exempt from the Sensitive Areas Ordinance as there's no development proposed and construction of single family or two family homes are exempt if development does not exceed 20,000 square feet, which is the case here. Staff recommends approval of SUB24-0005, an application submitted by Tailwind North Dubuque LLC for a combined preliminary and final plat of Cole Hill, a 2.84-acre subdivision to create one residential lot to accommodate an existing single-family home. In terms of next steps, after a recommendation from the Planning and Zoning Commission, this would go to City Council for consideration at their next meeting. Quellhorst asked if currently the home and the land are actually owned by two separate entities. Russett explained the land is owned by Tailwinds and the house is Ed Cole's house. Ed Cole was previously involved in the development of the land when it was the Forest View project but he isn't involved in the development moving forward. Therefore, the goal is to carve off a piece of that land so he can separate the house from any development that may move forward someday for the rest of the land. Davies asked about the road and timing and responsibility as it seems integral to the access to the development to the north. Russett stated it would be required to be extended if development were to occur to the north. The property at 620 Foster Road will still have access from Foster Road so they don't need an extension of Algonquin to access their home. Quellhorst opened the public hearing. Jon Marner (MMS Consultants) is representing the developer and reiterated the intent here is to create one parcel for the existing home. Tailwind currently owns it the land so this would allow for the transfer of that property back to Ed Cole and still establish guidelines and all the necessary measures for Tailwind to continue to proceed with their plans for development. Marner noted the application for that development is in and they are working with City staff and the DOT on the traffic study and all the other things that are required with the intent is to continue to move that forward. Townsend noted the whole Forest View area was set aside for affordable housing at one point so Planning and Zoning Commission November 5, 2025 Page 5 of 6 is this new proposal going to include affordable housing. Marner stated he can't speak to that, whenever that next application comes before the Planning and Zoning Commission and Council all of those plans and any agreements would be addressed at that time. The goal for this application is to just establish that initial lot since Ed Cole is not involved with the Tailwind group on that future development the goal is to create that parcel for his house and then Tailwind can continue with their application. Quellhorst closed the public hearing. Wade moved to recommend approval of SUB24-0005, an application submitted by Tailwind North Dubuque LLC for a combined preliminary and final plat of Cole Hill, a 2.84- acre subdivision to create one residential lot to accommodate an existing single-family home. Davies seconded the motion. Wade noted this is pretty straightforward, splitting off that lot for the private residence and it sounds like access is still on the private drive but could connect to Algonquin if it ever needs to for access in the future. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: OCTOBER 15 2025: Townsend moved to approve the meeting minutes from October 15, 2025. Wade seconded the motion, a vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett noted the updated flood plain amendments that were presented to the Commission several weeks ago were recently adopted by City Council. ADJOURNMENT: Townsend moved to adjourn, Miller seconded and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2024-2025 9/4 9/18 11 /20 12/4 2/19 3/5 5/7 6/4 6/18 7/2 7/16 8/6 8/27 9/3 10/15 11 /5 BEINING, KALEB -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O X X O O X DAVIES, JAMES -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X X CRAIG, SUSAN X X X X X X X X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- ELLIOTT, MAGGIE X X O/E X X X X X X X O/E X X O/E X O/E HENSCH, MIKE O/E X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- -- -- I -- -- MILLER, STEVE X X X X X X X X O/E X X X X O/E X X QUELLHORST, SCOTT X X O/E X X X X X X X X X O/E X O/E X TOWNSEND, BILLIE X X O/E X 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 X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member