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HomeMy WebLinkAboutP&Z 09.03.15.pdfMINUTES PRELIMINARY PLANNING AND ZONING COMMISSION AUGUST 6, 2015 – 7:00 PM - FORMAL EMMA HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons MEMBERS ABSENT: Jodie Theobald STAFF PRESENT: Sara Hektoen, Karen Howard, John Yapp OTHERS PRESENT: Loren Hoffman , John Roffman, Shavon Harmon, Kevin Digmann , Kristina Mehmen, Ed Cole, Brian Flynn, Duane Musser RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6-0 to recommend approval of REZ15-00013 a request by St. Andrew Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low Density Single Family Residential (RS-5) to Planned Development Overlay/Low Density Single Family Residential (OPD5), be approved subject to a sufficient Wetland Mitigation Plan being approved by staff prior to City Council consideration of the application, and subject to Conditional Zoning Agreement specifying: (a) The portion of Camp Cardinal Road (430+/- LF) and Elder Drive to the north property line of St Andrew Presbyterian Church shall be constructed to City collector standards. Storm sewer and waterlines to be extended within these same improvement limits; (b) Water and sewer lines will be extended in locations acceptable by the City Engineer. (Note: currently this would include extending water and sewer lines to the north and west property lines); (c) Construction plans for Camp Cardinal Road and Elder Drive and water and sewer infrastructure must be approved by the City prior to issuance of foundation permit. (d) Emergency vehicle access and extension of water lines to the construction site must be complete prior to issuance of foundation permit. (e) A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. The Commission voted 6-0 to recommend approval of REZ15-00015, a proposal to rezone approximately 1.45 acres of property located at the northwest corner of South Riverside Drive and West Benton Street from Community Commercial (CC-2) to Riverfront Crossing-West Riverfront (RFC-WR), subject to the following conditions to address traffic and pedestrian safety issues caused by the subject rezoning: Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of the property to the City in order to widen the public right-of-way along Riverside Drive and Benton Street; Closure of the existing curb cut on Benton Street; Consolidation of the two drives on Riverside Drive into one access point in a location further from the intersection as determined by the City; and Consolidation of the two drives on Orchard Street into· one access point in a location that best meets on and off-site traffic safety and circulation needs as determined by the City. The Commission voted 6-0 to recommend approval of REZ15-00016, to conditionally rezone the property to CC-2 subject to the following conditions; development shall be in substantial compliance with the August 5, 2015 concept site plan and design review. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 2 of 18 The Commission voted 4-2 (Eastham and Martin voting No) to recommend approval of REZ15- 00017 a rezoning to approve a Preliminary Planned Overlay Plan for a 14.36-acre Planned Development Overlay - High Density Single Family Residential (OPD/RS-12) zone located east of Riverside Drive and north of McCollister Boulevard subject to: (1) The two existing properties (former Thatcher and Baculis parks) being combined into one lot; (2) Resurfacing of the entrance road to the point of the new private street including a 5 foot sidewalk on the south side of the street; (3) City Engineer approval of grading and drainage plans at time of final site plan approval. The Commission voted 6-0 to recommend approval of ANN15-00001 and REZ15-00014, annexation of approximately 18.66 acres and a rezoning from County Multi-Family Residential (RMF) to 1.91 acres of Low Density Multi-Family Residential (RM-12) and 16.75 acres of Low Density Single Family Residential (RS-5) for the property located south of Herbert Hoover Highway, subject to a Conditional Zoning Agreement stipulating: (1) The owner/developer will be responsible for providing sanitary sewer and water service to this property; (2) Approval of a development plan for the RM-12 zone, including a landscaping plan, exterior building designs, and site plan by the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential properties and appropriate development appearance for an entranceway to the City, will be required prior to approval of a building permit; (3) The payment of fees required for the upgrade of Herbert Hoover Highway; (4) The owner/developer will install a sidewalk along Herbert Hoover Highway to connect to Olde Towne Village, with the location and design of the sidewalk to be approved by the City Engineer. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none. REZONING ITEM (REZ15-00013): Discussion of an application submitted by St. Andrew Presbyterian Church for a rezoning from Low Density Single Family Residential (RS-5) to Planned Development Overlay (OPD-5) to allow construction of a church and modification of wetlands, and an amendment to a previous Conditional Zoning Agreement regarding requirements for the construction of Camp Cardinal Road, for 33.37 acres of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road. Yapp began the staff report by stating that St Andrew has requested a rezoning of 33.37 acres of property located on the east side of Camp Cardinal Road for a planned development and Sensitive Areas Development Plan. The Sensitive Areas Development Plan is required due to the proposal to reduce wetlands buffers and disturb a portion of the wetlands on the site. Yapp presented an overview of the development concept. Yapp stated there is a Conditional Zoning Agreement which applies to the property, which was agreed to when the property was zoned to single family residential in 2014. That Conditional Zoning Agreement required Camp Cardinal Road to be constructed to City collector street standards, water and sewer lines to be extended to the north and west property lines, Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 3 of 18 construction plans being approved for public infrastructure prior to issuance of a building permit, emergency vehicle access and water lines being installed prior to issuance of a building permit, and a certificate of occupancy not being issued until infrastructure improvements are complete. Yapp said that these conditions are consistent with requirements for new subdivisions, but that they were a part of the initial zoning for this property due to the potential for the Church to be developed without a subdivision. Yapp said the Church has proposed some changes to the Conditional Zoning Agreement requirements. Regarding the requirement that Camp Cardinal Road be reconstructed, the Church has proposed reconstructing a portion of Camp Cardinal Road, and then constructing a new street to the north property line, Elder Drive. The new street would be designed as a collector street, would provide public street frontage for the Church parcel, and would extend a street to the north property line to allow access to the property to the north. Yapp said staff is still recommending the requirement that utility lines be extended to the north and west property lines, consistent with policies for all development in the City to require extension of infrastructure to be able to serve abutting properties as they develop. Yapp said that St Andrew representatives have also requested a change in the condition related to when construction plans, emergency vehicle access, and water lines are complete – the Church has requested the trigger be related to issuance of a foundation permit. Yapp said this is a nuance, but that the City does not issue foundation permits, the City issues ‘building permits for foundations.’ Yapp described the wetland buffer reduction request, and the proposed areas of disturbance to the wetlands. Yapp said the on-site wetland mitigation is proposed on the north end of the site, the location of an old farm pond. The recreated pond is proposed to be designed as a wetland mitigation site, and be planted with wetland plants. Yapp said that earlier today he received a call from the applicants’ engineer, who stated that the Church may propose to purchase an area of a wetlands bank within the same watershed, in lieu of committing to a five-year monitoring requirement for the on-site wetland. Yapp said the staff recommendation is subject to ‘a sufficient wetland mitigation plan being approved by staff prior to City Council consideration of the application.’ And that staff would require either the five-year monitoring requirement, or a commitment to being a part of an existing wetlands bank. Yapp noted that if the wetland bank option is pursued, it would be in a location already approved and monitored by the Corps of Engineers. Freerks asked about the percentages of woodlands and slopes being disturbed on the site, and that the staff report states that the percentages did not reach the threshold for Planning and Zoning Commission and Council review. Freerks stated the staff report is not clear as to the level of disturbance of slopes and woodlands. Yapp showed an image of the areas of slope and woodlands disturbance, and the construction limits line. Freeks asked about the statement in the application that the owner will request an ‘at risk’ grading permit, and asked what that means. Yapp said that he believed it meant the developer will request a grading permit prior to final approval of the development plan. The Commission discussed whether or not the applicant could request a grading permit prior to final approval. It was clarified that property owners may request a grading permit after approval of a preliminary plan or plat, before approval of a final plan or plat. Yapp summarized the staff recommendation, which is to recommend approval subject to approval of a wetland mitigation plan prior to City Council consideration, and subject to a Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 4 of 18 Conditional Zoning Agreement specifying: a. The portion of Camp Cardinal Road and Elder Drive to the north property line being constructed to City collector street standards, and storm sewer and water lines being extended within the same improvement limits. b. Water and sewer lines being extended in locations acceptable to the City Engineer. c. Construction plans for Camp Cardinal Road and Elder Drive and water and sewer infrastructure being approved prior to issuance of a building permit for a foundation. d. Emergency vehicle access and extension of water lines to the construction site must be complete prior to issuance of a foundation permit. e. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. Loren Hoffman (Hall and Hall Engineering) stated he is the engineer representing St Andrew on this project. Hoffman began by describing the site, and reviewed how they had gotten to this point in their design. Hoffman showed on the map the small areas of wetlands proposed to be disturbed, which is less than 1/10 of an acre of total disturbance – Hoffman said the Corps of Engineers has approved this level of disturbance, and that they are faced with the five-year monitoring requirement due to City standards. This is why they are pursuing buying into a wetlands bank, which would be an already-approved wetlands area on the River Products property. Hoffman discussed the zoning and conditional amendments that they were pursuing which stem from the recirculation of the street and are working with City Staff closely to meet all the requirements. Regarding the timing of the grading permit, they anticipate the rezoning process to conclude around early October and don’t expect to get the grading permit prior to October. They are only asking to obtain a grading permit prior to the final plan approval. This is because the church’s schedule is to try to start construction as soon as possible and would like to have the building pad prepped and ready for concrete crews to get in as early as possible in the spring. Freerks mentioned that the steep and critical slope requirements are a concern. The plan states that 32.5% will be disturbed and it is at 35% when other requirements are needed. So to have the grading permit prior to the final plan approval means there is a chance for potential of an alteration and disturbing more than the 32.5% and that raises concern. Hoffman showed the proposed grading map and construction limits line and stated they will not expand on that proposed plan. The building area is the only area they are proposing to grade this year and that will have been approved by P&Z and Council prior to the grading permit being issued. Hektoen stated that the grading permit approval is an administrative function and is a separate issue from the rezoning. John Roffman (chair of the Building Committee), stated that they are to be out of their current church by the first of June next year so that is why they are requesting to move quickly on the grading and not wait until spring and face uncertain weather conditions. Hoffman also wished to clarify the area of woodlands is 7.1 acres, allowable impacts are up to Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 5 of 18 35% and their permanent impact will be 0.9% and potential impacts are almost 8%. With the wetlands, there is a total wetland area of just over 1 acre. They will impact less than 1/10 of an acre. Dyer asked why they are proposing to put in a new road as opposed to developing to Camp Cardinal Road. Hoffman explained that one of the requirements was to provide access to the property north of the church and based on the placement of the church there is some benefit for the placement of the street and it will just add to the street network of the area. Freerks closed the public hearing. Eastham asked about the wetland mitigation recommendation, and Yapp replied that Staff is recommending approval of the mitigation of the wetland plan prior to City Council consideration. Staff is okay with moving forward today without that as it will not change the site design that the Commission is voting on. The applicant is committed to improving the pond and planting the wetlands vegetation regardless. The question is whether the five year requirement for onsite monitoring is conducted onsite or the other option of the applicant purchasing into a wetland bank and the monitoring is done offsite. Hensch moved to approve REZ15-00013 a request by St. Andrew Presbyterian Church for rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low Density Single Family Residential (RS-5) to Planned Development Overlay/Low Density Single Family Residential (OPD5), be approved subject to a sufficient Wetland Mitigation Plan being approved by staff prior to City Council consideration of the application, and subject to Conditional Zoning Agreement specifying: a. The portion of Camp Cardinal Road (430+/- LF) and Elder Drive to the north property line of St Andrew Presbyterian Church shall be constructed to City collector standards. Storm sewer and waterlines to be extended within these same improvement limits. b. Water and sewer lines will be extended in locations acceptable by the City Engineer. (Note: currently this would include extending water and sewer lines to the north and west property lines) c. Construction plans for Camp Cardinal Road and Elder Drive and water and sewer infrastructure must be approved by the City prior to issuance of foundation permit. d. Emergency vehicle access and extension of water lines to the construction site must be complete prior to issuance of foundation permit. e. A final certificate of occupancy will not be issued until all infrastructure improvements are complete and accepted by the City. Dyer seconded the motion. Eastham asked about the alignment of Elder Drive and if that was done in consideration with the property owner to the north or any existing street design for their property. Yapp replied that the property to the north is largely undeveloped with only a private lane on the property. One benefit of Elder Drive being shifted to the east is it will be more centered to the property to the north and Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 6 of 18 helps with maximum cul-del-sac length. The property on the north is hemmed in by Walnut Ridge to the east, the creek corridor and wetlands to the north, so the only access to the property is from the south. Additionally it was very important for the church to have their structure built at a certain location on the site so Elder Drive was adjusted to meet that need. In working with the church over the past several months, staff noted that from the City’s perspective it is important that the church property have public street frontage which also drove the location of Elder Drive. Eastham reiterated then clarification on how the street location will affect development of the property to the north. Howard said that staff did look at a number of possible configurations for subdivision layouts to the property to the north and staff felt this street location would be the best for street patterns to the north. Eastham added that in terms of wetland mitigation he feels that purchasing a wetland management area for the applicant is probably better for smaller parcel areas rather than managing the mitigation on their own. Freerks agreed and stated that there is a reason the site has been undeveloped for so long, it is a difficult and challenging area. A vote was taken and the motion carried 6-0. REZONING ITEM (REZ15-00015): Discussion of an application submitted by Kum & Go, LC for a rezoning from Community Commercial (CC-2) zone to Riverfront Crossings - West Riverfront (RFC-WR) zone for approximately 1.45 acres of property located at the northwest corner of W. Benton Street and S. Riverside Drive. Howard began the report showing a location map of the area which is at the corner of Benton Street and Riverside Drive, both arterial streets. The location is in the West Riverfront Subdistrict of the Riverfront Crossings District. The applicant is proposing to redevelop the property with a 6,500 square foot convenience store and gas station (Quick Vehicle Servicing), which is a use allowed by special exception in the West Riverfront Subdistrict through a special exception if granted by the Board of Adjustment. Howard stated that the Commission’s charge was to determine if the requested Riverfront Crossings zoning was appropriate regardless of the use on the site, proposed gas station or something else in the future. The goals for the West Riverfront Subdistrict are to create a better corridor for pedestrians and bikes, a more aesthetically pleasing corridor and to spur economic development along this corridor. Howard showed photos of the area as it exists, noting that it is not currently pedestrian or bike friendly or aesthetically pleasant. She noted that similar to other properties along the corridor that have been rezoned to Riverfront Crossings, Kum & Go has agreed to dedicate 10 feet of property along both the Riverside Drive and Benton Street frontages to increase the City right-of-way to improve the pedestrian environment along those streets according to the Riverfront Crossings Plan. Since the proposed redevelopment of the property would generate considerable additional pedestrian and bicycle traffic as well as vehicular traffic staff is recommending this as a condition of rezoning. Kum & Go has agreed to meet all the Riverfront Crossing Standards as well as dedicate the land to improve pedestrian areas along the streets and have submitted a preliminary plan to show the Commission this evening. It is a bit different than a typical gas station design, they are placing the building at the corner so it meets the form-based code and is more pedestrian friendly and will have the gas pumps behind the building. The form-based code will require a number of Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 7 of 18 building and design standards including storefront windows, building articulation, and pedestrian friendly street frontage. Kum & Go is also proposing an outdoor seating area on the Riverside Drive frontage and would provide landscape screening along the Orchard Street side of the property. Howard discussed the traffic issues along this corridor as well as the pedestrian issues. There are currently multiple driveway access points to the property on Riverside Drive and Benton Street but they do not meet the current access management standards and present conflicts for both pedestrians and motorists. So the plan is to consolidate the driveways on Riverside Drive to one access point, to close the access points on Benton Street, and have a second access point onto Orchard Street in a location that is deemed appropriate from a traffic safety standpoint. The transportation planners advised that an access point on Benton Street would create an unsafe situation because drivers would have to cross a double-yellow line and a dedicated left turn lane to access the property on Benton Street. Therefore, City staff is recommending that no access be allowed along the Benton Street frontage. Staff recommends approval of REZ15-00015, a proposal to rezone approximately 1.45 acres of property located at the northwest corner of South Riverside Drive and West Benton Street from Community Commercial (CC-2) to Riverfront Crossing-West Riverfront (RFC-WR}, subject to the following conditions to address traffic and pedestrian safety issues caused by the subject rezoning: • Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of the property to the City in order to widen the public right-of-way along Riverside Drive and Benton Street; • Closure of the existing curb cut on Benton Street; • Consolidation of the two drives on Riverside Drive into one access point in a location further from the intersection as determined by the City; and • Consolidation of the two drives on Orchard Street into· one access point in a location that best meets on and off-site traffic safety and circulation needs as determined by the City. Martin asked about the location of the access off Orchard Street. Howard replied that the exact location and access will be part of the determination when the final site plan is shown to the Board of Adjustment. Eastham asked about screening and Howard also said the Board of Adjustment will also review the screening requirements. Dyer asked if there was a sidewalk along Orchard Street and Howard replied that there is currently a sidewalk on Orchard Street. Eastham asked if the City could do anything to assist the owner with signage to direct customers to the Orchard Street access since it won’t be obvious from either Benton Street or Riverside Drive that there is access off Orchard Street. Howard said there are allowances for directional signage that could be used by the applicant. Eastham also shared a couple of questions he received in a letter from Paula Swygard. One was in regards to lighting and if the form-based code standards for lighting are adequate for this type of use and protect disruption to neighboring properties. Howard said the Riverfront Crossings Plan uses the City Code lighting standards that were just updated in 2005 and for gas stations there are under-canopy standards that lights have to be inset into the canopy and there Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 8 of 18 is cutoff lighting along the edge of the property so staff feels it is adequate. Eastham also said Swygard asked about the canopy height. Howard said the applicant could answer that and additionally the Board of Adjustment will look at those specifics and impose conditions if they see a need. Dyer asked what the landscaping requirements were on the north side of the property which would be adjacent to the new apartment buildings being constructed. Howard replied that the Riverfront Crossings requires S2 screening between properties, however for quick vehicle servicing properties Staff will be recommending a higher screening standard along that property line and have discussed it with the applicant and it will be part of the Board of Adjustment application. Howard said there is a 7 foot setback proposed now, the City requires 5 foot, but feels the recommendation to the Board of Adjustment will be 10 feet. Freerks opened the public hearing. Siobhan Harman (Kum & Go) said the staff report reflects their understanding of the project. She wanted to note that this new store would be a brand new store type that has not been seen before, it is a new prototype. They hope to build 9 of these new stores this year, they have 498 stores in their network. This would be the first new Kum & Go to be built in Iowa City as all other stores were acquisitions of existing convenience stores. The store they are replacing down the street is 40 years old and the underground tanks are 30 years old, so they are anxious to build this new store. Harman also noted this new store would be much more pedestrian friendly. There will be a nice patio at the front of the store on Riverside Drive and there will also be indoor seating and a kitchen with more fresh food options than in other Kum & Go stores. She also noted that all of their new stores are Leed certified and this store will be so also. In regard to the canopy height, Harmon said the clear- height on the canopy is 15 feet and will work with a lighting consultant to make sure they meet lighting codes but it is standard that at the lot lines they are at zero foot candles. As for the landscaping on the north property line Kum & Go will work with the multi-family building developer because they also have a landscaping requirement so they will coordinate their efforts to make it look uniform and it will be double the size of what is required since they will be working together. Dyer asked about a certain diagonal area shown on the site plan. Harmon said that was the trash enclosure, but with closing the entrance on Benton Street and moving it to Orchard Street that trash enclosure area would go away. They need it to be convenient for the trash removal company. Wherever the trash enclosure area is, it will be enclosed and landscaped appropriately. Freerks mentioned that the west elevation has no windows and asked if there would be security cameras in that area. Harmon confirmed yes, they will have security cameras all around the exterior of the building. She mentioned that it is difficult to have windows on three, let alone all four, sides of a convenience store due to storage and design. Dyer asked if there was anything that could be done to enhance the view of the building from that side, since there would be no windows. Harmon said they may put a statue of their logo there and there would be quite a bit of landscape screening along that side as well. Freerks closed the public hearing. Eastham moved to recommend approval of REZ15-00015, a proposal to rezone approximately 1.45 acres of property located at the northwest corner of South Riverside Drive and West Benton Street from Community Commercial (CC-2) to Riverfront Crossing-West Riverfront (RFC-WR), subject to the following conditions to address traffic and Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 9 of 18 pedestrian safety issues caused by the subject rezoning: • Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of the property to the City in order to widen the public right-of-way along Riverside Drive and Benton Street; • Closure of the existing curb cut on Benton Street; • Consolidation of the two drives on Riverside Drive into one access point in a location further from the intersection as determined by the City; and • Consolidation of the two drives on Orchard Street into· one access point in a location that best meets on and off-site traffic safety and circulation needs as determined by the City. Parsons seconded the motion. Freerks noted that it is nice to see a gas station proposed that is so pedestrian friendly and it will be good for the neighborhood. Eastham noted that the applicant has done a good job with adapting their building design to this location and to bring a new store design to Iowa City. A vote was taken and the motion carried 6-0. REZONING ITEM (REZ15-00016): Discussion of an application submitted by HD Capital Partners, LC for a rezoning in the Community Commercial (CC-2) zone to amend a previous Conditional Zoning Agreement to allow building placement different from the adopted concept plan for approximately 1.85 acres of property located between Westbury Drive, Eastbury Drive, and Middlebury Road. Yapp explained that this property was annexed and rezoned in 2001 and as part of that rezoning a conditional rezoning was approved which required general conformance with a concept plan and be designed to create a "Main Street or Town Square style commercial center'' incorporating features such as on-street parking and parking lots behind buildings. The property is zoned community commercial and the applicant is not requesting a change from that zoning designation. They are requesting an amendment to a conditional rezoning agreement. The applicant had proposed some development concepts for the property and staff determined that they did not comply with the adopted concept plan and recommended that if the applicant wanted to proceed they should apply for a rezoning to amend that conditional zoning agreement. Going through this process also ensures for public comment and input on the proposed design since it is now different from what was adopted. The adopted concept plan shows buildings on this property fronting on all four sides of the square, very shallow building depths, and parking in the middle of the property. The proposed development has been designed with a town square design due to the street network, but the applicant is proposing a change in the site development. Yapp showed pictures of the area from various views. The applicant is proposing a medical clinic which would be located on the northern half of the property. To help meet the spirit and intent of the town square style design the site is designed with a significant amount of perimeter landscaping, significant setback of the proposed parking lot (25 – 30 feet from the property line), berming around the perimeter of the parking lot, and to allow on street parking on two sides of the square and improve the on street parking on the west side of the property. They would add tree islands along the on street parking bays as well as street trees along the perimeter of the property. Staff did request the applicant add Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 10 of 18 additional entrances to the building including an entrance at the round-about. The applicant has expressed concern with that entrance for privacy and safety concerns since this will be a medical clinic. Staff still feels a building entrance should be located there, even if it is not a public entrance. Staff believes the entrances are important because the life of the building will likely outlast the life of the occupant, or the current use of a medical clinic. So when different uses come into the building over time it is important to have those additional entrances. Yapp showed images of the elevations of the proposed building. Staff recommends approval of REZ15-00016, to conditionally rezone the property to CC-2 subject to conformance of the concept plans shown at the meeting tonight. Parsons asked about the entrance facing the round-about and if it would be just an emergency exit or if it was required to also be an entrance. Yapp replied that it must be an emergency exit due to fire code, and the applicant prefers it be a staff entrance only, with key card access. Freerks opened the public hearing. Kevin Digmann (HD Capital Partners) stated that this medical clinic is proposed to be a University of Iowa Family Practice clinic which will be privately built and furnished and then leased back to the University so it will be a taxable property. Digmann discussed the reasoning for the building design and the change from the original concept. The original concept was narrow skinny buildings but that would not be conducive to the type of clinic the University needs. The entrance issues are due to HIPPA regulations and safety concerns and to eliminate confusion with patients on what door to use as an entrance. Digmann stated that the University has worked with the City on the landscape design. Eastham asked if the architect could go into detail regarding the building elevations, since the building design seems a little stark along the street side with quite an extent of blank walls. Kristina Mehmen (Invision Architecture) stated that the elevations shown this evening are very early renderings and may not totally reflect what the building will look like when complete. Freerks commented that the proposed structure felt less pedestrian-oriented than the original proposal for this area. Mehmen said that the building will be similar to the one being constructed at the North Dodge location, similar design and materials. There will be limestone and synthetic wood on the exterior which will give warmth to the building. Mehmen noted that with regards to windows, there is a balance due to privacy issues with a medical clinic. Digmann noted that various options could be used to break up the façade and make the building more pedestrian friendly. Hensch asked about parking, noting that area is a high demand parking area at certain hours of the day and asked if neighboring businesses would be allowed to use the parking lot. Digmann replied that yes, the intention is to allow neighboring businesses to use the parking lot in evenings and weekends when the medical clinic is not open. Dyer asked about the possibility of putting some picnic benches along parking areas. Mehmen noted that in the image showing the berm landscaping it shows there will be benches along the berm. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 11 of 18 Dyer also noted that the townhouses across the street were not built with the intention of being across from an institutional building. Digmann noted that the berm would break up the view from the townhouses to the building. Additionally this new design puts the building 300 feet away from the townhouses as opposed to 20 feet away. Dyer appreciated that, however feels the owners of the townhomes were expecting retail and restaurants, not a medical clinic, across the street. Digmann said they did hold a good neighbor meeting and received positive comments and feedback. Digmann also noted that if the original plan was adopted for the narrow buildings the developer would have to find 10-15 tenants to fill the space and in this small neighborhood area that is unlikely. Martin agreed as the property has been undeveloped since 2001. Brian Flynn (Blackstone owner and President of the Old Towne Village Association) said that when they opened Blackstone in 2007 they expected the area to develop more and feels now that this proposal is positive for the area. He also feels this will create more pedestrian traffic in the area, as there is none now. Freerks agreed and stated that this area of land connects the two existing parts of the area so that is why the design of the building is so important and that it fits into the neighborhood. Yapp noted in regards to parking the streets on the north, east and west sides of the project are private streets so for on street parking the city views it similar to shopping center parking and that all the parking spaces are available to everybody in the area. Hektoen noted that when the staff report was written they had not received the information on the building elevations so recommends that the approval be conditional on the site plan document and not on the preliminary renderings or architecture. She said the site plans addresses the concerns about the access points, entrances, and landscaping, but if the Commission wanted there to be improvements to the building designs they should not condition it on the building elevations that were submitted. In response to Commission discussion about how to move forward with the approval without waiting for new building elevations, Howard said that one option would be to require a design review as a condition of approval. Digmann noted that they could bring updated site elevations to the next meeting. Freerks explained that if the Commission votes tonight, the applicant does not need to come before the Commission again. If a condition of design review is imposed, then Staff would need to approve. Eastham asked if it was the same group that was building the clinic on North Dodge Street. Digmann said it is the same architect and design team but different developer and construction crew. Howard noted that both her and Yapp are on the Design Review Committee (a staff committee) so it should not be problem to take the project through the design review process since they are already familiar with the project. Freerks closed the public hearing. Dyer moved to recommend approval of REZ15-00016, to conditionally rezone the property Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 12 of 18 to CC-2 subject to the following conditions; development shall be in substantial compliance with the August 5, 2015 concept site plan and design review. Hensch seconded the motion. Freerks noted this is a great step to complete this area, and although the area has not developed as quickly as once thought, what has gone into the area has been really successful. A vote was taken and the motion carried 6-0. REZONING ITEM (REZ15-00017): Discussion of an application submitted by submitted by Ed Cole for a rezoning to amend a Planned Development Overlay Plan (OPD/RS-12) to allow the addition of 38 manufactured housing units to Cole's Community Mobile Home Park located at 2254 South Riverside Drive. Howard presented the staff report noting that the Commission has heard about this particular development recently and based on the concerns expressed at previous meetings the applicant has modified their plan and can speak to those details. One modification is to extend the sidewalk on the south side of the entry road that will provide a pedestrian connection to the bus stop, mailboxes and other common facilities with the development. Additionally the issue with the waiver request for the lot sizes is null as they have reduced the number of proposed units to accommodate the required lot sizes of 5000 sq. ft. minimum. Finally they have considered more carefully the storm shelter and have identified two locations for possible storm shelters and will accommodate the entire park population and can also be used for community events and such. As mentioned in previous meetings, the applicant is providing a number of amenities to the residents, a proposed recreation area and playground. Finally the applicant is proposing screening around the dumpster area. Staff recommends approval of REZ15-00017, a rezoning to approve a Preliminary Planned Overlay Plan for a 14.36-acre Planned Development Overlay - High Density Single Family Residential (OPD/RS-12) zone located east of Riverside Drive and north of McCollister Boulevard subject to: 1. The two existing properties (former Thatcher and Baculis parks) being combined into one lot. 2. Resurfacing of the entrance road to the point of the new private street including a 5 foot sidewalk on the south side of the street. 3. City Engineer approval of grading and drainage plans at time of final site plan approval. Howard has spoken to the City Engineer’s office and while they still have to submit some final drainage calculations they felt the plan was in good shape to meet all the storm water management needs. Eastham asked Howard for assurance that this application meets all the requirements for the flood plain management standards in article J of chapter 14 of the zoning code. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 13 of 18 Howard said it would meet all the standards of the flood plain ordinance, which is a standard requirement of any development. Eastham noted that manufactured housing needs to be anchored to permanent foundations, and asked if the City can assure that compliance. Howard said that would have to be answered by Julie Tallman, the flood plain ordinance expert. Yapp noted that inspection staff does inspect mobile homes before issuing a certificate of occupancy. Dyer asked about the note in the staff report about moving a dwelling that is close to the sidewalk when the current tenant moves out and if that was enforceable. Yapp said it is not enforceable and that is why it was not included as a condition. Eastham asked if there was a way for the City to enforce the requirement for the storm shelter to be constructed as it is not a condition of the rezoning. Howard said this is a planned development so anything that is shown on the planned development plan has to be constructed according to that plan. Eastham asked if the shelter would need to be constructed before any new units could be occupied. Yapp replied yes as it is considered a public improvement just like streets and sidewalks. Eastham noted an ex-parte communication he had with Mark Patton, Director of Iowa Valley Habitat for Humanity, and asked Patton if Habitat for Humanity would ever develop homes in this particular location due to the proximity to the flood prone area and Patton replied that while it would not be their first choice of location, if flood insurance could be provided at a reasonable cost they would consider it. Ed Cole (1205 Laura Drive) stated he asked the homeowner in the home next to the sidewalk about the possibility of moving his home to accommodate the sidewalk and he was not willing to move but did not care if there was a sidewalk right next to his property. Cole also noted that the recreation area has an adjacent field with a soccer field which is used daily by the resident’s children. He said their goal is to create a nice safe family community. Cole has spoken with Tallman about the storm shelter and said there is an on-site manager at all times. Freerks closed the public hearing. Hensch moved to approve REZ15-00017 a rezoning to approve a Preliminary Planned Overlay Plan for a 14.36-acre Planned Development Overlay - High Density Single Family Residential (OPD/RS-12) zone located east of Riverside Drive and north of McCollister Boulevard subject to: 1. The two existing properties (former Thatcher and Baculis parks) being combined into one lot. 2. Resurfacing of the entrance road to the point of the new private street including a 5 foot sidewalk on the south side of the street. 3. City Engineer approval of grading and drainage plans at time of final site plan approval. Parsons seconded the motion. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 14 of 18 Freerks mentioned that this new application addressed all the concerns the Commission had regarding this project. Parsons agreed. She also feels the storm shelter will be a benefit for the community atmosphere. Eastham agreed that the changes help the plan meet the major issues with this location however it is in a flood prone area and there is no way to get away from that. Parkview Terrace was built in the early 1960s and was built with the feeling that the Coralville Dam would protect those areas from future flooding which has not been the case. The City and Federal Government just completed a levee close to this project, intended to prevent future flooding but there is no guarantee that levee will hold against future flooding. Eastham is aware of the need for affordable housing but does not feel it should be in a flood prone area. Yapp noted that in the flood prone areas the Code requires the first floor area to be one foot above the 500 year flood plain level. Hensch noted his appreciation of the applicant to listen to the concerns of the Commission and address the things they could reasonably address. A vote was taken and the motion carried (4-2 Eastham and Martin dissenting). ANNEXATION I REZONING ITEM (ANN15-00001/REZ15-00014): Discussion of an application by CBD, LLC for annexation of 18.6 acres and rezoning from County Multi-Family Residential (RMF) to Low Density Multi-Family (RM-12) for approximately 1.91 acres and Low Density Single Family (RS-5) for approximately 16.75 acres of property located west of Churchill Subdivision, south of Herbert Hoover Highway. Yapp stated that this item was deferred at the July 16 meeting to allow further discussion of staff’s recommendation that a sidewalk be required along Herbert Hoover Highway to connect this property with Olde Towne Village. Staff and the applicant have discussed standards for the sidewalk. Staff agrees that we will allow flexibility from the standards to allow the alignment to avoid existing utilities that are not feasible to move. The flexibility in our standards will not be for the pavement width, thickness, etc. The flexibility in our standards will only be for the alignment, location and elevation of the sidewalk, and the final alignment should be subject to approval by the City Engineer. Staff recommends approval of ANN15-00001 and REZ15-00014, an annexation of approximately 18.66 acres and a rezoning from County Multi-Family Residential (RMF) to 1.91 acres of Low Density Multi-Family Residential (RM-12) and 16.75 acres of Low Density Single Family Residential (RS-5) for the property located south of Herbert Hoover Highway, subject to a Conditional Zoning Agreement stipulating: 1. The owner/developer will be responsible for providing sanitary sewer and water service to this property. 2. Approval of a development plan for the RM-12 zone, including a landscaping plan, exterior building designs, and site plan by the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 15 of 18 properties and appropriate development appearance for an entranceway to the City, will be required prior to approval of a building permit. 3. The payment of fees required for the upgrade of Herbert Hoover Highway. 4. The owner/developer will install a sidewalk along Herbert Hoover Highway to connect to Olde Towne Village, with the location and design of the sidewalk to be approved by the City Engineer. Dyer asked if it would be a permanent sidewalk. Yapp replied it would be a semi-permanent sidewalk in that there are no current plans to reconstruct Herbert Hoover Highway at this time. Perhaps in 15 or 20 years from now Herbert Hoover Highway may be reconstructed and at that time an actual permanent sidewalk would be put in. Because that is so far in the future is why Staff believes it is important now to have a concrete sidewalk installed. Freerks opened the public hearing. Duane Musser (MMS Consultants) representing the applicant agrees with the Staff report and acknowledged that the main concern was the sidewalk and having the flexibility to try and work around some of the existing utilities. There are several large utility poles and telephone boxes, the area goes in and out of city versus county properties and concerns were stated at the good neighbor meeting from neighbors that are not interested in annexing into the city about a sidewalk on their property. Martin asked if Musser works with both the County and the City on these projects that cross multiple municipals. Musser said they do work with both for permits for water mains and such items that need to go through the County right-of-ways. Freerks closed the public hearing. Eastham moved for approval of ANN15-00001 and REZ15-00014, annexation of approximately 18.66 acres and a rezoning from County Multi-Family Residential (RMF) to 1.91 acres of Low Density Multi-Family Residential (RM-12) and 16.75 acres of Low Density Single Family Residential (RS-5) for the property located south of Herbert Hoover Highway, subject to a Conditional Zoning Agreement stipulating: 1. The owner/developer will be responsible for providing sanitary sewer and water service to this property. 2. Approval of a development plan for the RM-12 zone, including a landscaping plan, exterior building designs, and site plan by the Design Review Committee to ensure Comprehensive Plan policies regarding compatibility with lower density residential properties and appropriate development appearance for an entranceway to the City, will be required prior to approval of a building permit. 3. The payment of fees required for the upgrade of Herbert Hoover Highway. 4. The owner/developer will install a sidewalk along Herbert Hoover Highway to connect to Olde Towne Village, with the location and design of the sidewalk to be approved by the City Engineer. Martin seconded the motion. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 16 of 18 Parsons mentioned at the last meeting the discussion of the possibility of annexing the land to the west of this area and wondered if that was planned. Yapp said there has not been an application for that area, but the City has heard interest of possible annexation from a potential developer of that property. That interest has since waned and there have been no applications. Freerks said she felt this would be a nice addition to the area and it was nice to see the compromise here for the sidewalk. A vote was taken and the motion carried 6-0. COMPREHENSIVE PLAN ITEM: Consider a motion setting a public hearing for August 20 for discussion of an amendment to the Comprehensive Plan to add a three block area, bounded by Burlington St, Gilbert St, Iowa Ave and Van Buren St, to the Downtown District section of the Downtown and Riverfront Crossings Master Plan. Martin noted that she serves on the Board of Directors for an organization that is housed within 200 feet of this area. Eastham asked if the Commission was to also hold the South District Comprehensive Plan on August 20 and wondered if the South District Plan discussion could be delayed. Yapp agreed that was a good point. Freerks noted there would not likely be much overlap of interested parties for both discussions. Yapp said he would be comfortable with delaying either discussion, but noted that the South District Plan has been on the agenda for a while. Hektoen said the Commission has already considered a motion on the South District Plan to hold discussion on August 20. Yapp stated that deferring this Comprehensive Plan Item until September 3 would be fine, and that he would still proceed with getting the documents on the website. Eastham moved to set a public hearing for September 3 for discussion of an amendment to the Comprehensive Plan to add a three block area, bounded by Burlington St, Gilbert St, Iowa Ave and Van Buren St, to the Downtown District section of the Downtown and Riverfront Crossings Master Plan. Parsons seconded the motion. A vote was taken and the motion carried 5-0 (Martin abstained). CONSIDERATION OF MEETING MINUTES, JULY 16, 2015: Eastham moved to approve the meeting minutes from the July 16, 2015 meeting. Dyer seconded the motion. A vote was taken and the motion carried 6-0. Planning and Zoning Commission August 6, 2015 – Formal Meeting Page 17 of 18 PLANNING & ZONING INFORMATION: Yapp noted that at the City Councils work session last week the Council discussed term limits for Boards and Commissions. This was in the context trying to encourage more diversity on Boards and Commissions, and feedback that current term limits are sometimes too long to attract applicants. Yapp said there was no formal action taken, Yapp just wanted to make the Commission aware of the discussion and to ask if there was any feedback. Hensch asked if the Council wants to shorten the length of the appointments or limit the number of appointments one individual can do. Yapp said both. Hensch stated that shortening the length of the appointment could be a detriment, as he feels the learning curve is very steep. Freerks agreed. Hensch said limiting the number of terms is understandable. Eastham agreed that five year terms for this Commission is necessary but could limit the number of terms to two although he’s not a big fan of term limits. There was consensus that five-year terms were appropriate for the Planning and Zoning Commission. ADJOURNMENT: Eastham moved to adjourn. Martin seconded the motion. A vote was taken and carried 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2014 - 2015 FORMAL MEETING 9/2 9/18 10/2 10/16 11/6 11/20 12/18 1/15 2/5 2/19 3/19 4/2 4/16 5/7 5/21 6/4 7/2 7/16 8/6 8/20 DYER, CAROLYN X X X X X O/E X X X O/E X X X X X X X X X EASTHAM, CHARLIE X X X X X X X X X X X X X X X X O/E X X FREERKS, ANN X X X X O/E X X X X X X X X X X X X O/E X HENSCH, MIKE -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X MARTIN, PHOEBE X X X X X X X X O/E X X X X X X X X X X PARSONS, MAX -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X SWYGARD, PAULA X X X X X X X X X X X X O -- -- -- -- -- -- THEOBALD, JODIE X X X X X X X X X X X X X X X X X X O/E THOMAS, JOHN O/E X O/E X X X X X X X X X X -- -- -- -- -- -- INFORMAL MEETING NAME TERM EXPIRES 2/3 3/15 5/18 DYER, CAROLYN 05/16 X X X EASTHAM, CHARLIE 05/16 X X X FREERKS, ANN 05/18 X X X HENSCH, MIKE 05/19 -- -- X MARTIN, PHOEBE 05/17 X X X PARSONS, MAX 05/19 -- -- X SWYGARD, PAULA 05/15 X X -- THEOBALD, JODIE 05/18 X X X THOMAS, JOHN 05/15 X X -- KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member