HomeMy WebLinkAboutP&Z Packet 02-15-18
Date: February 15, 2013
To: Planning and Zoning Commission
From: Wendy Ford, Economic Development Coordinator
Re: Proposed Foster Road Urban Renewal Area
Presented for the Planning and Zoning Commission’s review is the proposed Foster Road
Urban Renewal Plan. The urban renewal plan is proposed for the purpose of and the
prerequisite to establishing a tax increment financing district. State Code requires that prior to
the City council holding a public hearing on a new urban renewal area, the Planning and Zoning
Commission must review and submit a written recommendation about the urban renewal plan to
the City Council regarding its conformity with the Iowa City Comprehensive Plan.
Conformity with the Comprehensive Plan
As noted in the staff report submitted with the rezoning application considered in January, the
proposed development appears to generally comply with the Comprehensive Plan policies. With
the approval of the OPD zoning, the applicant will build Foster Road, which will improve traffic
circulation in the northern part of the city. As forecast in the North District Plan, the applicant is
seeking City assistance through Tax Increment Financing to assist in construction of Foster
Road, including a complete connection from Prairie Du Chien Road to Dubuque Street. The
proposed development clusters buildings and preserves open space and sensitive areas as
envisioned in the North District Plan. The density is relatively low and therefore addresses the
Comprehensive Plan concern that existing High Density Single RS-12 zoning in this area may
encourage development that is too intense.
Urban Renewal designation allows for tax increment financing (TIF)
TIF is a mechanism that may be used to finance projects within a designated urban renewal
area. The difference between taxes derived from the unimproved property and those derived
after is the increment of taxes which may be pledged by a City to retire loans, advances, bonds,
or other indebtedness incurred by a developer or the city in furtherance of the development.
Chapter 403 of the Code of Iowa sets forth the provision of tax increment financing. To establish
a TIF district, a city must first prepare an urban renewal plan for a specific urban renewal area.
A city may designate an urban renewal area as either a “blighted,” “slum,” or “economic
development” area, each of which s defined in Chapter 403. The Foster Road Urban Renewal
Plan will be an Economic Development Area appropriate for public Improvements related to
Non-LMI (low to moderate income) housing. This type of urban renewal area is for an area
where the City desires to help fund the cost of public improvements that support residential
development which is not being constructed for LMI housing. It is the only instance in which the
Iowa Code allows the use of TIF in an economic development (non-blighted) area for non-LMI
residential development and it comes with two distinct conditions not applicable to other Urban
Renewal Areas:
February 9, 2018
Page 2
1) It requires that the municipality set aside a portion of the tax increment to provide assistance
for LMI Housing in any area of the community. LMI is defined as those households earning
no more than 80% of area median income (AMI) and the set aside must be equal to or
greater than the percentage of LMI persons in the county, which today in Johnson County is
45%. This results in the City’s ability to use the other 55% of the increment for the public
infrastructure project. In Iowa City’s case, the 45% would be used to fund initiatives in the
Affordable Housing Action plan that provide housing for households earning no more than
80% AMI. It is important to note that the City does not currently have a sustainable
affordable housing revenue source and this project, because of the type of urban renewal
plan, would create one lasting ten years.
1) It has a 10-year life and then ends. This means that TIF funds for the City’s commitment to
the road project would have to be generated in ten or fewer years from no more than 55% of
the increment in the district. If the increment created by the developers is ultimately
insufficient to cover the City’s portion of the road costs in the 10-year window, that risk
remains with the developer.
Goals of the Foster Road Urban Renewal Area
The overall goal of this Plan is to encourage the development of the area with senior and
multifamily housing units by partnering in the construction of public improvements related to
such housing and residential development. Further goals include:
1. Meeting the needs of special elements of the population, such as the elderly or persons
with disabilities;
2. To encourage and support development that will expand the taxable values of property
within the Urban Renewal Area;
3. To provide for the orderly physical and economic growth of the city;
4. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403;
5. To provide a suitable living environment through safer, more livable and accessible
neighborhoods, and increased housing opportunities; and
6. To help finance the cost of constructing public utility and infrastructure extensions and
improvements in support of residential development.
7. To improve the health, safety, living environment, general character, and general welfare
of Iowa City, Iowa.
8. To stimulate, through public action and commitment, private investment in new
residential development.
9. To increase the availability of housing opportunities; which may in turn attract and retain
local industries and commercial enterprises that will strengthen and revitalize the
economy of the State of Iowa and the City of Iowa City.
February 9, 2018
Page 3
10. To promote development utilizing any other objectives allowed by Chapter 403 of the
Code of Iowa.
The following objectives derived from these goals are hereby established:
1. Use any or all other powers granted to the City by the Urban Renewal Act to develop
and provide for improved economic conditions in the City and the State of Iowa;
2. To connect neighborhoods, reducing transportation time, allowing greater access for
pedestrians, bikers and public transportation; and
3. Open opportunities for development of single and multi-family residential units for those
with special needs, as well as other uses that may be consistent with the
Comprehensive Plan and zoning code.
Next Steps
In addition to the Planning and Zoning Commission’s review and recommendation, the City
must also hold a consultation with representatives from the county and school district to provide
the taxing entities an opportunity to comment on the use of the incremental tax revenues. This
consultation will be held March 2 at City Hall.
After the consultation with the affected taxing entities the City Council will consider adoption of
the urban renewal plan at a Public Hearing scheduled for March 20.
Subsequently, a TIF ordinance will be adopted. A TIF ordinance enables the division of
incremental tax revenues from the base tax revenues in the event the City Council approves a
development agreement for the Foster Road project. A development agreement would outline
specific performance requirements by the developer.
Recommendation
Staff recommends that the Planning and Zoning Commission forward a written recommendation
to the City Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of
Iowa City.
Attachments: Foster Road Urban Renewal Plan
Foster Road
Urban Renewal Plan
City of Iowa City, Iowa
2018
Table of Contents
Section 1 – Introduction
Section 2 – Description of Urban Renewal Area
Section 3 – Area Designation
Section 4 – Base Value
Section 5 – Urban Renewal Plan Objectives
Section 6 – Proposed Urban Renewal Activities
Section 7 – Proposed Urban Renewal Projects
Section 8 – Conformance with Land Use Policy and Zoning Ordinance
Section 9 – Relocation
Section 10 – Financial Data
Section 11 – Urban Renewal Plan Amendments
Section 12 – Property Acquisition/Disposition
Section 13 – Effective Period
Section 14- Severability Clause
Addendum No. 1 – Legal Description
Addendum No. 2 – Location Map
Section 1- Introduction
This Urban Renewal Plan (“Plan”) for the Foster Road Urban Renewal Area (“Urban
Renewal Area” or “Area”) has been developed to help local officials promote economic
development within Iowa City, Iowa. The City has determined that the Area is appropriate
for public improvements related to housing and residential development. This Plan
contemplates that tax increment financing may be used to assist in the construction of
Foster Road from Dubuque Street east to Prairie du Chien. The primary goal of such
project is to stimulate construction of housing and residential development.
Development in this area is guided by the North District Plan and the
IC2030Comprehensive Plan, as amended. These plans note that some of the most
valued aspects of the North District pose the most challengesfor development. The steep,
rugged terrain makes road and residential construction difficult. They note that City
financial participation in the completion of the construction of Foster Road between
Dubuque Street and Prairie du Chien may be necessary, given these challenges.
To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the
urban renewal activities as specified in this Urban Renewal Plan, pursuant to the powers
granted to it under Chapters 15A and 403 of the 2017 Code of Iowa, as amended.
Section 2- Description of Urban Renewal Area
The legal description of this Urban Renewal Area is attached and incorporated herein as
Addendum No. 1 – Legal Description and depicted in Addendum No. 2 – Location Map.
Section 3- Area Designation
With the adoption of this Plan, Iowa City designates this Urban Renewal Area as an
economic development area appropriate for public improvements related to housing and
residential development. Therefore, in accordance with Iowa Code Section 403.22, a
percentage of the incremental revenues (or other revenues) generated by the
development must be used to provide assistance to low and moderate income (LMI)
households. LMI households are those whose incomes do not exceed 80% of the median
Johnson County income. The amount of incremental revenues (or other revenues) to be
provided for LMI housing in the community shall be either equal to or greater than the
percentage of the original project costs (i.e., the amount of TIF funds used to reimburse
infrastructure costs serving the housing development in the Area) that is equal to the
percentage of LMI households living in Johnson County. That percentage is currently
44.83,
The requirement to provide assistance for LMI housing may be met by one or more of the
following three options:
1. Providing that at least 45% of the units constructed in the Area are occupied by
LMI households;
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2. Ensuring that 45% of the housing units constructed within the Area are priced at
amounts affordable to LMI households; or
3. Setting aside an amount equal to or greater than 45% of the project costs to be
used for LMI housing activities anywhere in the City. Such LMI housing activities
may include, but are not limited to:
a. Construction of LMI housing;
b. Owner/renter-occupied housing rehabilitation for LMI households;
c. Grants, credits, or other direct assistance for LMI households;
d. Homeownership assistance for LMI households;
e. Tenant-based rental assistance for LMI households;
f. Down payment assistance for LMI households;
g. Mortgage interest buy-down assistance for LMI households; and
h. Under appropriate circumstances, the construction of public improvements
that benefit LMI households.
Section 4- Base Value
If the Foster Road Urban Renewal Area is legally established, a Tax Increment Financing
(TIF) Ordinance is adopted, and debt is certified prior to December 1, 2018, the taxable
valuation within the area included in the TIF Ordinance as of January 1, 2017, will be
considered that area’s frozen “base value”. If debt is not certified until a later date or if a
TIF ordinance is not adopted until later, the “base value” will be the assessed value of the
taxable property within the TIF Ordinance area as of January 1 of the calendar year
preceding the calendar year in which the City first certifies the amount of any debt on the
Foster Road Urban Renewal Area.
Section 5- Urban Renewal Plan Goals and Objectives
The overall goal of this Plan is to foster the development of the Area through the use of
public and private resources for senior and multifamily housing units, as well as foster
construction of public improvements related to such housing and residential development.
Further goals include:
1. Meeting the needs of special elements of the population, such as the elderly or
persons with disabilities;
2. To encourage and support development that will expand the taxable values of
property within the Urban Renewal Area;
3. To provide for the orderly physical and economic growth of the city;
4. To provide other support as allowed under Iowa Code Chapters 15, 15A and 403;
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5. To provide a suitable living environment through safer, more livable and accessible
neighborhoods, and increased housing opportunities; and
6. To help finance the cost of constructing public utility and infrastructure extensions
and improvements in support of residential development.
7. To improve the health, safety, living environment, general character, and general
welfare of Iowa City, Iowa.
8. To stimulate, through public action and commitment, private investment in new
residential development.
9. To increase the availability of housing opportunities; which may in turn attract and
retain local industries and commercial enterprises that will strengthen and
revitalize the economy of the State of Iowa and the City of Iowa City.
10.To promote development utilizing any other objectives allowed by Chapter 403 of
the Code of Iowa.
The following objectives derived from these goals are hereby established:
1. Undertake and carry out the urban renewal project set forth in Section 7 below;
2. Use any or all other powers granted to the City by the Urban Renewal Act to
develop and provide for improved economic conditions in the City and the State of
Iowa;
3. To connect neighborhoods, reducing transportation time, allowing greater access
for pedestrians, bikers and public transportation; and
4. Open opportunities for development of single and multi-family residential units for
those with special needs, as well as other uses that may be consistent with the
Comprehensive Plan and zoning code.
Section 6 - Proposed Urban Renewal Activities
To meet the objectives of this Urban Renewal Plan, the City intends to utilize the powers
conferred under Chapter 403 and Chapter 15A, Code of Iowa, the City may engage in the
following proposed Urban Renewal Activities:
1. Execute development agreements, retain the services of qualified professional
consultants and execute any other contracts and instruments necessary to achieve
the Plan Goals, Objectives and Projects.
2. Make or have made surveys and plans necessary for the implementation of the
Urban Renewal Plan or specific urban renewal projects.
3. Tax Increment Financing. To the full extent allowed by Iowa Code Chapter 403
and Division III of Chapter 384, the City may issue general obligation bonds, tax
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increment revenue bonds, internal loans or such other obligations or loan
agreements, and seek tax increment reimbursement for, among other things, the
costs of urban renewal projects (if and to the extent incurred by the City), including,
but not limited to:
a. Constructing public improvements, such as streets, sidewalks,
sanitary sewers, storm sewers, water mains, utilities or other related
facilities.
b. Providing the local matching share of state or federal grant and loan
programs.
c. Making loans or grants or other incentives related to urban renewal
projects.
d. Other authorized urban renewal projects.
4. To acquire property through a variety of means (purchase, lease, option, etc.) and
to hold, clear, or prepare the property for redevelopment.
5. To dispose of property so acquired.
6. To arrange for, or cause to be provided, the construction or repair of infrastructure,
including but not limited to, streets, sidewalks, water mains, sanitary sewer, storm
water drainage, gas and electric utilities, street lighting, or other public
improvements in connection with urban renewal projects.
7. To vacate, dedicate, or obtain certain public roadways, or utility easements when
deemed necessary to provide access to new and/or residential developments.
8. To provide for relocation of persons, businesses, and industries displaced by the
project, if necessary.
9. To make loans, forgivable loans, tax rebate payments, or other types of grants or
incentives to private persons, organizations, or businesses for economic
development purposes or residential projects, on such terms as may be
determined by the City Council.
10.To borrow money and to provide security therefor.
11.To use any or all other powers granted by the Urban Renewal Act to develop and
provide for improved economic conditions for the City of Iowa City and the State
of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to exercise any
lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter
427B, or any other provision of the Code of Iowa in furtherance of the objectives of this
Urban Renewal Plan.
The Council’s determination to undertake any of these activities shall be based upon its
economic development policy, which may be amended from time to time, as necessary
in Council’s discretion, and on additional performance criteria the Council finds
appropriate on a case-by-case basis.
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Section 7 – Proposed Urban Renewal Projects
A. Public Improvements and Related Development Agreement:
Under authority granted by the Plan, the City anticipates entering into a Development
Agreement (the "Agreement") with University Lake Partners II, LLC (the “Developer”).
The Agreement would obligate the Developer to construct certain Minimum
Improvements (as defined in the Agreement) on certain real property located within the
Urban Renewal Area as defined and legally described in the Development Agreement,
consisting of the construction of an approximate 53-unit senior living residential building
and approximately 59 townhomes in a mix of duplex, three-, four-, five-, and one seven-
plex configuration, under the terms and following satisfaction of the conditions set forth in
the Agreement. The Agreement further proposes that Developer will pay for the costs of
the Public Improvements supporting the project as described below:
Project Approximate
Date
Estimated
Cost
Rationale
Construction of Foster
Road public
infrastructure between
Dubuque Street and
Prairie du Chien Rd., as
part of a project to
construct and provide
access to a senior living
residential building and
townhomes.
2018-2019 Not to exceed
$4,000,000
Necessary infrastructure
for residential
development. Support
transportation network
that encourages walking,
biking, and public transit.
The Agreement would then obligate the City to make up to ten (10) consecutive annual
payments of Economic Development Grants to Developer consisting of 55% of the Tax
Increments pursuant to the Iowa Code Section 403.19 and generated by the construction
of private development within the urban renewal area, the cumulative total for all such
payments not to exceed the cost of the public improvements advanced by the Developer.
These grants will not be general obligations of the City but will be payable solely from
incremental property taxes generated by the private development.
Unless LMI housing is constructed as part of the project, the City will set aside 45% of the
Tax Increments pursuant to the Iowa Code Section 403.19 generated by the construction
of the Minimum Improvements and use those funds to support LMI housing anywhere in
the community.
The City expects to enter into a development agreement with Developer (or a related
entity or another entity) that provides detailed terms and conditions, not all of which are
included in this Plan.
B. Planning, Engineering, Attorney, and Administrative Fees, and Other Related
Costs to Support Urban Renewal Projects and Planning:
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Project Estimated Date Estimated
Cost to be
Funded with
TIF Funds
Fees and Costs 2017-2019 Not to Exceed
$100,000
Section 8- Conformance with Land Use Policy and Zoning Ordinance
A. Comprehensive Plan
This Urban Renewal Area is located within the North District, as designated in the adopted
IC2030 Comprehensive Plan, the City’s general plan for the physical development of the
City as a whole, and more particularly described in the North District Plan, a district-
specific comprehensive plan. The North District Plan Map shows the proposed extension
of Foster Road between Dubuque Street east to Prairie du Chien Road, noting that it
would provide an alternative east-west street route in this Area which may relieve traffic
pressure from Kimball Road and create new opportunities to connect existing
neighborhoods. It would further open up the possibility of new residential development in
this area, noting that development will be constrained by the rugged, wooded terrain and
the 100-foot wide gas pipeline easement that cuts across this neighborhood.
In sum, the goals, objectives and projects set forth in this Plan are in conformity with the
City’s Comprehensive Plans.
B. Current and Proposed Zoning and Land Uses
Currently the Urban Renewal Area is largely undeveloped green space, with rolling hills
and a few multi-family units, and zoned High Density Single Family (RS-12) as defined
by the Iowa City Zoning Code. This high density single-family residential zone is intended
to provide for development of single-family dwellings, duplexes and attached housing
units at a higher density than in other single-family zones. Because this zone represents
a relatively high density for single-family development, dwellings should be built in close
proximity to all city services and facilities, especially parks, schools and recreational
facilities. Special attention should be given to site design to ensure the development of
quality neighborhoods. Nonresidential uses and structures permitted in this zone should
be planned and designed to be compatible with the character, scale, and pattern of the
residential development. A sensitive areas overlay rezoning is anticipated in light of the
sensitive areas located in the urban renewal area.
Right-of-way for the Foster Road Extension Project described in Section 7 above, herein
has been dedicated to the City, though additional right-of-way or easements may be
necessary to construct the street and install the utilities. This Urban Renewal Plan does
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not in any way replace or modify the City’s current land use planning or zoning regulation
process.
Section 9- Relocation
For the proposed Foster Road Extension Project described in Section 7 above, the right-
of-way has been dedicated to the City with no residential uses thereon. The Area is largely
undeveloped, so the City does not expect there to be any relocation required as part of
the eligible urban renewal projects identified herein; however, if any relocation is
necessary, the City will follow all applicable relocation requirements as contemplated
pursuant to Iowa Code sections 403.5(4)(a) and 403.6(7).
Section 10- Financial Data
1. Constitutional Debt Limit: $ 267,511,393
2. Current general obligation debt: $ 51,645,000
3. Proposed amount of indebtedness to be incurred: Although a specific amount of
tax increment debt to be incurred (including direct grants, loans, advances, indebtedness,
or bonds) for projects over time has not yet been determined, it is anticipated that the cost
of the Proposed Urban Renewal Activities and Proposed Projects identified in Section 6
and 7 above will not exceed $3.5 and $4.1 million.In no event will debt be incurred that
would exceed the City’s debt capacity. It is further expected that loans, advances,
indebtedness or bonds to be incurred for the Proposed Project or subsequent projects,
including interest on the same, will be financed in whole or in part with tax increment
revenues from the Urban Renewal Area. The City Council will consider each request for
financial assistance or a project proposal on a case-by-case basis to determine if it is in
the City’s best interest to participate.
Section 11- Urban Renewal Plan Amendments
This Urban Renewal Plan may be amended from time to time for a number of reasons,
including, but not limited to changes in the boundary; to modify goals, objectives, or types
of activities; or to amend property acquisition and disposition provisions.
If the City of Iowa City desires to amend this Urban Renewal Plan, it shall do so in
conformance with applicable state and local laws.
Section 12 - Property Acquisition/Disposition
If property acquisition/disposition by the City becomes necessary to accomplish the
objectives of the Plan, such acquisition/disposition will be carried out, without limitation,
in accordance with the Iowa Code.
Section 13 - Effective Period
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This Urban Renewal Plan will become effective upon its adoption by the City Council of
Iowa City and will remain in effect as a plan until it is repealed by the City Council.
With respect to the property included within this Foster Road Urban Renewal Area, which
is also included in an ordinance which designates that property as a tax increment area,
the use of incremental property tax revenues or the “division of revenue,” as those words
are used in Chapter 403 of the Code of Iowa, is limited with respect to public improvement
projects related to non-LMI housing and residential development to ten (10) fiscal years
beginning with the second fiscal year after the year in which the municipality first certifies
to the county auditor the amount of debt which qualifies for payment from the division of
the revenue in connection with any such project.
The division of revenues from the Urban Renewal Area shall continue for the maximum
period allowed by law. It is also anticipated that separate TIF ordinances for separate
parcel(s) may be adopted as development in the Area warrants. In that case, each
separate TIF ordinance may have a separate base and separate sunset or expiration
date.
At all times, the use of tax increment financing revenues (including the amount of loans,
advances, indebtedness or bonds which qualify for payment from the division of revenue
provided in Section 403.19 of the Code of Iowa) by the City for activities carried out in the
Foster Road Urban Renewal Area shall be limited as deemed appropriate by the City
Council and consistent with all applicable provisions of law.
Section 14: Severability Clause
If any part of this Plan is determined to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the Plan as a whole or any part of the
Plan not determined to be invalid or unconstitutional.
Addendum No. 1
Legal Description
Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in Plat Book
3, Page 100; proceeding northeasterly along the south right-of-way line of Foster Road,
as shown in Exhibits A-1 and B-1 of the Condemnation records recorded in Book 3100,
Page 358; thence following said ROW line to its intersection with the East-West ¼ Section
line of NW ¼ of Section 3, Township 79N, Range 6W; thence East along said Section line
to the SE corner of the NE ¼ of the NW ¼ of Section 3, Township 79N, Range 6W; thence
continuing East along the East-West 1/4 section line to the SW corner of the NE 1/4 of
the NE 1/4 of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re-
subdivision of Lot 30, Conway’s Subdivision, Plat Book 17, Page 53; thence North along
the West line of Lot 30, Conway’s Subdivision, Plat Book 4, Book 253, to the Northwest
corner of Lot 25, Conway’s Subdivision, Plat Book 4, Page 253; thence northeasterly
along the North boundary of Conway’s Subdivision to the Northeast corner of Lot 15 and
continuing easterly to the eastern Prairie Du Chien Road ROW line; thence northwesterly
along the eastern ROW line to the Northeast corner of Auditor’s Parcel “A”, recorded in
Plat Book 32, Page 52, said line also being the South ROW of Interstate 80 as shown in
the Plat of Survey recorded in Book 32, Page 53 and as described in Book 4224, Page
896 and Book 2944, Page 267; thence West along the SouthI-80 ROW to the
Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said corner being
the intersection of the I-80 South ROW line and the East-West line between Section 3,
Township 79N, Range 6W and Section 34, Township 80N, Range 6W; thence East along
said section line to the Northwest corner of Auditor’s Parcel 2014052, Book 58, Page 324;
thence South along the West side of said Parcel to the Southeast corner of Pine Ridge
Subdivision, Plat Book 46, Page157; thence westerly along the south side of Pine Ridge
Subdivision to the Southwest corner of Lot 1, Pine Ridge Subdivision; thence
Southeasterly to the point of beginning.
Addendum No. 2
Location Map
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JANUARY 18, 2018 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Sara Hektoen, Bob Miklo,
OTHERS PRESENT: Mike Welch
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Freerks absent) the Commission recommends approval of REZ17-00017 an
application submitted by University Lake Partners II, LLC, for a rezoning of approximately 53.29
acres from High Density Single Family Residential (RS-12) zone to Planned Development
Overlay/High Density Single Family Residential (OPD/RS-12) for approximately 50.11 acres and
Commercial Office (C0 -1) zone for approximately 3.18 acres, located south of I-80 west of
Prairie Du Chien Road.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00017):
Discussion of an application submitted by University Lake Partners II, LLC, for a rezoning of
approximately 53.29 acres from High Density Single Family Residential (RS-12) zone to Planned
Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately
50.11 acres and Commercial Office (C0 -1) zone for approximately 3.18 acres, located south of I-
80 west of Prairie Du Chien Road.
Miklo began with a summary of the staff report from the December 21, 2017 meeting. The
property is south of Interstate 80 and west of Prairie Du Chien Road and would include the
extension of Foster Road to connect Prairie Du Chien Road and Dubuque Street. The area is
currently zoned high-density single-family residential, the proposal is to keep that zoning over
most of the property and apply a Planned Development Overlay Zone to allow clustering of
development away from the sensitive areas on the property which include wetlands, woodlands,
steep slopes and a stream corridor and leaving a large portion of the property open for private
open space. The proposal does include the rezoning of the area adjacent to Prairie Du Chien
Planning and Zoning Commission
January 18, 2018 – Formal Meeting
Page 2 of 5
Road and Interstate 80 to Commercial Office Zone which is in compliance with the
Comprehensive Plan as in this area the Plan discourages residential development and the
subdivision regulations prohibit residential building sites immediately adjacent to the interstate
due to health concerns related to noise and particulate matter. Miklo stated that the Commercial
Office Zone would allow light commercial uses such as office or a religious institution such as a
small church in that area. The development would consist of a series of townhouse style units
on four lots and then one larger lot for a 53-unit senior housing development. Miklo noted the
sensitive areas are being avoided for the most part, there is one exception being requested in
that the applicant is asking that the wetland buffer be decreased in some areas to the 50 feet
(rather than the required 100 feet) but in other areas would be increased. This is called wetland
buffer averaging. Staff has reviewed that exception and recommends approval of that
modification. There would be a large outlot (approximately 23 acres) that would be owned and
maintained by a Homeowners Association. The Parks and Recreation Commission looked at
this proposal and chose not to accept dedication of land, for a neighborhood park they would
rather have something flatter and more accessible. At the time of the final plat, fees would be
paid by the applicant in lieu of dedication of land.
Miklo stated the staff report originally recommended deferral while a number of items were
corrected or resolved. The application is now complete and all those items have been resolved.
As noted on page six of the December 21 staff report the plan is now correctly labeled as a
sensitive areas development plan, construction limits are clearly shown on the plan (demarking
where construction will occur and sensitive areas will be preserved), a sidewalk network is
illustrated on the plan, the wetland delineation has been reviewed by the Army Core of Engineers
and accepted, the protected slopes are labeled and clearly shown, the steep slopes are labeled
and clearly shown, an emergency turnaround has been added to the private street, and the City
has received elevation drawings. Staff has discussed some changes to the building facades to
break up and distinguish the buildings more. The applicant has agreed and will make those
changes on the plans before this application goes to Council. Miklo added that the senior
housing building will have underground parking.
Staff recommends approval of REZ17-00017 an application submitted by University Lake
Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single Family
Residential (RS-12) zone to Planned Development Overlay/High Density Single Family
Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (C0 -1) zone for
approximately 3.18 acres, located south of I-80 west of Prairie Du Chien Road.
Hensch questioned the altering of the wetlands buffer to 50 feet in some areas and if that was
common practice and had been done before in other applications. Miklo said it has been done
on two or three occasions, it is not very common. Hensch asked the objective for the decrease.
Miklo said it would allow for an increase in other areas where a larger buffer will be beneficial
and in exchange it decreases the buffer in other areas. In one area the buffer would be reduced
to allow for a retaining wall for the parking lot of the large senior housing building. In the areas
where the buffer is increased it will allow for better filtration of the other wetlands on the site.
Hensch asked where the water shed for this area was, where would all the water drain to. Miklo
showed a stream where the water would drain to, and then from the stream into the Iowa River.
Signs asked if this development would complete the connection of Foster Road from Prairie Du
Chien Road to Dubuque Street. Miklo confirmed it would, the applicant is required as part of the
Planning and Zoning Commission
January 18, 2018 – Formal Meeting
Page 3 of 5
approval of development to complete Foster Road to the edge of their development, however the
applicant feels that to make their development marketable they want to complete Foster Road all
the way to Dubuque Street to provide access to downtown and the University. Miklo added there
have been some discussions that the applicant would finance and build the road and then based
on the increase in tax increment they could be paid back for portions of the road that are not
adjacent to their property. That agreement would have to be part of an Urban Renewal Plan and
Developers Agreement which would be completed at a later stage. The Comprehensive Plan
contemplates something of that sort, it recognizes given the steep topography this would be an
expensive property for a developer to build, the overall density of this development is roughly 2
½ to 3 units per acre when you look at the overall property. Therefore, the Plan has noted there
may be a need for some City involvement in the development of Foster Road. The competed
street will be very beneficial for general circulation for the north side of Iowa City.
Hensch opened the public hearing.
Mike Welch (HBK Engineering) spoke on behalf of the applicant. Welch confirmed they are
working with the developer to redesign the rooflines and building facades to break up and
distinguish the buildings more. With regards to the road connection they submitted plans
yesterday to the City Engineering for the Foster Road connection and the applicant agrees that
to make this development work the connection is needed.
Dyer asked when the road was anticipated to be built. Welch said they are looking at starting
work on the road this spring.
Hensch stated that on the issue of wetlands, one of the things the Commission frequently hears
from people is how their property is wet, basements get wet, etc., and with so many slopes on
this site and wetlands, will the water be able to be contained onsite. Welch replied that in
general there is a waterway (stream) that parallels the Foster Road extension on the south side
and the water will discharge to that stream. For the most part the building grades are
significantly higher than the wetlands, in some areas they will be installing underground
chambers where there is not room for an at-grade detention. The underground chambers will
control the flow of water discharge.
Hensch also asked about the reducing of the buffer to 50 feet and why it was decided that would
be needed. Welch said the reductions were needed in areas where they had to have additional
area for driveways to allow them to achieve the density needed to make the development
succeed. Welch noted they worked with Earthview Consulting to identify the areas where buffers
should be increased and could be decreased so they could plan accordingly. Hensch asked if
there was any need to purchase any wetlands credit for this project. Welch replied it was all
done onsite as they are not actually removing any of the wetlands they are just adjusting their
buffers.
Hensch asked about flooding and if this area was in the 100 year or 500 year flood plains.
Welch said in 2008 near Hidden Meadow Drive there is a low point in the road and that did have
some water over it. He added they are working with Engineering and Public Works to set the
road elevation so that the road can remain open during a flood event.
Hensch closed the public hearing.
Planning and Zoning Commission
January 18, 2018 – Formal Meeting
Page 4 of 5
Theobald moved to approve REZ17-00017 an application submitted by University Lake
Partners II, LLC, for a rezoning of approximately 53.29 acres from High Density Single
Family Residential (RS-12) zone to Planned Development Overlay/High Density Single
Family Residential (OPD/RS-12) for approximately 50.11 acres and Commercial Office (C0
-1) zone for approximately 3.18 acres, located south of I-80 west of Prairie Du Chien Road.
Dyer seconded the motion.
Hensch reiterated that it appears all the concerns raised at the previous meetings have been
resolved.
Parsons added that the extension of Foster Road will be a benefit for the area and with all the
steep slopes on the area the clustering is a very effective use of the land.
Signs agreed on the clustering and the maximization of the space that is less valuable from an
ecological point.
Hensch added that this area looks difficult to develop due to the topography so this plan seems
to best meet the needs of the area and the extension of Foster Road is needed.
A vote was taken and the motion passed 6-0 (Freerks absent).
CONSIDERATION OF MEETING MINUTES: JANUARY 4, 2018
Signs moved to approve the meeting minutes of January 4, 2018
Theobald seconded the motion.
A vote was taken and the motion passed 6-0 (Freerks absent).
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Theobald moved to adjourn.
Signs seconded.
A vote was taken and motion carried 6-0.
PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017 - 2018 5/18 6/1 (W.S) 6/7 6/15 7/6 7/20 8/3 8/17 9/7 9/21 10/5 10/19 11/2 12/7 12/21 1/4 1/18 DYER, CAROLYN O/E X X X X X X X X X X X O/E X X X X FREERKS, ANN X X X X X X X O/E X X X X X O/E X X O/E HENSCH, MIKE X X O/E X X X X X X X X X X X X X X MARTIN, PHOEBE X X X O/E X X X X X X X X X X O/E O/E X PARSONS, MAX X X X X X X X X O/E X X X X X X X X SIGNS, MARK X X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X O/E X X X X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member