HomeMy WebLinkAboutP&Z Packet 06-07-18MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MAY 17, 2018 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Jodie Theobald
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT: John McKinstry, Michelle Swanson, Sara Barron, Andrew
Bockenstedt, Joel Kline, Don Cochran, Shannon Patrick, Alex
Carrillo, Charlie Eastham
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0 the Commission recommends approval of an amendment to the
Comprehensive Plan Annexation Policy to add a section pertaining to affordable housing as
described in the Staff Report.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING/DEVELOPMENT ITEM (REZ18-00013/SUB18-00006):
Discussion of an application submitted by North Dubuque, LLC for a rezoning of approximately
73.15 acres of land from Interim Development - Low Density Single- Family (ID-RS) zone, Low
Density Single-Family (RS-5) zone, and Planned Development Overlay/ High Density Single-
Family Residential (OPD/RS-12) zone to Planned Development Overlay/ High Density Single-
Family Residential (OPD/RS-12) zone for approx. 50 acres of property and Planned
Development Overlay I Highway Commercial (OPD/CH-1) zone for approx. 23 acres of
property. The applicant is also requesting approval of the preliminary plat of Forest View, a
73.15-acre subdivision, located north of Foster Road, south of 1-80, west of N. Dubuque Street,
east of Mackinaw Drive.
Freerks stated the applicant has requested that this item be deferred to the June 7 meeting, and
the intent of the Commission is to have no discussion, deliberation or decision making on item
this evening however she will open the public hearing if someone wants to make a statement.
Miklo stated Staff has received a revised plan they are reviewing, the goal is to work with the
applicant to have it in order for review on the June 7 meeting.
Freerks opened the public hearing.
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May 17, 2018
Page 2 of 16
John McKinstry (308 Ronalds Street) announced he is only speaking for himself as a citizen of
Iowa City. For many years when he was the pastor at First Christian Church the hosted a Head
Start Program that served mainly the families of Forest View Mobile Home Park. McKinstry is
speaking in favor of the redevelopment plan presented by North Dubuque LLC and Blackbird
Investments. A few weeks ago he heard Richard Rothstein speak of his recent book The Color
of Law in which he documents how explicitly federal policy for several decades intentionally
segregated neighborhoods by race. The close ties between racial, ethnic and economic
segregation have meant that as housing costs have risen dramatically in Iowa City, and all of
Johnson County, racial segregation has recently increased, as documented in the January 2017
report of The University of Iowa Public Policy Center. A University of Toronto study ranked Iowa
City at the 14th most economically segregated out of 350 metro areas in the United States.
McKinstry stated racially and economically diverse neighborhoods help support strong schools,
rising property values, and healthy community.
McKinstry does not want to call anyone in this room this evening a racist but he does believe
unless they take public policy steps such as moving away from exclusionary zoning toward
inclusionary zoning and form-based neighborhood design and allowing smaller lots and smaller
dwelling footprints, we will perpetuate the results of historic racism for black and Hispanic
families. The proposed redevelopment plan offers a path to homeownership for many families
which is not now available, home ownership stabilizes social ties, strengthens schools and
supports property values. These homes would meet the same safety and quality standards that
any new home in Iowa City must meet, homes that are not decent and safe are not affordable,
studies continue to show again and again affordable housing is not a burden on cities or
taxpayers, but rather increases property values and tax revenues. McKinstry stated the
proposed redevelopment will be beneficial to the residents of Forest View, to the entire
neighborhood, and to the entire City and County so he urge its approval.
Michelle Swanson (727 Mission Point Road) understands the Commission is not going to
discuss this item this evening but had spoken with city staff last week and shared some
questions and wanted the Commission to know that several of the neighborhood associations
have questions regarding this proposal and will share them at the June 7 meeting. City staff was
very helpful in answering questions when they met last week. The concerns are traffic,
stormwater runoff, safety, lightening, noise and when they discuss quality of life they are not just
speaking of their quality of life but she has driven through Forest View and she feels for the
residents as they are not currently being well taken care of.
Swanson said that City staff did explain how in the current Forest View some things have been
grandfathered in as this mobile home park has been in existence for so long, but Swanson finds
this very sad these folks are living in this environment. She believes neighbors are concerned
these will be people they welcome into their lives, their children’s lives, and are hoping they will
have a neighborhood worthy of being a human being in Iowa City. We, Iowa City, should not be
looking to just cram as many people as we can in a very high-density area, but rather help them
accumulate into the Peninsula and will blend well and fit well and not disturb the natural flow of
the area. It will be extremely difficult for the neighbors to feel part of the rest of the Peninsula if
they are treated like this.
Swanson hopes this new rezoning plan can be win-win, she said in conversations with Ed Cole
he noted their home values will decrease and that was alarming to her. She asked if their
properties would be reassessed and their taxes go down if indeed the home values go down, Ed
Cole told Swanson the home value would come back in 5 to 10 years. Additionally she is
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May 17, 2018
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curious what accountability there will be for her new neighbors to keep the new neighborhood
from turning into the same situation they are living in now. Will they be financially able to
upkeep yards and homes? Swanson hopes the Commission will take into consideration not only
what is concerning to the existing neighborhoods, but also for the new neighbors and to not ask
them to do something they are not able to do and not put them in a losing situation and give
them a change to thrive. Swanson doesn’t believe the current plan she has seen is fair to the
people of Forest View. Swanson gave additional questions from neighbors to Miklo so they can
become public record and addressed at that next meeting.
Sara Barron (1903 Grantwood Street), director Johnson County Affordable Housing Coalition,
wanted to make note on a couple issues with this rezoning project. One, there are mountains of
research showing affordable housing developments do not lower property values (and she will
share that with Mr. Cole) and secondly she noted the current residents of Forest View have
been instrumental in helping with designing what they want for themselves in the new
neighborhood and have been very active in advocating for what they need in their new
neighborhood. Therefore Barron said there should be no concern that the current residents of
Forest View’s voices are not being heard. All they need now is for the other neighborhoods to
welcome them in as part of the community.
Freerks closed the public dicussion.
Signs moved to defer REZ18-00013/SUB18-00006 until the June 7 meeting.
Parsons seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING/DEVELOPMENT ITEM (REZ18-00005/SUB18-00005):
An application submitted by Bedrock, LLC for a rezoning of approximately 18.03 acres from
Interim Development Multifamily Residential (ID-RM) zone to Planned Development
Overlay/Low Density Single Family Residential (OPD/ RS-5) zone and Planned Development
Overlay/Low Density Multifamily Residential (OPD-12) zone and a preliminary plat of Cherry
Creek Subdivision, a 17-lot, 18.03-acre residential subdivision located east of S. Gilbert Street &
south of Waterfront Drive.
Miklo noted the property is on the east side of Gilbert Street, west of Cherry Avenue and is
pretty heavily wooded. The proposal is to rezone most of the property to RM-12 Low Density
Multifamily Residential and a portion to be rezoned to RS-5 Low Density Single Family
Residential and both are proposed to have a Planned Development Overlay Zone. The plan
also includes a preliminary plat and Sensitive Areas Plan, the plat would include the extension
of Cherry Avenue to Gilbert Street and a new local street, Toby Circle, which would provide
access to the single family lots and townhouse lots. The Planned Development includes a
variety of housing types such as single family lots in the southern and eastern portions of the
property, a series of 31 townhouses towards the middle and then two 36-unit apartment
buildings on Gilbert Street. Miklo stated the property does contain critical and protected slopes
and woodlands, and some of those environmentally areas will, and have been, disturbed. There
will be areas of the property that will be protected through the Sensitive Areas Plan even after
the grading is complete for stormwater management. Miklo showed photos of the area noting
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May 17, 2018
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that staff as well as the City Engineers visited this property earlier this year and do feel the
erosion in the area needs to be addressed and the stormwater management facilities may be a
way of doing that.
Miklo stated in terms of the Planned Development Overlay there are several items that must be
considered. One is density, he noted the Comprehensive Plan shows this property as
appropriate for 2-8 dwellings per acre. With the amount of open space left, this plan will achieve
7-8 units per acre so within the guidelines in the Comprehensive Plan. Another item to consider
is if a development will burden existing streets and utilities and it is felt by the transportation
planners that most of the traffic will use Gilbert Street, which is an arterial street, with more than
sufficient capacity for a development of this size. Miklo acknowledged some of the traffic will
likely go to the east and use Sandusky Drive, a collector street that goes to Keokuk Street and
both of those have sufficient capacity for this development. One of the goals noted in the
Comprehensive Plan is the extension of Cherry Avenue from Sandusky to Gilbert Street to
provide some traffic relief and an alternative street access for the Pepperwood subdivisions.
This street connection also will improve access for emergency and service vehicles.
Miklo noted the sanitary sewer and water service are available to this property, and the
proposed stormwater facilities are believed by City Engineers to correct a serious erosion issue
existing in the ravine.
The next item to consider is if the development will not adversely affect views, light and air,
property values and privacy of neighboring properties any more than would a conventional
development. Miklo stated in this particular case, the single family lots will provide a transition
from the existing single-family homes within the Pepperwood Addition to the townhouse style
buildings and the larger apartment buildings to the west. The buildings proposed in this plan do
not exceed the height limits, will comply with the multifamily building design standards and are
broken down into smaller modules with balconies and different materials in order to minimize
the large scale of the buildings.
Next question is if a combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public interest, in
harmony with the purposes of this Title (meaning the Zoning Code), and with other building
regulations of the City. Miklo stated that in this case, unlike other planned developments, the
applicant is not asking for any waivers (e.g. setbacks or height), there is a proposal for reduction
of the standard collector street width of 31 feet down to 28 feet on Cherry Avenue. Staff
recommended this reduction to provide traffic calming for Cherry Avenue, which will carry traffic
from Sandusky Drive to Gilbert Street. Traffic circles are also proposed on Cherry Avenue in two
locations where it will intersect with Toby Circle. The intent is allow Cherry Avenue to provide
neighborhood street connectivity, but to discourage its use a cut through and to calm speeds of
vehicles using the street. Staff finds that the proposal to reduce the pavement width from 31 feet
to 28 feet is reasonable given the goal of traffic calming for this street.
Miklo stated for Planned Developments they must also consider pedestrian networks and
facilities. He stated all the buildings will have access to public sidewalks, the sidewalk on
Gilbert Street may need to be reconstructed due to erosion over the years. Also public open
space must be considered, a development of this size would be required to dedicate one acre of
open space or pay fees in lieu of. The Parks and Recreation Commission will review this
application and make a recommendation regarding the dedication of open space or fees.
However, given the steep topography of this area it is unlikely that there is land that is suitable
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May 17, 2018
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for a public park. Staff recommends that fees be collected in lieu of the dedication of open
space. Private open space is also a consideration and Miklo noted that much of the property
will be in a conservation easement with a homeowner’s association being responsible for
maintenance (including the stormwater facilities). Legal documents addressing these
responsibilities and funding for maintenance will need to be in place at time of final plat.
In terms of compliance with the Comprehensive Plan Miklo reiterated this proposal is in an area
noted for 2 – 8 units per acre but there is additional text in the Plan that specifically mentions
this property as being possibly appropriate for well-designed multifamily and stressing the goal
of the City of having Cherry Avenue connect to Gilbert Street. Therefore, Staff does find that
this proposal does comply with the Comprehensive Plan for the area.
As Miklo previously mentioned, this proposal is in a sensitive area and does contain protected
slopes adjacent to Gilbert Street, and the applicant is proposing those protected slopes be
modified as it has been determined these are altered slopes that have been graded in the past.
When Gilbert Street was reconstructed several years ago, it appears that grading was done for
the street and to provide fill material. The Ordinance does allow for additional alteration of
previously altered slopes. Generally, ravines containing protected slopes should not be altered,
however an exception can be made for stormwater management or sanitary sewer or water
lines. In this case the City Engineer feels a solution to the erosion problem would be build a
series of two damns within the slopes to slow the flow of water and control erosion in this area.
The City Engineer with the stormwater management plan for this application.
Miklo said that the other sensitive feature on the site would be the woodlands. The applicant
recently removed woodlands portions of the property prior to receiving approval of a sensitive
areas plan. The applicant claims that he was unaware of the woodland retention requirements
and that trees that were removed were undesirable or unhealthy. Miklo showed the
Commission a series of photographs to illustrate what the property looked like before the trees
were removed. The City has no way to assess the quality of the trees that were removed, they
do know there are a considerable number of Locust trees in this area which are not considered
desirable, but in any event the Ordinance requires that if more than 50% of a woodland in an
RS-5 zone is remove, replacement trees must be planted at a ratio of 1 tree per every 200 feet
of woodland disturbance. So approval of this application will require approval of a tree
replacement plan and Staff is recommending that plan, as well as a tree preservation plan, be
approved by the City Forrester before any more development activity on this site. The applicant
has indicated a desire to plant replacement trees on the perimeter of the property as well as
additional trees will be planted once the houses are built. Staff also discussed having trees
planted in the street right-of-way.
The Sensitive Areas section of the zoning code considers the preservation archaeological sites
as well as natural features. The applicant has already initiated some development activity on the
site. Meanwhile, the Office of the State Archaeologist has indicated that four archaeological
sites have been reported within 100 meters of the development site. Due the density of known
archaeological sites in the surrounding area, there is sufficient likelihood that other
undiscovered or undocumented site may be present within the development area that the OSA
recommends a field investigation by a professional archaeological consultant prior to the
commencement of ground disturbing activities (e.g. grading). Staff therefore recommends that
as a condition of approval the applicant hire an archaeologist approved by the State
Archeologist to complete a study or excavation plan approved by the State Archeologist.
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May 17, 2018
Page 6 of 16
Miklo noted there are a variety of townhouse designs proposed along Cherry Avenue and Toby
Circle. With the two multifamily buildings along Gilbert Street there would be underground
parking as well as some surface parking. The applicant is proposing two outdoor activity areas,
one for each apartment building, and a playground area for the townhouses.
When the Staff Report was distributed there were some deficiencies in terms of the materials
required, those have been satisfied.
Therefore Staff is recommending approval of REZ18-00005/SUB18-0005, an application
submitted by Bedrock LLC for a rezoning from ID-RM to OPD/RS-5 and OPD/RM-12 and a
Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 17-lot,
18.03-acre residential subdivision located east of Gilbert Street subject to City Forester review
and approval of the tree replacement plan prior to final plat approval and applicant contracting
with an archaeologist approved by the state to complete a study or excavation plan.
Theobald asked about the sidewalk on Gilbert Street and Miklo explained it is there however
has been covered by erosion over the years and as part of this development the sidewalk will
need to be repaired.
Freerks asked about the sensitive areas that will not be disturbed and Miklo showed the areas
as well as areas that will be disturbed for the needs of stormwater management.
Martin questioned the fees in lieu of park space and if the woodlands could become park space.
Miklo stated that based on past experiences and the direction of the Parks Director this area is
not the type of space the City would want to maintain for parkland, the Ordinance is very
specific in requiring neighborhood open space, usable open space for playground equipment,
and playing fields. This area is also too steep and could be a liability for the City. There are two
other parks in the area, Wetherby Park and Sand Hill Park so the fees collected from this
development will be applied to those existing parks.
Theobald asked about the two roundabouts or calming circles that will be placed on Cherry
Avenue and who is responsible for maintaining them. Miklo replied it will be the responsibility of
the homeowners association.
Freerks asked about the process for determining if a site may be an archeological site. Miklo
said the City will notify the State Archaeologist of the development and they will review their
records and if desired could come and review the site prior to development. Freerks questioned
how the City can prevent disturbance of areas before a study is conducted. Miklo stated the
applicant must have permission from the City before any work on the site is started.
Hensch noted the new extension of Cherry Avenue appears to be more than 1000 feet long and
he likes that there will be two calming islands placed on the street however feels the third
intersection to the west should have some intersection control as there are more units in that
area with the two higher density buildings. Miklo noted he discussed this with the transportation
planners and engineers and they felt due to the grade and the intersection traffic will naturally
slow. Hensch is also concerned about the alley, it is also a long stretch of road without any
control. Miklo stated if that is a concern the Commission can require some traffic calming
devices to be placed in the alley.
Parsons asked if the City will allow on street parking on collector streets such as Cherry
Avenue. Miklo confirmed they do, on street parking will be allowed on one side.
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Signs questioned the topography of the area coming off of Gilbert Street and the slope, so he
assumes there will need to be grading to put in the street and questions if there will be any
retention landscaping in that area. Miklo said that has not been discussed by City Staff however
the applicant’s engineer may be able to address the concern.
Dyer questioned the visibility at the intersection where the two large buildings will be for traffic
coming off Gilbert Street. Miklo said the driveway is at a right angle and then turns sharply so
should be okay.
Freerks asked about the discrepancies listed in the Staff Report. Miklo confirmed all those
discrepancies have been resolved.
Hensch asked about the north boundary of these parcels and if the boundary was going through
the ravine. Miklo confirmed it is, and a portion of the ravine is on a neighboring property and a
portion of the stormwater retention work would occur on the neighboring property and will
require an easement and consent of the neighboring property.
Freerks opened the public hearing.
Andrew Bockenstedt (3500 Dolphin Drive) is the owner of Bedrock LLC (the applicant). He
stated he has done excavation work on developments in Iowa City but this is the first complete
development for his company in Iowa City.
Freerks noted the sensitive areas of the property and the importance of maintaining the
sensitive areas in the Iowa City community, and is questioning the removal of trees and
beginning work on the site and ignorance regarding a sensitive areas ordinance in the City.
Bockenstedt admitted he made an error in removing the trees. He stated the first house he built
was at 560 Cherry Avenue and saw the whole property as a corn field in 1992. Freerks
understands that, however since 1992 new rules have been created to protect sensitive areas.
She asked if Bockenstedt was working with Southgate Development or MMS Consultants.
Bockenstedt said he is an excavation contractor and an ambitious fellow and his ambition got
the best of him as he jumped into working the area but was not aware removing trees was in the
ordinance, he did not disturb the slopes. He felt that piles of dirt from developments in
Pepperwood had been dumped on the property and trees and such were growing in the piles
and he felt those could be removed. He doesn’t feel he disturbed any of the soil within in the
possible archeological areas and the native vegetation under all the mounds of dirt and trees he
moved are still intact. Bockenstedt admits he made a mistake in moving the dirt and removing
the trees and apologizes.
Hensch asked if they harvested any of the trees removed and Bockenstedt said they did harvest
the walnut trees that were of any value, they did not destroy them.
Dyer asked when the trees were removed. Bockenstedt replied it was after the first of the year,
maybe February. Dyer noted there is provision regarding trees that harbor Indiana Brown Bats
those trees can only be harvested between October 1 and April 1.
Freerks referenced the Comprehensive Plan and the density for this area which states 2-8 units
per acre and the proposal is for 7-8 units per acre so very close to the maximum. Therefore
Freerks feels there should be a few more amenities in the area for residents. Bockenstedt said
he will entertain ideas and be willing to incorporate them if able. Freerks said just added open
green space can be attractive, so children can run, kick a soccer ball, etc.
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May 17, 2018
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Hensch asked about the three, four and five-plex buildings and if they were all three bedroom
units. Bockenstedt confirmed that is correct. Hensch noted that appears to be attractive to
families and because of that there needs to be open space for children to play. Although the
development is close to Wetherby Park, it is still a mile or over away depending on which end of
the development one lives.
Dyer observed the single family lots back up to the parking area for the bigger apartment
buildings and wonder if those homes will object to having an apartment building parking lot in
their backyard. Freerks agreed and said there will need to be a buffer. Miklo noted the house
lots will be at a considerable higher grade than the apartment buildings so there will be a natural
buffer for lights and noise from the parking lots. He stated there will also be a large retaining
wall there. Freerks questioned the safety issues of having a large retaining wall and there might
need to be a fence.
Hensch noted the issues of soil erosion and water retention in this area and the easiest way to
keep the water on the property is to minimize the amount of concrete. Bockenstedt stated the
townhouses are actually drive-under, the garage tucked under the house. Hensch agreed that
will be helpful but still feels there needs to be an overall look at any spaces they can minimize
the use of concrete. Miklo noted on the latest plan the applicant did add a little landscaping
between the driveways of each townhome.
Joel Kline (2460 South Gilbert Street) owns the McCollister Historic Farm House to the south of
the applicant’s property. It was originally the farm house for 800 acres that would have included
this property. Kline noted that last time he came before this Commission was when he wanted
to build a garage and had to make sure it was built in the style that was appropriate. He added
they have been good stewards of the property, they have restored the inside and kept the
outside consistent with the original appearance. Kline confirmed the concerns of single family
residences next to apartment buildings resonates with him quite a bit. He is not opposed to
development but feels it is necessary to be sensitive to the historic neighboring property.
Kline raised a number of issues, first with regards to the trees, when you look back at the 1930’s
it was started this area was open fields but it appears there was a border on the southern edge
of mature walnut trees and those trees would have provided a buffer between his property and
this development. Kline also noted he never received any invitation to a good neighbor meeting
to discuss this development prior to this evening. Kline said one of the benefits is trees will
absorb water and over the years Kline noted they have had significant water coming down from
the north, they have put in gravel and paved the driveway in an effort to help with runoff. He is
concerned with water runoff to the south with this development.
The biggest concern for Kline is the 36 unit 3-story building that will abut right up to his property,
he would like to see a lower building and perhaps set back. He noted the open space those
families will use will be on his property and his neighbors. Another concern is the traffic on
Gilbert Street, the traffic on that street continues to increase, a stop sign has just been placed at
the intersection of Gilbert and McCollister, but adding 790 additional vehicles from this
development will add to the stress of roadway usage. To reiterate, his concerns are about
water, trees, light and other forms of intrusion onto his property be considered, perhaps a berm
could be created between his property and the development property to minimize intrusion.
Freerks asked how close the 36 unit building will be to the property line. Miklo said it would be
23 feet from the property line.
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May 17, 2018
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Parsons asked about the good neighbor meeting. Miklo said the applicant will need to address
the discussion at the meeting.
Don Cochran (2530 South Gilbert Street) lives on the other parcel that is just south of the
proposed development. He purchased the entire 10 lot property approximately 15 years ago
and has another owner that wanted the home and to renovate the historic home so they
subdivided the property breaking off the house from the other outbuildings. Cochran corrected
some items from the Staff Report, specifically on bullet point 3 (not adversely affecting views)
and this discussion that the two McCollister Farm properties have their own built-in buffer and
there wouldn’t likely be any future subdividing of the property. Cochran had submitted a 7 lot
subdivision to the City at one point when he first bought the property. He owns 6 acres, he is 57
years old, it is a lot to keep up, there is a lot invested in just the value of the property, and there
would be intent in the future to subdivide it. Cochran is not sure he would divide it into 7 lots,
maybe only 3 however the opportunity is there. If a subdivision of his property happens, the
prime lots will be the ones that will border where the 36 unit building will be. Therefore Cochran
would state there is an adverse effect to his property. When Cochran subdivided the property,
he specifically subdivided it RS-5 because he didn’t want to build a big building there and didn’t
want another owner to come in a build a big building there either. Cochran is concerned about
how close the large 36 unit building will be to his property, however, he does think Bockenstedt
has a great vision. Cochran stated he has three concerns, one is the buffer zone, which has
been discussed, but would also like to see more specific examples of what plantings will be
used along the property lines. He is concerned about the height of the 36 unit building and that
it will be seen from all angles. Perhaps the building could be made into an L shape and
therefore would be placed further away from his property line. Finally he is concerned about the
traffic on Gilbert Street, and the number of people will be crossing the street as the sidewalk on
the west side is not complete. Cochran has one other correction to the Staff Report, it sates the
apartment building is 800 feet from any other structures, that might be true to the Sandusky
area but Kline’s house is actually only about 300 feet from the fence line .
Miklo clarified that when the Staff Report mentions the 800 feet, it specifically is referencing the
Pepperwood subdivision.
Shannon Patrick (652 Sandusky Drive) is concerned with this development and not in favor.
Patrick said the items wrong with this proposal are community outreach. As stated in the packet
there was a good neighbor meeting however he never received notice, and he is within the 200
feet line. The second issue it the trees, he understands it is presented as a mistake, however
as a neighboring homeowner you see the bulldozers going in and all the trees removed with no
notice of why. Patrick added this does not help with building trust with the developer, he added
there is a sense of community in his neighborhood and they should have been contacted.
Patrick next discussed the concern with the density of the proposal, the surrounding
neighborhood is RS-5 and this will be rows of townhomes and a 20 foot apartment building
poking over the hill. This is not with keeping the character of the area, it transitions the area
from a neighborhood to just housing. Having lived in Coralville next to HyVee he has seen
where those areas of houses become rentals over time as no one wants to buy next to large
apartment buildings. Patrick shared the concern regarding density, lack of space, does not
achieve the feeling of long-term residents. He does feel housing is needed in the area,
especially low-income housing, however trying to shove 400 people into a small area will create
housing, not a neighborhood. This level of density does not fit the character of the area.
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May 17, 2018
Page 10 of 16
Patrick next commented on the extension of Cherry Avenue and with the addition of the traffic
circles it will not be any faster for residents on Sandusky to take that way to Gilbert Street than
to go the current routes, the road extension is not needed. He feels the road extension will add
to traffic concerns not alleviate them. Patrick’s final point is regarding the school district and the
fact is Iowa City is the 14th most economically segregated city, and on the school side of things
the district has been trying to deal with this problem that effectively has all the high density,
more affordable housing, is all in the same part of town. This development will be in the Twain
district. In some areas of Iowa City the schools have a 5% reduced or free lunch percentage,
which is upwards of 70% reduced or free lunch percentage. Alexander school is similar to
Twain as well. Adding this much development will exasperate the situation and work against
the School Board’s work to try to spread out affordable housing amongst the schools. Patrick
noted that Kingsley Botchway, on the City Council, is very aware of the school district concerns
and adding several hundred units in this area will not help the situation. Patrick closed by
saying he is not against development, he likes and wants more neighbors, the way to achieve it
is to have a mixture of multifamily, such as four-plexes scattered within single family, and meet
the character of the area.
Alex Carrillo (373 Windmill Place) works with Bockenstedt as the director of operations for
Bockenstedt Excavating and apologized to the gentleman who didn’t receive the good neighbor
notice. They did hold a neighborhood meeting and he hand-delivered notices to all the
Sandusky mailboxes, mailed notices to the two parcels to the south and the Braverman property
to the north. The meeting was held on November 8, 2017, at the Terry Trueblood Park Lodge.
The Beardsley’s attended, Kyllingstad, Vanderweeds, and Russells also attended and good
conversation was shared.
Freerks closed the public discussion.
Hensch moved to defer REZ18-00005/SUB18-00005 until the June 7 meeting.
Martin seconded the motion.
Freerks noted there has been good conversation this evening regarding concerns.
Signs wanted to acknowledge the point regarding the large size of the single-family lots allows
for the higher density in the multifamily areas. Freerks agrees and feels perhaps the multifamily
36 unit buildings could be smaller.
Freerks also reiterated the concern about the open space and amenities. She feels they are
trying to squeeze so much into this area and perhaps if it were left a bit more open it would be a
better environment, and a better long-term neighborhood.
Signs stated he normally is all for density but for some reason this proposal does not work for
him and is concerned about the two very large buildings on top of a hill overlooking a valley and
that exasperates the visual impact of the buildings. He also is very concerned about how close
it is to the south property line. He noted the conservation easement disappears at the south
edge of the building and that is where it is needed the most. He agrees with the comments that
this development is out of character for this area.
Martin said when looking at the larger area (Pepperwood, across the street, etc.) a better
continuity needs to be explored.
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May 17, 2018
Page 11 of 16
Freerks acknowledged it is a tough lot to develop and it likely why it has been undeveloped for
so long. She discussed the buffers and possible berms and water flow, especially to the south,
and wants to see a tree production plan.
Martin asked for more information about the state archeological findings and the implications.
Freerks noted the Comprehensive Plan states for this area to be a distinctive and innovative
environment for the neighborhood and a need for facilities and amenities and she is not seeing
that in this proposal.
Signs added sticking pergolas on the edge of a parking lot next to a retaining wall is not
particularly a user friendly alternative. He would agree there is just a lack of usable open space.
Hensch stated his concerns are to maintain the integrity of that area, as well as the amenities
issues. He added one of the focuses is to keep the neighborhoods walkable, and therefore he
feels there needs to be a six foot sidewalk the entire length of Gilbert Street along this property.
Within the development there is too much concrete, they need to find ways to keep the
stormwater on the property as much as possible, there is a real problem with erosion on the
north side and that needs to be addressed on the site as well as remediate the erosion that has
occurred. Hench echoed other’s concerns that there simply is not enough open space, he is a
big fan of density but also feels they need to create neighborhoods and the way to accomplish
that is to give people the opportunity to be outside and meet each other. He also voiced his
displeasure with the harvesting of the mature trees and that there are no walnut trees specified
to be replanted, and the overall landscape plan is inadequate. All the borders to the south and
east should have good landscape borders, and wherever they can, even if it’s just a small tree,
there needs to be trees. With regards to the three, four and five-plexes he does not have an
issue with the density, the issue is there is no place for children to play and not place for people
to congregate to meet neighbors. Overall there needs to be less density and more open space.
Theobald added with regards to trees walnut trees aren’t necessarily good for gardeners as it is
hard to grow other things around them, but in looking at the plants listed, there are some issues
that need addressed. With the roundabouts she suggests they look at what is planted outside
City Hall.
Parsons added with regards to the large buildings perhaps looking at different materials or
colors, just seems like a lot of brown and grey. He said the project they recently approved on
Camp Cardinal Boulevard used colors to create a good design.
A vote was taken and the motion passed 7-0.
COMPREHENSIVE PLAN:
A public hearing of an amendment to the Comprehensive Plan, Annexation Policy, to add a
section pertaining to affordable housing.
Miklo noted the proposed amendment text was distributed to the Commission in their agenda
packets, the goal of the amendment is to address affordable housing. Miklo explained when the
City annexes property it is when they have the most leverage, even more so than with a
rezoning, so the thought is given the concerns about affordable housing in Iowa City this would
Planning and Zoning Commission
May 17, 2018
Page 12 of 16
be an opportunity to include it in all annexations that are residential and hopefully in all
neighborhoods eventually. The proposal states that at the time a property is annexed, without
prescribing exactly what will happen, there is a goal set for 10% of the overall residential use to
be affordable over a period of 20 years. The proposal lists some possible methods on how that
will be done in terms of having the affordable housing controlled by the City or by a nonprofit
affordable housing agency. Miklo stated there would be some locations where there may
already be affordable housing, or an abundance, and the City would want to keep options open
to provide affordability elsewhere which raises the possibility of a developer paying fees so that
affordable housing could be located in another portion of the city.
Staff is recommending the Comprehensive Plan be amended to include the affordable housing
language in the annexation policy.
Hensch noted one of the problems with these types of policies is staff having to manage it over
time and is concerned about the added burden on staff. Miklo stated the first option is to have
oversight by a nonprofit provider, for example the Greater Iowa City Housing Fellowship, or the
City’s Public Housing Program and those providers would be in control and oversee the
monitoring of the units. Miklo acknowledged each annexation would need to be dealt with
differently and negotiated to see what the best plan is for the developer and City.
Hektoen noted that with annexations this is just a policy but the City has more discretion at the
annexation stage than at the rezoning stage.
Freerks stated she is not comfortable telling a developer that they must give a certain number of
lots to the City if they are willing to oversee the affordable housing themselves. Hektoen stated
that there will be options and the City is open to other ways of achieving the affordable housing
polity, as why each annexation will be dealt with on a case-by-case basis.
Parsons asked if this policy would cover all annexations, both voluntary and involuntary. Miklo
said it would cover voluntary and noted it is not the City’s practice to do involuntary annexations.
Hensch asked Hektoen if she was comfortable with this policy as it would not be additional
burden on City Staff. Hektoen said the policy is written in a way to allow for flexibility to avoid
the problem of burden.
Dyer feels if the policy started at 60% or 80% of AMI that is not really likely to be gentrified
housing.
Freerks asked if there are definitions of what is considered a housing unit? The policy states “If
the annexation is for residential development that will result in the creation of ten (10) or more
new housing units, the development will support the City's goal of creating and maintaining the
supply of affordable housing.” Miklo said a unit is a dwelling, it can be in the form of single
family or multifamily.
Parsons asked if the policy would be enforced all at once, if someone were to build eight units
and then later decide they want to build four more on, would one of the four added ones need to
be affordable. Miklo said with the annexation process there is also a zoning process and
subdivision process and at the subdivision process the City will know how many units will be
proposed. If there is an outlot held aside for future development it would then have to come
back to the City at a later time for rezoning and subdivision plat approvals and the City and
developer would follow whatever agreement was reached at the time of annexation.
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May 17, 2018
Page 13 of 16
Martin is concerned that new annexations will be on the outskirts of town and often there are not
bus services there so will affordable housing really be beneficial in those areas. Miklo noted this
is only one of many options for affordable housing.
Dyer stated in some of those remote areas a developer could pay a fee in lieu of if affordable
housing doesn’t make sense in their development.
Freerks asked how other communities in Johnson County are dealing with affordable housing.
Hektoen stated they studied national trends. Miklo is not aware what other Johnson County
communities are doing but does not believe any of those communities have developed a similar
policy.
Freerks opened the public hearing.
Sara Barron (1903 Grantwood Street), director Johnson County Affordable Housing Coalition,
began by stating they appreciate the opportunity to address this topic with the Commission. As
the City grows, they need to develop in a way that creates opportunities for all the residents and
stability for the neighborhoods and that is any the Coalition is really supportive of this initiative.
It ensures that new development will foster housing for residents of all income levels. One thing
the Coalition would urge the Commission to carefully consider is the potential impact of
including the fee in lieu option for developers who want to elect out of providing the housing.
Some ways they feel the fee in lieu will impact affordable housing are: (1) the fee in lieu can
create greater flexibility to pursue housing solutions throughout the community and encourage
development. Those funds, when passed along to something like The Housing Trust Fund are
leverage for other projects and can be used to secure additional funding from nonlocal sources.
(2) When developers opt for fee in lieu it can move the City farther from the goal of
neighborhoods that are socially economically integrated, and also without a specific formula for
predetermining fees for developers the City may find itself bargaining over developments in a
way that could discourage developers from pursuing annexation. They do not want to create
confusion over the purpose and intent of affordable housing requirements. When the public
hears of a new annexation and a fee in lieu was paid there are questions on how that fee was
determined or where it will be put to use. Barron did reaffirm the Coalitions’ support for
affordable housing in the land annexation policy and appreciates the City is pursuing this. She
added this is 1 of 15 points of action in the Affordable Action Plan, there is not just one solution
that will achieve the results for affordable housing. This will address new development, which
yes is currently on the outside ring of Iowa City, but the City’s footprint is growing fast and what
is on the outside now will be on the inside in no time so this can be a long-term solution.
Charlie Eastham (953 Canton Street) wants to address the transportation issues with affordable
housing in areas not serviced by city transportation. Fifteen years ago The Housing Fellowship
along with The Iowa City Housing Authority built units in (what was then the developing)
Peninsula Neighborhood which was isolated from downtown Iowa City with no bus service and
those units were immediately occupied and have been occupied by people with modest
incomes ever since. He added The Housing Fellowship has other houses in other parts of the
city that are on the peripheral as well as in North Liberty and people do have other
transportation options.
Freerks closed the public hearing.
Planning and Zoning Commission
May 17, 2018
Page 14 of 16
Hensch moved to recommend approval of an amendment to the Comprehensive Plan
Annexation Policy to add a section pertaining to affordable housing as described in the
Staff Report.
Theobald seconded the motion.
Signs stated this is a ground-breaking proposal, he is pretty sure it is the first of its kind in Iowa,
it does come from the City’s 15-point Action Plan which addressed the desire to deal with the
affordable housing crisis in the community. It has a breath of the Riverfront Crossing policy of
inclusionary zoning and that policy has not slowed down development in the Riverfront
Crossings area. Signs shares the concern regarding City Staff having to monitor areas but likes
the idea of partnering with other organizations to achieve it. He noted the transportation issue is
discussed all the time at the Affordable Housing Coalition and it is a real concern for some
people, but not everyone. The other thing around this concept is it does attempt to spread
affordable housing throughout the community which has been a goal for some time now, to not
segregate or congregate low income housing in one area. However, speaking for himself, he is
concerned about the fee in lieu issue, while it does provide flexibility, it also provides the “out”
for not putting affordable housing in a neighborhood and the City needs to be cautious of that.
One of the things they are seeing in the Riverfront Crossings District is a lot of people opting out
of putting in the affordable units and just paying the fee in lieu. He acknowledged the fee in lieu
is a good thing as those funds do help with other projects and with leveraging other funds, but it
doesn’t achieve the goal of spreading affordability throughout the community. The other piece
of the fee in lieu issue is right now it doesn’t seem like the cost balance to developer is relevant
to the actual cost of developing property somewhere else, in the Riverfront Crossings area the
fee in lieu is set at $83,000 per unit and the City is paying $200,000 per unit when they are
buying those same units from a developer to use them as affordable housing. He feels every
developer would choose that option. What Signs does like about the policy is that it is pretty
generic, and the first sentence summarizes what the policy is all about “the development will
support the City's goal of creating and maintaining the supply of affordable housing”. The
details that are really open which is good, but the policy sets the tone that affordable housing is
important and tells developers that affordable housing is expected in our community. Signs
declared he is thrilled City Council has directed Staff to develop this proposal and he supports it
100%.
Freerks hopes this policy works really well and can be used as a model for other communities in
the County and State. She is also concerned about the fee in lieu of portion of the policy and
hopes it is used in the right areas.
Dyer feels this is a real important step if for no other reason that it announces the expectation
that affordable housing will continue to develop and that developers cannot just build one kind of
housing or not share in the responsibility of making a variety of housing available in the City.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: APRIL 5, APRIL 16, APRIL 19, AND MAY 3,
2018
Parsons moved to approve the meeting minutes of April 5, April 16, April 19 and May 3,
2018.
Planning and Zoning Commission
May 17, 2018
Page 15 of 16
Theobald seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Miklo noted that July 1 there will be two new Commissioners and two retirees, Freerks and
Theobald will be leaving the Commission. Larry Baker and Billie Townsend will be new
Commissioners.
Signs asked if in a future meeting the Commission can discuss Good Neighbor Meetings and
the issues with those meetings.
Freerks asked about The University of Iowa Clinic on North Dodge Street and the landscaping
plan, the Commission requested review of the plan as it appears there is little landscaping
present on the Dodge Street side of the site.
Theobald also requested the landscaping plan for the development on Melrose Avenue, the
development directly east of West High School.
Adjournment:
Signs moved to adjourn.
Martin seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017 - 2018 10/5 10/19 11/2 12/7 12/21 1/4 1/18 2/15 3/1 (W.S) 3/12 3/15(W.S.)4/2 4/5(W.S)4/16 4/19 5/3 5/17 DYER, CAROLYN X X O/E X X X X X X X O/E X O/E X X X X FREERKS, ANN X X X O/E X X O/E X X X X X X X X O/E X HENSCH, MIKE X X X X X X X X X O/E O/E X X X X X X MARTIN, PHOEBE X X X X O/E O/E X XXO/E XX XXXXX PARSONS, MAX X X X X X X X O/E X X X X X X X X X SIGNS, MARK X X X X X X X XXX XXXXXXX THEOBALD, JODIE X X X X XO/EX O/EXX XXXXXXX KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member