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HomeMy WebLinkAboutPZ Agenda Packet 04.19.2023PLANNING AND ZONING COMMISSION Wednesday, April 19, 2023 Formal Meeting – 6:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Presentation and Discussion on the City Council Strategic Plan 5. Presentation and Discussion on the 2022 Iowa City Residential Development Analysis 6. Consideration of meeting minutes: April 5, 2023 7. Planning and Zoning Information 8. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or arussett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: May 3 / May 17 / June 7 Informal: Scheduled as needed. Date: April 19, 2023 To: Planning and Zoning Commission From: Anne Russett, Senior Planner Re: City Council Strategic Plan At your meeting on April 19, 2023 Council members Thomas and Dunn will provide an overview of the City Council Strategic Plan, which was adopted in December 2022. Attached is the Strategic Plan for your review. Strategic Plan FISCAL YEARS 2023-2028 Adopted December 2022 1 PLAN OVERVIEW The strategic plan summarizes the vision, strategies and key action steps for the City Council and staff through the five-year planning period. The City’s plan also advances the goals set forth in the Better Together 2030 Johnson County All in Vision, and regionally in the Envision East Central Iowa comprehensive economic development strategy. The City’s pre-existing strategic priorities, developed over several years, served as the foundation of this plan. Drawing upon previous planning work, studies and community conversations, the City Council and City staff leadership engaged in an extensive process to refine the vision and strategies, determine action steps, and establish priorities. The strategy map (page 6) serves as the foundation of the plan. It outlines the values, impact areas and resources needed to execute the overall strategy. Within each component of the strategy map, the City has developed an associated vision, strategies, and action steps. 2 The vision outlines the “the why.” Each component of the strategy map contains a brief description of what the desired future would look like. Strategies represent “the what,” or the broad steps the City will take to move towards the future vision. Action steps present the “the how,” or specific actions the City will take to advance the strategies during the five-year period. The vast bulk of the City’s resources, both financial and human, go toward providing essential services to the community such as police and fire protection, street maintenance, water and sewer services, parks and recreation opportunities, and library services (to name a few). The vision and accompanying strategies outlined will provide general direction in the implementation of these core services. The action steps in the strategic plan focus on how the City’s discretionary resources can be leveraged to advance the vision through new, expanded, or reinvented services or policies. The action steps highlighted generally: Require significant human and/or financial resources, Have high visibility, Have a significant impact on the community, Require collaboration between many departments or organizations, and/or Require significant council or community involvement. The vision and strategies are focused on the long-term and unlikely to change during the plan period. The action steps are weighted to the first few plan years, and often reflect the most pressing needs, which have already been the subject of much discussion. Some strategies do not have a corresponding action step identified in the plan. This does not mean that the strategy is not being or will not be addressed. Many projects are implemented at the department level and will not be detailed in the plan but will be highlighted in subsequent status reports. In addition, the plan is intended to provide strategic focus. Given the City’s limited discretionary resources, it is not possible to lift all strategies simultaneously. The completion of the action steps identified in the early years of the plan will allow the City to potentially shift focus to other strategies in later years or subsequent versions of this plan. 3 ENVIRONMENTAL SCAN The Environmental Scan identified elements in the external environment that may impact the City moving forward. These forces, largely outside the City’s control, may represent future challenges, opportunities, or both. External Challenges and Opportunities LEGISLATIVE Recent legislative actions at the state level have reduced current and future projected tax revenues for the City. In addition, there has been a trend of state legislative action preempting decisions normally made at the local level. EXPECTATIONS AND SUPPORT OF GOVERNMENT Record high levels of distrust of state and federal government has impacted trust for local government, as well among some community members. At the same time, community members increasingly expect the 24/7 service experience that operations may not be resourced to provide. RACIAL AND INCOME INEQUALITY Community members can report vastly different community experiences based on race and income. This inequality is likely preventing individuals – as well as the community as whole – from reaching its full potential. WORKFORCE With the region at full employment and baby boomers transitioning out of the workforce, attracting talent is top concern, both for area employers and city operations. Employers are needing to quickly adapt to a job-seekers market with more competitive compensation and benefits, as well as flexible work arrangements. 4 INFLATION Inflation has created significant pressure on the City’s budget and may further impact operations and the area economy in unexpected ways. CLIMATE CHANGE The City will need to continue to prepare for the impacts of climate change. This will likely take the form of extended weather patterns, as well as increasingly severe weather events. GROWTH From 2010 to 2020, Johnson County was the second fastest growing county in Iowa. Iowa City contributed through robust growth of its own. As an increasingly diverse community, residents of different cultures and varied life experiences can help propel future growth and opportunity as they establish roots in the community. FEDERAL FUNDING The City received approximately eighteen million dollars in American Rescue Plan Act (ARPA) funds to respond to the COVID-19 emergency and help residents and the community become more resilient in the coming years. These resources can also contribute greatly to the action steps in this plan. In addition, several new state and federal grants are available through utilizing ARPA and the Infrastructure Investment and Jobs Act (IIJA) funding. UNIVERSITY OF IOWA Iowa City and the University of Iowa are tightly connected. Significant changes at the University of Iowa have a ripple effect throughout the community. 5 City Operations FINANCIAL HEADWINDS Property tax reform, depressed development trends following COVID-19, inflation pressures, and the phase out of the commercial tax backfill means that the City will face significant financial headwinds during upcoming budget cycles. Leaders will need to consider new funding sources for major initiatives given that the growth in property-tax related revenue is expected to remain fairly flat during the planning period. STAFF RECRUITMENT AND CAPACITY The City is experiencing the same recruitment challenges as the private sector and struggling to fill key positions. Flat staffing levels, community growth, and numerous new initiatives have strained the ability of staff to continue to meet service demands. Properly resourcing City operations will help in the effort to recruit and retain top talent and provide for better service to the community. OUTDATED FACILITIES Several City facilities have not grown or been remodeled to meet the service demands of an expanding population and workforce. These facilities can create operational inefficiencies and work against goals to provide safe, reliable, and healthy facilities for employees and the public. 6 STRATEGY MAP The Iowa City Strategy Map organizes and builds upon the seven strategic priorities identified in previous years. The Strategy Map has three distinct components: Values, Impact, and Resources. Values Our values represent both a lens through which we will approach our work, as well as a desired end state when our work is completed. Our values are embodied in every element of this strategic plan. Impact Areas Impact areas represent our mission and focus as a municipal government. This is where we intend to work collectively to advance our community. Resources Resources are building blocks needed to support our work. 7 VALUES Racial Equity, Social Justice & Human Rights FUTURE VISION Iowa City welcomes and celebrates cultural diversity throughout the community, and accurate cultural historical perspectives are acknowledged and commemorated. Each community member understands how systemic inequities have disadvantaged and marginalized some populations and are equipped with the skills to disrupt bias. Growth and healing occur as the City proactively addresses racial inequalities and social injustices. The City has removed and addressed systemic barriers present in all facets of city government including policies, land use decisions, programs, services, and employment. Partnerships with businesses, schools, and non-profit organizations facilitate equitable access to opportunity across all sectors. City employees, boards and commission members, and other advisory and decision-making entities reflect the diversity of the Iowa City community. The presence of equity, inclusion, and belonging is identifiable in all City operations and activities. Climate Action FUTURE VISION Cities across the Midwest and nationally emulate Iowa City’s long-term innovative strategies which achieve net- zero greenhouse gas emissions across all sectors and prepare all populations for the effects of climate change and the urban heat island effect. A bio-diverse environment flourishes and each generation can look forward to improved water, air, and soil quality. Every resident in Iowa City understands the cost of climate change and knows which community resources can help them mitigate and adapt to these impacts. Residents of all socioeconomic statuses actively take climate action, including using sustainable transportation, shopping local, and reducing and conserving energy. As a result, their health, safety, economic wellbeing, and relationship with their neighbors are improved. 8 Partnerships and Engagement FUTURE VISION Community members believe engagement and participation in local government decision-making is worthwhile and sincere. Respectful dialogue and transparent processes dominate public decision- making. Creative and accessible communication and engagement methods ensure every resident is routinely reached by the City and encourage intergenerational participation. Neighborhoods are revitalized as a source of grassroots community-building, empowerment, and prosperity for all households. There is a high degree of trust and free-flowing communication between stakeholders within the community. As a result, public-private partnerships are plentiful and a natural component of every solution, and resources are deployed judiciously towards efforts that benefit all. 9 IMPACT AREAS Neighborhoods & Housing FUTURE VISION Iowa City is a collection of authentic, vibrant neighborhoods and districts. By way of internal and external streets and trails, each community member has safe, easy access to everyday facilities and services within a 15-minute walk or bike ride. Neighborhoods are compact and socially diverse, with a variety of housing choices and at least one place serving as its center. Permanent affordable housing choices are dispersed throughout the community. New higher density development blends with existing buildings and shapes a comfortable, human-scale pedestrian environment. Public spaces are inviting and active with people recreating and socializing in parks, natural areas, and tree-lined streetscapes, all enhanced with public art and placemaking initiatives. STRATEGIES To advance the Vision the City will pursue the following strategies: Update City Comprehensive Plan and Zoning Code to encourage compact neighborhoods with diverse housing types and land uses. Partner in projects that serve as models for desired future development. Create inviting and active outdoor spaces with unique and engaging recreation offerings. Address the unique needs of vulnerable populations and low-to-moderate income neighborhoods. 10 ACTION PLAN Action Champion Target Date Explore legal steps to discourage or prevent bad faith and predatory property investors. City Attorney FY23-24 Act on building regulation recommendations outlined in the Accelerating Iowa City’s Climate Actions Report; including TIF energy efficiency incentives, energy standards for height and density bonuses, and a climate action building permit rebate program. Climate Action & Outreach and Neighborhood & Development Services FY23-25 Revamp the neighborhood PIN grant program and evaluate discretionary funding for district/neighborhood grassroots projects. Communications FY23-25 Advance prioritized recommendations in the 2022 Affordable Housing Action Plan. Work with partners to undertake significant-scale affordable housing efforts. Neighborhood & Development Services FY23-28 Seek out and approve residential TIF applications for infrastructure when the project provides community benefit such as permanent affordable housing, expansive public open space, or advancement toward stated climate action goals. Consider a standard application of residential TIF for all new annexations to meet permanent affordable housing goals. City Manager’s Office FY24-25 Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles with emphasis on growth areas first and infill areas next, expanded missing middle housing allowances, minimum density requirements, and streamlined approval processes Neighborhood & Development Services FY24-28 Explore pilot housing projects utilizing tiny homes, 3D printed homes, prefabricated or manufactured homes, net-zero homes, or other innovative options. Neighborhood & Development Services FY24-28 Bolster financial support for homeless services and evaluate shifting towards shelter as service model. City Manager’s Office FY25-28 Expand the South District Homeownership Program to other targeted neighborhoods and consider allowing relocation assistance to expedite completion. Neighborhood & Development Services FY26-28 Provide all residents with public open space within a 15-minute walk or bike ride by strategically executing agreements with local schools or other partners. Parks and Recreation FY26-28 11 Mobility FUTURE VISION Community members of all socioeconomic statuses easily, safely, and comfortably travel using multiple modes of transportation year-round. Commuters choose to walk, bike, or bus at least half of the time, and an increasing number of trips are fueled by clean energy. Regional collaboration has created a strong multi-modal network that links Iowa City to neighboring communities. Highly traveled corridors have separated trails or comfortable, safe lanes for bicyclists. When prioritizing, the needs of pedestrians, bicyclists, transit riders, and other emerging forms of transportation are weighted greater than those of automobile drivers and adjacent property owners. STRATEGIES To advance the Vision the City will pursue the following strategies: Expand the access and convenience of environmentally friendly and regionally connected public transit. Design and maintain complete streets that are comfortable and safe for all users. Grow and prioritize bike and pedestrian accommodations. 12 ACTION PLAN Action Champion Target Date Fully evaluate the feasibility and funding sources needed for a zero-fare transit system. Transportation Services and Finance FY23-24 Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity’s elected officials. City Council FY23-25 Install additional permanent charging stations for vehicles, bicycles, and electronic devices. Climate Action Outreach FY23-28 Identify additional opportunities for road diets, sidewalk infill, curb cut enhancement, and bike lane installation with a goal of at least two such projects each construction season. Public Works FY23-28 Explore opportunities to utilize the CRANDIC right-of-way for passenger rail, bus rapid transit, or pedestrian usage. City Council FY23-28 Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets Public Works FY23-28 Secure federal funding for a relocated transit building that can accommodate future growth in service and electrification of the fleet. Transportation and City Manager’s Office FY24-28 Consider adding or retrofitting bike pathways that are separated from streets or protected utilizing flexible bollards. Public Works FY24-28 Expand the fleet of electric buses or other low/no emission-technology vehicles each time a diesel bus is due for replacement and seek grants that can expedite the conversion. Climate Action Outreach FY25-28 Consider an on-demand or subsidized voucher system for times and locations in which no fixed route service is available. Transportation Services FY25-28 Expand snow clearing operations at sidewalk corners in high priority pedestrian areas, bus stops, and bike lanes. Public Works and Parks & Recreation FY25-28 Initiate and promote vehicle and bike-share/scooter programs. Transportation Services FY26-28 Evaluate with the State of Iowa the possibility of a Burlington Street Road Diet utilizing flex zones in non-peak hours. Public Works FY26-28 13 Economy FUTURE VISION Iowa City is the preferred location for businesses at all stages of development. Start-up businesses flourish and take advantage of mentoring and other resources. The vibrant arts and culture community attracts both visitors and new residents. Technologies developed through the University of Iowa are transferred to the local business sector, creating business diversity and new value within the community. Businesses pay living wages and support skill development for their employees. Support services - such as child-care and language assistance - are readily available for all, which means every person who wishes to participate in the local economy can do so. Community members support each other by spending their money locally. STRATEGIES To advance the Vision the City will pursue the following strategies: Reinforce Iowa City as a premier community to locate and grow a business. Ensure appropriate infrastructure is in place for future business growth and development. Cultivate a strong entrepreneurial and small businesses ecosystem with a focus on creating new pathways to success for systemically marginalized populations. Build Iowa City’s image as the Greatest Small City for the Arts. Strengthen the Iowa River’s role as a signature community amenity and tourism generator. 14 ACTION PLAN Action Champion Target Date Enhance access to affordable childcare for all populations through innovative partnerships with higher education, non-profits, and the business community. City Manager’s Office and Neighborhood & Development Services FY23-25 Utilizing American Rescue Act Funds, execute on agreeable recommendations in the Inclusive Economic Development Plan with a particular focus on actions that build long-term support and wealth-building opportunities for systemically marginalized populations. City Manager’s Office and Economic Development FY23-25 Partner with Kirkwood Community College, Iowa City Community School District, Iowa Labor Center, local trades, and other stakeholders to provide meaningful career development opportunities, pre-apprenticeship, and apprentice programs. Economic Development and Neighborhood & Development Services FY23-28 Increase small business technical assistance to aid in the creation, success, and growth of home-grown businesses. Economic Development FY24-28 Create flexible incentives to support the top goals of Iowa City’s Self-Supporting Municipal Improvement Districts and other commercial nodes, including attaining a desired business mix that serves the surrounding neighborhood. Economic Development and City Manager’s Office FY25-28 Develop targeted marketing to promote Iowa City as a unique and attractive place to do business. City Manager’s Office FY26-28 Develop a riverfront master plan in cooperation with the University of Iowa, Think Iowa City, and other stakeholders. City Manager’s Office FY26-28 15 Safety & Well-being FUTURE VISION Our City supports the mental and physical well-being of our community members. Public safety response, whether from the City or a non-profit partner, is nuanced depending on the specific needs of the situation. Community members receive emergency response services promptly and welcome responders as problem-solvers. Inviting spaces for social interaction, exercise, and regeneration are equitably located throughout the community and are lively with activity and use. New and long-time community members alike, especially marginalized groups, easily build networks and establish roots within our community. Community members have safe, healthy indoor spaces and are well-prepared for climate-related changes. STRATEGIES To advance the Vision the City will pursue the following strategies: Implement and expand innovative public safety models and facilities to improve outcomes and relationships within the community. Partner with non-profits to address the most emergent and foundational community safety and well-being needs. Build community by fostering social connections and developing safe, accessible public spaces for gathering. 16 ACTION PLAN Action Champion Target Date Work collaboratively with Johnson County and other stakeholders to launch a community violence intervention effort in close cooperation with local law enforcement. City Council and Police Department FY23-24 Leveraging American Rescue Plan Act funds, build capacity in local non-profits that will help ensure they are able to meet future community demands. Neighborhood & Development Services FY23-26 Build on the relationship with the University of Iowa College of Nursing to increase participation in the Healthy Homes program. Neighborhood & Development Services FY23-26 Expand the Mental Health Liaison program with CommUnity Mobile Crisis with a goal of 24-hour coverage by the end of FY28. Police Department FY23-28 Actively promote 988 throughout the year and ensure that CommUnity Mobile Crisis has resources to meet community demands. City Manager’s Office and Communications FY23-28 Continue critical exterior renovations to the Senior Center and continue progress on Senior Center Facility Master Plan recommendations. Senior Center FY23-28 Integrate CommUnity Mobile Crisis into the 911 dispatch protocols. Police Department FY24-26 Consider and, where feasible, implement alternatives to routine non-emergent traffic stops. Police Department FY24-26 Expand neighborhood-based programs such as mobile community social/recreation resources (fun patrol), nests or micro-hubs for kids/teens. Parks & Recreation FY26-28 17 RESOURCES Facilities, Equipment and Technology FUTURE VISION Municipal facilities are modernized and designed for operational efficiency, capacity for growth, employee safety and health, resilience, alignment with Climate Action goals, and civic pride. Funding of equipment and facility replacement funds and partnerships with other entities result in joint facilities, technology, and equipment that improve access and services. City staff are encouraged to be entrepreneurial in their approach and actively seek to innovative and streamline processes while improving service levels to the community. STRATEGIES To advance the Vision the City will pursue the following strategies: Invest in the next generation of public facilities and equipment to create immediate operational efficiencies, boost workplace safety, health, and morale, and improve cross-department collaboration. Promote high-performance governance leveraging technology, partnerships, and innovation. 18 ACTION PLAN Action Champion Target Date Outline a municipal-wide facilities plan and initiate relevant action steps to keep projects moving forward. City Manager’s Office FY23-24 Complete a City Hall and Public Safety Headquarters space needs study and develop a plan for next steps toward implementation. City Manager’s Office FY23-24 Implement the asset management system and expand use for facility maintenance and management. Public Works FY23-25 Develop and implement an electric vehicle transition plan. Public Works and Climate Action & Outreach FY23-25 Pursue grant opportunities, bolster the Facility Reserve Fund, and explore public/private partnerships to facilitate completion of key facility projects. City Manager’s Office and Finance FY23-28 Design replacement and renovated facilities to ensure alignment with Climate Action goals and create safer and healthier working environments for public employees. City Manager’s Office FY24-28 Improve public transparency through a coordinated and centralized open data platform. City Manager’s Office FY26-28 Consider resourcing a Smart City initiative that prioritizes data-driven decision- making through technology adaptation and data analysis. City Manager’s Office FY26-28 19 People FUTURE VISION The City is an employer of choice in the region and viewed as a rewarding, long-term career choice. Valuable benefits, flexible schedules, energizing workspaces, remote and hybrid work arrangements, and professional development and advancement opportunities improve productivity, service to the public, and morale. Employees enter an inclusive, fun, and engaging environment each workday. City staff, board and commission members, and volunteers are demographically representative of the City population at-large and every employee is continuously building cultural awareness. Leadership and elected officials ensure sufficient staff levels to maintain baseline services, weather vacancies or emergencies, protect against employee burnout, and add capacity to act on special assignments and strategic, long-term initiatives. STRATEGIES To advance the Vision the City will pursue the following strategies: Establish the City of Iowa City as an employer of choice in the region with a pay plan, benefits package, and flexible work options that attract and retain high-quality and motivated public service employees. Carry out a multi-dimensional staff engagement initiative to ensure every City employee feels welcome, informed, involved, and engaged at work. Build a diverse talent pipeline. 20 ACTION PLAN Action Champion Target Date Complete and execute upon the results of an organization-wide classification and compensation study. As part of study, review all job requirements to ensure applicability and eliminate unnecessary barriers to employment, including testing, residency requirements, education, and certification or license requirements. Human Resources FY23-25 Monitor implementation of new telecommuting and flexible work schedule policies to ensure public service standards are fully met and desired employee work arrangement flexibility is pursued where possible. City Manager FY23-25 Balance investment in new annual initiatives with staffing levels to ensure core municipal service levels are maintained and reduce instances of burnout. City Manager’s Office and City Council FY23-28 Elevate new and existing intra-organizational communication strategies to bolster information sharing and improve productivity and connectiveness across the organization. City Manager’s Office FY23-25 Create more opportunities to promote inter-departmental relationships, collaboration, and problem-solving. City Manager’s Office FY23-25 Upskill City staff in implicit bias, cultural awareness, and inclusion. Equity & Human Rights FY23-28 Develop recruitment network with local minority institutions. City Manager’s Office FY23-28 Take steps to promote more diverse representation on Boards, Commissions, and Committees. City Council FY23-28 Ensure every single employee knows the City’s strategic vision and can connect their role accordingly. City Manager’s Office FY23-28 Strengthen volunteer engagement, management, and appreciation efforts. City Council and City Manager’s Office FY23-28 Implement increasingly relevant organization-wide training opportunities such as conflict resolution and de-escalation training. City Manager’s Office FY24-28 Conduct comprehensive benefits review and implement changes based upon best practices and modern expectations, exploring benefits such as paid volunteer time, wellness offerings, and flexible stipends for challenges such as childcare, transportation, higher education and more. City Manager’s Office FY25-28 Launch targeted apprenticeship program(s) in partnership with local education and workforce institutions. City Manager’s Office FY26-28 21 Financial FUTURE VISION City residents believe property taxes and utility fees are fair and commensurate to service levels, and do not experience erratic changes in rates and fees. The City maintains sufficient financial resources to proactively maintain and replace assets, carry out strategic plan initiatives, and be insulated from unanticipated financial stressors. Partnerships, grant funding, and other creative financing mechanisms are routinely part of program and project financing structure. The City maintains a AAA bond rating, resulting in lower borrowing costs for residents and businesses. STRATEGIES To advance the Vision the City will pursue the following strategies: Grow the tax base, consider alternative revenue sources, and leverage outside funding to maintain core services and pursue community priorities while maintaining equitable property tax rates. Exercise fiscal responsibility by maintaining and growing assigned and emergency reserve funds and prudent debt management. 22 ACTION PLAN Action Champion Target Date Ensure Enterprise Funds are well supported through incremental rate and fee increases and do not become reliant on large rate spikes, property taxes, or unplanned debt issuance. Finance FY23-28 Coordinate with Iowa League of Cities, Metro Coalition, and the City’s contracted state lobbyist to oppose unfunded state mandates and detrimental tax reforms. City Manager’s Office FY23-28 Maintain the City’s AAA bond rating. Finance FY23-28 Increase the Emergency Fund balance by an annual target of 5%. Finance FY23-28 Significantly bolster the Facility Reserve Fund and develop an implementation plan for use of funds that minimizes large debt issuances. Finance FY23-28 Create a centralized grant management initiative that will focus on securing additional private, state, and federal funding opportunities, while ensuring proper oversight and compliance. City Manager’s Office FY24-28 Develop and maintain cost recovery guidelines for programs and services that balance fiscal responsibility and equity. City Manager’s Office FY26-28 Consider financial incentives and land use policies that aim to grow and diversify the tax base (commercial, industrial, and residential). City Manager’s Office FY26-28 Consider alternative revenue sources such as a Local Option Sales Tax that can help achieve strategic plan goals, fund infrastructure and facility needs, and reduce reliance on property tax. City Manager’s Office and City Council FY26-28 23 ALIGNMENT CROSSWALK NEIGHBORHOODS & HOUSING Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, Human Rights Better Together 2030 Vision Envision East Central Iowa Explore legal steps to discourage or prevent bad faith and predatory property investors. X X Act on building regulation recommendations outlined in the Accelerating Iowa City’s Climate Actions Report, including TIF energy efficiency incentives, energy standards for height and density bonuses, and a climate action building permit rebate program. X X X Revamp the neighborhood PIN grant program and evaluate discretionary funding for district/neighborhood grassroots projects. X X X X Advance prioritized recommendations in the 2022 Affordable Housing Action Plan. Work with partners to undertake significant-scale affordable housing efforts. X X X X Seek out and approve residential TIF applications for infrastructure when the project provides community benefit such as permanent affordable housing, expansive public open space, or advancement toward stated climate action goals. Consider a standard application of residential TIF for all new annexations to meet permanent affordable housing goals. X X X X X Initiate a Comprehensive Plan update and subsequent Zoning Code review to more broadly incorporate form-based principles, expanded missing middle housing allowances, incorporate minimum density requirements, and streamline approval processes. X X X X X Bolster financial support for homeless services and evaluate shifting towards shelter as service model. X X X X Explore pilot housing projects utilizing tiny homes, 3D printed homes, prefabricated or manufactured homes, net-zero homes, or other innovative options X X X X X Expand the South District Homeownership Program to other targeted neighborhoods and consider allowing relocation assistance to expedite completion. X X X X Provide all residents with public open space within a 15-minute walk or bike ride by strategically executing agreements with local schools or other partners. X X X X X 24 MOBILITY Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Fully evaluate the feasibility and funding sources needed for a zero-fare transit system. X X X Develop a vision statement for a singular regional transit system with metro Johnson County entities and obtain initial commitments to study a regional system from each entity’s elected officials. X X X X X Install additional permanent charging stations for vehicles, bicycles, and electronic devices. X X X X X Identify additional opportunities for road diets, sidewalk infill, curb cut enhancement, and bike lane installation with a goal of at least two such projects each construction season. X X X Explore opportunities to utilize the CRANDIC right-of-way for passenger rail, bus rapid transit, or pedestrian usage. X X X X Evaluate with the State of Iowa reverting Dodge and Governor to 2-way streets. X X Consider an on-demand or subsidized voucher system for times and locations in which no fixed route service is available X X X Expand snow clearing operations at sidewalk corners in high priority pedestrian areas, bus stops, and bike lanes. X X Secure federal funding for a relocated transit building that can accommodate future growth in service and electrification of the fleet. X X X Consider adding or retrofitting bike pathways that are separated from streets or protected utilizing flexible bollards. X X X Initiate and promote vehicle and bike-share/scooter programs. X X X Expand the fleet of electric buses or other low-no emission-technology vehicles each time a diesel bus is due for replacement and seek grants that can expedite the conversion. X X Evaluate with the State of Iowa the possibility of a Burlington Street Road Diet utilizing flex zones in non-peak hours, X X 25 ECONOMY Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Enhance access to affordable childcare for all populations through innovative partnerships with higher education, non-profits, and the business community. X X X X Utilizing American Rescue Act Funds, execute on agreeable recommendations in the Inclusive Economic Development Plan with a particular focus on actions that build long-term support and wealth building opportunities for systemically marginalized populations. X X X X X Partner with Kirkwood Community College, Iowa City Community School District, Iowa Labor Center, local trades, and other stakeholders to provide meaningful career development opportunities, pre-apprenticeship, and apprentice programs. X X X X X Increase small business technical assistance to aid in the creation, success, and growth of home-grown businesses. X X X X Create flexible incentives to support the top goals of Iowa City’s Self-Supporting Municipal Improvement Districts and other commercial nodes, including attaining a desired business mix that serves the surrounding neighborhood. X X X X Develop targeted marketing to promote Iowa City as a unique and attractive place to do business. X X X Develop a riverfront master plan in cooperation with the University of Iowa, Think Iowa City, and other stakeholders. X X X X 26 SAFETY & WELLBEING Values Regional Plans Action Steps Partnerships & Engagement Climate Action Racial Equity, Social Justice, & Human Rights Better Together 2030 Vision Envision East Central Iowa Work collaboratively with Johnson County and other stakeholders to launch a community violence intervention effort in close cooperation with local law enforcement. X X X Integrate CommUnity Mobile Crisis into the 911 dispatch protocols. X X X Leveraging American Rescue Plan Act funds, build capacity in local non- profits that will help ensure they are able to meet future community needs. X X X X X Consider and, where feasible, implement alternatives to routine non- emergent traffic stops. X X Build on the relationship with the University of Iowa College of Nursing to increase participation in the Healthy Homes program. X X X Expand the Mental Health Liaison program with CommUnity Mobile Crisis with a goal of 24-hour availability within the five-year period. X X X Actively promote 988 throughout the year and ensure that CommUnity Mobile Crisis has resources to meet community demands. X X X Continue critical exterior renovations to the Senior Center and continue progress on Senior Center Facility Master Plan recommendations. X X X Expand neighborhood-based programs such mobile community social/recreation resources (fun patrol), nests or micro-hubs for kids/teens. X X X X 27 TRACKING PROGRESS Reporting Progress on Strategic Plan initiatives will be reported upon in the following ways: Progress Report delivered in a narrative format annually (August). Call-out of directly-related Strategic Plan items will be included on relevant City Council meeting agenda items and through the budget process. A standing Work Session agenda item to include a brief verbal update from the City Manager’s Office. Routine inclusion of various Strategic Plan items in Communications and City Channel 4 productions. Significant Actions Not Included in the Plan To the extent possible, the time, energy, and resources of staff and council will be focused on items in this plan. However, some situations may warrant a significant shift of focus. It is recommended that actions related to unanticipated events that require the diversion of financial or staff resources be included in the reporting process even if not outlined in the original plan. CONSULTANT NOTES Decision-Making Framework New ideas and needs will surface that were not considered as part of this planning process. The Council may want to consider a decision-making framework when such items arise. The framework would enable City Council to methodically determine the degree to which a proposed action should divert financial and staff resources from the action steps outlined in this plan. Community-Wide Metrics/Dashboard Many of the strategies and actions outlined this plan are intended to have an impact beyond traditional core city services. The City will lead or participate in multi-sector coalitions to address systemic problems such as childcare, climate change, housing, and racism. As such, it may be beneficial 28 to continue this more comprehensive approach with the development of city-wide metrics or dashboard to assess progress towards the vision and overall community health. Update Mid Plan While the vision and strategies outlined should remain consistent for the duration of the plan, the consultant team suggests an update of the action steps after the first few years. As is the case with any five-year plan, actions are skewed towards the most pressing needs. A more intensive facilitated mid- plan review would give all parties an opportunity to assess plan progress and fully build out the action steps in later years. ACKNOWLEDGMENTS City Council Bruce Teague, At-Large, Mayor Megan Alter, At-Large, Mayor Pro Tem Laura Bergus, At-Large Janice Weiner, At-Large Pauline Taylor, District A Shawn Harmsen, District B John Thomas, District C Consultant Team ECICOG Karen Kurt, Executive Director Adam Bentley, Economic Development Specialist Harrison Freund, AICP, Planning Fellow Jessica Johnson, Community Development Specialist Tracey Achenbach, Housing Director Date: March 15, 2023 To: Geoff Fruin, City Manager From: Kirk Lehmann, Associate Planner Re: Iowa City Residential Development in 2022 Introduction: Every year, the City of Iowa City analyzes residential subdivision and building permit data to track development patterns and to compare recent and long-term trends. The goal is to provide accurate information that can be used during land use and planning decision-making processes, and to provide a discussion on implications for future growth. Key takeaways in 2022 include: - 2022 continued the trend of low levels of residential lot creation from the past few years. - The number of dwellings units permitted increased slightly from 2021, but the City is still seeing fewer units permitted than before the pandemic. - Permit activity continues to outpace the creation of new lots, which diminishes the supply. - If residential growth continues its recent pace, the City will only be able to accommodate less than 6,300 new residents by 2030, compared to a projected demand of 10,240. - While redevelopment can provide some additional housing, the City is still on track to experience unmet demand and deplete its supply of all vacant lots. Where housing demand remains unmet, the City may see impacts to its population growth and the growth of surrounding communities, which has implications on the City’s sustainability and housing affordability goals. One of the fundamental aspects of planning is being able to accommodate new growth. Staff believes it is important to continue encouraging residential development in areas with access to City services, as well as in the City’s planned growth areas. Background: Residential development is the process by which land is prepared for new dwellings, either as new construction on vacant land or redevelopment on land that was previously developed. It includes a series of steps with each step provides more clarity to the size, type, and appearance of the development. However, it is the final two steps of the land development process that provide the best understanding of how many new dwelling units are expected in the next few years: - Final Plats: A subdivision permanently delineating the location and dimensions of features such as lots, streets, easements, and other elements pertinent to the transfer of property. - Building Permits: The final administrative approval of building plans to allow construction. In general, the City distinguishes between three types of development. Single-family development includes one principal dwelling unit on a lot, which may be detached or attached to adjacent units (such as townhomes) and which may include accessory dwelling units. Duplex development includes two principal units on a single lot. Multi-family development includes three or more principal dwelling units on a single lot, which may include apartments or condominiums. In buildings with a mix of residential and non-residential uses, all dwellings are considered multi- family. March 15, 2023 Page 2 Analysis: This section reviews short-term and long-term trends on the approval of final plats, the issuance of building permits, and the number of vacant lots. This is used to estimate how long the supply of lots will last given recent development activity. Final Plat Activity In 2022, City Council approved two final plats with residential components: Sandhill Estates Part 5 in the south and Hickory Trail Estates in the northeast. While they encompass 57.63 acres, only 18.65 will be developed with 38.98 acres dedicated as parkland. In total, these subdivisions created lots that can accommodate 18 single-family units and an assisted living use with an estimated 140 beds (which are counted as dwelling units in Figure 1). Both properties were zoned Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5). In 2022, the residential lots platted will accommodate the lowest number of single-family dwelling units since at least 1990 with the exception of 2010 (long-term trends are in Attachment 1). This is somewhat offset by the multi-family lot with a proposed 140-bed assisted living facility. While beds typically do not count as dwelling units, they do help accommodate some residential growth. Overall, the number of lots produced were below the average lots platted from 2012 to 2021, which would have accommodated an average of 128 single-family, 7 duplex, and 136 multi-family units annually. Figure 1 shows residential lots subdivided by type from 2012 to 2022. Figure 1: Residential Lots Subdivided by Housing Type (in Anticipated Dwelling Units), 2012-2022 Over the previous 30 years, enough lots were created to accommodate an average of 133 single- family units, 11 duplex units, and 123 multi-family units each year. This indicates that the production of single-family and duplex lots has somewhat decreased over time, while the production of lots accommodating multi-family units has increased. However, lot creation tends to occur in cycles lasting about 10 years with a recent peak in 2015. The City appears to be near the low point of its development cycle, though staff had hoped to see a larger rebound in development trends after last year. If past trends hold, development may increase over the next few years to peak around 2026. Several final plat applications are currently under review this year, which should help numbers in 2023. 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Multi-Family 209 76 7 144 98 279 206 204 108 32 140 Duplex 16 0 2 18 0 14 12 0 0 12 0 Single Family 111 154 254 259 169 31 105 79 56 65 18 0 50 100 150 200 250 300 350 400 450 Un i t s P l a t t e d March 15, 2023 Page 3 Building Permit Activity With regards to building activity, the City issued permits for approximately 363 dwelling units in 2022. Figure 2 shows residential building permits issued by type from 2012 to 2022. Trends for building permits include the following: - Single-Family: The number of single-family building permits sunk to 95 units from a brief uptick during 2021 and is now well below the 10-year (138) and 30-year (145) averages. Since 1990, 358 more single-family building permits were issued compared to lots created, which has decreased the supply of vacant single-family lots over time. - Duplex: Only 2 duplex units were permitted in 2022, which is lower than the 10- and 30- year annual averages of 10 and 22 respectively. However, relatively few duplexes are permitted annually, which causes greater variation in numbers. Prior to the 2005 zoning code update, duplexes were about twice as common. The supply of duplex lots also decreased over time with 166 more duplexes permitted than lots created since 1990. - Multi-Family: Permits for multi-family units increased to 266 units in 2022, but the number is still slightly below both the 10-year average (386) and 30-year average (274). Of the units permitted this year, 249 are due to a single building in the Riverfront Crossings District. Notably, no multi-family units were in mixed use buildings this year. Figure 2: Residential Building Permits Issued by Housing Type (in Dwelling Units), 2012-2022 Attachment 2 shows long-term trends in building permit activity. Similar to platting patterns, single- family and duplex building permits occur in cycles, but they have trended downward the past 30 years. However, multi-family construction has increased over time, especially following the adoption of the Downtown and Riverfront Crossings Master Plan in 2012. This has led to redevelopment in the Riverfront Crossings District, which is reflected in the recent peak in multi- family activity that culminated in nearly 900 multi-family units permitted in 2016 alone. As a result, the total number of units permitted has trended upward over the past 30 years. 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Multi-Family, Mixed Use 100 27 37 47 340 150 169 59 0 40 0 Multi-Family 140 488 218 499 556 203 163 417 49 155 266 Duplex 16 8 14 6 12 8 10 8 8 6 2 Single Family 143 171 176 137 172 157 109 80 97 133 95 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 Dw e l l i n g U n i t s P e r m i t t e d March 15, 2023 Page 4 Development Potential In general, the number of new building permits exceeded the creation of new lots for all development types since at least 1990. Because multi-family development often occurs on infill sites, it is less dependent on the creation of new lots compared to single-family and duplex development. Figure 3 notes the number of vacant lots in Iowa City, the number of dwelling units they can accommodate, and whether they still require infrastructure for a building permit to be issued. This year’s memo provides a more complete understanding than last year’s because it includes all vacant lots in Iowa City rather than just those in subdivisions platted since 1990. Figure 3: Number of Vacant Lots by Type of Dwelling and Provision of Infrastructure Dwelling Type Infrastructure Required Infrastructure Provided Total Lots Units Lots Units Lots Units Single-Family 124 124 270 270 394 394 Duplex 0 0 12 24 12 24 Multi-Family 4 56 16 709 20 765 At the end of 2022, the City had approximately 394 vacant single-family lots, of which 270 are currently served by infrastructure. The City also contained 12 vacant duplex lots with infrastructure provided. With regards to lots that still require infrastructure to be built, the City anticipates 18 single-family lots will become buildable next year in Sandhill Estates Pt. 5 which was recently platted. The other 106 single-family lots that still require infrastructure are from older subdivisions that are not likely to be built out anytime soon. Note that residential lots owned by adjacent property owners and used as a single lot are excluded from these numbers because they are unlikely to develop. Most vacant single-family lots available for development are in the Northeast, South, or Southeast Planning Districts. Multi-family development depends less on new lot creation because many new units are part of redevelopment projects on existing lots. At the end of 2022, the City had around 20 vacant multi- family lots, of which 16 had infrastructure provided. 14 of these lots are on greenfield sites and are expected to accommodate at least 483 dwelling units (including the assisted living facility with 140 beds). The other 2 lots are on infill sites and concepts show them accommodating at least 226 units. The 4 multi-family lots that do not yet have infrastructure constructed are expected to accommodate at least another 56 dwellings units. Vacant developable multi-family lots are spread throughout the City, including the North (52 units), Northeast (70 units + 140 beds), Southeast (75 units), South (36 units), Northwest (110 units), and Central/Downtown (226 units) Planning Districts. Undevelopable lots are currently located exclusively in the South District. There is also some capacity for additional units on partially developed lots that are not included. Based on development trends from 2012 through 2021, the supply of vacant lots with infrastructure would last as follows: - 2.0 years for single-family units (down from 2.7 in 2021), - 2.4 years for duplex units (down from 3.7 om 2021) - 1.8 years for multi-family units (up from 1.7) – note redevelopment extends this timeframe. Because this analysis is more complete than that conducted last year, the decrease in the supply of vacant single-family and duplex lots points to an even larger deficit than previously understood. March 15, 2023 Page 5 Discussion: The year 2022 marks one of the lowest levels of residential lot creation in at least 30 years, especially as it relates to single-family lots. It also reflects broader trends such as building permit activity outpacing the creation of new lots. This has resulted in a diminishing lot supply which is not meeting the demand. Ripple effects include increased competition for a limited supply of residential lots, which can increase lot prices. Despite this, the number of dwelling units developed has increased over the past 30 years, primarily due to multi-family redevelopment which does not depend as heavily on the creation of new lots. Looking forward, the Metropolitan Planning Organization of Johnson County (MPO) projects a demand for 10,240 new residents in Iowa City by 2030. However, if recent trends continue through 2030, the City would only be able to accommodate new population as follows: - 2,626 new residents based on the development of all vacant residential lots (in 394 single-family units, 24 duplex units, and 765 multi-family units); or - 3,189 new residents based on average annual residential lot creation trends from 2020 through 2022 (in 463 single-family units, 40 duplex units, and 933 multi-family units); or - 6,297 new residents based on average annual building permit trends from 2020 through 2022 (in 1,083 single-family, 53 duplex, and 1,700 multi-family dwelling units) Based on the most optimistic scenario, the City stills need to develop and build out all currently platted vacant lots, and add lots accommodating an additional 689 single-family, 30 duplex, and 935 multi-family dwelling units over the next 7 years. This would still only accommodate 61% of the projected demand for new housing and would leave the City with no available lots for the next decade. To meet the full demand projected by the MPO, the City would need to construct approximately 3,430 dwelling units, on top of developing all existing vacant lots. Staff anticipates the completion of several final plat and redevelopment applications this year which will help next year’s outlook. However, these trends continue to highlight a significant deficit. If Iowa City cannot meet its demand for housing, it may see slower population growth along with other repercussions. First, excess demand may locate in nearby cities, such as Tiffin or North Liberty, which have seen a proliferation of new residential lots. This can create negative environmental impacts as homes shift further from employment centers and car dependence and traffic congestion increases. Other impacts include rising housing prices - when supply cannot meet the demand for housing, Iowa City becomes less affordable. Regardless of the cost when built, new homes are needed to help the City meet its demand for housing to achieve affordability. Accommodating new residential growth is a fundamental aspect of planning for the future of Iowa City. Staff believes it is important to continue to encourage residential growth in areas that have access to City services, such as in infill locations, as well as in the City’s designated growth areas which are anticipated to become part of the City in the future. Attachments: 1. Residential Lots Subdivided by Housing Type (in Anticipated Dwelling Units), 1990-2022 2. Residential Building Permits Issued by Housing Type (in Dwelling Units), 1990-2022 Attachment 1: Residential Lots Subdivided by Housing Type (in Anticipated Dwelling Units), 1990-2022 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Multi-Family 194 0 44 22 20 4 262 28 89 434 118 233 54 413 117 169 11 142 31 0 60 64 209 76 7 144 98 279 206 204 108 32 140 Duplex 12 0 40 6 22 116 8 0 0 0 2 0 24 26 4 0 0 8 6 0 0 0 16 0 2 18 0 14 12 0 0 12 0 Single-Family 75 264 167 359 205 49 89 110 46 174 92 63 281 108 300 193 173 77 65 81 0 79 111 154 254 259 169 31 105 79 56 65 18 0 50 100 150 200 250 300 350 400 450 500 550 600 650 An t i c i p a t e d D w e l l i n g U n i t s Attachment 2: Residential Building Permits Issued by Housing Type (in Dwelling Units), 1990-2022 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Mixed Use*17 82 45 42 56 0 16 51 100 27 37 47 340 150 169 59 0 40 0 Multi-Family 203 140 312 235 335 166 218 185 97 152 267 310 402 486 220 141 138 83 85 71 80 76 140 488 218 499 556 203 163 417 49 155 266 Duplex 2 10 12 20 28 16 28 26 32 44 26 34 34 60 52 62 18 26 16 10 8 18 16 8 14 6 12 8 10 8 8 6 2 Single-Family 136 143 214 223 206 149 90 110 154 209 139 129 148 193 149 160 137 133 114 127 108 80 143 171 176 137 172 157 109 80 97 133 95 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 Dw e l l i n g U n i t s * not collected prior to 2004 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION APRIL 5, 2023 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Mark Signs, Billie Townsend, Chad Wade MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Kirk Lehmann, Anne Russett, Parker Walsh OTHERS PRESENT: Mike Welch, Jon Marner, Brian Boelk, Jack Topp, Steve Roe RECOMMENDATIONS TO COUNCIL: By a vote of 7-0 the Commission recommends approval of SUB22-0019, an application submitted by Western Home Independent Living Services, Inc. for a Preliminary Plat for Western Home GPD of Iowa City, a 31.65-acre subdivision containing 3 lots and 1 outlot intended for a senior living community with 35 single-family homes, 8 duplex units, 38 multi-family units, 20 townhome-style units, 1 assisted living facility with approximately 32 beds, and neighborhood commercial uses located East of Camp Cardinal Road and north of Gathering Place Lane. By a vote of 7-0 the Commission recommends approval of SUB23-0002, an application submitted by IWV Holdings, LLC. for a preliminary plat of the Melrose Commercial subdivision, an 8-lot, 62.22-acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. By a vote of 6-0 (Elliott recused) the Commission recommends approval of REZ23- 0003, an application for a rezoning of approximately 10.26 acres of land from Low Density Multi-Family Zone with a Planned Development Overlay OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development Overlay Plan and Sensitive Areas Development Plan. By a vote of 6-1 (Padron dissenting) the Commission recommends approval of the bylaw amendments as presented in the agenda packet. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. SUB22-0019: Location: East of Camp Cardinal Road and north of Gathering Place Lane An application for a preliminary plat for Western Home GPD of Iowa City, a 31.65-acre subdivision containing three lots and one outlet to accommodate 35 single-family units, 8 duplex units, 38 multi-family units, 20 townhome-style units, 1 assisted living building, and neighborhood commercial uses. Planning and Zoning Commission April 5, 2023 Page 2 of 17 Lehmann began the staff report with an ariel map noting it's one of the large undeveloped areas east of 218 that's remaining on the west side of the river. He reminded the Commission that this area came before them as a rezoning recently and this is now the preliminary plat aspect of that. Per the preliminary plat, there are single family homes in the north and east, some multifamily uses and a church to the south, and then some undeveloped land to the west that was recently subdivided into the Cardinal Heights subdivision. In terms of zoning, Lehmann noted there was an error in the zoning map in the agenda packet as there's been some recent rezonings that weren't reflected in that map so he shared an updated rezoning exhibit with the Commission. Lehmann stated the north and south areas are zoned RS-5/OPD, which is low density singlefamily residential with a planned development overlay. The south also has some low density multifamily residential, in addition to the single family residential. To the east is some rural residential (RR1) and to the west it's predominantly low density multi residential (RM-12) and a lot of the areas have a planned development overlay (OPD) because there's significant sensitive features within the area. Lehmann stated the purpose of this preliminary plat is to allow a senior housing project which would have a mix of housing types, as well as a mix of uses, including some commercial uses. The rezoning came before this Commission and was approved on February 7, where it was rezoned to medium density single family residential with the planned development overlay. As part of that rezoning it had two conditions, one is that the owner must contribute to 50% of the upgrading of Camp Cardinal Road between Gathering Place Lane and the extension of Deer Creek Road, and that does include the cost of the traffic circle that would be part of that. The second condition is that there is on street parking and that they would have to maintain that as well. With the rezoning, because of the sensitive features, there was a preliminary planned development overlay plan and a sensitive areas development plan that were approved as part of that rezoning. Lehmann did also note that the applicant does own most of the subject property, but there is a small portion that is still owned by St. Andrew Presbyterian Church so staff does anticipate a future boundary line adjustment that would allow the acquisition of that piece of property. A boundary line adjustment is an administrative process, but then that would be incorporated into the final plat and it platted through that methodology. In terms of the actual layout of the preliminary plat, it is 31.65 acres and would have three lots and one outlot for that senior living use. It has a range of different housing types including some single-family units, duplex units, some larger multifamily units and townhome style multifamily units, and then an assisted living facility. In addition there are some small scale neighborhood commercial uses and Lehmann pointed on the plat the three lots where those would all be located and explained it's not platting off individual lots, the land would be commonly owned, as a condo or under a single ownership. The outlot and the portion expected to be added into this project with the boundary line adjustment is the small roundabout terminus at Gathering Place Lane to the east. In addition, as far as road networks, there are extensions of Deer Creek Road and Camp Cardinal Road that are incorporated as part of this as well as the improvement of Camp Cardinal Road discussed in the rezoning condition. There are also two cul-de-sacs and one loop street included in the plat. Planning and Zoning Commission April 5, 2023 Page 3 of 17 With regards to consistency with the Comprehensive Plan, Lehmann explained there is no district plan for this area, which is the Northwest Planning District, but the Comprehensive Plan shows it as eight dwelling units an acre residential and it is approximately 3.7 dwelling units per acre as proposed. The proposal also meets a number of different goals in the Comprehensive Plan that are enumerated in the staff report and includes things like a diversity of housing types, adding connections to existing neighborhoods to the extent possible, including street connectivity, it is an infill lot so it's a contiguous neighborhood and tries to be a pedestrian oriented development with sidewalks and some neighborhood commercial destinations. The plan also preserves sensitive features through its sensitive areas development plan. In terms of the design of the subdivision, it very closely follows what was in the OPD plan that was approved previously with more intense uses to the south and west, and less intensity to the north and east, which is similar to the surrounding uses. In terms of access, the primary access would be from Camp Cardinal Boulevard via Camp Cardinal Road, and it would be a single point of access at the beginning but they’re expecting secondary access as Deer Creek Road is extended over to Camp Cardinal Boulevard again in the future. That secondary access would occur as part of the Cardinal Heights subdivision that was recently approved. Lehmann next discussed that the plat includes some on-street diagonal parking, which is a bit unusual because the City isn't really geared to handle that kind of maintenance. A condition of the rezoning was that the developers would need to maintain those diagonal on-street spaces. Also with the Gathering Place Lane extension, it does terminate at the St. Andrew property with a temporary turnaround but it does allow for future connectivity should the east portion of the St Andrew property to the south develop. Lehmann next reviewed the sensitive areas development plan that was approved at the time of the rezoning. It was required due to wetlands, woodlands, a stream corridor and regulated slopes and it was a level two sensitive areas review which is why it came before this Commission. Lehmann showed an image of the woodlands, stream corridors, wetland buffers and regulated slopes and he pointed out the construction limits and noted the preliminary plat does include elements of the sensitive areas development plan, including those construction limits, in addition to the conservation easement. Regarding neighborhood open space, the City requires a dedication of open space or fee in lieu of land dedication at the time of preliminary platting for residential subdivisions and it's based on the needs generated by the proposed residential developments. Western Home has requested a fee in lieu of public open space in this case and that amount is equivalent to 1.08 acres of dedication, which based on a recent appraisal is approximately $140,000, so that is the anticipated fee that would be dealt with at the time of final platting. With regards to stormwater management, Lehmann explained there are two new stormwater basins that are proposed, one is in the southwest corner of the plat near the intersection of Camp Cardinal Road and Gathering Place Lane. The other is in the arc of Gathering Place Lane to the south and both would connect into existing basins on the St Andrew's site. Public Works has reviewed and approved those preliminary stormwater plans but those would be finalized at the time of final platting with other construction documentation. With regards to the water distribution system, the property can be serviced by water but because there is a relatively large cul-de-sac until there's future connectivity along Gathering Place Lane the City is requiring that be looped in Planning and Zoning Commission April 5, 2023 Page 4 of 17 order to provide redundancy from water supply and some other benefits like ensuring water pressure and things of that nature. The plat does show a private water easement that runs along the south edge of this property and also runs partially in St. Andrew’s property, but Public Works has reviewed those and believe that those look like adequate locations. Staff understands that there has been an agreement reached with St. Andrew’s to allow that to occur, but that will again be finalized at final platting. Finally, there are some anticipated infrastructure fees as well including water main extension fees and sanitary sewer tap on fees. Finally, Lehmann wanted to mention staff received some correspondence, specifically from a Mr Bentley, who wanted to make sure that developers know the area is important to native wildlife and vegetation and also encourages scaling back where possible to conserve habitat or increased building density to minimize disruption to land during construction. Staff recommends approval of SUB22-0019, an application submitted by Western Home Independent Living Services, Inc. for a Preliminary Plat for Western Home GPD of Iowa City, a 31.65-acre subdivision containing 3 lots and 1 outlot intended for a senior living community with 35 single-family homes, 8 duplex units, 38 multi-family units, 20 townhome-style units, 1 assisted living facility with approximately 32 beds, and neighborhood commercial uses located East of Camp Cardinal Road and north of Gathering Place Lane. Next steps would be upon recommendation from the Planning and Zoning Commission, this item will be considered by Council at an April meeting and following that would be final plat approval by Council. Staff will review the final sensitive areas development plan, site plan review, and the building permit review. {Commissioner Wade joined the meeting during the staff report} Padron asked would the development be responsible for maintaining the stormwater management system. Lehmann confirmed they would also be required to maintain that stormwater basin. Hensch opened the public hearing. Mike Welch (Welch design and development) is here on behalf of Western Home Independent Living Services. He noted regarding preserving areas and habitat when they did the concept plan and rezoning they noted the area at the south side of Gathering Place Lane between the back of the single family homes and the stormwater detention basin is pretty steep with a 30-35 foot change in elevation. They are working with a local ecological consultant and looking at doing native plantings and some things to protect those slopes and also avoid having just a big area of lawn that needs to be maintained. In addition to preserving and protecting those wetlands as far as if restoration and managing that that fails, there's usually multiple owners but this is an opportunity to address that differently since there is just one owner. Hensch asked if the property has been acquired in the southeast corner. Welsh stated there's a purchase agreement in place and they are just waiting on the boundary adjustment. Hensch asked if currently there are any zoning ordinances regarding wildlife habitat or restoration in a wildlife reserve. Russett replied the sensitive areas ordinance acts as a proxy for Planning and Zoning Commission April 5, 2023 Page 5 of 17 that type of thing. Hensch closed the public hearing. Elliott moves to approve SUB22-0019, an application submitted by Western Home Independent Living Services, Inc. for a Preliminary Plat for Western Home GPD of Iowa City, a 31.65-acre subdivision containing 3 lots and 1 outlot intended for a senior living community with 35 single-family homes, 8 duplex units, 38 multi-family units, 20 townhome-style units, 1 assisted living facility with approximately 32 beds, and neighborhood commercial uses located East of Camp Cardinal Road and north of Gathering Place Lane. Townsend seconded the motion. Townsend asked about the final plat for Cardinal Heights subdivision and when that was approved and if it would be done soon or can this development still need to move forward with developing that infrastructure and moving forward with developing their project. Russett is unsure what the timeline is for the Cardinal Heights subdivision. A vote was taken and the motion passed 7-0. CASE NO. SUB23-0002: Location: Southwest corner of Slothower Road and Melrose Avenue/lWV Road SW An application for a preliminary plat for Melrose Commercial Park, a 62.22-acre commercial subdivision containing eight lots. Russett began the staff report with an aerial of the project site that’s located at the southwest corner of Melrose Avenue and Slothower Road. To the east is the Johnson County Poor Farm and to the south and to the north is mostly in unincorporated Johnson County. The zoning map shows the subject property is zoned intensive commercial, and the lane to the east is zoned public. In terms of background, in 2021 there was a Comprehensive Plan Amendment that came before the Commission as well as an annexation and rezoning to intensive commercial that was approved by City Council. Russett did note there were several conditions associated with that rezoning, one was the creation of a vegetative buffer easement at the southern end of the property, dedication of right-of-way along Slothower Road, and the owner would need to contribute to the upgrading of Slothower Road and actually build a portion of it as well. Another condition was that the Slothower Road and IWV Road be screened and landscaped to the S3 screening standard. There were also requirements on the location of loading areas and outdoor storage and those would need to be behind buildings. After that annexation and rezoning the owner did go through the subdivision process and it was platted to include two commercial lots. Since that time the City has received another application as the owner would like to add some additional lots and public streets to the site as well. This is why this Commission is looking at this again because it's a resubdivision. Planning and Zoning Commission April 5, 2023 Page 6 of 17 Russett showed a map of the preliminary plat, it is 62 acres with eight commercial lots. There's a north/south street called Platinum Lane and an east/west street called Gold Avenue that connects with Slothower Road. Slothower Road will need to be improved to that access point on Gold Avenue. Russett stated some of the conditions from the rezoning have already been met with the previous subdivision. The vegetative buffer easement area and the dedication of the Slothower Road right-of-way were met with the previous subdivision plat. She also noted Platinum Lane does end in a cul-de-sac due to the sensitive features to the south, the wetlands and stream corridor as well as the vegetative buffer easement. In terms of consistency with the Comprehensive Plan, an amendment to the Comprehensive Plan was adopted for this development showing this area as appropriate for intensive commercial uses as well as that open space vegetative buffer easement. Therefore, the subdivision is consistent with the Comprehensive Plan. Regarding the environmentally sensitive areas Russett stated a sensitive areas development plan has been approved, and the preliminary plat shows a conservation easement in those areas to protect those sensitive features. In terms of stormwater, the stormwater management is provided by two separate basins on the west and southeast of the property. Public Works has approved these preliminary stormwater management plans. The role of the Commission tonight is to determine if the plan is consistent with the City’s subdivision regulations and Comprehensive Plan. Staff recommends approval of SUB23-0002, an application submitted by IWV Holdings, LLC. for a preliminary plat of the Melrose Commercial Park subdivision, a 8-lot, 62.22-acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. Next steps, upon recommendation from the Planning and Zoning Commission, the preliminary plat will be considered for approval by the City Council. Craig asked Russett to speak about what is allowable in intensive commercial zones. Russett replied it is one of the more permissive commercial zones and allows things like general office uses, medical offices, retail sales, and also allows some more intense uses like general manufacturing and outdoor storage. She did note some of those uses do require provisional approval with specific standards that need to be met and some of those uses require a special exception which needs to go to the Board of Adjustment. Craig noted remembering some neighbors had concerns within the subdivision because they were pretty certain they knew what was going to go in there and this makes it sounds like that's not what would be going in here because they are doing the second division. Hensch asked if most of those intensive uses require Board of Adjustment approval. Russett is not sure, it would depend on the specific use. Wade noted the original plat approval was before his time on the Commission but wasn't there a good neighbor meeting held and as part of that the buffer area was introduced. Russett stated the buffer area actually came from comments from the public at a Commission hearing, the Planning and Zoning Commission April 5, 2023 Page 7 of 17 project actually changed through the input at the public hearing process. Hensch opened the public hearing. Jon Marner (MMS Consultants) is representing the developer and wanted to address a couple of the comments from the Commission members and to highlight a few items. First of all, as mentioned this is a redevelopment of a subdivision which was previously approved. As Melrose Avenue has been completed there has been some generic interest in the area, and the interest is for smaller lots as opposed to the to larger lots that were that were proposed and approved on that previous final plat. So now there are three smaller lots out on Melrose Avenue and some larger lots on the south side between Gold Avenue and the vegetative buffer. Regarding the vegetative buffer on the previous plat, when the previous Commission meetings were held that was one of the items that was highlighted as a concern, also expressed was one of the zoning items to provide some additional screening on the southern property line. That vegetative buffer was put in place to ensure that there was ample distance and separation from any potential future development and the residential properties to the south. They added the vegetative buffer to make sure that would remain and then there's additional landscaping that will also be provided. The detention basins are provided in that area as well so that's going to restrict any potential future development in that area. Hensch asked about the paved surface that will be on Slothower Road south of Melrose, to Gold Avenue, what's that distance to that from Melrose. Marner believes it's 350 feet from centerline to centerline. Hensch asked if they will be acquiring the right-of-way south of that and to the end of area on Slothower Road or will that come back in the future. Marner stated that was part of the previous final plat and was approved, the additional right-of-way on along Slothower Road on this property was platted at that time, this would acknowledge the 17 additional feet that was required on this property being considered for future construction of Slothower Road. Hensch closed the public hearing. Craig moved to approve SUB23-0002, an application submitted by IWV Holdings, LLC. for a preliminary plat of the Melrose Commercial Park subdivision, an 8-lot, 62.22-acre commercial subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road SW. Wade seconded the motion. Craig stated as in the previous one this is just another step in something that they spent a lot of time on for and it will be interesting to see what happens. A vote was taken and the motion passed 7-0. CASE NO. REZ23-0003: Location: N. Scott Blvd west of N. 1st Avenue An application for a rezoning of approximately 10.26 acres of land from Low Density Multi Family Zone with a Planned Development Overlay (OPD/RM-12) to OPD/RM-12 in order to amend the Planning and Zoning Commission April 5, 2023 Page 8 of 17 approved Planned Development Overlay Plan and Sensitive Areas Development Plan. Elliott recused herself from the discussion due to a potential conflict as she is on the Oaknoll Foundation Board. Walsh began the staff report showing a map of the area and the zoning map. The area is zoned as OPD/RM-12 and will remain as OPD/RM-12. The property was rezoned in May 2017 to OPD/RS-5 for lot one of the Larson Subdivision and OPD/RM-12 for lot two, which is the subject property of this application. The preliminary plat, final plat, preliminary OPD and SADP were also approved in 2017 for 60 units. Oaknoll East campus currently contains three multifamily buildings and 60 senior living units. The current zoning, OPD/RM-12, is generally used to provide high-density single-family housing and low-density multifamily housing. The proposed zoning will remain the same and is intended to amend a previously approved OPD and SADP due to the proposed multifamily development and further impacts on sensitive areas. Looking at the preliminary OPD and SADP Walsh pointed out the existing structures. There are three multifamily buildings providing 60 senior living units, as well as garage parking and surface parking to the north. The proposal is on the west side of the property and is 16 one-bedroom units and an additional 15 parking spaces just off the existing drive with an underground tunnel connection from the proposal to one of the existing buildings. Walsh next reviewed the planned development approval criteria. First, maximum density in RM- 12 zone is 15 dwelling units an acre, which would provide up to 153 units and what is being shown in total would be 76 senior living units, which comes out to be 7.4 dwelling units an acre. The land uses proposed include 16 one-bedroom assisted living units similar to the existing units already on the subject property. The open space requirement was satisfied during the previous rezoning in the form of a courtyard that offers amenities such as a dog park, walkways and outdoor deck space. No traffic circulation is expected to change as access will remain fully off on North Scott Boulevard and there'll be no changes to the existing drive other than the addition of 15 parking spaces. The proposed development will be on the western property line with parking proposed just west of the existing drive and all will be set back 40 feet from the arterial street. Walsh showed images of the proposed development noting it will be constructed at a lower elevation than the existing development. The property will be serviced by a city water, storm sewer and sanitary sewer. Traffic is not anticipated to overburden Scott Boulevard, the existing internal private circulation or city utilities. The surrounding area as shown is mostly undeveloped with ravines and woodlands acting as a natural buffer form this to the property to the north. For all these reasons staff determined that the development would not adversely affect the existing views, property values or privacy. Walsh stated the proposed development is consistent with the existing living senior living development as well as the future senior living development that is proposed south of Scott Boulevard and the applicant is not requesting any variations from the zoning code standards. Walsh showed images of the existing buildings on the property and the location where the new building will be. He stated it'll generally comply with the same building types and characteristics shown on the current buildings. Regarding compliance with the Comprehensive Plan and North District plan, both identify the property as Office Research Park development and Public/Private Open Space. This designation was put in place in 1999 to acknowledge ACT headquarters but the District Plan does further Planning and Zoning Commission April 5, 2023 Page 9 of 17 acknowledge alternative uses such as residential should be considered. Both Plans encourage housing diversity and higher density off arterial streets. Looking at compatibility with the neighborhood character, to the north is the Iowa City Community School District as well as ACT campus. There are also approximately 38 acres that have been dedicated to the City for an extension of Hickory Hill Park and further south there is the site of the new senior living facility that has begun construction. Therefore, the proposed development will be similar in character to the existing buildings as well as the future senior living development south of Scott Boulevard. Regarding the sensitive areas staff looked at this as total impacts and that includes the 2017 project as well as the proposed project. In total 8.7% of critical slopes are proposed to be impacted, which is well below the 35% threshold which would otherwise require a level two sensitive areas review. At the time of the 2017 project, a protected slope buffer was impacted by 8,250 square feet, that was requested to accommodate the installation of stormwater management infrastructure. Woodlands will be impacted at 59% and that does include the woodland buffers which are not anticipated to be impacted but can't be counted as preserved. At 59% that still is below the 80% threshold that would require a level two review. Walsh next discussed neighborhood open space. According to section 14-5k of the City code, public open space would be required via dedication or fee in lieu, and this was satisfied through the payment of a fee in lieu with the previous development. Staff did receive seven pieces of correspondence, two of which express concerns with traffic and sensitive areas, while the other five were in favor of the general Oaknoll lifestyle as well as the assisted living units that future residents or even existing residents could move into. Staff recommends approval of REZ23-0003, an application for a rezoning of approximately 10.26 acres of land from Low Density Multi-Family Zone with a Planned Development Overlay (OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development Overlay Plan and Sensitive Areas Development Plan. Next steps, following the Commission's recommendation is City Council’s consideration which is anticipated to start in April, and site plan, a final OPD and SADP, as well as building permits will be approved by staff review. Wade asked staff to explain what the transition of zoning exactly their requesting with this application. Walsh explained the zoning will remain the same but since there was a previously approved OPD and SADP, the land is tied to what was approved then. So this proposal of another multifamily building, as well as further impacts to sensitive areas, is considered a substantial change, which is requiring a rezoning. Craig noted on the plan, it might just be her perception, but the building looks very close to the lot line, does the building meet the setback standards on the property line. Walsh confirmed that the setback is 10 feet and the building will be more than 10 feet setback from the property line. Craig also noted it will be set so far down from the building that's it’s connected to and will be a lot closer to the street than any of the other residences. Walsh explained that was required Planning and Zoning Commission April 5, 2023 Page 10 of 17 because in the northwestern portion there are existing protected slopes so the building couldn't get too far north without impacting protected slopes. Wade stated from the images it appears from the valley, essentially two and a half stories are exposed above ground level. Walsh noted from the image it looks like about two stories but the applicant may have more specific details. Wade asked generically what the difference between sensitive slopes and protected slopes are. Walsh explained protected slopes are a slope of 40% or greater incline and critical slopes are up to 25%-39% incline. Hensch opened the public hearing. Brian Boelk (Axiom Consultants) noted they did look at multiple different options of layouts where this building may fall and it actually started in that northwest corner and they just could not make it work in terms of those protected slopes and sensitive areas. Therefore, the southwest corner really worked out much better in terms of any impacts to sensitive areas as well as impacts to residents and constructability. This access versus going through the other buildings is a lot more accessible at that southwest corner as well. This building is adding a much needed 16 units. Signs asked what's the elevation base going to look like on the west and south into that building, it appears they will have at least one full level below the grade. It also slopes from the north to the south so he is trying to figure out how that impacts what portion will show because it seems as if there was going to be a lot of foundation showing on the south end. Boelk stated the architect might speak to that but on the question earlier about elevations from that west side and from the valley it would be two and a half stories in elevations and as part of that is an exposed lower level, it is two levels of units in terms of above ground grade but there will be some partial exposure. Jack Topp (OPN Architects) stated there are two wings of the building, the north wing and the south wing, each would be two stories only, partially all at grade. The first level, the lowest level, and the middle knuckle piece where it turns will be three levels and that's the only portion that would be two and a half stories above grade, otherwise it's much lower. The architecture is trying to blend in with existing architecture with a type of wood housing siding on it and a flat roof type of structure is what's anticipated. Steve Roe (Executive Director, Oaknoll) stated this would be the completion of this campus. As they explored alternatives to try to fit in another 16 units, they looked at the area at the north end of the property to the north end of the courtyard between the two structures that exist currently. There's a dog park and he doesn’t want to move the dog park so that really isn't a viable option. It's been mentioned already but the northwest corner has sensitive areas that really aren't an option so the southwest corner was the only part that they could conceivably build this structure. On the east side of the property there's a pretty significant wooded ravine and any future building would not be possible due to sensitive areas and slopes there. Similarly, on the west side Oaknoll’s property edge is just outside the western edge of that proposed new building but will need to be vacant due to the topography there, so he doesn’t think that any property owner to the west would be able to build anything either. Planning and Zoning Commission April 5, 2023 Page 11 of 17 Townsend asked if there was any underground parking in the new building. Roe replied the only parking or the additional parking for these new buildings will be street level parking just off of the primary drive that already exists. Townsend wanted to note that she was in their building and the parking for more mature patrons was awful close and she would hate to have to park in there. Wade asked if this is an independent or assisted living facility. Roe replied the structures that exist currently are all independent living apartments and that has worked but it would be nice to be able to offer assisted living services to the residents so that's why this building is being proposed and it would assisted living. Hensch asked with the proposed tunnel will the single roadway and access be disturbed, it isn’t clear how they will build a tunnel without closing the road and it's kind of problematic since it’s the only roadway in and out. Boelk stated the design team has been in talks and working with the general contractor on what that might look like, they’ve actually talked about keeping access through there and essentially building half at a time, whether it be even at a temporary, offsetting road to get through there, but it's certainly been a topic of discussion. They believe they will keep the roadway open and are looking at phasing and sticking that tunnel through there accordingly to do so. Wade noted presumably if they’re going to close the roadway, is that a public roadway. Boelk replied no and the fire department will need to review the plans. Hensch closed the public hearing. Signs moved to approve REZ23- 0003, an application for a rezoning of approximately 10.26 acres of land from Low Density Multi-Family Zone with a Planned Development Overlay OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development Overlay Plan and Sensitive Areas Development Plan. Townsend seconded the motion. Signs was out there at the site and doesn’t know how that building is going to squeeze in there, it seems that the slopes start within 15-20 feet of existing buildings and they pretty significant so he is surprised that there aren’t any protected slopes in that area. He thinks it's going to be interesting to see what it looks like from Scott Boulevard because the topography slopes in two directions in that corner. He appreciates the challenges of the rest of the site but his concern is it seems like a big building and a very small space. Hensch asked if in that particular area for the footprint and building all are just critical slopes or less. Parker confirmed they are critical or steep slopes. Townsend noted the roundabout has made traffic a lot easier going through there so she is happy that was put in before they started this additional building. Craig has the same concerns she expressed earlier about the location of the building with respect to the lot line, she is going to support it but reluctantly for those reasons and wishes to say this whole development isn’t that old and it's regrettable that more thought wasn’t given to the possibility of doing this in the future and a better solution established at that point in time. Planning and Zoning Commission April 5, 2023 Page 12 of 17 A vote was taken and the motion passed 6-0 (Elliott recused). BY-LAW AMENDMENT REGARDING PUBLIC PARTICIPATION: Continued from 2/15/23 Russett noted that in February the Commission discussed and provided some feedback on an initial draft of the bylaws. What staff heard during that meeting is the Commissioners wanted to allow testimony up to five minutes instead of three minutes, only giving people one opportunity to speak per agenda item and allowing official organizations to consolidate their speaking time up to eight minutes. Additionally, there was a couple of things the Commission asked staff to remove, one was the section related to attendance at Council meetings and then the annual reports. Staff also wanted to make sure that it was clear that all meetings should be in locations that are accessible, and then incorporating some language on virtual participation. Russett and Hektoen have worked on making some changes to address the feedback. They believe they've addressed all of the feedback they heard from the last meeting and a draft of the changes were in the agenda packet. Elliott stated she appreciated the Chair thinking ahead and making these changes. Craig noted in Article Nine, the article about public participation, it says in Section One “persons other than commissioners shall be permitted to address the Commission only on specific agenda items”. So does that agenda item include the first thing on every agenda which is public comment of anything not on the agenda. She reads that as they have an agenda inviting people to give comments to the commission, and then in the bylaws they say specific agenda items. Padron asked then are they removing the first item in the agenda at every meeting and not allow comments about anything that is not on the agenda. Hektoen replied that is not the intention, during that agenda item anyone from the public can get up and talk about anything. But after that agenda item, any discussion on other agenda items must be germane to that particular agenda item. Craig also asked about the work sessions, she has been on the Commission for years and never been to a work session. Hensch stated they haven’t had one in quite a while, they were set up just for the Commission to discuss an item but there's no public comment or participation, they can be present but cannot participate. Craig stated then where it talks about a special meeting maybe adding including work sessions. Hensch stated he believes the work sessions were used more when staff needed to educate the Commission on particular items. Hektoen said they can add in information about work sessions as another item under meetings. Russett noted the work session is mentioned in the public participation section, Section Five talks about special meetings. Hektoen stated that can be interpreted as a work session or it could be some other meeting called outside of the regular scheduled meeting. Townsend added under Article Five Section Two it states a special meeting is called by the chairperson. Hektoen stated it also says it may be called by the chairperson and shall be called by the chairperson or vice chairperson at the request of three or more members. Planning and Zoning Commission April 5, 2023 Page 13 of 17 Craig noted under Article Seven, Hearings, Comprehensive Plan, do they need to list the District Plans as well, it's not just the Comprehensive Plan they look at several different plans. Russett explained those are all components of the Comprehensive Plan so they do not need to list them. Hektoen stated the code itself describes that structure. Craig had another question under Article Nine, Section Five, Rules and Conduct, and everyone having the right to speak without being chilled from doing so. Hensch said he felt they are trying to say when they have a roomful of people that are vocally supportive or opposed to something and there's one or two people that are in opposition, those people may feel intimidated from speaking and not being able to exercise their rights because everybody else is talking. Hektoen stated its language from the Council rules and the term “chilling effect” is used frequently. Padron wanted to say that these kinds of rules sometimes serve to oppress the people that have already been oppressed and the way that usually works is these rules are only enforced when the oppressed show up and they don't enforce them when the privileged people show up. She referenced to what happened in Tennessee a few days ago and the students were complaining and yelling to have the representatives listen to them to change the law or the rules and they ended up removing the three representatives that supported the kids. Padron stated the solution sometimes is not to include more rules but to help the people and have a more fair city for everyone, and ensure that everyone has fair access and location and to housing, and everyone understands that they are welcome to come here and speak. Sometimes they are on a commission for three or five years and then leave the commission with more rules for the next people. When she was the chair of the Housing Development Commission she remembers thinking she hopes the next chair understands all the rules, she had been doing it for a long time so she had a clear understanding of some of the things that they had been accomplishing for a few years. Padron noted she is just very sensitive about oppressing people, they may come from a country that has a very difficult history with rules and people and she just wants everyone to feel welcome. She said this is just one day a month and they can take the time to listen to everyone, she has never felt in danger here, she loves this city, and when people come in here it is because they have a reason, they don't just come in here. She wanted to state she is going to vote in opposition of this but does understand that everyone on the Commission has really good intentions and she does appreciate all the work. Hensch thanked Padron for her comments, and he stated what drives for these rules is having seen multiple, multiple times in the last several years where a dominant group overtakes a meeting and doesn't allow anybody to voice in opposition to their viewpoint. His support of this is to make sure that everybody gets input and that nobody gets chilled because he’s seen that multiple times. He believes everybody wants to do good, that's why they're here, they’re not getting paid one penny to be here, and they want people to be heard. But, with rights come responsible behavior so he does have problems that come up here if people name call and then make accusations, that's not okay and it detracts from the point they're trying to make. So, what they're doing, as part of this, is helping people be more effective with their messaging, so that the Commission can hear what the real point is, rather than a personal attack. He has been doing this for eight years and has never seen a single example where they haven’t bent over backwards to allow people to have their say, they’ve been here until 11 o'clock at night to listen to people, frankly, say the same thing over and over again. Again, Hensch acknowledged what Padron was saying and respects where she is coming from, he just sees the other side of the coin and people using public intimidation to chill other people’s voices. Planning and Zoning Commission April 5, 2023 Page 14 of 17 Townsend noted a few times since she’s been on the Commission there has been that problem, it wasn't those that were oppressed, it was those that didn't want those people in their neighborhoods. She remembers a time when the Chair, very nicely, had to put them in their place that this was not the way it was. Again, this goes back to Forest View when they had many people coming in, hoping for that project that never happened. Hensch was glad Townsend brought up that example as that experience really hit them hard in seeing all the people use all kinds of terms to address the real issue of they just didn’t want “those people” to be in their neighborhood. Hensch acknowledged that one of the things he really appreciates about Commissioner Signs is he is very good at pointing out if they cared about their sight lines then they should have also purchased that property. Hensch also stated frankly, anybody can use any rule to oppress other people and it’s the job of all the Commissioners to make sure equal application to everybody and the rules are the same for everybody, no exceptions. Finally, Hensch wanted to acknowledge the part about enforcement and that there's nothing in there about having people arrested, they purposely did not want that, this is about maintaining order in the meeting so business can be conducted, and everybody will get an equal opportunity. Townsend moved to approve the bylaw amendments a presented in the agenda packet. Wade seconded the motion. Wade just wanted to say he likes the expectations that they’re applying everything fair and equally. Signs noted he respects Commissioner Padron’s perspective and thinks it is valid but doesn’t feel like what's here is overly aggressive and does trust the Commission and staff to do the best they can keep it equitable and fair. Hensch reiterated the advantage of rules is that they prevent discrimination, because if they don't have rules then one person gets six minutes, but another only gets two minutes. Craig agrees but acknowledges that Commissioner Padron’s point about discrimination often happens in the way the rules are applied, that someone who's up there can intimidate by who they are but she acknowledged Chairperson Hensch does not let them, she can just see how it could happen. Chairperson Hensch does a very good job and she personally appreciates that it is according to the bylaws, they could rightfully put a limit and say public input is only for an hour, but they have never done that, they let everyone talk, the way it is applied is as important as the rule and there are a lot of rules out there that don't get applied equally but she thinks this group does a good job of it, and it's a good thing. A vote was taken and the motion passed 6-1 (Padron dissenting). CONSIDERATION OF MEETING MINUTES: MARCH 1, 2023: Elliott moved to approve the meeting minutes from March 1, 2023. Townsend seconded the Planning and Zoning Commission April 5, 2023 Page 15 of 17 motion, a vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Russett stated City Council met last night and discussed the rezoning out on Mormon Trek, the land to the west of the Dane property, and the mayor took the temperature of the Council and it seemed like they were going to vote different than the Commission so they would like to have a consult, possibility on April 18. Russett wanted to see if the Commission would like to have a consult with Council and she will get them the time when she has that information. Craig asked what the concern was. Russett replied there was no discussion. Elliott stated they watched a little of the meeting and a lot more people that spoke than were at the Commission meeting. Hektoen stated the trust rallied a lot of supporters who came out to speak. Wade noted this second instance recently where there might have been a new viewpoint from the City Council versus staff and Commission on the project. He wondered if there is something that can be done for alignment or to smooth out that process because like in this case, they had a meeting on it then it sets up another meeting and while this one might not be as time sensitive, it does extend the time the developer is able to progress and time is financial. Russett doesn’t think anything really can be done. Council is the decider and they have the ultimate say, and other than eliminating the consult there isn’t another way to shorten the process. Hensch stated from his perspective they’re all appointed to represent their personal viewpoints when they're looking at the application, the Comprehensive Plan and the zoning code and their job is to make sure that it all compliant and the City Council can have all kinds of different political views that this Commission should not ever have and sometimes they will have differing opinions. On this particular one, they've been through this before and while he is respectful of their viewpoint, he just disagrees but is fine with the consultation and the more interaction with Council they can have the better. Russett will let the Commission know the date and time. Signs apologized to the Commission for missing the last two meetings. Having said that he has entered his resignation to the chair. and discovered in reading the packet today he didn't quite meet the guidelines of that requirement, but the chair has agreed to accept his resignation. Signs stated he has just found himself becoming very cynical of the process, and in particular developers, and as he left the last several meetings feeling kind of icky and not feeling good about the process and about his reaction to the process. As he stated in his letter to the chair and staff, he missed two meetings and realized in the last week or so that he didn't miss being here and was quite a change for him because he had been very passionate about this Commission. So it is just probably time for him to go. Planning and Zoning Commission April 5, 2023 Page 16 of 17 Townsend noted Signs may think he’s being cynical but what he is really doing is giving them all information from all the knowledge he has, he has been here a long time, he is in real estate so knows the ins and outs of what is going on in this area and he will be missed on this Commission. Hensch seconds those sentiments and thinks Commissioner Signs perspective is very appreciated and it's made an impact on the Commission. He encourages him to continue in public service in some other form. Signs appreciates all the kind words and would encourage there to be someone with a real estate background on this Commission, maybe it is a requirement, but if not he would encourage the Council to consider that when they look at applications. Hench wanted to mention in the last issue of Planning Magazine there was a really nice, but short, little article about habitat restoration and rewilding and then Mr. Joshua Bentley’s letter today is why he asked that question if they have ordinances regarding habitat. He wanted to bring it up because while they are in an urban area is that something they want to discuss. Elliott noted it is a lot harder to measure habitat and to measure slopes. If they want to talk about something that's going to delay a process and add considerable expense that will do it. Hensch agreed but noted when they have areas that are preserved from development it seems like they should have some criteria of how that land should be restored. Craig noted it sort of hinges with something she brought up a couple of times about when a housing development is built and there's woodlands involved and it just goes to the community association to maintain that and take care of it. Padron would also like to talk about that at some point because there is an area around where she lives and it is practically abandoned and should there be some type of penalty or charge to the HOA to take care of those spaces. Hensch agrees, he has noticed in the paper they'll periodically have a HOA statement about costs associated against the property owner for snow removal or for weeds but their not taking care of their area and the City should have the ability if an HOA is not maintaining their area to go in there and clean it up and charge the HOA. Townsend asked about the infill lot on South Gilbert and Kimbell Road and if the Commission would be seeing anything about what is going there. Russett said that would likely just be a building permit process. ADJOURNMENT: Townsend moved to adjourn, Padron seconded, a vote was taken and the motion passed 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2022-2023 7/6 8/3 9/7 10/19 11/2 11/16 12/7 12/21 1/4 1/18 2/15 3/1 4/5 CRAIG, SUSAN X X X X X X O/E X X X X X X ELLIOTT, MAGGIE X X X X X X X X X X X X X HENSCH, MIKE X X X X X X X X X X X X X NOLTE, MARK O/E O/E O/E -- -- --- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- PADRON, MARIA X X X X X O/E X X X X X X X SIGNS, MARK X X X X O/E O/E X X X X O/E O/E X TOWNSEND, BILLIE X X X X X X X O/E X O/E X X X WADE, CHAD --- --- --- --- X O/E X X X O/E X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member