HomeMy WebLinkAboutPZ Agenda Packet 12.20.2023-FINALPLANNING AND ZONING COMMISSION
Wednesday, December 20, 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
Comprehensive Plan and Rezoning Items
4. Case No. CPA23-0002
Location: North of I-80, West of N. Dodge Street, at the end of Moss Ridge Road
A public hearing on a proposed amendment to change the Comprehensive Plan future land
use map from Office Research Development Center to Intensive Commercial for
approximately 61.72 acres of property.
5. Case No. REZ23-0009
Location: North of I-80, West of N. Dodge Street, at the end of Moss Ridge Road
An application for a rezoning of approximately 61.72 acres of property from Research
Development Park (RDP) zone, Interim Development Research Park (ID-RP) zone, and
Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive
Commercial (CI-1) zone.
6. Consideration of meeting minutes: December 6, 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: January 3 / January 17 / February 7
Informal: Scheduled as needed.
STAFF REPORT
To: Planning and Zoning Commission
Item: CPA23-0002
Parcel(s): 0735426001 & 0735401001
Prepared by: Kirk Lehmann, AICP
Associate Planner
Date: December 20, 2023
GENERAL INFORMATION:
Owner/Applicant: Stephen A. Moss
3354 Kenruth Circle NE
Iowa City, IA 52240
Developer: Tyler Leo
ATI Group
1615 SW Main Street, Suite 207
Ankeny, IA 50023
tyler@atirealty.com
Contact Person: Michael Muhlenbruch
McClure Engineering
1740 Lininger Lane
North Liberty, IA 52317
mmuhlenbruch@mcclurevision.com
Requested Action: To amend the future land use map designation
in the Comprehensive Plan from Office
Research Development Center to Intensive
Commercial
Purpose: To allow for intensive commercial uses
Location: North of I-80 and west of Highway 1
Location Map:
Size: 61.72 acres
Existing Land Use and Zoning: Vacant Land; Research Development Park
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(RDP), Interim Development Research Park
(ID-RP), and Highway Commercial with a
Planned Development Overlay (OPD/CH-1)
Surrounding Land Use and Zoning: North: Agriculture; Interim Development
Research Park (ID-RP)
South: Interstate 80, Light Industrial, and
Indoor Recreation; Commercial
Office (CO-1) and Highway
Commercial (CH-1)
East: Office; Research Development Park
(RDP)
West: Agriculture; Interim Development
Research Park (ID-RP)
Comprehensive Plan: Office Research Development Center
North Corridor District Plan: None
File Date: November 13, 2023
BACKGROUND INFORMATION:
The owner and applicant, Stephen Moss, is interested in selling approximately 61.7 acres of
property located north of Interstate 80 and west of Highway 1/N. Dodge Street. The applicant
submitted two applications to allow intensive commercial uses. The applicant has not held a Good
Neighbor Meeting.
This specific application (CPA23-0002) proposes to amend the Comprehensive Plan by changing
the future land use designation of the subject properties from Office Research Development Center
to Intensive Commercial. The other concurrently submitted application includes a zoning map
amendment (REZ23-0009) which would rezone the subject properties to Intensive Commercial (CI-
1). Attachment 3 includes the applicant statement describing the rationale behind the
comprehensive plan amendment request. Attachment 4 illustrates the proposed plan changes. The
comprehensive plan amendment must be approved for changes to the zoning map to be consistent
with the Comprehensive Plan. The subject properties are in the North Corridor Planning District, but
no district plan has been adopted for this area.
The subject properties are currently zoned Research Development Park (RDP), Interim
Development Research Park (ID-RP), and Highway Commercial with a Planned Development
Overlay (OPD/CH-1). The following is a summary of the case history:
• Moss Green Urban Village (REZ10-00004 & SUB10-00005). On October 26, 2010, City
Council adopted Ordinance 10-4409 which rezoned more than 141 acres including the
subject properties to a Planned Development Overlay with portions zoned Office Research
Park (OPD/ORP), Research Development Park (OPD/RPD), and Mixed Use (OPD/MU). At
the same time, Council approved the preliminary plat for the Moss Green Urban Village
(Resolution 10-460). This project would have allowed for construction of an office research
park and mixed-use commercial development with access provided from an extension of
Oakdale Boulevard which would have been constructed as part of the development.
• Moss Ridge Campus (REZ12-00005/REZ12-00006 & SUB12-00003). The Moss Green
Urban Village failed to develop. Council subsequently rezoned 172 acres including the
subject property on October 23, 2012 (Ordinance 12-4499) to Research Development Park
(RDP) and Highway Commercial with a Planned Development Overlay (OPD/CH-1) with
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the remainder zoned Interim Development Research Park (ID-RP). Council also adopted
the preliminary plat for the Moss Ridge Campus (Resolution 12-458). This project would
have allowed for development of the first phase of an office park with associated retail and
service uses on the southeast corner of the property. It included a substantial conditional
zoning agreement but did not include a residential component. To ensure adequate street
access, the City spearheaded construction of Moss Ridge Road to the property.
• Updated Moss Ridge Campus (REZ14-00020, SUB14-00019, & SUB15-00032). On
January 6, 2015, Council updated the zoning (Ordinance 15-4605) and preliminary plat
(Resolution 15-8) for the Moss Ridge Campus, which adjusted the street layout and refined
the conservation and stormwater management areas for the proposed subdivision. In
addition, the rezoning shifted the zone boundaries to coincide with the lot lines in the
updated plat and amended the conditional zoning agreement to no longer require that the
Planning and Zoning Commission review future site plans as it included a more detailed
office park master plan. In February 2016, City Council was scheduled to consider the final
plat for Phase 1 of the Moss Ridge Campus, but the application was indefinitely deferred at
the request of the applicant.
Today Moss Ridge Road provides much better access to the subject properties. However, the
proposed projects on the subject properties never moved forward, and the preliminary plats expired.
While past concepts were consistent with the Comprehensive Plan, the new proposal deviates due
to changes in market conditions since the COVID-19 pandemic.
ANALYSIS:
The Iowa City Comprehensive Plan serves as a land-use planning guide by illustrating and
describing the location and configuration of appropriate land uses throughout the City, providing
notification to the public regarding intended uses of land; and illustrating the long-range growth
area limit for the City. Applicants may request an amendment to the City's Comprehensive Plan
with City Council approval after a recommendation by the Planning and Zoning Commission.
Applicants for a comprehensive plan amendment must provide evidence that the request meets
the two approval criteria specified in Section 14-8D-3D. The comments of the applicant are found
in the attachments. Staff comments on the criteria are as follows.
1.Circumstances have changed and/or additional information or factors have come to light
such that the proposed amendment is in the public interest.
The subject properties were long identified as appropriate for office and research park-style
development. The area north of the I-80 interchange with Highway 1/N. Dodge Street first started
seeing these types of uses in the early 1970s with the development of the property owned by
Pearson directly west of the interchange and east of the subject properties. The 1978
Comprehensive Plan reflected this type of development by designating that area as appropriate
for office research park uses which would transition to rural residential uses away from the
interchange. This vision was reaffirmed as part of the 1983 and 1989 Comprehensive Plan
updates. The rationale given was the interesting and aesthetically appealing nature of the
topography and the ready access to major traffic corridors and motels, though it was
acknowledged that street access was a challenge as there was no direct access to Highway 1.
In 1997, the City adopted a new Comprehensive Plan that delineated planning districts. Properties
north of I-80 including the subject properties were designated as part of the North Corridor
Planning District, which again identified the I-80 interchange with Highway 1/N. Dodge Street as
providing an opportunity for office research park development. This was based on the City’s major
nearby employers at the time, National Computer Systems (subsequently Pearson) and American
College Testing (ACT), and the advantages of interstate exposure. The recently proposed
rezonings and subdivisions starting in 2010 were developed in a manner consistent with that
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vision, and access to the subject properties was substantially improved with the construction of
Moss Ridge Road. While these proposals were being considered, the City’s current
Comprehensive Plan was adopted in 2013 which maintained the City’s longstanding vision for
this area, though a district plan was never adopted. While the intention for the area remained
consistent from the 1970s through 2010s, an office research development center never developed
on the subject properties.
Recent circumstances have changed such that reconsidering the future of the North Corridor
Planning District is in the public interest. Most notably, the market for office space has transformed
since the COVID-19 pandemic began in 2020. Remote work has become commonplace, and as
a result, demand for office space has declined. This is reflected by the closure of the offices of
major employers which once occupied much of Iowa City’s office park space. In 2022, Pearson
closed its Iowa City office directly abutting the subject property, and in 2023, ACT closed its
headquarters to the southeast and the land is currently for sale. This has led to an abundance of
vacant Class A office park space at the same time there is reduced demand. It is highly unlikely
that office research development center uses remain viable in this area, so alternative future land
uses should be considered.
Unlike office uses, the demand for intensive commercial uses increased during the pandemic. For
example, the demand for transportation and warehousing facilities surged due to the expansion
of home delivery. The proposed amendment would follow this changing market by reclassifying
the subject properties’ future land use to intensive commercial to facilitate the development of
such uses, including transportation, warehousing, compatible semi-industrial, and other
commercial uses that are land intensive. This adjusted future land use category is in the public
interest as it better meets current economic development needs while utilizing the subject
properties’ prime access to the interstate system.
2.The proposed amendment will be compatible with other policies or provisions of the
comprehensive plan, including any district plans or other amendments thereto.
The Comprehensive Plan’s vision for the community includes building a resilient economy that
grows the tax base and supports a high quality of life for the community. As a result, Iowa City’s
economic development efforts should focus on attracting long-term investment and creating
quality jobs, encouraging entrepreneurship and innovation, and supporting opportunities for
growth and prosperity for all people.
To help attain this vision, the plan encourages attracting businesses that have growth potential
and are compatible with Iowa City’s economy which is essential to increasing and diversifying the
property tax base. The plan also supports improving the environmental and economic health of
the community through efficient use of resources by developing in a compact, efficient, and
contiguous manner to reduce the cost of extending infrastructure and services and preserve
farmland and open space at the city’s edge. In addition, the plan notes the importance of planning
for commercial development in defined commercial nodes and focusing industrial development
on land suitable for such uses with good access to highways but buffered from residential
neighborhoods. However, this should not come at the expense of protecting the community’s
environmental and aesthetic assets. To that end, the plan recommends several strategies:
• Use the District Plans to identify appropriate commercial nodes and zone accordingly to
focus commercial development to meet the needs of present and future population.
• Identify, zone, and preserve land for industrial uses in areas with ready access to rail and
highways.
• Guide development away from sensitive environmental areas, such as floodplains,
wetlands, woodlands, steep slopes, flood hazard areas, and streams.
• Plan for appropriate transitions between residential neighborhoods and higher intensity
5
commercial to ensure the long-term health of neighborhoods.
• Support…and promote appropriate development in the City’s…designated urban renewal
areas, including: … Moss Green…
The proposed amendment is compatible with the policies of the Comprehensive Plan. It will allow
the development of businesses that align with the needs of Iowa City in the Moss Ridge Urban
Renewal Area, which is one of the City’s defined commercial nodes with ready access to
highways. The development will also be contiguous to adjacent development and use existing
underutilized road capacity. At the same time, features such as the woodlands to the west and
north, and the Rapid Creek stream corridor provide a natural buffer from rural residential uses
further to the west. In addition, no waivers to the Sensitive Areas Ordinance are being requested
as part of the proposed rezoning, which will ensure these features are adequately protected.
NEXT STEPS:
After a recommendation from the Planning and Zoning Commission, the following will occur:
• City Council will set a public hearing for the comprehensive plan amendment and rezoning.
• City Council will consider approval of the comprehensive plan amendment (CPA23-0002)
and hold three readings including the public hearing for the rezoning (REZ23-0009).
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Commission approve CPA23-0002, a proposed
amendment to change the Comprehensive Plan future land use designation from Office Research
Development Park to Intensive Commercial for approximately 61.72 acres of property located
north of Interstate 80 and west of Highway 1.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Applicant Materials
4. Proposed Changes to the Comprehensive Plan
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location Map
Highlander
P
l
Moss Ridge Rd
N D o d g e S t t o 8 0 W b
Devon
Dr NE
K y l e D r N E
ACTCir
NorthgateDr
Interstate 80
N D
o
d
g
e
S
t
N DodgeSt
ACT Rd
NDodgeStSbto80Wb
80 W
b
t
o
N
D
o
d
g
e
S
t
N D o d g e S t N b t o 8 0 E b
80 Eb to N Dodge St
Two applications submitted by Stephen Moss
for approximately 61.72 acres of property
located north of I-80 and west of Highway 1/N.
Dodge Street to change the future land use map
designation from Office Research Development
Center to Intensive Commercial and to rezone
from the RDP, ID-RP, and OPD/CH-1 zones to a
CI-1 zone to allow intensive commercial
development.
µCPA23-0002 & REZ23-0009
Moss Ridge Intensive Commercial Prepared By: Kirk Lehmann
Date Prepared: Nov. 2023
0 0.1 0.20.05 Miles
ATTACHMENT 2
Zoning Map
CH1
CH1
ID-RP
RDP
CH1
ID-RP ID-RP
CH1
CO1
CO1
OPD
OHD
Highland
e
r
P
l
M o s s R id g e R d
N D o d g e S t t o 8 0 W b
Devon
Dr NE
K y l e D r N E
ACTCir
Northgate
D
r
Interstate 80
N D
o
d
g
e
S
t
N DodgeSt
ACT Rd
NDodgeStSbto80Wb
80 W
b
t
o
N
D
o
d
g
e
S
t
N D o d g e S t N b t o 8 0 E b
80 Eb to N Dodge St
Two applications submitted by Stephen Moss
for approximately 61.72 acres of property
located north of I-80 and west of Highway 1/N.
Dodge Street to change the future land use map
designation from Office Research Development
Center to Intensive Commercial and to rezone
from the RDP, ID-RP, and OPD/CH-1 zones to a
CI-1 zone to allow intensive commercial
development.
µCPA23-0002 & REZ23-0009
Moss Ridge Intensive Commercial Prepared By: Kirk Lehmann
Date Prepared: Nov. 2023
0 0.1 0.20.05 Miles
ATTACHMENT 3
Applicant Submittal
ATTACHMENT 4
Proposed Changes to the Comprehensive Plan
City Growth Area (Resolution 21-285)
`
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ23-0009
Parcel(s): 0735426001 & 0735401001
Prepared by: Madison Conley
Associate Planner
Date: December 20, 2023
GENERAL INFORMATION:
Owner/Applicant: Stephen A. Moss
3354 Kenruth Circle NE
Iowa City, IA 52240
Developer: Tyler Leo
ATI Group
1615 SW Main Street, Suite 207
Ankeny, IA 50023
tyler@atirealty.com
Contact Person: Michael Muhlenbruch
McClure Engineering
1740 Lininger Lane
North Liberty, IA 52317
mmuhlenbruch@mcclurevision.com
Requested Action: To rezone 61.72 acres of land from Research
Development Park (RDP) zone, Interim
Development Research Park (ID-RP) zone,
and Highway Commercial with a Planned
Development Overlay (OPD/CH-1) zone to
Intensive Commercial (CI-1) zone
Purpose:
To allow for construction of an intensive
commercial use
Location: North of I-80 and west of Highway 1
Location Map:
2
Size: 61.72 acres
Existing Land Use and Zoning: Vacant Land; Research Development Park
(RDP), Interim Development Research Park
(ID-RP), and Highway Commercial with a
Planned Development Overlay (OPD/CH-1)
Surrounding Land Use and Zoning:
North:
Agriculture; Interim Development
Research Park (ID-RP)
South: Interstate 80, Light Industrial, and
Indoor Recreation; Commercial
Office (CO-1) and Highway
Commercial (CH-1)
East: Office; Research Development Park
(RDP)
West: Agriculture; Interim Development
Research Park (ID-RP)
Comprehensive Plan: Office Research Development Center
North Corridor District Plan: None
File Date: November 13, 2023
BACKGROUND INFORMATION:
The owner and applicant, Stephen Moss, is interested in selling approximately 61.7 acres of
property located north of Interstate 80 and west of Moss Ridge Road for development of an intensive
commercial use.
A Comprehensive Plan Amendment application (CPA23-0002) requests a comprehensive plan map
amendment to the area that includes the property on the future land use map to be changed from
Office Research Development Center to Intensive Commercial. There is no adopted district plan for
this area. The Rezoning application (REZ23-0009) requests a zoning map amendment to rezone
the property from Research Development Park (RDP), Interim Development Research Park (ID-
RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) to Intensive
Commercial (CI-1). Attachment 3 includes the Applicant’s Statement describing the rationale behind
the rezoning request. Attachment 4 illustrates a conceptual development concept. The
Comprehensive Plan Amendment should be considered prior to the proposed rezoning.
Since 2010, the subject property has been rezoned several times. Here’s a summary of the case
history:
• Moss Green Urban Village (REZ10-00004 & SUB10-00005). On October 26, 2010, City
Council adopted Ordinance 10-4409 which rezoned more than 141 acres including the
subject properties to a Planned Development Overlay with portions zoned Office Research
Park (OPD/ORP), Research Development Park (OPD/RPD), and Mixed Use (OPD/MU). At
the same time, Council approved the preliminary plat for the Moss Green Urban Village
(Resolution 10-460). This project would have allowed for construction of an office research
park and mixed-use commercial development with access provided from an extension of
Oakdale Boulevard which would have been constructed as part of the development.
• Moss Ridge Campus (REZ12-00005/REZ12-00006 & SUB12-00003). The Moss Green
Urban Village failed to develop. Council subsequently rezoned 172 acres including the
subject property on October 23, 2012 (Ordinance 12-4499) to Research Development Park
3
(RDP) and Highway Commercial with a Planned Development Overlay (OPD/CH-1) with
the remainder zoned Interim Development Research Park (ID-RP). Council also adopted
the preliminary plat for the Moss Ridge Campus (Resolution 12-458). This project would
have allowed for development of the first phase of an office park with associated retail and
service uses on the southeast corner of the property. It included a substantial conditional
zoning agreement.
•Updated Moss Ridge Campus (REZ14-00020, SUB14-00019, & SUB15-00032). On
January 6, 2015, Council updated the zoning (Ordinance 15-4605) and preliminary plat
(Resolution 15-8) for the Moss Ridge Campus, which adjusted the street layout and refined
the conservation and stormwater management areas for the proposed subdivision. In
addition, the rezoning shifted the zone boundaries to coincide with the lot lines in the
updated plat and amended the conditional zoning agreement to no longer require that the
Planning and Zoning Commission review future site plans as it included a more detailed
office park master plan. In February 2016, City Council was scheduled to consider the final
plat for Phase 1 of the Moss Ridge Campus, but the application was indefinitely deferred at
the request of the applicant.
The 2015 rezoning ordinance and associated conditional zoning agreement (Ordinance No. 15-
4605) remain in place for this property. The conditions are summarized as follows:
1.A comprehensive landscape plan that considers stormwater facilities and environmental
features, but does not need to include details for individuals lots.
2.A master sign plan that includes a design concept for the office park.
3.Additional allowances, standards, and restrictions apply for the OPD/CH-1 zoned areas:
a.Two drive throughs maximum.
b.Buildings shall have prominent entrances and parking toward the side or rear.
c.Parking areas setback 50 feet and landscaped from I-80.
d.Allows uses in CH-1 in addition to sales oriented and personal service-oriented retail,
general animal related commercial, and specialized educational facilities.
4.Site plans for individual lots will be reviewed and approved by the City according to
standards relating to landscaping, building materials, building articulation and
fenestration, and signage.
Since 2015, much has changed, including a decline in the need for office space and the vacation of
the Pearson property. In addition to these changes, market conditions are impacting the nearby
ACT campus that is currently listed for sale. There are also two other major frontages along I-80
that are either for sale or have been recently sold. This emphasizes the need to consider
different uses than in the past. The proposed rezoning is aimed at the development of
an intensive commercial use which aligns with the current changes and trends we see today.
Furthermore, this location, which is near other warehousing uses and has few
neighbors, is appropriate for considering a more intensive land use.
The existing rezoning conditions focused on creating a cohesive design in the implementation of a
master planned office park. Staff finds that the existing conditions are no longer necessary for a
variety of reasons. Not only have market condition changed as discussed above, but the applicant
will be required to submit an updated landscape plan for the property as part of the site plan
requirements. In addition, commercial office is no longer the proposed use for the property.
Therefore, a master sign plan with a design concept for the office park is no longer relevant. Lastly,
there are conditions related to allowances, standards, and restrictions for the OPD/CH-1 zone. At
this point in time, the proposed rezoning is to the CI-1 zone. Staff does not see a need to carry
these conditions forward based on the change in the rezoning proposal.
Future development would also need to be reviewed to the criteria applicable for a CI-1 zone, which
includes the commercial site development standards. The purpose of the commercial site
development standards is to ensure that commercial development is compatible in scale and
4
intensity to the surrounding development, screens unsightly elements from public view, and
establishes safe pedestrian and vehicular circulation. Due to the current state of the Pearson
property, its large warehouse, and its lack of neighboring uses, this location would best support the
CI-1 zone compared to other properties like the ACT or Dubuque Street location, that would not
support compatibility. Therefore, this site can fill the current market need along the interstate more
effectively than our other sites that are in transition.
The applicant has not held a Good Neighbor meeting.
ANALYSIS:
Current Zoning:
The property is currently zoned RDP (35.23 acres), ID-RP (10.98 acres), and OPD/CH-1 (15.80
acres).
The purpose of the RDP zone is to provide areas for the development of office, research,
production or assembly firms and other complementary uses. Office and research uses should
predominate in the zone. Uses allowed in this zone include general and medical/dental office,
hospitality oriented retail, technical/light manufacturing, and warehouse and freight movement.
The purpose of the ID zone is to provide for areas of managed growth in which agricultural and
other nonurban uses of land may continue until such time as the city is able to provide city services
and urban development can occur. The interim development zone is the default zoning district to
which all undeveloped areas should be classified until city services are provided.
The CH-1 zone permits development of service uses relating to expressways or along arterial
roadways. At certain access points, food, lodging, motor vehicle service and fuel can be made
conveniently available. The OPD zoning allows for increased flexibility in the use and design of
structures and/or land in situations where conventional development may not be appropriate.
Additionally, the current zoning is subject to a conditional zoning agreement that limits certain uses
(e.g. drive throughs), provides some flexibility by allowing other uses not allowed within CH-1 zones
and regulates signage and landscaping.
Proposed Zoning: The applicant is requesting that the property be rezoned to CI-1. The purpose
of the CI-1 zone is to provide areas for those sales and service functions and businesses whose
operations are typically characterized by outdoor display and storage of merchandise, by repair
and sales of large equipment or motor vehicles, by outdoor commercial amusement and
recreational activities or by activities or operations conducted in buildings or structures not
completely enclosed. The types of retail trade in this zone are limited in order to provide
opportunities for more land intensive commercial operations and also to prevent conflicts between
retail and industrial truck traffic. Special attention must be directed toward buffering the negative
aspects of allowed uses from adjacent residential zones.
Table 1 outlines the uses that are allowed in the CI-1 zone.
Table 1 – Uses Allowed in CI-1 Zone
Use Categories:
Adult business PR
Animal related commercial—general PR
Animal related commercia—intensive PR
Building trade P
Commercial recreational—indoor P
5
Commercial recreational—outdoor P
Drinking establishments PR
Eating establishments P
Office—general office P
Office—medical/dental office P
Quick vehicle servicing PR/S
Alcohol sales oriented retail P
Hospitality oriented retail P
Outdoor storage and display oriented P
Personal service oriented P
Repair oriented P
Sales oriented P
Surface passenger service P
Vehicle repair PR
Industrial service P
General manufacturing PR
Heavy manufacturing S
Technical/light manufacturing PR
Self-service storage P
Warehouse and freight movement P
Wholesale sales P
Basic utility PR/S
Community service—shelter S
General community service S
Daycare PR
Detention facilities S
Educational facilities—specialized S
Religious/private group assembly P
Utility-scale ground-mounted solar energy systems S
Communication transmission facility PR/S
P = Permitted
PR = Provisional
S = Special exception
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Compliance with Comprehensive Plan: The future land use map of the current IC2030
Comprehensive Plan identifies this area as appropriate for Office Research Development Center.
Concurrent with this rezoning, the owner has requested an amendment to the Future Land Use
Map to show this area as appropriate for Intensive Commercial. Assuming that the amendment
is adopted, this application would be consistent with the Comprehensive Plan. There is no District
Plan adopted for this area.
In addition, the Comprehensive Plan’s Background acknowledges that the City has taken steps
to direct employment growth by identifying and zoning land to accommodate industrial,
commercial, and office research uses in locations with appropriate transportation access in
proximity to compatible uses. Specifically, the plan sees the Moss Ridge location as beneficial to
businesses that require close access to Interstate 80.
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There are a variety of land use goals and strategies included in the Land Use element of the
Comprehensive Plan that align with the proposed rezoning:
• Encourage compact, efficient development that is contiguous and connected to existing
neighborhoods to reduce the cost of extending infrastructure and services to preserve
farmland and open space at the edge of the City.
o Guide development away from sensitive environmental areas, such as floodplains,
wetlands, woodlands, steep slopes, flood hazard areas, and streams.
• Focus industrial development on land suitable for industrial use with good access to rail
and highways, but buffered from residential neighborhoods.
o Identify, zone, and preserve land for industrial uses in areas with ready access to
rail and highways.
o Ensure adequate roads and other infrastructure that will attract new employers to
the community.
o Plan for appropriate transition between residential neighborhoods and higher
intensity commercial to ensure the long-term health of neighborhoods.
o Provide adequate buffer areas between residential areas and intensive industrial
activity to mitigate any negative externalities, such as noise, odors, dust, and
vibrations.
The plan also includes goals and strategies in the Economic Development element of the plan
that align with the proposed rezoning:
• Improve the environmental and economic health of the community through efficient use of
resources.
o Support…and promote appropriate development in the City’s…designated urban
renewal areas, including…Moss Green…
Compatibility with Existing Neighborhood Character: The subject property is bordered by
Agriculture to the north, Warehousing and Office to the east, I-80 to the immediate south, as well
as Light Industrial and Indoor Recreation, and more Agriculture to the west. In regard to the
Pearson property to the east, the commercial site development standards in the zoning code will
serve as a way to manage future commercial development and make sure it is compatible with
the surrounding area. Directly south of the property is I-80, which separates the subject property
from the commercial uses south of the interstate. The property is substantially separated from the
residential uses to the west due to the woodlands, agricultural land, and other environmental
features that act as a natural buffer. Staff finds that the property would have minimal impact on
the existing neighborhood character due to the majority of the land to the west and north is
undeveloped, and it would be contiguous to adjacent office park development to the east, and
use existing underutilized road capacity.
As mentioned earlier, if rezoned to CI-1, the Moss Ridge property would be required to adhere to
the commercial site development standards. The landscape and screening standards require that
a landscaping plan be submitted, and surface parking areas, loading areas, and drives be
screened from view of public rights of way and abutting properties at least to the S2 standard.
The outdoor storage and display standards permit outdoor storage of materials if they can be
concealed from public view. If these materials cannot be concealed behind a building, the outdoor
storage area must be setback at least 20’ from any public right of way and screened to at least
the S3 standard. If a fence is built around the storage area, the required screening must be located
between the fence and the adjacent property.
Overall, staff finds that the commercial site development standards will help to ensure that future
development is compatible with the existing neighborhood character, particularly the existing
7
development to the east.
Environmentally Sensitive Areas: The property contains a variety of regulated sensitive
features areas such as slopes, woodlands, stream corridors, potential wetlands, and
archeological sites.
Although a sensitive areas development plan is not required at the rezoning stage, it is required
at the time of a subdivision. To satisfy the public need to protect environmentally sensitive areas
and archaeological resources, Staff is recommending a condition that prior to approval of a site
plan the owner must obtain approval of a preliminary and final plat. During the subdivision stage,
the applicant will also be required to delineate sensitive features and impacts. Since the regulated
sensitive features are not being evaluated at the rezoning, the owner will be required to meet the
base requirements of the sensitive areas ordinance or go through a planned development overlay
rezoning. The applicant has stated their intent to comply with the base requirements of the
sensitive areas ordinance.
Regarding archaeological resources, a phase 1 archaeological study was completed in 2010 and
determined there are archeological sites on the property. The study notes that there are some
sites that are potentially eligible for listing in the National Register of Historic Places. Therefore,
for these sites, avoidance or further investigation at the Phase II level is recommended. Again,
this will be further evaluated at the subdivision stage when a sensitive areas development plan is
required.
Floodplain: Rapid Creek places portions of the subject property within the 100-year floodplain
and 500-year floodplain. These areas are generally located at the northwest and northeast
corners of the property. Any development would need to adhere to the City’s Floodplain
Ordinance.
Transportation and Access: The only access to the property is through Moss Ridge Road. Moss
Ridge Road was constructed by the City in 2015 to encourage development of the area.
In 2012 a Traffic Study was conducted to review the impacts the proposed office/research park
development project would have on the property and surrounding area. With the scope of the
project changing, a new traffic study is needed. Therefore, staff is recommending a condition that
a traffic study be completed to ensure that any transportation impacts identified by the study are
addressed as determined by the City Engineer. If any off-site improvements are identified as part
of the traffic study, the developer will be required to make these improvements subject to review
and approval by the City Engineer prior to issuance of a building permit. This will ensure any
transportation impacts of the proposed project are addressed. Thereby, minimizing traffic related
impacts on adjacent properties.
The condition for platting also meets the public need for orderly development and an
interconnected street network. As part of the platting process, staff is also recommending a
condition to ensure a looped water system since future development to the north and west of
the subject property is not imminent. Specifically, Staff is recommending a condition that the
water main be designed to extend to the existing water main along I-80, which will create a
looped system and avoid a dead-end spur greater than 500 feet. This design would keep water
moving and the looping pattern reduces issues associated with water stagnation and would
increase firefighting capacity.
SUMMARY:
In summary, Staff finds that rezoning to CI-1 is consistent with the amended comprehensive plan
8
subject to conditions related to traffic study, approval of a preliminary and final plat, and a condition
that ensures a looped water system. The conditions imposed by the existing conditional zoning
agreement are no longer applicable due to the change in uses contemplated.
NEXT STEPS:
After a recommendation from the Planning and Zoning Commission this application will be
considered by the City Council.
• City Council will need to set a public hearing for both the comprehensive plan amendment
and rezoning.
• City Council will consider approval of the comprehensive plan amendment (CPA23-0002)
and must hold three readings including the public hearing for the rezoning (REZ23-0009).
STAFF RECOMMENDATION:
Staff recommends approval of REZ23-0009, an application to rezone approximately 61.72 acres
of the property north of I-80 and west of Highway 1 from ID-RS, RDP, OPD/CH-1 to CI-1 subject
to the following conditions:
• Prior to approval of a preliminary plat, completion of a traffic study.
• Prior to issuance of a building permit, completion of all required improvements, including
off-site improvements, as determined by the traffic study, subject to review and approval
of the City Engineer.
• Prior to site plan approval, approval of a preliminary and final plat. The public
improvements shall include water main designed to extend and connect to the existing water
main along I-80 to create a loop to prevent a dead-end spur.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Applicant Statement
4. Conceptual Development Concept
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location Map
Highlander
P
l
Moss Ridge Rd
N D o d g e S t t o 8 0 W b
Devon
Dr NE
K y l e D r N E
ACTCir
NorthgateDr
Interstate 80
N D
o
d
g
e
S
t
N DodgeSt
ACT Rd
NDodgeStSbto80Wb
80 W
b
t
o
N
D
o
d
g
e
S
t
N D o d g e S t N b t o 8 0 E b
80 Eb to N Dodge St
Two applications submitted by Stephen Moss
for approximately 61.72 acres of property
located north of I-80 and west of Highway 1/N.
Dodge Street to change the future land use map
designation from Office Research Development
Center to Intensive Commercial and to rezone
from the RDP, ID-RP, and OPD/CH-1 zones to a
CI-1 zone to allow intensive commercial
development.
µCPA23-0002 & REZ23-0009
Moss Ridge Intensive Commercial Prepared By: Kirk Lehmann
Date Prepared: Nov. 2023
0 0.1 0.20.05 Miles
ATTACHMENT 2
Zoning Map
CH1
CH1
ID-RP
RDP
CH1
ID-RP ID-RP
CH1
CO1
CO1
OPD
OHD
Highland
e
r
P
l
M o s s R id g e R d
N D o d g e S t t o 8 0 W b
Devon
Dr NE
K y l e D r N E
ACTCir
Northgate
D
r
Interstate 80
N D
o
d
g
e
S
t
N DodgeSt
ACT Rd
NDodgeStSbto80Wb
80 W
b
t
o
N
D
o
d
g
e
S
t
N D o d g e S t N b t o 8 0 E b
80 Eb to N Dodge St
Two applications submitted by Stephen Moss
for approximately 61.72 acres of property
located north of I-80 and west of Highway 1/N.
Dodge Street to change the future land use map
designation from Office Research Development
Center to Intensive Commercial and to rezone
from the RDP, ID-RP, and OPD/CH-1 zones to a
CI-1 zone to allow intensive commercial
development.
µCPA23-0002 & REZ23-0009
Moss Ridge Intensive Commercial Prepared By: Kirk Lehmann
Date Prepared: Nov. 2023
0 0.1 0.20.05 Miles
ATTACHMENT 3
Applicant Submittal
Rezoning the undeveloped property to general industrial is warranted due to several key factors that
align with the evolving needs of our community and the broader economic landscape. The proposed
rezoning not only addresses current demands but also anticipates future growth and development.
1.Economic Advancement:
The shift towards a general industrial designation reflects the changing economic
dynamics of our region, emphasizing job creation, increased tax revenue, and enhanced
economic vitality. Warehouse and freight movement, as described in the City Code,
have the potential to attract diverse businesses, fostering a robust and sustainable local
economy.
2.Strategic Location:
The property's strategic location makes it an ideal candidate for the proposed use.
Direct access to Highway 1 and Interstate 80, facilitates the efficient movement of
goods, reducing logistical costs for businesses and contributing to a more competitive
industrial sector.
Due to the construction of Moss Ridge Road by the City, public utilities exist at the site
and are adequate for the proposed use.
3.Community Development:
The rezoning aligns with Iowa City’s goals by promoting responsible land use that
accommodates a range of industries. This inclusivity not only diversifies our economic
base but also offers residents a variety of employment opportunities, strengthening the
overall fabric of our community.
4.Market Demand:
A careful analysis of market trends indicates a growing demand for this type of use – a
need mostly unmet by Iowa City. By rezoning the property to I-1, general industrial, we
position ourselves to meet this demand and attract businesses that contribute to
technological innovation, manufacturing, and other sectors crucial for sustained
economic growth.
In conclusion, the rezoning of this property to I-1, general industrial, is an intentional, proactive and
thoughtful step towards fostering economic growth and community development. By adapting to the
evolving needs of our economy and our region, we position ourselves for a vibrant and prosperous
future.
ATTACHMENT 4
Conceptual Development Concept
331,777 SF
3
843,040 SF
19.35 AC
OUTLOT 'Z'
384,456 SF
2
245,075 SF
1
336,746 SF
5
348,467 SF
4
77
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8
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438.00'
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LOT 'A'
WOODED AREA
66.0' ROW (TYP)31.0' B-B (TYP)
66.0' ROW 31.0' B-B
100' BUFFER
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BUFFER
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BASIN #1
BASIN #2
BASIN #3
WOODED AREA
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60'120'0
GRAPHIC SCALE
240'
DRAWING NO.
CHECKED BY
ENGINEER
SHEET NO.
FIELD BOOK NO.
DRAWN BY
CURRENT VERSION DATE:
NOTICE:
McClure Engineering Company waives any and all
responsibility and liability for problems which arise from
failure to follow these Plans, Specifications, and the
engineering intent they convey, or for problems which arise
from failure to obtain and/or follow the engineers guidance
with respect to any errors, omissions, inconsistencies,
ambiguities, or conflicts which are alleged.
COPYRIGHT:
Copyright and property rights in these documents are
expressly reserved by McClure Engineering Company. No
reproductions, changes, or copies in any manner shall be
made without obtaining prior written consent from McClure
Engineering Company.
1360 NW 121ST. Street
Clive, Iowa 50325
515-964-1229
fax 515-964-2370
making lives better
IOWA CITY
CONCEPT
IOWA CITY, IA
2023000797-000
-B. FLAHERTY
--
08.01.2023
1
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 6, 2023 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Scott Quellhorst, Billie
Townsend, Chad Wade
MEMBERS ABSENT: Maria Padron
STAFF PRESENT: Madison Conley, Sara Hektoen, Kirk Lehmann, Anne Russett
OTHERS PRESENT: Brian Boelk, Kim Bergen-Jackson, Steve Roe, Jack Topp, Jordan
Conrad, Kate Magsamen-Conrad
RECOMMENDATIONS TO COUNCIL:
By a vote of 6-0 the Commission moved to set a public hearing for December 20, 2023 on a
proposed amendment to change the Comprehensive Plan future land use map from Office
Research Development Center to Intensive Commercial for approximately 61.72 acres of
property.
By a vote of 5-0 (Elliott recused) the Commission recommends approval of CPA23-0001, a
proposed amendment to change the future land use designations of approximately 0.78 acres of
property located at 1201 W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units
per acre in the Comprehensive Plan and from Single-Family/Duplex Residential to Low Density
Multi-Family Residential in the Southwest District Plan.
By a vote of 5-0 (Elliott recused) the Commission recommends approval of REZ23-0008, a
proposed rezoning to change 0.78 acres of the property located at 1201 W. Benton Street from
RS-5 to RM-12 zone subject to the following conditions:
• General compliance with the footprint and scale of the concept plan to ensure
compatibility with the existing neighborhood development pattern.
• The structure may not exceed one story.
• City approval is required for a landscaping plan that preserves as much existing mature
landscaping as possible.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
COMPREHENSIVE PLAN AND REZONING ITEMS:
CASE NO. CPA23-0002
Location: North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road
A request to set a public hearing for December 20, 2023 on a proposed amendment to change
the Comprehensive Plan future land use map from Office Research Development Center to
Planning and Zoning Commission
December 6, 2023
Page 2 of 17
Intensive Commercial for approximately 61.72 acres of property.
Quellhorst moved to set a public hearing for December 20, 2023 on a proposed
amendment to change the Comprehensive Plan future land use map from Office Research
Development Center to Intensive Commercial for approximately 61.72 acres of property.
Townsend seconded.
A vote was taken and the motion carried 6-0.
CASE NO. CPA23-0001
Location: 1201 W. Benton Street
A public hearing on a proposed amendment to change the Comprehensive Plan future land use
map from 2-8 Dwelling Units per Acre to 8- 16 Dwelling Units per Acre and an amendment to
change the Southwest District Plan future land use map from Single-Family/Duplex Residential
to Low Density Multi-Family Residential for approximately 0.78 acres of property.
Elliott recused herself due to her affiliation with the Oaknoll Foundation Board and left the
meeting.
Lehmann began by noting the subject property is located on the west side of town just south of
the current Oaknoll campus. It's currently occupied by a single-family home and surrounded by
low density single-family residential neighborhoods. The proposal is to expand the Oaknoll
campus with a smaller scale multifamily use on proposed site that would be assisted group living.
Doing so, the proposal would change the future land use category to low density multifamily
residential which would allow such a use. In terms of the zoning as the zoning generally reflects
the uses that are around it. Lehmann stated to the north is medium and high density multifamily
residential zones that are in a plan development overlay and to the south, east and west is the
low density single-family residential zone (RS-5). Low density single-family residential (RS-5) is
also what the current the property is currently zoned but there's an additional concurrent
amendment to the zoning code that would change that to RM-12 or low density multifamily
residential. Lehmann shared the future land use map with the proposed change. He explained
this is part of a two-part application that includes both a Comprehensive Plan Amendment and a
rezoning. The proposed changes would allow the assisted group living use they're proposing to
house up to 12 residents in a single-story building on the subject property. The Comprehensive
Plan Amendment is CPA23-0001 and the rezoning that's affiliated with it is REZ23-0008. With
these changes the Comprehensive Plan would also change the Southwest District Plan, which
this property is within, from single-family duplex residential to low density multifamily residential.
Lehmann noted this is somewhat similar to a previous expansion of the Oaknoll campus that
occurred in 2012 west across George Street that allowed 69 units of planned development
housing and a medium density multifamily residential use. He stated that was a more substantial
expansion at that time which also had a five-story building versus this one-story building
proposed. Lehmann again showed the image of the future land use map noting the proposed
property is within the Benton Hill Neighborhood in the Roosevelt subarea of the Southwest
District Plan. This plan was initially adopted in 2002 and has been updated a couple of times
Planning and Zoning Commission
December 6, 2023
Page 3 of 17
since then, including that previous Oaknoll expansion. There's also been some other changes to
the south that have allowed additional multifamily uses.
For Comprehensive Plan Amendments there are two approval criteria that the City considers
found in Section 14-8D-3D of the City Code. The first is that circumstances have changed and/or
additional information or factors have come to light such that the proposed amendment is in the
public interest. The second is that the proposed amendment will be compatible with other
policies or provisions of the Comprehensive Plan, including any district plans or their
amendments. Lehmann stated staff reviewed those two factors and their analysis was included
in the staff report. In terms of changing circumstances, the population of residents aged 65 and
over has nearly doubled since the Southwest Plan was initially adopted in 2002. In 2000 the
census showed that there were approximately 62,000 residents in Iowa City at that time and
about 4500 of them were aged 65 plus, which is about 7% of the population. In 2020 there were
about 75,000 residents and about 8600 of them are aged 65 or greater, which is now about 12%
of the population, not quite a doubling from 2000, but it has increased, and they expect it to
continue growing, and aging, especially as the baby boomer generation continues to reach those
retirement and senior years. Therefore, the City will continue to need additional assisted living
and nursing capacity within the housing market to accommodate that growing demand. In terms
of the proposed change to the future land use map, low density multifamily generally does allow
assisted group living uses as well as multifamily uses. This future land use category directly
correlates to the RM-12 zone that's part of the proposed rezoning. Lehmann noted however, it is
important to keep in mind that this zone provides a variety of housing options so careful attention
needs to be paid to the site and the building design to ensure that it is compatible with adjacent
uses and also with all the uses that are allowed within that zone. Overall, these trends do
indicate that there's a public interest in reviewing the property's future land use category.
The second criteria looks at whether it's compatible with other policies of the Comprehensive
Plan. Lehmann stated generally multifamily housing should be located in areas with good access
to urban services, the Comprehensive Plan especially encourages it along arterial corridors such
as Benton Street. However, the District Plan does note that there are concerns about appropriate
transitions between low-density single-family neighborhoods and high-density multifamily
neighborhoods and this subject property that's being proposed would be a low-density
multifamily neighborhood. There are already significant concentrations of high-density multifamily
neighborhoods within the Roosevelt subarea but this Plan also encourages households of all
types to live close to the University and downtown which includes elderly populations in addition
to other folks such as single folks, families. etc. Again, Lehmann noted there are nearby areas
that have been developed and designed as higher density uses that are adjacent to lower
density single-family uses. There was the original Oaknoll expansion that happened in 2012,
another example occurred in 2004 when the Hawk Ridge property was developed, which had a
planned development overlay, and was medium density multifamily residential next to single-
family uses but they tried to carefully design the setbacks to be appropriate with the adjacent
single-family residential neighborhoods. Staff believes that the proposed amendment does
achieve a similar result, especially as it will be a low-density multifamily use. Lehmann also
mentioned some recommended actions that were included in the Southwest District Plan, there's
the note about the avoiding concentrations of high-density multifamily zoning adjacent to low
Planning and Zoning Commission
December 6, 2023
Page 4 of 17
density, but this is low density next to a low density, so staff believes that that's an appropriate
use of future land use planning. There are also two notes that relate to multifamily residential
design standards within the Roosevelt subarea that were incorporated with the 2005 zoning code
update that occurred after this Plan was initially adopted. A lot of the things related to the design
of the site are addressed with the City’s site development standards that are incorporated within
multifamily zones. Staff also has a recommended condition that will be presented during the
proposed rezoning presentation. Finally, there are several goals within the Comprehensive Plan
writ large, not the District Plan, that the proposed amendment would meet such as goals like
ensuring that infill development is compatible and complimentary to the surrounding
neighborhood, identifying and supporting infill development and redevelopment opportunities
where services and infrastructure is already in place, and also promoting housing design and
features that allow people to age in place. Therefore, based on this analysis staff does believe
that it's consistent with the Comprehensive Plan.
Staff recommends approval of CPA23-0001, a proposed amendment to change the future land
use designations of approximately 0.78 acres of property located at 1201 W. Benton Street from
2-8 dwelling units per acre to 8-16 dwelling units per acre in the Comprehensive Plan and from
Single-Family/Duplex Residential to Low Density Multi-Family Residential in the Southwest
District Plan.
Lehmann noted staff did receive some correspondence which was included in the agenda
packet, most of the correspondence has been in support of the amendment but staff did receive
a late correspondence that was opposed and that was distributed to the Commissioners at the
start of this meeting.
In terms of next steps, upon recommendation from the Planning and Zoning Commission a
public hearing would be scheduled with City Council for both the Comprehensive Plan
Amendment and the rezoning. Staff would expect Council to set a public hearing for both items
at their December 12 meeting with that hearing being held on January 2. The Comprehensive
Plan Amendment only requires one meeting so that could be adopted by Council at the January
2 meeting, the rezoning requires three considerations, the first being at the January 2 meeting
and the final consideration potentially being held at the earliest on February 6.
Hensch asked Lehmann to define what a future land use map is and how it is used by the City.
Lehmann explained a future land use map provides a general idea of what types of uses might
be appropriate for various pieces of land in the future, looking forward in the next 20 to 40 years.
It is intended as guidance; it is not law like a zoning code. The zoning code identifies specific
pieces of property and states what can be used where, the future land use map is based more
on the aspirations of the community and the goals that the City is trying to reach. It then tries to
provide an example of how that may be reached accordingly. Again, it's an aspirational
document that provides guidance as those legal frameworks such as zoning or subdivisions are
considered.
Craig has a question about parking, a residential unit that has 12 living spaces, what would be
the parking required. Lehmann replied that would depend on the zone and the uses, and in the
case of multifamily the number of bedrooms. For a multifamily zone that's zoned RM-12 it would
Planning and Zoning Commission
December 6, 2023
Page 5 of 17
be one to two spaces per unit, but for assisted group living it's based on other factors that include
staff on site and then 1/3 of the occupants of the site. Lehmann noted generally those things are
covered by the zoning code and is not something that is typically considered at the stage of a
Comprehensive Plan Amendment. Craig noted just thinking in the bigger picture five spaces isn’t
very much considering that there's no parking on Benton Street. Perhaps the residents are
unlikely to have their own vehicles and be driving, but there are staff and visitors and if three kids
come to see their mom three of the five spaces are taken up and there's no place else to park.
Also, if down the road Oaknoll decides they don't like this facility and they abandon it, what's it
going to become, she is just trying to think of the big picture and long term here and has a couple
of concerns.
Quellhorst noted that under the proposed zoning classification careful attention must be paid to
the site and building design, how is that enforced by the City. Lehmann stated as part of a
Comprehensive Plan Amendment it's not really part of that consideration, what they're looking at
is the long-term use of the land and what uses might be appropriate there. Site and building
design typically are addressed in conditions within a rezoning. For example, if a conditional
zoning agreement is adopted, that's a legally enforceable way that to enforce careful site design.
Hawks Ridge used their planned development overlay plan to address that but a lot of times it is
in conditional zoning agreements. The City also has the zoning code designed to try and make
sure that those sorts of factors are considered, looking at things like multifamily site development
standards which include making sure that an entrance faces the streets, making sure that
parking is screened from public right-of-way and not between the building and the street, trying to
think about the bulk and the layout of the building, and those sorts of things. Parking is also
considered and enforced within the zoning code.
Quellhorst asked if there are any conditions associated with the proposed zoning code
amendment. Lehmann confirmed there are, such as substantial compliance with the footprint of
the building, built to scale and other general components compliant with the development
concept.
Wade asked if this Amendment is triggered based on a request from the property owner. He
noted looking at the properties further to the east it goes from high density then to single family
and now this will pop up as low density multifamily which creates a little bit of a gap versus
strictly transitioning. Lehmann explained sometimes Comprehensive Plan Amendments can be
City initiated, such as with the South District form-based code, however property owners can
initiate amendments if they think the future use of their property might be more appropriate to be
X, Y or Z based on factors within the Comprehensive Plan. Lehmann noted sometimes a
Comprehensive Plan Amendment isn't needed to change the zoning because there is flexibility
implanted into the way that the Comprehensive Plan is an aspirational document and provides
guidance. Within the Comprehensive Plan it specifically notes that the corners of arterials they
should also consider higher density or higher intensity uses and it might be appropriate for
commercial or multifamily without requiring a Comprehensive Plan Amendment. In this case,
there's specific guidance in the Southwest District Plan and therefore staff felt that
Comprehensive Plan Amendment was appropriate for this subject property.
Planning and Zoning Commission
December 6, 2023
Page 6 of 17
Wade asked with a multifamily low density pairing up to single family does that change the
setback requirements or will that be discussed in the rezoning request. Lehmann replied it would
not affect the setbacks other than within the zoning code the low density multifamily zone has
standards about if it’s going to be more than two stories then it has to be set back a certain
distance from adjacent properties. The zoning code also has standards about not having
balconies facing adjacent properties if within a certain distance, so there are standards that are
influenced by having lower density zones next to multifamily. Regarding setbacks specifically,
the zoning would honor the RM-12 setback requirements which is 10 feet for side setbacks
instead of 5 feet for RS-5.
Wade asked about the process and what the Commission is voting on. Hensch explained first
the Commission will vote on the right to change the land use map, and then go onto the rezoning
and vote on that item. Lehmann noted however, for the rezoning to be approved, it must be
consistent with the Comprehensive Plan so the Comprehensive Plan Amendment would have to
be approved for the zoning to be approved.
Hensch opened the public hearing.
Brian Belk (Axiom Consultants) is here representing the applicant and noted this Comprehensive
Plan Amendment is a little interesting because it is tied into the rezoning. Regarding those items
such as the architectural style, the building, the bulk, the size and everything else, some of the
slides in the rezoning presentation will answer those questions. However, Belk did touch on a
couple of things such as this has been a very thought-out process since Oaknoll acquired that
parcel in terms of what can fit in this area, knowing there is single-family residential around it and
also serve the needs of the community. Oaknoll needs a nursing facility but wants it to look just
like a really large single family residential single level type of home facility and that architecture
really fits that well in terms of the site. Similarly, they have thought out centralizing the building so
that they have the most setbacks and buffer around it from all sides, specifically east/west and
south where there are other residential homes, but also fitting in with the existing trees and tree
lines to save as many trees as possible that are currently on the parcel, again to act as additional
buffer. The driveway is already existing and following the same alignment in terms of facing
Benton Street so not a lot of change there. Belk noted they would get into additional details on
parking once they get to that site plan process, obviously the concept that was part of the
Comprehensive Plan Amendment is simply a concept, but they do understand that there would
be certainly a lot less need for parking then seen in a typical multifamily because this is more of a
nursing type facility. Parking has been discussed in terms of number employees and things like
that. Belk also wanted to note that they’ve really looked in depth at the topography of this site, as
well in terms of the drive and the spacing so that the building itself doesn't stick out at all.
Kim Bergen-Jackson (Administrator, Oaknoll) is a nurse by training and wanted to speak about
the vision of what this small house would look like. Right now they themselves in a position
where Oaknoll needs to grow as their independent living numbers grow, their assisted living and
health care facility numbers need to grow as well. However, they don't want to build a regular old
nursing home, they want to do something innovative and creative and more home-like. This
example of a small house would bring just what they need for the 12 people that would be living
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December 6, 2023
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there. They would not be driving, they would be at a nursing facility level of care and would be
assisted completely dependent on staff but living in a home-like environment. Part of the reason
that the small house movement makes sense right now is that as they experienced COVID as a
nation one of the things they learned is that they need independent rooms, private rooms, and
small group settings, small bubbles, to create a better infection prevention plan. Oaknoll was
very fortunate during the pandemic because it had different areas for people to be in, and lots of
private rooms. People don't want to live in long corridors and models of nursing homes that were
created after the hospital model. They have been moving more and more towards a home-like
environment and so this project is exciting to be able to build a house with 12 bedrooms for
people to live with a large open concept dining so they can see the food being prepared, they
can weigh in on the menus and the grocery list and they can help participate in household tasks.
It's very normalizing as people age to have things to do around their homes. Bergen-Jackson
also hopes there'll be a dog there sometime, or at least a cat, to make it feel like home. The staff
will have access to park at the house and if there's an excess, the staff have access to park at
Oaknoll across the street. The lot is perfect as it is right across the street from the main campus,
it has all the trees and will feel like a neighborhood for people. She can see lots of Sunday
suppers sitting around a big kitchen table and that really is the intention behind this, to just
provide a more home-like environment for the residents that they serve, that's what they're
starting to ask for and that's their responsibility to provide that for them.
Hensch asked if this will this be licensed as a skilled nursing facility. Bergen-Jackson confirmed
it would be and therefore none of the residents will be driving. Hensch asked if parking for staff
would be across the street on the north side. Bergen-Jackson replied that depends, at night staff
will park at the house, there's a one car garage and they could park in the garage or they could
park in one of the other accessible stalls. However, in the daytime the staff are probably going to
park on the Oaknoll property and come across the street. Bergen-Jackson added they will also
have space out in front of the house in case they need a driver for transportation for medical
appointments or on the off chance they need an ambulance.
Craig noted parking is a concern of hers, she assumes these people will have visitors. Another
concern is Benton Street and people having to cross Benton Street. Her understanding of the
Oaknoll model, and one of the beauties of it, is that if someone has a partner and they both move
to Oaknoll in very decent health and then one needs a higher level of care, they can move into
that but the other partner is still close by and can visit that person, sometimes multiple times a
day. Her concern is that in good health, but older, person is going to have to cross Benton Street
to see their loved one in this new house, it's difficult for her to see how that's going to work.
Bergen-Jackson acknowledged her concerns and concurred they’ve had concerns about Benton
Street for a long time but does think that they'll be able to manage that. Yes, people will visit, she
hopes lots of people and all of the kids will visit, and they'll accommodate as best they can.
Bergen-Jackson noted if it's not working with the parking spaces that they have, they'll figure out
a bus to go back and forth across the street if it's too hard to get people across the street. It is
however directly across the street from George Street. She added originally the model was all
under one roof but they have figured out over time with their east expansion campus and their
apartment condos at One University Place that they don't really need to be under one roof to still
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December 6, 2023
Page 8 of 17
provide the additional services across the board. They have people driving every day to visit
loved ones now and that seems to work.
Craig noted not too long ago this Commission had a proposal to add a similar kind of care units
at the eastside Oaknoll, is this similar to that. Bergen-Jackson explained that the east Oaknoll
campus is strictly independent living right now. It would be nice if they had assisted living to add
to that campus and that is still part of their long-term plans.
Steve Roe (CEO, Oaknoll) has been employed and serving the residents of Oaknoll for 24 years.
They are excited about this option and when the property became available it came from the
grandchildren of somebody who Oaknoll cared for about 20 years ago and when their mother
passed away unexpectedly, they inherited the property and didn't have a need for it so reached
out to Oaknoll who jumped at the opportunity because of its proximity to the main campus. Then
as they started to explore options for this property, knowing the need for nursing care that they
have, they really wanted to explore the small house model of nursing and believe that this would
be an ideal situation. Yes, it would be nice if Benton Street didn't exist between the main campus
and this property, but it does and they will deal with that. As Bergen-Jackson mentioned one of
the options for dealing with that may be to transport somebody to the other side of Benton Street
and delivering them to safely to the property at 1201 West Benton. Roe stated regarding the
question about Oaknoll East's assisted living, they did work through that process and received a
rezoning approval for that potential project. They have not started anything there yet, primarily
because it's just so expensive and the construction cost for that particular location relative to the
revenue that will be generated from a 16 unit assisted living, they have just not been able to find
a way to justify financially how to move forward with that. Therefore, this is an alternative
potentially that will help with managing the care of the residents they have.
Hensch asked if the engineers ever talked to the City about traffic calming measures on Benton
Street because that's a really busy street with a lot of speed and maybe there needs to be some
controlled pedestrian crossing there at George Street or something. Roe agreed that might be a
first step.
Jack Topp (OPN Architects) stated they are very excited about this project and have been talking
and discussing about all the options. Oaknoll has been looking at other options around town to
try and see if they could expand even beyond the east campus, to see about their services and
being able to service their residents that they have now. This design of the facility on 1201
Benton Steet is one story, it's not intended to be multi-story, so it has a very small presence on
the site. Also, the vegetation has been looked at quite intensively around the site to try and keep
the as much of the existing vegetation as possible, there's some old trees and shrubs and
bushes that are quite nice to keep and they'd like to make sure that they can achieve that. Topp
also stated that this particular model of housing and care is only requiring two full time staff so
there aren’t multiple people going back and forth between the existing facilities and this facility,
there would be two full time staff that would be monitoring and taking care of the folks at this
home.
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December 6, 2023
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Hensch asked what the maximum height for this facility would be. Topp replied they are looking
at 15 feet and if it was single family residential the height of a typical home would have the pitch
of the roof at 15 or 20 feet. Hensch asked what's the square footage of this building and the lot.
Topp stated the gross square footage is 8720 which will cover about 26% of the lot.
Jordan Conrad (905 Weeber Street) lives right around the corner from this proposed property
and is opposed to the rezoning of this property. The neighborhood is a residential neighborhood,
and he believes that changing the zoning in this particular property would lead to future
development beyond residential use. Conrad believes this is just the first step in an area that is
already marked by high density apartment complexes and the facility at Oaknoll. This would
further that development beyond residential use. Conrad has a few other issues with changing
the zoning, and then the building specifically. Like Commissioner Craig had mentioned, parking,
this is an 8000 plus square foot property and three quarters of an acre, it will take up a rather
large footprint on that property. Parking in that area has always been a problem, Oaknoll
regularly has events and their parking is not sufficient and the people that show up to those
events spill over onto George Street even though there's very clear no parking anytime signs.
Guests to Oaknoll regularly park on Weeber Street, way down into Weeber Street, and backup
the opposing hillside even though there's no parking signs there Monday through Friday, nine to
five, and it creates a significant traffic problem in their residential neighborhood. On top of that,
Benton is a very dangerous street, especially where that house is located, even after the
resurfacing project that they just completed weeks ago. People are flying through there at 45
miles per hour fairly regularly and it's a problem. He crosses that road twice a day to go to work
and adding even more density on that property is going to create additional problems. One of the
criteria was that circumstances had to change and he is happy that Iowa City has a very diverse
population and that a healthy number of older adults in the community, but he doesn’t think that
it's necessary to put them in that location, they have an east campus and they can build this
same facility over there. They can build out on Rohret Road or on the west side where there's
current development going on. Adding and expanding their campus into a residential
neighborhood is a really bad idea and Conrad strongly opposes this plan.
Kate Magsamen-Conrad (905 Weeber Street) just wanted to add that the way she found out
about this project was actually through a neighbor that lives at the top of the hill, at the corner of
Weeber and Benton Streets. Oaknoll has approached him for a very long time and continues to
approach him to purchase his house. The person who talked to their neighbor has a list of other
addresses and the person who came to talk to him told him that the idea behind this is to acquire
each of these properties one at a time so that they can put a more massive facility on that
property. Obviously, she didn't talk to the person herself so this is hearsay, but she does know
there was a paper that they tried to get people to sign on to saying that they agree Oaknoll is a
good neighbor and they want this this facility in their neighborhood. Looking at that list that she
has actually has and having this conversation with her neighbor, there's more in plan here than
just this single facility and while she has concerns at the outset about a single facility for all the
reasons listed, including lines of cars on George Street with little signs that say event parking, an
even bigger concern is to get the foot in the door here and eventually Oaknoll extends and takes
over a huge portion of the neighborhood. Magsamen-Conrad would prefer to exist in this low-
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December 6, 2023
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density neighborhood that they have currently. She thinks that the facility itself is a fantastic idea
she just would like to see it built in zones that are already accommodating that kind of structure.
Steve Roe (CEO, Oaknoll) feels a need to reply to the to the last comment as that was hearsay
and categorically untrue. They have not approached any property owners along that street, they
invited people to a meeting to tell them what they would like to do but have not extended any
offers to anyone, nor do they have any plans to do that. The gentleman in question, Roe did
meet with him personally and got the impression that he was interested in selling to Oaknoll at
some point, but it was not something that Roe initiated.
Hensch closed the public hearing.
Craig moved to recommend approval of CPA23-0001, a proposed amendment to change
the future land use designations of approximately 0.78 acres of property located at 1201
W. Benton Street from 2-8 dwelling units per acre to 8-16 dwelling units per acre in the
Comprehensive Plan and from Single-Family/Duplex Residential to Low Density Multi-
Family Residential in the Southwest District Plan.
Townsend seconded the motion.
Craig noted from the comments she’s made people can see she is very conflicted here but thinks
there are good reasons both ways. Her biggest concerns are the traffic on Benton Street, she
does think Oaknoll has the resources to do what they said and accommodate people at Oaknoll
who need to get to the other side of the street. She also thinks traffic calming on Benton Street
would be a good idea. Unfortunately, there just have been times when people come and ask for
rezoning based on a proposal of something and then the Commission finds out a year later for
good reasons that the project has changed significantly, so there is some caution. She is in favor
of this particular project and would reluctantly support it with cautions but is concerned that if it
doesn't come to fruition that they have changed the Comprehensive Plan, and possibly the
rezoning, and something that she wouldn't be a favor of is going to go in there. But they can only
vote on what is in front of them at this point and time.
Townsend asked if the unit itself takes up a very small portion of the land, about a fourth, so why
isn't there more parking built into that project. Hekteon stated she would caution them from away
from considering the specific plan, this is about changing the land use map from two to eight
dwelling units to eight to 16 dwelling units. Townsend noted then there could possibly be 16
units built in that same space if this is approved. Hekteon stated they could impose conditions
on any rezoning, this is a two-step process, the Comprehensive Plan is more conceptual and
should be a guide for any user of this property or any rezoning application for this property.
Townsend asked if at this point they are only talking about one unit, why are they rezoning for a
possible 16 units. Hekteon noted again, this is the Comprehensive Plan and it would allow for a
greater range of zoning designations for this property, that's the question that they’re being
asked to decide at this stage.
Hensch has really strong feelings and has been very consistent about this over time that any
development for older adult living in Iowa City in particular is a good thing and they need more of
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December 6, 2023
Page 11 of 17
it. He might have been the only person on the Commission at the time but if people remember
the rezoning for Grand Living, when they came in the Grand Living at Bridgewater, which is now
built in North Coralville, that beautiful structure was going to go in that open area by St. Andrew
Presbyterian Church but all the neighbors, in Walnut Ridge in particular, came to complain and
now they don't have that beautiful senior facility in Iowa City. He feels like this is something he
really strongly supports, it is of course just the map, they can cover the minutiae of the rezoning
and particular concerns can be covered as conditions under the rezoning, but just as the concept
he fully enthusiastically supports this.
Quellhorst stated he would support this amendment and thinks it's an important cause. He also
thinks it's in a reasonable place for our employer of zoning, particularly given the other large
structures on Benton Street, and this is an arterial street. However, he does think that at some
point, whether in this proposed amendment or in a broader revisitation of the District Plan, it'd be
helpful to clarify the extent of the development that the City is willing to permit in this area, to
provide some comfort and predictability for the people that live there, particularly west of George
Street. The whole purpose of the Comprehensive Plan, and the District Plan, is to give people
notice of what's going to happen in their neighborhoods and where they live. When the City is
doing this in sort of piecemeal fashion, and bringing a change to the Comprehensive Plan, along
with a change the zoning code, he doesn’t think people get quite the degree of advance notice
that might be ideal. Therefore, he will support this request here today, but will be reluctant to
support similar requests in the future.
Wade agreed he will also vote in favor of it, he understands the neighbors’ concerns but because
he sees as a transition area from the east to this location this does provide a transitory area from
single family residential to a higher density location.
A vote was taken and the motion was approved 5-0 (Elliott recused).
CASE NO. REZ23-0008
Location: 1201 W. Benton Street
An application for a rezoning of approximately 0.78 acres of land from Low Density Single Family
Residential (RS-5) zone to Low Density Multi-Family Residential (RM-12) zone.
Conley began the staff report noting this rezoning is in tandem with the Comprehensive Plan
Amendment CPA-0001 that was just approved. There is an existing single-family home on the
parcel at the moment and across the street is Oaknoll’s main campus. The subject property is
bordered by single family homes with RS-5 zoning to the east, west and south and RM-12
residential multifamily high density with an overlay across the street to the north. The proposed
zoning for the subject property is RM-12, which is the low density multifamily residential zone.
The RM-12 zone is created to provide a diverse variety of housing options in neighborhoods
throughout the City. This zone particularly allows multifamily assisted group living, community
service, general educational facilities and others, whether that be through permission, provisional
use or special exception. Additionally, compliance with the multifamily site development
standards in 14-2B-6 of the Iowa City Zoning Code would apply to any development going into
the RM-12 zone. The maximum density listed in multifamily has a maximum of 12 units allowed
Planning and Zoning Commission
December 6, 2023
Page 12 of 17
in this particular zone. Additionally, assisted group living facility would have a maximum of 45
roomers, and that calculation comes from the provisional use section in the Code, there is also a
maximum height of 35 feet. Additionally, like previously mentioned there are some requirements
depending on how close the proposed structure is to an existing single-family structure, if it is 15
feet there would be a maximum limit of two and a half stories for that proposed structure.
Conley next showed the development concept provided by the applicant, the footprint site plan
concept for the proposed assisted group living facility. It would house 12 residents in 12 units.
The square footage of the building would be 8720 square feet and covers approximately 26% of
the lot. There are five parking spaces with the access to West Benton Street. Conley also
showed a 3d model of how the structure would look on the property.
Regarding the general development approval criteria for a rezoning, it must be consistent with
the Comprehensive Plan and be compatible with the existing neighborhood. The future land use
map will be updated due to the Comprehensive Plan Amendment going from two to eight
dwelling units to eight to 16 dwelling units per acre. Additionally, the Southwest District Plan will
be updated as well going from single-family duplex residential to low-density multifamily. In the
Comprehensive Plan there are three parts that support this type of proposed development and
rezoning, first is to ensure that infill development is compatible and complimentary to the
surrounding neighborhood, second to identify and support infill development and redevelopment
opportunities in areas where services and infrastructure are already in place, and finally to
promote housing design and features that allow people to age in place such as universal design.
Additionally, Conley noted Benton Street is an arterial street corridor with access to City services.
She stated this plan does encourage high quality multifamily housing compatible with the
surrounding development in order to meet the needs of a variety of households. In addition to the
Comprehensive Plan this property is also in the Southwest District Plan, and there are some
concerns in that plan, one being high density multifamily zoning is excessive for the area.
Number two, transition is lacking between low density single-family and high-density multifamily
zones. Third is building bulk and scale, parking lot size, bright lights and noise adjacent to single
family homes. There are some recommended actions stated in the Southwest District Plan to
help combat this, such as avoid concentrations of high density multifamily zoning directly
adjacent to low density single family zones, facilitate downzoning multifamily property where
appropriate and apply the multifamily residential design standards contained in Section 14-5H-
5N of the City Code to the Roosevelt Subarea. Staff is recommending a condition that there
should be general compliance with the footprint and scale of the concept plan to ensure
compatibility with the existing neighborhood development pattern. Additionally, to talk about the
compatibility with existing neighborhood, staff noted that this is seen as an extension of Oaknoll’s
main campus which exists to the north and is bordered by single family homes to the east, west
and south. This condition includes development concept notes, such as it being 8720 square
feet, a one-story structure, and can only house 12 residents. The recommended condition that
staff has created would help to ensure compliance with the existing neighborhood uses because
regulating that building bulk and scale would be one of the ways to ensure that this development
meets the existing neighborhood development pattern.
Staff recommends approval of REZ23-0008, a proposed rezoning to change 0.78 acres of the
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December 6, 2023
Page 13 of 17
property located at 1201 W. Benton Street from RS-5 to RM-12 zone subject to the following
condition:
• General compliance with the footprint and scale of the concept plan to ensure
compatibility with the existing neighborhood development pattern.
Hensch asked about the condition of general compliance of the footprint and scale of the concept
plan, one concern is that if this is rezoned to RM-12 and Oaknoll, for some reason, decides they
can't proceed with the plan can someone decide to just build some apartments there. Stating
general compliance to the footprint and scale of the building does that mean that if it's 10%
deviation from that or 50% deviation, then it the rezoning is no longer valid. Conley stated it
means that they aim for the concept to comply with what is found in the Code regarding
multifamily development standards, specifically the building bulk and scale and making sure that
whatever development does come in would comply and be compatible with the existing character
of the neighborhood. Russett added staff really focuses on bulk and scale for the condition to
ensure that they wouldn't allow a large block scale apartment building. Through the condition,
they are not restricting uses nor restricting number of units but are trying to say is that the project
must fit within approximately 8700 square feet and a one-story building. There may be some
flexibility such as if they propose a one and a half story building staff would have to look at that
and see if it is generally in compliance, maybe it's not 8700 square feet, maybe it's 8800, so
there is some flexibility but general compliance. The project needs to meet the intent of the
condition that it's going to fit in terms of bulk and scale with the existing neighbors. Hensch
noted the architects said that this facility will be about 15 feet tall so they would be limited to
something essentially 15 to 20 feet and if they wanted to change it for some reason, they’re not
going to get the 35 feet. Russett stated if the Commission wants to put a cap on that, they could
add specificity to the condition.
Russett noted conditions can go either way, it provides specificity, but it also it can act as a
constraint, especially if something changes in the future. As long as staff can ensure that the
condition proposed is to meet a public need caused by the rezoning and it can be supported staff
would be supportive of adding specificity.
Hensch believes it does need to be more specific because the whole thing about character in a
neighborhood, if they put a 35-foot building there, versus a 15-foot building, it will not be
consistent with single family residential dwelling, a 35-foot building would be out of character.
Russett noted the RS-5 zone has a maximum height of 35 feet as well so this zone doesn't allow
a higher building than as it's currently zoned.
Quellhorst noted they all share a general sentiment that this project appears to be tasteful and
well done but there are concerns that they don't want to deviate too far from it. With that in mind
what conditions would staff recommend to not cause too many problems for future owners or
conveyances but at the same time assure that they're sticking relatively clear way to what's been
proposed here today. Russett stated staff believes with their recommended condition of general
compliance in terms of bulk and scale, which is talking about the height and the footprint, will
assure compliance. If the Commission wants to limit it to a certain number of stories, that's
Planning and Zoning Commission
December 6, 2023
Page 14 of 17
something that could be considered, there were also discussions regarding landscaping and tree
preservation that is not included in the staff condition, so that might be something to require for
the future.
Hensch stated they have done that in the past and in other times they've had the City Forester
sign off on the landscaping plan. He feels that seems reasonable to do again as a condition for
this.
Craig stated she would like to see a compliance related to the height; in this neighborhood it
should not be more than one story. Hensch noted the current zoning height allowed is 35 feet, so
currently somebody could build a 35-foot building right there without getting a rezoning.
Russett noted the difference is that at the current zoning it only allows single family and duplex
uses and at 35 feet is more likely with RM-12, but there could be a two-story duplex or a three-
story duplex.
Wade noted oftentimes with a new regular residential multi-unit building, it has some kind of fee
in lieu or affordable type unit requirement, what has affordability requirements versus what does
not. Russett replied the affordability requirements are in Riverfront Crossings, there is no
affordability requirement here.
Hensch stated since they're talking about conditions, he is interested in the condition of the
landscaping plan and having that signed off by the City Forester because it makes sense to try to
maintain as many trees as possible to stay with the character of the neighborhood. His other
concern is given how busy Benton Street is, five parking spaces does seem a little light, and
perhaps a condition regarding if there's room for additional parking spaces to be constructed,
could they add them. They’re expecting people to walk across Benton Street and there’s not any
pedestrian crossings there. Could they add a condition about the engineer working with the City
about making a designated pedestrian crossing, because the whole neighborhood needs it. It
seems pretty reasonable for the safety of the visitors, guests, employees, and then just for the
neighborhood that it needs to be investigated to have a designated pedestrian crossing area that
the City has signed off on for the safety of everybody. Hekteon stated they could pass on that
request to the City traffic planners.
Craig is confident staff will pass along traffic concerns to the appropriate City officials. Hekteon
stated if they wanted more feedback from staff they can ask but she would hesitate to
recommend imposing it as a condition of the rezoning without further information from staff.
Hensch noted they can ask the applicant’s engineer about this. Russett added alternatively, if
it's something the Commission wants to investigate with City staff they could defer. Craig stated
she is comfortable to do City staff will do the right thing here.
Hensch opened the public hearing.
Brian Boelk (Axiom Consultants) stated with regards to engineering they are certainly happy to
work with City staff, Public Works, Engineering Traffic, both in terms of the discussion, certainly
Planning and Zoning Commission
December 6, 2023
Page 15 of 17
with Benton Street as a whole, but as well as crossings along Benton Street there as well.
Oaknoll will not have any issues with that, it’s certainly in their best interest for safety as well as
Oaknoll is a major employer and needs to be investigated if they're asking staff to cross the
street to go to work. In regard to the parking, Belk doesn’t think Oaknoll will have any objection to
adding more parking there either. This is just a concept drawing, this isn't the site plan that would
really get into the depths of all that and in terms of on the concept plan, parking was somewhat
limited based on anticipated use with the history of what skilled nursing facilities require and
need based on what they've seen over the many years, as well as just trying to limit the amount
of impervious area and impact to the property as a whole in terms of a footprint. However, if
looking at some additional parking is required, they're not against that, they could move the
house a little bit forward and get some additional parking in there. He did note they do have
another handicap stall there as well as a space that could be in front of the garage so really
there's more like seven parking spaces shown on that concept versus five.
Hensch stated it's the sense of the Commission that they’re a little light on parking, and also
listening to the other people who spoke at the public hearing parking is already an issue around
there during times, so they don't want to add to that. Belk reiterated they can definitely look into
additional concepts, again they will have to go through the code process with the site plan to
make sure they’re first meeting the Code, and then can go from there.
Hensch asked if they are going to do a landscape plan with concept. Belk replied they will, that
would always go with the site plan process and again, certainly the desire that was really pointed
out by Oaknoll and directed to them was to position the house there to keep as many of those
beautiful trees as they can. Additional landscaping will be based on the site plan and the zoning.
Jordan Conrad (905 Weeber Street) stated he still objects to this rezoning and if they are talking
about adding more parking spaces that is going to change the feel and start to look like a
commercial zone and not a residential neighborhood. He adamantly is opposed to this plan, it’s
changing the neighborhood and he is rather disappointed that nobody else seems to be
concerned about that.
Hensch closed the public hearing.
Townsend moved to recommend approval of REZ23-0008, a proposed rezoning to change
0.78 acres of the property located at 1201 W. Benton Street from RS-5 to RM-12 zone
subject to the following condition:
• General compliance with the footprint and scale of the concept plan to ensure
compatibility with the existing neighborhood development pattern.
Wade seconded the motion.
Craig asked to amend the motion to include in the conditions that structure may not exceed one
story and City approval is required for a landscaping plan that preserves as much existing
mature landscaping as possible.
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December 6, 2023
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Townsend agreed to amend her motion, all members of the Commission seconded the
amendment.
A vote was taken and the motion passed 5-0.
CONSIDERATION OF MEETING MINUTES: NOVEMBER 15, 2023:
Craig moved to approve the meeting minutes from November 15, 2023. Townsend seconded
the motion, a vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Russett gave a couple updates; first City Council did adopt the two zoning code amendments
that the Commission had seen recently regarding all of the housing code amendments including
the accessory dwelling unit amendments which were passed with the Commission's
recommendation to maintain the owner occupancy requirement. Second, Tuesday night the
Council will to discuss the RNS-12 maximum height reduction from 35 feet to 27 feet.
Townsend noted every time she drives up Kimball Road where they knocked down that house
there's been a crane there for the past three or four months just sitting there and it just looked
like it was sitting on a slope. What are they building there. Russett will check on a building
permit and get back to her.
ADJOURNMENT:
Townsend moved to adjourn, Quellhorst seconded and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2023-2024
12/7 12/21 1/4 1/18 2/15 3/1 4/5 4/19 6/21 7/5 7/19 8/2 8/16 10/4 10/18 11/158 12/6
CRAIG, SUSAN O/E X X X X X X X X X X X X X X X X
ELLIOTT, MAGGIE X X X X X X X X X X X X X X X X X
HENSCH, MIKE X X X X X X X X X O/E X X X X X X X
PADRON, MARIA X X X X X X X X X X O/E X X X X X O/E
QUELLHORST, SCOTT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X
SIGNS, MARK X X X X O/E O/E X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- --
TOWNSEND, BILLIE X O/E X O/E X X X X X X X O/E X X X X X
WADE, CHAD X X X O/E X X X X X X X X X X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member