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HomeMy WebLinkAbout2024-03-19 Ordinance Item Number: 11.a. r CITY OF IOWA CITY COUNCIL ACTION REPORT March 19, 2024 Ordinance rezoning approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone (REZ24-0002). Attachments: Staff Report with Attachments PZ 2.7.24 minutes Ordinance STAFF REPORT To: Planning and Zoning Commission Prepared by: Parker Walsh, Associate Item: REZ24-0002 Planner Date: February 7, 2024 GENERAL INFORMATION: Applicant City of Iowa City 410 E Washington St Iowa City, IA 52240 Owners: Shelter House PO Box 3146 Iowa City, IA 52244 Community & Family Resources 211 Avenue M West Fort Dodge, IA 50501 Youth Homes, Inc. 1916 Waterfront Drive Iowa City, IA 52240 Requested Action: City initiated rezoning of approximately 4.5 acres of land from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2) Purpose: To align existing uses with compatible zones following the recent City Zoning Code amendment Location: 1916 Waterfront Drive, 429 Southgate Avenue, 430 Southgate Avenue, 436-438 Southgate Avenue, and 501 Southgate Avenue Location Map: fl i r Size: 4.5 acres 2 Existing Land Use and Zoning: Intensive Commercial Zone (CI-1) Surrounding Land Use and Zoning: North: Community Commercial Zone (CC-2) South: High Density Single Family Residential with a Planned Development Overlay (OPD/RS-12) East: Intensive Commercial Zone (CI-1) West: Intensive Commercial Zone (CI-1) Comprehensive Plan: General Commercial and Intensive Commercial District Plan: South District Plan: Commercial Neighborhood Open Space District: S1 Public Meeting Notification: Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. Rezoning signs were posted on the properties on 1/17/24. File Date: January 4, 2024 45 Day Limitation Period: February 18, 2024 BACKGROUND INFORMATION: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi-family uses; and 2. Reclassifying community service— long term housing as a residential use. These two changes created some non-conformities for existing uses, specifically by reclassifying existing community service-long term housing as multi-family and no longer allowing assisted group living uses in Intensive Commercial (CI-1) zones. The purpose of this city-initiated rezoning application is to rezone several properties near the intersection of Waterfront Drive and Southgate Avenue currently zoned CI-1 to Community Commercial (CC-2)to better align their zoning with their existing uses following these recent zoning code changes. No changes to existing uses are proposed as part of this application. Staff met with all property owners. All property owners have expressed their support for the rezoning in writing (Attachment 4). A Good Neighbor Meeting was held on January 30, 2024, which was attended by staff and two others from the community. The summary of this meeting is available in Attachment 4. 3 ANALYSIS: The subject properties are all part of the Braverman Center Lot 2 of Block 1 and Blocks 5, 6, and 7 subdivision. They were zoned Intensive Commercial (CI-1) on December 20, 1983 as part of the comprehensive rezoning of the City with the adoption of the 1983 zoning code update. The surrounding properties were also zoned CI-1 as part of this comprehensive rezoning. Prior to that, the subject properties were zoned Light Industrial (M1). This area has gradually changed over the past 40 years. Commercial uses along the highway began to spread further south as additional residential development continued to occur in the South District. In 1994 (Ord. 94-3653), the HyVee property to the north was rezoned to Community Commercial (CC-2). The nonprofit uses currently occupying the subject properties began establishing themselves in the area in the late 1990s through the mid-2000s. In addition, CC-2 zoning continued to expand, especially in 2006 when CC-2 zoning extended down Boyrum Street (Ord. 06-4211 and Ord. 06-4223), S. Gilbert Street (Ord. 06-4224), and along Stevens Drive (Ord. 06-4240). In 2018, the County purchased and rezoned land to the west to establish the GuideLink Center, which offers urgent mental health and substance use services. While there are still many uses consistent with the CI-1 zoning designation nearby, further expansion of the CC-2 zone to the subject properties makes sense given the existing land uses. At the same time, the meaning of CI-1 zoning designation has also changed over time. When it was first adopted in 1983, multi-family, group care facilities (now called assisted group living), and transitional housing uses were allowed by special exception in the CI-1 zone. However, in 2005, the zoning changed such that multi-family uses were no longer allowed; however assisted group living and community service—shelter uses continued to be allowed in the CI-1 zone. Community service—long term housing was added as an institutional use category in 2016, which was also allowed by special exception in CI-1 zones. Overtime the CI-1 zone has gone from an all- encompassing commercial zone to being focused more towards intensive commercial development. Due to residential uses being removed over the years, and the primary intent of the CI-1 zone changing, staff felt it was necessary to remove the remaining residential uses from the zone as they were incompatible. The 2023 zoning code text amendments related to housing addressed potential fair housing issues by aligning assisted group living and community service— long term housing with other residential uses. This led to the removal of assisted group living and community service— long term housing as an allowable use in the CI-1 zone because other residential uses were also prohibited. The 2023 zoning code text amendments also simplified the process by which assisted group living is allowed in CC-2 through by removing the need for a special exception. The City is initiating this rezoning because the zoning code text amendments adopted on November 6, 2023, no longer allow other uses similar to residential uses in CI-1 zones, which resulted in the creation of several legal nonconforming uses on the subject properties. It is important to correct this issue as nonconforming uses are not allowed to be enlarged or altered in such a way that would be considered an expansion of a nonconforming use. This may limit or prohibit any future development under the existing uses. Current Zoning: The subject properties are currently zoned Intensive Commercial (CI-1). The purpose of CI-1 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 4 adjacent residential zones. With the 2023 zoning code text amendment, no residential uses are allowed in a CI-1 zone. This change is intended to remove residential uses from a zone that typically utilizes more intense uses that are not compatible with residential. Proposed Zoning: The request is to rezone the subject properties from the existing CI-1 to Community Commercial (CC-2) zone. The purpose of CC-2 is to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares. While these centers are usually characterized by indoor operations, uses may have limited outdoor activities; provided, that outdoor operations are screened or buffered to remain compatible with surrounding uses. The CC-2 zone would make the existing assisted living uses conforming, allowing for potential expansions and other site renovations. Without the rezoning, the existing properties would continue as legal nonconformities, but be unable to expand until rezoned. The CC-2 zone would also be continuous with CC-2 zoned property to the north. Table 1 below outlines a comparison of the uses allowed in the existing CI-1 zone and the proposed CC-2 zone. Table 1: Uses Allowed in Commercial Zones Uses Categories Community Intensive Commercial Commercial Residential —Assisted Group Living PR - Residential —Group Household PR - Residential — Multi-Family PR/S - Adult Business - PR Animal Related Commercial —General PR PR Animal Related Commercial — - PR Intensive Building Trade Uses PR P Commercial Recreation — Indoor P P Commercial Recreation —Outdoor S P Drinking Establishments PR PR Eating Establishments P P Office - General P P Office— Medical/Dental P P Quick Vehicle Servicing PR/S PR/S Retail —Alcohol Sales P P Retail — Delayed Deposit PR - Retail — Hospitality P P Outdoor Storage and Display PR P Retail — Personal Service P P Retail — Repair P P Retail —Sales P P Surface Passenger Service P P Vehicle Repair S PR Industrial Service - P General Manufacturing PR PR Heavy Manufacturing - S Technical/Light Manufacturing PR PR 5 Self Service Storage S P Warehouse & Freight Movement - P Wholesale Sales - P Basic Utility PR/S PR/S Community Service—Shelter S S General Community Service P S Daycare PR PR General Education S - Specialized Education P S Parks and Open Space PR - Religious/Private Group Assembly P P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P= Permitted, PR = Provisional, S = Special Exception, - Not Allowed Property Analysis: Staff prepared an analysis of the properties to summarize existing nonconforming uses and detail what would change due to the proposed rezoning. The proposed rezoning would better align the zoning with the existing land uses and compatible development. The subject properties may continue to use the sites as currently established, regardless of the nonconforming use. However, according to 14-4E-5 of the City Code, any future redevelopment, expansions, or alterations of the subject properties may be prohibited if they are considered expansions of the nonconforming use. The purpose of the analysis is to determine if the CC-2 zone is a compatible alternative that would not create additional nonconforming use issues that would limit any future development of the existing properties. Any future development activity on the subject properties would require a site plan, which may uncover additional Code compliance concerns that would need to be satisfied as part of the site plan review process. A nonconforming analysis of the properties is below. •.r 1916 Waterfront ■ re General Community Service Medical Offices - al Plumb Supply Company 0 Assist d Group Multi-Family Office Southgate Ave 429 Southgate 501 Southgate Community Multi-Family Z Service-Shelter CI1 Nk Hilltop Mobile Horne Park i N 1stAve Figure 1:Location and Land Use Map 6 1916 Waterfront Dr: Four Oaks • A special exception was granted in order to establish and expand a group care facility use (now called assisted group living) to allow 24 roomers. Today, the property is no longer used for assisted group living. It is primarily a general community service use with medical offices. • If the property were to remain zoned CI-1 a special exception would be required to expand the general community service use and assisted group living would not be allowed. Both uses are allowed provisionally in the proposed CC-2 zone. 430 Southgate Ave: Community& Family Resources • The current uses for the property include assisted group living which received a special exception in 1985 and general office. While assisted group living is no longer allowed in CI-1 zones, both uses are allowed in CC-2. • The property received a parking reduction through a special exception in 2000 that required 84 spaces between this property and 436-438 Southgate Ave; together, these parcels constitute a single tract. 436 - 438 Southgate Ave: Community& Family Resources • The current uses for the property include multi-family and ground floor office. Multi-family has not been allowed in CI-1 zones since at least 2005. This is currently an established legal nonconforming use in CI-1. • In the CC-2 zone multi-family uses above the ground floor are allowed provisionally. Because this constitutes a tract with 430 Southgate Ave, the multi-family uses meet current dwelling unit density standards. 429 Southgate Ave: Shelter House • In 2004 the property owner received a special exception to establish a community service —shelter use for up to 70 temporary residents. This use requires a special exception in both CI-1 and CC-2 zones. This use was legally established and could continue to operate under the existing special exception. 501 Southgate Ave: Shelter House • In 2020, this property received a special exception to establish a community service— long term housing use, but the 2023 zoning code text amendment eliminated it as a use type. • The use is now classified as multi-family with accessory supportive services. The multi- family use is not allowed in the CI-1 zone, but it is allowed in CC-2 zones either provisionally or by special exception. • The property currently has 36 one-bedroom units, which is more than the maximum density allowed in CC-2 zones. As such, the proposed rezoning would bring the site into greater compliance with the zoning code, though it would still be considered a nonconforming use due to density. However, its current use may continue to operate as a legal nonconforming use. • Due to the reclassification in use to multi-family, the parking ratio has changed, which leads to a nonconforming situation. The property currently has 30 spaces instead of 36 spaces as would be required under its new land use category. However, all units are affordable, which would no longer require parking under the 2023 zoning code text amendments if the owner entered into an affordable housing agreement. Although this is not required of the owner, it is an option that could bring the parking into compliance with current standards. Regardless, the use can continue to operate as -is. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 7 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject properties as suitable for General Commercial and Intensive Commercial land use1916 Waterfront Or M s. The Comprehensive Plan also states that "in General Community Service addition to the District Plans, the neighborhood R edical Offices design principles should be considered when interpreting the land use map". The Comprehensive Plan goes on to state, "use the District Plans to identify appropriate commercial -� Plumb Supply Company nodes and zone accordingly to focus commercial development to meet the needs of the present and ddl.he.d Gardens future population". ,M Assisted Group Multi-Family E The neighborhood design principle Buffer Residential Development from Incompatible Uses RepaV emphasizes the importance of providing sufficient soA 4 buffers to assure the long-term livability ofU429 Southgate 501 Southgate NY neighborhoods. Although many of the allowed Service-Shelter uses in CC-2 are similar to those in CI-1, many of "' the more intensive uses are provisional with approval criteria such as higher intensity screening ft to maintain a buffer. 11top Mobile Home Park �'�' �; 1s1Ave The land use chapter of the Comprehensive Plan Figure 2: Location and Use Map includes a strategy to, "Plan for appropriate transitions between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhood". Currently, the properties south of Southgate Ave abut existing residential to the south. The South District Plan Future Land Use Map designates the subject properties as Commercial to provide the opportunity for a large variety of uses that serve a major segment of the community. Similar to the IC2030 plan, the South District Plan emphasizes the importance of the neighborhood design principles, specifically, to buffer residential development from incompatible uses to help ensure the long-term livability of neighborhoods. Goal 4 of the South District Plan Commercial Area —Goals and Objectives states "ensuring that commercial areas and uses contribute to the long term vitality and appeal of adjacent neighborhoods". The objectives to achieve this goal go on to state "Explore the potential for mixed use, residential, or institutional uses. Any proposed rezoning of this area should be scrutinized to ensure that new development contributes to the overall health of the surrounding neighborhood, including nearby residential uses". Although no new development is planned with this rezoning, the existing residential uses in the area are noted in the Plan as desirable to promote a long term healthy neighborhood. The CC-2 zone would allow these residential uses, while also removing the ability to develop some incompatible uses allowed in CI-1. CC-2 also puts a greater emphasis on buffering incompatible uses through increased screening and setback standards, which will further contribute to the overall health and neighborhood compatibility of existing and future development in the area. Compatibility with Existing Neighborhood Character: The rezoning would bring the existing land uses more in conformance with the zoning code, while also allowing for future redevelopment to uses that more closely fit with the Comprehensive Plan's vision. Rezoning to CC-2 is more compatible with the existing residential 8 uses to the south. The existing land uses also provide the transition envisioned in the Comprehensive Plan. Specifically, the land uses transition from high density single family manufactured housing park, to multi-family and assisted group living uses, to community service and medical office, and finally into the HyVee commercial area to the north. See Figure 1. Directly to the east of the subject properties is Plumb Supply Company, a plumbing supply store with outdoor storage. Directly to the west, across Waterfront Dr., is Ruiz Auto Repair and Fiddlehead Gardens, both with outdoor storage. The outdoor storage uses are generally less compatible with the existing residential uses. However, if these properties redevelop in the future, additional screening may be required to buffer the residential uses, as well as screening of the outdoor storage areas from adjacent properties. A rezoning of the subject properties to CC-2 would ensure that the existing properties are conforming, while also allowing future commercial redevelopment that would remain compatible with the surrounding CI-1 uses. SUMMARY: In summary, Staff initiated and supports the rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2). Rezoning to CC-2 would restore the existing uses to conforming use status. Additionally, given the existing development in the area, the rezoning to CC-2 would create a more compatible neighborhood envisioned in the Comprehensive Plan as the zone emphasizes buffers between incompatible uses, while also removing the ability to develop some incompatible uses allowed in CI-1. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Good Neighbor Meeting Summary 5. Property Owner Statements Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 9 ATTACHMENT 1 Location Map i-, I , m r lOL x'7 t { 9 1a{ 9 {• e p A �`' EL Ip -4111 •i �e�g if _�•� -•'y-_ [� n �� �' i �. �•'.te�a. � �I� � =Y � -� W.. .. - - i Y-'•,.:ales..."'• e`� � 'T.k..� .Y..�. i j Y F �Y �' (a lit 1z � m CL lit c .. _ T. 7. ? AN 6 ^ '• - a Z �.� !` d • i,, Carnage R ti 3 `' = 4� dill l - + j aj cif .0 y rn w U U ❑ O �� • ❑ 4O r C U N •� •� m C ° � G U] � 0 0 Q U U U �.fp 'A 1 10 ATTACHMENT 2 Zoning Map 3�a � � �1'1}10�. mod;;" � - - � o � i�o ~` -tl7 2 Il O Q V e'i CL 1p•. Lwow .L tL Li� + hC ..: :lei - jwa— CD Fir- CV arriage Rd m J� 4 d � C U i.. O - ❑ - O • O cC cd L. R. 11 ATTACHMENT 3 Applicant Statement Alas January 31, 2024 — CITY OF IOWA CITY 410 East Washington Street Iowa City Planning and Zoning Commission iotia city, Iowa 52240- 1826 410 E. Washington Street (319) 356-5000 Iowa City, Iowa 52240 (319) 356-5009 FAX 1VWW.ICg0V.org RE: City-Initiated Rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) To the Planning and Zoning Commission: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi-family uses; and 2. Reclassifying community service— long term housing as a residential use. These two changes created some non-conformities for existing uses, including properties newly classified as multi-family and properties with assisted group living uses in Intensive Commercial (CI-1) zones. The purpose of this City-initiated rezoning application is to better align the zoning of several properties near the intersection of Waterfront Drive and Southgate Avenue with their existing uses following these changes.The application would rezone them from CI-1 to Community Commercial (CC-2). The subject properties were identified based on an analysis of properties zoned CI-1 throughout the City. If you have any questions regarding this application, please do not hesitate to reach out. Regards, V 0. VL_____ Kirk Lehmann, AICP Associate Planner Neighborhood and Development Services City of Iowa City 12 ATTACHMENT 4 Good Neighbor Meeting Summary i r Summary Report for *-,—4 Good Neighbor Meeting CITY OF IOWA CITY Project Name: REZ24-0002: CI-1 to CC-2 Project Location: NE of Waterfront Dr&Southgate Ave Meeting Date and Time: January 30, 2024 at 5:30 pm Meeting Location: Dream City, 611 Southgate Ave, Iowa City, IA 52240 Names of Applicant Representatives attending: Kirk Lehmann, Associate Planner Parker Walsh, Associate Planner Names of City Staff Representatives attending: Madison Conley, Associate Planner Number of Neighbors Attending: 2 Sign-In Attached?Yes X No General Comments received regarding project (attach additional sheets if necessary)- Most of the discussion centered around what exactly was happening and why. Questions that were raised included how do non-conformities affect the properties, what zones allow residential uses, what is the zoning of surrounding properties, and what are the next steps in the process. Concerns expressed regarding project (attach additional sheets if necessary) - No concerns were expressed. Will there be any changes made to the proposal based on this input? If so, describe: No. Staff Representative Comments GOOD NEIGHBOR MEETING SIGN-IN SHEET CASE: REZ24-0002 DATE: JANUARY 30, 2024 LOCATION: DREAM CITY, 611 SOUTHGATE AVENUE IOWA CITY, IA 52240 Naas Addrees 13 ATTACHMENT 5 Property Owner Statements Kirk Lehmann From: Marty Stoll <MLS@shuttleworthlaw.com> Sent: Wednesday,January 10, 2024 9:56 AM To: Kirk Lehmann; Mary Beth O'Neill Cc: Anne Russett; Parker Walsh Subject: RE: CI-1 to CC-2 Meeting Follow Up I Rl5K **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Thank you for forwarding this information, Kirk. Four Oaks is supportive of the rezoning in order to allow for future use of the property for group living purposes, even if such residential use is on a short-term or temporary basis. Thank you, Marty f Marty L. Stoll Attorney and Senior Member SHUTTLEWORTH& INGERSOLL, P.L.C. Street: 115 3RD Street SE, Suite 500 Cedar Rapids, Iowa 52401 Mailing: P.O. Box 2107 Cedar Rapids, Iowa 52406-2107 Phone: 319-365-9461 Fax: 319-365-8443 Email MLSgShuttleworthlaw.com Web Site: www.shuttleworthlaw.com LinkedIn Shuffleworth IN GE LL Confidentiality Notice:Since email messages sent between you and Shuttleworth&Ingersoll P.L.0 and its employees are transmitted over the Internet,Shuttleworth& Ingersoll P.L.C. cannot assure that such messages are secure. You should be careful in transmitting information to Shuttleworth&Ingersoll P.L.C.that you consider confidential.If you are uncomfortable with such risks,you may decide not to use email to communicate with Shuttleworth&Ingersoll P.L.C.This message is covered by the Electronic Communication Privacy Act,18 USC Section 2510-2515,is intended only for the use ofthe person to whom it is addressed and may contain information 1 COMMUNITY & FAMILY RESOURCES January 18, 2024 Kirk Lehmann,Associate Planner City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Lehmann, On behalf of Community and Family Resources, I am confirming our agency's support of the re-zoning of our properties at 430 and 436-438 Southgate Avenue, Iowa City, from CI-1 to CC-2 as we discussed. As a local non-profit provider of substance use, mental health, and problem gambling treatment and prevention services, Community and Family Resources is invested in understanding and meeting the needs of our community members.The proposed re-zoning will allow us to pursue plans to accommodate more clients in need within our facility. We appreciate your partnership in advocating for the behavioral health needs of our community. Sincerely, Michelle De La Riva, LMFT, CADC Executive Director Community and Family Resources O211 Avenue M West I Fort Dodge, IA 1 50501 p. 319.688.8000 300 Southgate Ave. I Iowa City, IA 1 52240 O f. 855.312.7679 cfrhelps.org Kirk Lehmann From: Crissy Canganelli <crissy@shelterhouseiowa.org> Sent: Tuesday,January 16, 2024 2:01 PM To: Kirk Lehmann Cc: Anne Russett; Parker Walsh Subject: RE: REZ24-0002: Rezoning Mailings, Signs, and Timeline [ R15i{ **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Kirk, Thank you for the timeline details and I apologize for failing to respond to your original email on this subject. Please accept this as written assurance of Shelter House's support for the City of Iowa City to rezone the properties located at 429 and 501 Southgate from CI-1 to CC-2. Thank you, CRISSY CANGANELLI Executive Director i 7 � 319.338 5416,EXT.305 '� erlssy�shelterhouselowa.org vvwwsh a Ite T h o u se i 6 wa.o rg ' 429 Southgate Avenue;Iowa City.IA522;.0 From: Kirk Lehmann <KLehmann@iowa-city.org> Sent:Tuesday,January 16, 2024 1:17 PM To: Crissy Canganelli <crissy@shelterhouseiowa.org> Cc:Anne Russett<ARussett@iowa-city.org>; Parker Walsh <PWalsh@iowa-city.org> Subject: [External] REZ24-0002: Rezoning Mailings, Signs, and Timeline Hello Crissy, This message is to inform you that mailings will go out and signs will be posted at your properties tomorrow.You will receive a copy of the letter in the mail, but I've also attached it for your convenience. The timeline for public meetings is as follows: 1. Good Neighbor Meeting: A Good Neighbor Meeting will be held on Tuesday,January 30, 2024, at 5:30 p.m. at Dream City, 611 Southgate Avenue in Iowa City.This meeting will provide an opportunity for the public to learn about the requested rezoning and provide informal feedback regarding this proposal. City staff will lead the meeting. A representative of your agency may attend but is not required. 1 MINUTES FINAL PLANNING AND ZONING COMMISSION FEBRUARY 7, 2024 —6:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Mike Hensch, Maria Padron, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maggie Elliott STAFF PRESENT: Liz Craig, Anne Russett, Parker Walsh OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436- 438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEMS: CASE NO. REZ24-0002 Location: 1916 Waterfront Dr, 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, and 501 Southgate Ave A City-initiated application for a rezoning of approximately 4.5 acres of land from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Walsh began the staff report showing the location map of the five properties and also the zoning map. The area is currently zoned CI-1 and it's bordered by CC-2 to the north and then farther to the west and to the east. Walsh noted there are some residential zones to the south. In November 2023 City Council adopted multiple amendments to the zoning code that were intended to improve housing choice, increase housing supply and encourage housing affordability. The amendments also included provisions to address potential fair housing issues. Walsh stated those changes included treating assisted group living uses more consistently with multifamily uses and reclassifying community service long-term housing as a residential use. He also clarified community service long-term housing is no longer a use in the zoning code so the existing properties are now considered multifamily. Since the Code amendments removed residential uses from CI-1 zones and any residential uses that are existing in CI-1 are considered non-conforming. Planning and Zoning Commission February 7, 2024 Page 2 of 7 Regarding the zoning history, as of 1983 the Comprehensive Plan and Zoning Code update turned many of the commercial properties to CI-1 in this area and then gradually over the last 40 or so years this area has evolved from more than just CI-1. The change started in 1994 with the HyVee property to the north and then in 2006 some properties along Boyrum Street and locations just east of HyVee were rezoned to CC-2 to accommodate a HyVee expansion. Also in 2006 properties located north and south of Stevens Drive were rezone CC-2 and the last rezoning in 2006 for this area was along South Gilbert Street and that extended north through Stevens Drive and then along both the west and east side of South Gilbert Street. The properties discussed tonight began establishment in the mid-1990s through the mid-2000s and they have remained CI-1 since they were established. However, during the last 40 years the meaning and the intent of the intensive commercial zone has also changed. When CI-1 was first adopted, multifamily assisted group living and transitional housing were all allowed in CI-1 through special exceptions, and CI-1 was initially an all-encompassing commercial zone. That has changed over time as the zone now focuses more on intensive commercial uses and in 2005 multifamily was removed from an allowable used in a CI-1 zone. Then in 2016 community service long-term housing was added as an allowable use through special exceptions and then in 2023 the City addressed potential fair housing issues by aligning assisted group living and community service long-term housing with other residential uses changing those uses to be no longer allowed in CI-1 zones. The properties are currently zoned Intensive Commercial which is a zone generally focused towards operations typically characterized as outdoor display, repair and sale of large equipment or motor vehicles. Outdoor commercial amusement and retail uses are limited in this zone to provide opportunities for those more intensive commercial uses. Walsh reiterated no residential uses are allowed in CI-1 following the 2023 Zoning Code Amendment. Staff are proposing Community Commercial or CC-2 zone as this zone usually provides areas tended for a variety of retail goods and services, they're usually indoor services with limited outdoor activities. If there are to be outdoor uses in the CC-2 zone they tend to come with approval criteria that include more intense screening or increased setbacks. CC-2 zoning would allow residential uses such as assisted group living and multifamily and without this rezoning these properties could continue operating as legal non-conforming uses, but they would be unable to expand unless they are rezoned or the use changes. Walsh next shared the table that was included in the agenda packet that compared the CC-2 property uses and CI-1 uses. Again, residential uses are only allowed in the CC-2 zone and have all been removed from Intensive Commercial. Some of the more notable Intensive Commercial uses that would not be allowed in Community Commercial include industrial services, heavy manufacturing, warehouse and freight movement and wholesales. There are still some uses allowed in CC-2 that may be seen as more intensive, but these are generally provisional uses that would require increased screening or increased buffers to maintain compatible to the neighborhoods. Staff did prepare an analysis to summarize the existing non-conforming uses in detail of what will change as part of this rezoning. The CC-2 zone would better align the zoning with the existing land uses and compatible development. While the sites may continue to operate as legal nonconformities in the CI-1 without this rezoning there are zoning code standards that would prohibit any redevelopment, expansion or alterations under the existing uses. Planning and Zoning Commission February 7, 2024 Page 3 of 7 Walsh next reviewed the individual properties included in this rezoning. The 501 Southgate Avenue property is a multifamily use, 429 Southgate is a community service use, 436 and 438 Southgate are multifamily with ground floor offices, 430 Southgate is assisted group living and then the last property of the subject rezoning is 1916 Waterfront Drive which is general community service and medical offices. The 1916 Waterfront Drive property is bordered to the north by HyVee, to the east with Plumb Supply Company and to the west with Fiddlehead Gardens and an auto repair shop. 1916 Waterfront Drive is the Four Oaks property and they received a special exception to establish a group care facility, which is now referred to as assisted group living but the property is no longer used for assisted group living. The property owners shared that the existing use is now general community service and medical office, and both of those existing uses would be permitted under the CC-2 zone. However, if it were to remain CI-1 and they wanted to have an expansion it would require another special exception for that general community service use and if they wanted to reestablish the assisted living use they could do so in a CC-2 zone provisionally. 430 Southgate Avenue is the Community & Family Resources property. They received a special exception in 1985 for assisted group living so this is currently a legal non-conforming property following the 2023 Zoning Code Amendment, but associate group living would be allowed in the CC-2 zone. 436 - 438 Southgate are another Community & Family Resource property. The existing uses are multifamily with ground floor office, and multifamily has not been allowed in CI-1 since 2005 so the property is a legal non-conforming use right now but again if rezoned these uses would be allowed provisionally and the multifamily wouldn't be additional non-conforming concerns as it is located above the ground floor. 429 Southgate Avenue is the Shelter House property and they received a special exception in 2004 for community service shelter with up to 70 temporary residents. The community service shelter requires a special exception in both CI-1 and CC-2 so they could continue to operate in either zone as it's already been legally established. 501 Southgate is another Shelter House property that received a special exception in 2020 for community service long-term use. As mentioned, this use no longer exists in the Zoning Code following the 2023 Zoning Code Amendment and it's now referred to as multifamily. So, the existing uses on the site would be multifamily with accessory supportive services. Multifamily again is not allowed in CI-1 and it would be allowed provisionally or through a special exception in CC-2 and that just depends on where the multifamily would be located, if on the ground floor it requires a special exception, above the ground floor staff can approve it provisionally. Currently the site has 36 one-bedroom units so it does exceed the maximum density allowed in CC-2 and therefore would remain a legal non-conforming use. Walsh noted the rezoning wouldn't resolve all of the non-conformities, but the site could continue to operate as a legal non-conforming use. Walsh stated the Comprehensive Plan identifies the properties suitable for General Commercial and Intensive Commercial with specific land use goals that include transitions between residential and intensive commercial uses to promote long-term healthy neighborhoods. There are also specific neighborhood design principles, such as buffering residential development from Planning and Zoning Commission February 7, 2024 Page 4 of 7 incompatible uses. The South District Plan also identifies this area as commercial and encourages mixed use residential development with commercial areas to achieve goals of long- term neighborhoods with strong health and appeal. By rezoning the CI-1 to CC-2 the development aligns more with the Comprehensive Plan and the South District Plan's vision for commercial areas as they would allow residential uses mixed in with commercial uses. Also the existing uses become more compatible with zoning designation and any potential redevelopment. The rezoning would maintain the existing transition of uses to the single family to the south followed by multifamily and office uses and then more multifamily and office across the north of Southgate with assisted group living and then general community service and offices at 1916 Waterfront followed by the commercial area of HyVee to the north. The surrounding properties may require increased screening if they were to be redeveloped in the future as there are existing residential uses in the area. Walsh stated the rezoning to CC-2 will restore the existing uses to conforming use status. Additionally, given the existing development in the area rezoning a CC-2 would create a more compatible neighborhood as envisioned in the Comprehensive Plan while emphasizing buffers between incompatible uses. Rezoning to CC-2 also removes the potential for development of some of those more incompatible or more intensive commercial uses that would be allowed in CI-1 zones. Staff recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). Following the recommendation from the Commission, the anticipated timeline would be February 20 Council sets public hearing and first consideration for March 19. Hensch asked why the not for profit located east of this area, an assisted group living, was that not included in the rezoning. Russett stated that nonprofit operates the community service shelter use which is allowed in the CI-1 zone and the text amendment didn't create any non- conforming situations for that nonprofit. Wade asked when a property is rezoned what happens to the special exceptions that have been granted to the property such as the parking reduction permitted at 430 Southgate, does that remain. Russett explained the special exceptions still exist and would still be applied to the property. The rezoning doesn't affect the special exceptions. Hensch opened the public hearing. Seeing no one come forward Hensch closed the public hearing. Townsend moved to recommend approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). Wade seconded the motion. Planning and Zoning Commission February 7, 2024 Page 5 of 7 Townsend stated it just looks like it should happen as that whole area is commercial and to add the assisted living sections they already have those type of facilities there so to add the addition makes sense. Wade added with the changes that they made back in November of this year they need to realign the zoning to match the use so it makes sense. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: JANUARY 17, 2024: Craig moved to approve the meeting minutes from January 17, 2024. Townsend seconded the motion, a vote was taken and the motion passed 6-0. ELECTION OF OFFICERS: Motion by Townsend for Hensch to be chair. Wade seconded the motion. A vote was taken and the motion passed 6-0. Motion by Townsend for Craig to be vice chair. Padron seconded the motion. A vote was taken and the motion passed 6-0. Motion by Craig for Townsend to be secretary. Wade seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett reported that the Moss Ridge Road rezoning was approved at Council last night. Hensch asked if anyone was still working in the Pearson building or if they were all working from home now. Russett stated the property was for sale but she is not sure if it's vacant or not. Craig noted the Historic Preservation Commission is having a hearing on the status of the Pagliais building and assuming that they do something official there does that ever come to Planning & Zoning. Russett replied that yes, it would be a rezoning so after the Historic Preservation Commission votes tomorrow night it'll be on the next Planning & Zoning agenda. Craig asked if they can actually rezone something even if the owner doesn't want it to happen. Russett replied that is correct however the property owner hasn't said if they oppose it or support it, so it's unknown at this time. Russett noted if a property owner does not want the rezoning they can always formally protest the rezoning through a protest petition and then Council has to approve it by a super majority. Craig noted on Dubuque Street off the interstate there is a big sign there now listing the area for Planning and Zoning Commission February 7, 2024 Page 6 of 7 sale or available for development, so apparently the development that was proposed after mobile park residents relocated never happened so what is the status. Russett confirmed the property has been sold but the City hasn't received any applications for development. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 6-0. N X - X X X X X -- X XXXX ; X X T N LU LU X X X X X X T N X X X w X ; X X T O oo X XXXX ; X X T T o ox xxxx xx T �_ I Q x x x x x 1 x x T -- X xxxx , xx Z c 1 O cn x xxx wx� C I I O EO OU V W -- LU X X X w ; ; X X N ti O I 1 Z W N Z Z M O N X X - X X X ,S z C� LU Z Q - X XXX ; ; X X Z Q a T' X xxx xx I 1 Lx xx x x x � x ' M X X X X ; - X X r X X X X O X X N L - x x x x ; xoo U -0 T I x E W c(1) N (6 W J N � O � Q Z Q fn JLU d Q II II Q Y Q fn p Q W II II W i v=i = ZOO W U QU -1 O vi Cl) ui Q zi z p a W 10 Z 3 p c�> LumCL0 0 � Prepared by: Parker Walsh,Associate Planner,410 E.Washington Street, Iowa City, IA 52240; (REZ24-0002) Ordinance No. Ordinance rezoning approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial (CI-1 ) Zone to Community Commercial (CC- 2) Zone (REZ24-0002). Whereas, the City has requested a rezoning of approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2); and Whereas, the Comprehensive Plan indicates that the subject properties are appropriate for General Commercial and Intensive Commercial and that the Future Land Use Map shall be used as a general guide for development of land within Iowa City in addition to District Plans and neighborhood design principles; and Whereas, the South District Plan identifies the subject properties as appropriate for Commercial to provide the opportunity for a large variety of uses that serve a major segment of the community and establishes goals to ensuring that commercial areas and uses contribute to the long-term vitality and appeal of adjacent neighborhoods by exploring the potential for mixed use, residential, or institutional uses; and Whereas, the neighborhood design principles of the Comprehensive Plan encourage buffering residential development from incompatible uses and emphasize the importance of providing sufficient buffers to assure the long-term livability of neighborhoods; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified Community Commercial Zone (CC-2); Lots 13, 14, 15, and 16, Block 5 and Lots 1 and 2, Block 7 of Braverman Center, an addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa; except Auditor's Parcel #2014005, a portion of Lot 1, Block 7 of Braverman Center, an addition to Iowa City, as shown on Plat of Survey recorded in Book 58, Page 135, Plat Records of Johnson County, Iowa. Section II. Zoning Map. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance as provided by law. Ordinance No. Page 2 Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2024. Mayor Attest: City Clerk Approved by City Attorney's Office Item Number: 11.a. CITY OF IOWA CITY COUNCIL ACTION REPORT March 19, 2024 Ordinance rezoning approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone (REZ24-0002). Attachments: Staff Report with Attachments PZ 2.7.24 minutes Ordinance STAFF REPORT To: Planning and Zoning Commission Item: REZ24-0002 GENERAL INFORMATION: Applicant Owners: Requested Action: Purpose: Location: Location Map: Prepared by: Parker Walsh, Associate Planner Date: February 7, 2024 City of Iowa City 410 E Washington St Iowa City, IA 52240 Shelter House PO Box 3146 Iowa City, IA 52244 Community & Family Resources 211 Avenue M West Fort Dodge, IA 50501 Youth Homes, Inc. 1916 Waterfront Drive Iowa City, IA 52240 City initiated rezoning of approximately 4.5 acres of land from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2) To align existing uses with compatible zones following the recent City Zoning Code amendment 1916 Waterfront Drive, 429 Southgate Avenue, 430 Southgate Avenue, 436-438 Southgate Avenue, and 501 Southgate Avenue Size: 4.5 acres Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: Intensive Commercial Zone (CI-1) North: Community Commercial Zone (CC-2) South: High Density Single Family Residential with a Planned Development Overlay (OPD/RS-12) East: Intensive Commercial Zone (CI-1) West: Intensive Commercial Zone (CI-1) General Commercial and Intensive Commercial South District Plan: Commercial S1 Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. Rezoning signs were posted on the properties on 1/17/24. January 4, 2024 February 18, 2024 BACKGROUND INFORMATION: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi -family uses; and 2. Reclassifying community service — long term housing as a residential use. These two changes created some non -conformities for existing uses, specifically by reclassifying existing community service -long term housing as multi -family and no longer allowing assisted group living uses in Intensive Commercial (CI-1) zones. The purpose of this city -initiated rezoning application is to rezone several properties near the intersection of Waterfront Drive and Southgate Avenue currently zoned CI-1 to Community Commercial (CC-2) to better align their zoning with their existing uses following these recent zoning code changes. No changes to existing uses are proposed as part of this application. Staff met with all property owners. All property owners have expressed their support for the rezoning in writing (Attachment 4). A Good Neighbor Meeting was held on January 30, 2024, which was attended by staff and two others from the community. The summary of this meeting is available in Attachment 4. 3 ANALYSIS: The subject properties are all part of the Braverman Center Lot 2 of Block 1 and Blocks 5, 6, and 7 subdivision. They were zoned Intensive Commercial (CI-1) on December 20, 1983 as part of the comprehensive rezoning of the City with the adoption of the 1983 zoning code update. The surrounding properties were also zoned CI-1 as part of this comprehensive rezoning. Prior to that, the subject properties were zoned Light Industrial (M1). This area has gradually changed over the past 40 years. Commercial uses along the highway began to spread further south as additional residential development continued to occur in the South District. In 1994 (Ord. 94-3653), the HyVee property to the north was rezoned to Community Commercial (CC-2). The nonprofit uses currently occupying the subject properties began establishing themselves in the area in the late 1990s through the mid-2000s. In addition, CC-2 zoning continued to expand, especially in 2006 when CC-2 zoning extended down Boyrum Street (Ord. 06-4211 and Ord. 06-4223), S. Gilbert Street (Ord. 06-4224), and along Stevens Drive (Ord. 06-4240). In 2018, the County purchased and rezoned land to the west to establish the GuideLink Center, which offers urgent mental health and substance use services. While there are still many uses consistent with the CI-1 zoning designation nearby, further expansion of the CC-2 zone to the subject properties makes sense given the existing land uses. At the same time, the meaning of CI-1 zoning designation has also changed over time. When it was first adopted in 1983, multi -family, group care facilities (now called assisted group living), and transitional housing uses were allowed by special exception in the CI-1 zone. However, in 2005, the zoning changed such that multi -family uses were no longer allowed; however assisted group living and community service — shelter uses continued to be allowed in the CI-1 zone. Community service — long term housing was added as an institutional use category in 2016, which was also allowed by special exception in CI-1 zones. Overtime the CI-1 zone has gone from an all - encompassing commercial zone to being focused more towards intensive commercial development. Due to residential uses being removed over the years, and the primary intent of the CI-1 zone changing, staff felt it was necessary to remove the remaining residential uses from the zone as they were incompatible. The 2023 zoning code text amendments related to housing addressed potential fair housing issues by aligning assisted group living and community service — long term housing with other residential uses. This led to the removal of assisted group living and community service — long term housing as an allowable use in the CI-1 zone because other residential uses were also prohibited. The 2023 zoning code text amendments also simplified the process by which assisted group living is allowed in CC-2 through by removing the need for a special exception. The City is initiating this rezoning because the zoning code text amendments adopted on November 6, 2023, no longer allow other uses similar to residential uses in CI-1 zones, which resulted in the creation of several legal nonconforming uses on the subject properties. It is important to correct this issue as nonconforming uses are not allowed to be enlarged or altered in such a way that would be considered an expansion of a nonconforming use. This may limit or prohibit any future development under the existing uses. Current Zoning: The subject properties are currently zoned Intensive Commercial (CI-1). The purpose of CI-1 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 W adjacent residential zones. With the 2023 zoning code text amendment, no residential uses are allowed in a CI-1 zone. This change is intended to remove residential uses from a zone that typically utilizes more intense uses that are not compatible with residential. Proposed Zoning: The request is to rezone the subject properties from the existing CI-1 to Community Commercial (CC-2) zone. The purpose of CC-2 is to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators requiring access from major thoroughfares. While these centers are usually characterized by indoor operations, uses may have limited outdoor activities; provided, that outdoor operations are screened or buffered to remain compatible with surrounding uses. The CC-2 zone would make the existing assisted living uses conforming, allowing for potential expansions and other site renovations. Without the rezoning, the existing properties would continue as legal nonconformities, but be unable to expand until rezoned. The CC-2 zone would also be continuous with CC-2 zoned property to the north. Table 1 below outlines a comparison of the uses allowed in the existing CI-1 zone and the proposed CC-2 zone. Table 1: Uses Allowed in Commercial Zones Uses Categories Community Commercial Intensive Commercial Residential—AssistedGrou Living PR Residential — Group Household PR Residential — Multi -Family PR/S Adult Business PR Animal Related Commercial — General PR PR Animal Related Commercial — Intensive PR Building Trade Uses PR P Commercial Recreation — Indoor P P Commercial Recreation — Outdoor S P Drinking Establishments PR PR Eating Establishments P P Office - General P P Office — Medical/Dental P P Quick Vehicle Servicing PR/S PR/S Retail —Alcohol Sales P P Retail — Delayed Deposit PR Retail — Hospitality P P Outdoor Storage and Display PR P Retail — Personal Service P P Retail — Repair P P Retail — Sales P P Surface Passenger Service P P Vehicle Repair S PR Industrial Service P General Manufacturing PR PR Heavy Manufacturing S Technical/Light Manufacturing PR PR Self Service Storage S P Warehouse & Freight Movement P Wholesale Sales P Basic Utility PR/S PR/S Community Service — Shelter S S General Community Service P S Daycare PR PR General Education S Specialized Education P S Parks and Open Space PR Religious/Private Group Assembly P P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P = Permitted, PR = Provisional, S = Special Exception, - Not Allowed Property Analysis: Staff prepared an analysis of the properties to summarize existing nonconforming uses and detail what would change due to the proposed rezoning. The proposed rezoning would better align the zoning with the existing land uses and compatible development. The subject properties may continue to use the sites as currently established, regardless of the nonconforming use. However, according to 14-4E-5 of the City Code, any future redevelopment, expansions, or alterations of the subject properties may be prohibited if they are considered expansions of the nonconforming use. The purpose of the analysis is to determine if the CC-2 zone is a compatible alternative that would not create additional nonconforming use issues that would limit any future development of the existing properties. Any future development activity on the subject properties would require a site plan, which may uncover additional Code compliance concerns that would need to be satisfied as part of the site plan review process. A nonconforming analysis of the properties is below. 1916 Waterfront Dr: Four Oaks A special exception was granted in order to establish and expand a group care facility use (now called assisted group living) to allow 24 roomers. Today, the property is no longer used for assisted group living. It is primarily a general community service use with medical offices. • If the property were to remain zoned CI-1 a special exception would be required to expand the general community service use and assisted group living would not be allowed. Both uses are allowed provisionally in the proposed CC-2 zone. 430 Southgate Ave: Community & Family Resources • The current uses for the property include assisted group living which received a special exception in 1985 and general office. While assisted group living is no longer allowed in CI-1 zones. both uses are allowed in CC-2. • The property received a parking reduction through a special exception in 2000 that required 84 spaces between this property and 436-438 Southgate Ave; together, these parcels constitute a single tract. 436 - 438 Southgate Ave: Community & Family Resources • The current uses for the property include multi -family and ground floor office. Multi -family has not been allowed in CI-1 zones since at least 2005. This is currently an established legal nonconforming use in CI-1. • In the CC-2 zone multi -family uses above the ground floor are allowed provisionally. Because this constitutes a tract with 430 Southgate Ave, the multi -family uses meet current dwelling unit density standards. 429 Southgate Ave: Shelter House • In 2004 the property owner received a special exception to establish a community service — shelter use for up to 70 temporary residents. This use requires a special exception in both CI-1 and CC-2 zones. This use was legally established and could continue to operate under the existing special exception. 501 Southgate Ave: Shelter House • In 2020, this property received a special exception to establish a community service — long term housing use, but the 2023 zoning code text amendment eliminated it as a use type. • The use is now classified as multi -family with accessory supportive services. The multi- family use is not allowed in the CI-1 zone, but it is allowed in CC-2 zones either provisionally or by special exception. • The property currently has 36 one -bedroom units, which is more than the maximum density allowed in CC-2 zones. As such, the proposed rezoning would bring the site into greater compliance with the zoning code, though it would still be considered a nonconforming use due to density. However, its current use may continue to operate as a legal nonconforming use. • Due to the reclassification in use to multi -family, the parking ratio has changed, which leads to a nonconforming situation. The property currently has 30 spaces instead of 36 spaces as would be required under its new land use category. However, all units are affordable, which would no longer require parking under the 2023 zoning code text amendments if the owner entered into an affordable housing agreement. Although this is not required of the owner, it is an option that could bring the parking into compliance with current standards. Regardless, the use can continue to operate as -is. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 7 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject properties as suitable for General Commercial and Intensive Commercial land uses. The Comprehensive Plan also states that "in addition to the District Plans, the neighborhood design principles should be considered when interpreting the land use map". The Comprehensive Plan goes on to state, "use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of the present and future population". The neighborhood design principle Buffer Residential Development from Incompatible Uses emphasizes the importance of providing sufficient buffers to assure the long-term livability of neighborhoods. Although many of the allowed uses in CC-2 are similar to those in CI-1, many of the more intensive uses are provisional with approval criteria such as higher intensity screening to maintain a buffer. The land use chapter of the Comprehensive Plan includes a strategy to, "Plan for appropriate transitions between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhood". Currently, the properties south of Southgate Ave abut existing residential to the south. The South District Plan Future Land Use Map designates the subject properties as Commercial to provide the opportunity for a large variety of uses that serve a major segment of the community. Similar to the IC2030 plan, the South District Plan emphasizes the importance of the neighborhood design principles, specifically, to buffer residential development from incompatible uses to help ensure the long-term livability of neighborhoods. Goal 4 of the South District Plan Commercial Area — Goals and Objectives states "ensuring that commercial areas and uses contribute to the long term vitality and appeal of adjacent neighborhoods". The objectives to achieve this goal go on to state "Explore the potential for mixed use, residential, or institutional uses. Any proposed rezoning of this area should be scrutinized to ensure that new development contributes to the overall health of the surrounding neighborhood, including nearby residential uses". Although no new development is planned with this rezoning, the existing residential uses in the area are noted in the Plan as desirable to promote a long term healthy neighborhood. The CC-2 zone would allow these residential uses, while also removing the ability to develop some incompatible uses allowed in CI-1. CC-2 also puts a greater emphasis on buffering incompatible uses through increased screening and setback standards, which will further contribute to the overall health and neighborhood compatibility of existing and future development in the area. Compatibility with Existing Neighborhood Character: The rezoning would bring the existing land uses more in conformance with the zoning code, while also allowing for future redevelopment to uses that more closely fit with the Comprehensive Plan's vision. Rezoning to CC-2 is more compatible with the existing residential H uses to the south. The existing land uses also provide the transition envisioned in the Comprehensive Plan. Specifically, the land uses transition from high density single family manufactured housing park, to multi -family and assisted group living uses, to community service and medical office, and finally into the HyVee commercial area to the north. See Figure 1. Directly to the east of the subject properties is Plumb Supply Company, a plumbing supply store with outdoor storage. Directly to the west, across Waterfront Dr., is Ruiz Auto Repair and Fiddlehead Gardens, both with outdoor storage. The outdoor storage uses are generally less compatible with the existing residential uses. However, if these properties redevelop in the future, additional screening may be required to buffer the residential uses, as well as screening of the outdoor storage areas from adjacent properties. A rezoning of the subject properties to CC-2 would ensure that the existing properties are conforming, while also allowing future commercial redevelopment that would remain compatible with the surrounding CI-1 uses. SUMMARY: In summary, Staff initiated and supports the rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2). Rezoning to CC-2 would restore the existing uses to conforming use status. Additionally, given the existing development in the area, the rezoning to CC-2 would create a more compatible neighborhood envisioned in the Comprehensive Plan as the zone emphasizes buffers between incompatible uses, while also removing the ability to develop some incompatible uses allowed in CI-1. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Good Neighbor Meeting Summary 5. Property Owner Statements Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map 10 ATTACHMENT 2 Zoning Map N W. s 0 0.03 0.06 REZ24-0002 0.11 Miles City -Initiated CI-1 to CC-2 Rezoning Prepared By: Melanie Comer Date Prepared: December 2023 tiff, R w r } ■ ■ • '. - ■ ■ .. 40 Aft I •Erna# - ■ ■ X. ft 0 11 ATTACHMENT 3 Applicant Statement January 31, 2024 CITY OF IOWA CITY 410 East Washington Street Iowa City Planning and Zoning Commission Iowa City. Iowa 52240- 1826 410 E. Washington Street (3 1 9) 356-5000 Iowa City, Iowa 52240 (319) 356-5009 FAX WW1VJCgov.0rg RE: City -Initiated Rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) To the Planning and Zoning Commission: On November 6, 2023, Iowa City City Council adopted multiple amendments to the text of the Zoning Code (Ordinance 23-4914) to improve housing choice, increase housing supply, and encourage housing affordability. The amendments also included several provisions to address potential fair housing issues. Changes included: 1. Treating assisted group living uses more consistently with multi -family uses; and 2. Reclassifying community service — long term housing as a residential use. These two changes created some non -conformities for existing uses, including properties newly classified as multi -family and properties with assisted group living uses in Intensive Commercial (CI-1) zones. The purpose of this City -initiated rezoning application is to better align the zoning of several properties near the intersection of Waterfront Drive and Southgate Avenue with their existing uses following these changes. The application would rezone them from CI-1 to Community Commercial (CC-2). The subject properties were identified based on an analysis of properties zoned CI-1 throughout the City. If you have any questions regarding this application, please do not hesitate to reach out. Regards, Kirk Lehmann. AICP Associate Planner Neighborhood and Development Services City of Iowa City 12 ATTACHMENT 4 Good Neighbor Meeting Summary Summary Report for Good Neighbor Meeting Project Name: REZ24-0002: CI-1 to CC-2 Meeting Date and Time: ,January 30, 2024 at 5:30 pm t t - I OEM� CITY OF IOWA CITY Location: NE of Waterfront or & Southgate Ave Meeting Location: Dream City, 611 Southgate Ave, Iowa City, IA 52240 Names of Applicant Representatives attending: Kirk Lehmann, Associate Planner Parker Walsh, Associate Planner Names of City Staff Representatives attending: Madison Conley, Associate Planner Number of Neighbors Attending: 2 Sign -In Attached? Yes X No General Comments received regarding project (attach additional sheets if necessary) Most of the discussion centered around what exactly was happening and why. Questions that were raised included how do non -conformities affect the properties, what zones allow residential uses, what is the zoning of surrounding properties, and what are the next steps in the process. Concerns expressed regarding project (attach additional sheets if necessary) - No concerns were expressed. Will there be any changes made to the proposal based on this input? If so, describe: No. Staff Representative Comments GOOD NEIGHBOR MEETING SIGN -IN SHEET CASE: REZ24-0002 DATE: JANUARY 30, 2024 LOCATION: DREAM CITY, 611 SOUTHGATE AVENUE IOWA CITY, IA 52240 Name WL-S iiynlAJ uum 13 ATTACHMENT 5 Property Owner Statements Kirk Lehmann From: Marty Stoll <MLS@shuttleworthlaw.com> Sent: Wednesday, January 10, 2024 9:56 AM To: Kirk Lehmann; Mary Beth O'Neill Cc: Anne Russett; Parker Walsh Subject: RE: 0-1 to CC-2 Meeting Follow Up A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Thank you for forwarding this information, Kirk. Four Oaks is supportive of the rezoning in order to allow for future use of the property for group living purposes, even if such residential use is on a short-term or temporary basis. Thank you, Marty Marty L. Stoll Attorney and Senior Member SHUTTLEWORTH & INGERSOLL, P.L.C. Street: 115 3P'D Street SE, Suite 500 Cedar Rapids, Iowa 52401 Mailing: P.O. Box 2107 Cedar Rapids, Iowa 52406-2107 Phone: 319-365-9461 Fax: 319-365-8443 Email: MLS Shuttleworthlaw.com Web Site: www.shuttleworthlaw.com Linkedhi Shuttleworth & INGERSOLL :1'1"I OItN I:YS :VL I.:I%V • I:tiE VM,1SI ll:l) 1854 Confidentiality Notice: Since email messages sent between you and Shuttleworth & Ingersoll P.L.0 and its employees are transmitted over the Internet, Shuttleworth & Ingersoll P.L.C. cannot assure that such messages are secure. You should be careful in transmitting information to Shuttleworth & Ingersoll P.L.C. that you consider confidential. If you are uncomfortable with such risks, you may decide not to use email to communicate with Shuttleworth & Ingersoll P.L.C. This message is covered by the Electronic Communication Privacy Act, 18 USC Section 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information COMMUNITY & FAMILY RESOURCES 14�, FV--.d-k, &,b,"„ uuv&4 January 18, 2024 Kirk Lehmann, Associate Planner City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mr. Lehmann, On behalf of Community and Family Resources, I am confirming our agency's support of the re -zoning of our properties at 430 and 436-438 Southgate Avenue, Iowa City, from CI-1 to CC-2 as we discussed. As a local non-profit provider of substance use, mental health, and problem gambling treatment and prevention services, Community and Family Resources is invested in understanding and meeting the needs of our community members. The proposed re -zoning will allow us to pursue plans to accommodate more clients in need within our facility. We appreciate your partnership in advocating for the behavioral health needs of our community. Sincerely, Michelle De La Riva, LMFT, CADC Executive Director Community and Family Resources O211 Avenue M West I Fort Dodge, IA 150501 O p. 319.688.8000 300 Southgate Ave. I Iowa City, IA 152240 f. 855.312.7679 cfrhelps.org Kirk Lehmann From: Crissy Canganelli <crissy@shelterhouseiowa.org> Sent: Tuesday, January 16, 2024 2:01 PM To: Kirk Lehmann Cc: Anne Russett; Parker Walsh Subject: RE: REZ24-0002: Rezoning Mailings, Signs, and Timeline A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Hello Kirk, Thank you for the timeline details and I apologize for failing to respond to your original email on this subject. Please accept this as written assurance of Shelter House's support for the City of Iowa City to rezone the properties located at 429 and 501 Southgate from CI-1 to CC-2. Thank you, CRISSY C A NTGANELLI Executive Director 313,338 tG Ek1.3 5 cdssy®sneRerhousalowa,org wwwsheherM1o�seiowa.org ©4N9 hgMe Avnur,b aCity IAS2 O From: Kirk Lehmann <KLehmann@iowa-city.org> Sent: Tuesday, January 16, 2024 1:17 PM To: Crissy Canganelli <crissy@shelterhouseiowa.org> Cc: Anne Russett <ARussett@iowa-city.org>; Parker Walsh <PWalsh@iowa-city.org> Subject: [External] REZ24-0002: Rezoning Mailings, Signs, and Timeline Hello Crissy, This message is to inform you that mailings will go out and signs will be posted at your properties tomorrow. You will receive a copy of the letter in the mail, but I've also attached it for your convenience. The timeline for public meetings is as follows: Good Neighbor Meeting: A Good Neighbor Meeting will be held on Tuesday, January 30, 2024, at 5:30 p.m. at Dream City, 611 Southgate Avenue in Iowa City. This meeting will provide an opportunity for the public to learn about the requested rezoning and provide informal feedback regarding this proposal. City staff will lead the meeting. A representative of your agency may attend but is not required. MINUTES FINAL PLANNING AND ZONING COMMISSION FEBRUARY 7, 2024-6:OOPM—FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Mike Hensch, Maria Padron, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Maggie Elliott STAFF PRESENT: Liz Craig, Anne Russett, Parker Walsh OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436- 438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEMS CASE NO. REZ24-0002 Location: 1916 Waterfront Dr, 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, and 501 Southgate Ave A City -initiated application for a rezoning of approximately 4.5 acres of land from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Walsh began the staff report showing the location map of the five properties and also the zoning map. The area is currently zoned CI-1 and it's bordered by CC-2 to the north and then farther to the west and to the east. Walsh noted there are some residential zones to the south. In November 2023 City Council adopted multiple amendments to the zoning code that were intended to improve housing choice, increase housing supply and encourage housing affordability. The amendments also included provisions to address potential fair housing issues. Walsh stated those changes included treating assisted group living uses more consistently with multifamily uses and reclassifying community service long-term housing as a residential use. He also clarified community service long-term housing is no longer a use in the zoning code so the existing properties are now considered multifamily. Since the Code amendments removed residential uses from CI-1 zones and any residential uses that are existing in CI-1 are considered non -conforming. Planning and Zoning Commission February 7, 2024 Page 2 of 7 Regarding the zoning history, as of 1983 the Comprehensive Plan and Zoning Code update turned many of the commercial properties to CI-1 in this area and then gradually over the last 40 or so years this area has evolved from more than just CI-1. The change started in 1994 with the HyVee property to the north and then in 2006 some properties along Boyrum Street and locations just east of HyVee were rezoned to CC-2 to accommodate a HyVee expansion. Also in 2006 properties located north and south of Stevens Drive were rezone CC-2 and the last rezoning in 2006 for this area was along South Gilbert Street and that extended north through Stevens Drive and then along both the west and east side of South Gilbert Street. The properties discussed tonight began establishment in the mid-1990s through the mid-2000s and they have remained CI-1 since they were established. However, during the last 40 years the meaning and the intent of the intensive commercial zone has also changed. When CI-1 was first adopted, multifamily assisted group living and transitional housing were all allowed in CI-1 through special exceptions, and CI-1 was initially an all -encompassing commercial zone. That has changed over time as the zone now focuses more on intensive commercial uses and in 2005 multifamily was removed from an allowable used in a CI-1 zone. Then in 2016 community service long-term housing was added as an allowable use through special exceptions and then in 2023 the City addressed potential fair housing issues by aligning assisted group living and community service long-term housing with other residential uses changing those uses to be no longer allowed in CI-1 zones. The properties are currently zoned Intensive Commercial which is a zone generally focused towards operations typically characterized as outdoor display, repair and sale of large equipment or motor vehicles. Outdoor commercial amusement and retail uses are limited in this zone to provide opportunities for those more intensive commercial uses. Walsh reiterated no residential uses are allowed in CI-1 following the 2023 Zoning Code Amendment. Staff are proposing Community Commercial or CC-2 zone as this zone usually provides areas tended for a variety of retail goods and services, they're usually indoor services with limited outdoor activities. If there are to be outdoor uses in the CC-2 zone they tend to come with approval criteria that include more intense screening or increased setbacks. CC-2 zoning would allow residential uses such as assisted group living and multifamily and without this rezoning these properties could continue operating as legal non -conforming uses, but they would be unable to expand unless they are rezoned or the use changes. Walsh next shared the table that was included in the agenda packet that compared the CC-2 property uses and CI-1 uses. Again, residential uses are only allowed in the CC-2 zone and have all been removed from Intensive Commercial. Some of the more notable Intensive Commercial uses that would not be allowed in Community Commercial include industrial services, heavy manufacturing, warehouse and freight movement and wholesales. There are still some uses allowed in CC-2 that may be seen as more intensive, but these are generally provisional uses that would require increased screening or increased buffers to maintain compatible to the neighborhoods. Staff did prepare an analysis to summarize the existing non -conforming uses in detail of what will change as part of this rezoning. The CC-2 zone would better align the zoning with the existing land uses and compatible development. While the sites may continue to operate as legal nonconformities in the CI-1 without this rezoning there are zoning code standards that would prohibit any redevelopment, expansion or alterations under the existing uses. Planning and Zoning Commission February 7, 2024 Page 3 of 7 Walsh next reviewed the individual properties included in this rezoning. The 501 Southgate Avenue property is a multifamily use, 429 Southgate is a community service use, 436 and 438 Southgate are multifamily with ground floor offices, 430 Southgate is assisted group living and then the last property of the subject rezoning is 1916 Waterfront Drive which is general community service and medical offices. The 1916 Waterfront Drive property is bordered to the north by HyVee, to the east with Plumb Supply Company and to the west with Fiddlehead Gardens and an auto repair shop. 1916 Waterfront Drive is the Four Oaks property and they received a special exception to establish a group care facility, which is now referred to as assisted group living but the property is no longer used for assisted group living. The property owners shared that the existing use is now general community service and medical office, and both of those existing uses would be permitted under the CC-2 zone. However, if it were to remain CI-1 and they wanted to have an expansion it would require another special exception for that general community service use and if they wanted to reestablish the assisted living use they could do so in a CC-2 zone provisionally. 430 Southgate Avenue is the Community & Family Resources property. They received a specia exception in 1985 for assisted group living so this is currently a legal non -conforming property following the 2023 Zoning Code Amendment, but associate group living would be allowed in the CC-2 zone. 436 - 438 Southgate are another Community & Family Resource property. The existing uses are multifamily with ground floor office, and multifamily has not been allowed in CI-1 since 2005 so the property is a legal non -conforming use right now but again if rezoned these uses would be allowed provisionally and the multifamily wouldn't be additional non -conforming concerns as it is located above the ground floor. 429 Southgate Avenue is the Shelter House property and they received a special exception in 2004 for community service shelter with up to 70 temporary residents. The community service shelter requires a special exception in both CI-1 and CC-2 so they could continue to operate in either zone as it's already been legally established. 501 Southgate is another Shelter House property that received a special exception in 2020 for community service long-term use. As mentioned, this use no longer exists in the Zoning Code following the 2023 Zoning Code Amendment and it's now referred to as multifamily. So, the existing uses on the site would be multifamily with accessory supportive services. Multifamily again is not allowed in CI-1 and it would be allowed provisionally or through a special exception in CC-2 and that just depends on where the multifamily would be located, if on the ground floor it requires a special exception, above the ground floor staff can approve it provisionally. Currently the site has 36 one -bedroom units so it does exceed the maximum density allowed in CC-2 and therefore would remain a legal non -conforming use. Walsh noted the rezoning wouldn't resolve all of the non -conformities, but the site could continue to operate as a legal non -conforming use. Walsh stated the Comprehensive Plan identifies the properties suitable for General Commercial and Intensive Commercial with specific land use goals that include transitions between residential and intensive commercial uses to promote long-term healthy neighborhoods. There are also specific neighborhood design principles, such as buffering residential development from Planning and Zoning Commission February 7, 2024 Page 4 of 7 incompatible uses. The South District Plan also identifies this area as commercial and encourages mixed use residential development with commercial areas to achieve goals of long- term neighborhoods with strong health and appeal. By rezoning the CI-1 to CC-2 the development aligns more with the Comprehensive Plan and the South District Plan's vision for commercial areas as they would allow residential uses mixed in with commercial uses. Also the existing uses become more compatible with zoning designation and any potential redevelopment. The rezoning would maintain the existing transition of uses to the single family to the south followed by multifamily and office uses and then more multifamily and office across the north of Southgate with assisted group living and then general community service and offices at 1916 Waterfront followed by the commercial area of HyVee to the north. The surrounding properties may require increased screening if they were to be redeveloped in the future as there are existing residential uses in the area. Walsh stated the rezoning to CC-2 will restore the existing uses to conforming use status. Additionally, given the existing development in the area rezoning a CC-2 would create a more compatible neighborhood as envisioned in the Comprehensive Plan while emphasizing buffers between incompatible uses. Rezoning to CC-2 also removes the potential for development of some of those more incompatible or more intensive commercial uses that would be allowed in CI-1 zones. Staff recommends approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). Following the recommendation from the Commission, the anticipated timeline would be February 20 Council sets public hearing and first consideration for March 19. Hensch asked why the not for profit located east of this area, an assisted group living, was that not included in the rezoning. Russett stated that nonprofit operates the community service shelter use which is allowed in the CI-1 zone and the text amendment didn't create any non- conforming situations for that nonprofit. Wade asked when a property is rezoned what happens to the special exceptions that have been granted to the property such as the parking reduction permitted at 430 Southgate, does that remain. Russett explained the special exceptions still exist and would still be applied to the property. The rezoning doesn't affect the special exceptions. Hensch opened the public hearing. Seeing no one come forward Hensch closed the public hearing. Townsend moved to recommend approval of REZ24-0002, a rezoning of approximately 4.5 acres of properties located at 429 Southgate Ave, 430 Southgate Ave, 436-438 Southgate Ave, 501 Southgate Ave, and 1916 Waterfront Dr. from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2). Wade seconded the motion. Planning and Zoning Commission February 7, 2024 Page 5 of 7 Townsend stated it just looks like it should happen as that whole area is commercial and to add the assisted living sections they already have those type of facilities there so to add the addition makes sense. Wade added with the changes that they made back in November of this year they need to realign the zoning to match the use so it makes sense. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: JANUARY 17, 2024: Craig moved to approve the meeting minutes from January 17, 2024. Townsend seconded the motion, a vote was taken and the motion passed 6-0. ELECTION OF OFFICERS: Motion by Townsend for Hensch to be chair. Wade seconded the motion. A vote was taken and the motion passed 6-0. Motion by Townsend for Craig to be vice chair. Padron seconded the motion. A vote was taken and the motion passed 6-0. Motion by Craig for Townsend to be secretary. Wade seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett reported that the Moss Ridge Road rezoning was approved at Council last night. Hensch asked if anyone was still working in the Pearson building or if they were all working from home now. Russett stated the property was for sale but she is not sure if it's vacant or not. Craig noted the Historic Preservation Commission is having a hearing on the status of the Pagliais building and assuming that they do something official there does that ever come to Planning & Zoning. Russett replied that yes, it would be a rezoning so after the Historic Preservation Commission votes tomorrow night it'll be on the next Planning & Zoning agenda. Craig asked if they can actually rezone something even if the owner doesn't want it to happen. Russett replied that is correct however the property owner hasn't said if they oppose it or support it, so it's unknown at this time. Russett noted if a property owner does not want the rezoning they can always formally protest the rezoning through a protest petition and then Council has to approve it by a super majority. Craig noted on Dubuque Street off the interstate there is a big sign there now listing the area for Planning and Zoning Commission February 7, 2024 Page 6 of 7 sale or available for development, so apparently the development that was proposed after mobile park residents relocated never happened so what is the status. Russett confirmed the property has been sold but the City hasn't received any applications for development. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2023-2024 1118 2115 311 415 4119 6121 715 7119 812 8116 1014 10118 111158 1216 12120 1117 217 CRAIG, SUSAN X X X X X X X X X X X X X X O/E X X ELLIOTT, MAGGIE X X X X X X X X X X X X X X X X O/E HENSCH, MIKE X X X X X X O/E X X X X X X X X X X PADRON, MARIA X X X X X X X O/E X X X X X O/E X X X QUELLHORST, SCOTT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X X X SIGNS, MARK X O/E O/E X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE O/E X X X X X X X O/E X X X X X X X X WADE, CHAD O/E X X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused = Not a Member Prepared by: Parker Walsh, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ24-0002) Ordinance No. Ordinance rezoning approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial (CI-1) Zone to Community Commercial (CC- 2) Zone (REZ24-0002). Whereas, the City has requested a rezoning of approximately 4.5 acres of property located at 429, 430, 436-438, and 501 Southgate Avenue and 1916 Waterfront Drive from Intensive Commercial Zone (CI-1) to Community Commercial Zone (CC-2); and Whereas, the Comprehensive Plan indicates that the subject properties are appropriate for General Commercial and Intensive Commercial and that the Future Land Use Map shall be used as a general guide for development of land within Iowa City in addition to District Plans and neighborhood design principles; and Whereas, the South District Plan identifies the subject properties as appropriate for Commercial to provide the opportunity for a large variety of uses that serve a major segment of the community and establishes goals to ensuring that commercial areas and uses contribute to the long-term vitality and appeal of adjacent neighborhoods by exploring the potential for mixed use, residential, or institutional uses; and Whereas, the neighborhood design principles of the Comprehensive Plan encourage buffering residential development from incompatible uses and emphasize the importance of providing sufficient buffers to assure the long-term livability of neighborhoods; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified Community Commercial Zone (CC-2); Lots 13, 14, 15, and 16, Block 5 and Lots 1 and 2, Block 7 of Braverman Center, an addition to Iowa City, Iowa, according to the plat thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa; except Auditor's Parcel #2014005, a portion of Lot 1, Block 7 of Braverman Center, an addition to Iowa City, as shown on Plat of Survey recorded in Book 58, Page 135, Plat Records of Johnson County, Iowa. Section II. Zoning Map. The Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance as provided by law. Ordinance No. Page 2 Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2024. Mayor Attest: City Clerk Approved by City Attorney's Office (Sara Hektoen — 03/05/2024) Ordinance No. Page It was moved by and seconded by the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 03 / 19 / 2024 Vote for passage: AYES: NAYS: None ABSENT: Second Consideration _ Vote for passage: Date published Alter Bergus Dunn Harmsen Moe Salih Teague that Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague None Item Number: 11.b. CITY OF IOWA CITY COUNCIL ACTION REPORT March 19, 2024 Ordinance rezoning approximately 6.25 acres of land located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public Zone (P-1) zone to General Industrial (1-1) zone (REZ23-0010). Attachments: REZ23-0010 Staff Report with Attachments P&Z Correspondence as of 01.17.2024 PZ 1.17.24 minutes Ordinance City Council Correspondence STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0010 GENERAL INFORMATION: Applicant/Owner: Other: Contact Person: Requested Action: Purpose: Location: Prepared by: Melanie Comer, Planning Intern Date: January 17, 2024 Troy McQuillen Kirkwood Community College Troy. mcguillen(aDkirkwood.edu Joe Townsend Procter & Gamble 4760 Rapid Creek Rd NE Iowa City, IA 52240 Townsend. ir(aD pg. com Nick Hatz Shive-Hattery 222 3'' Ave SW Unit 300 Cedar Rapids, IA 52401 nhatz@shive-hattery.com Travis Wright Shive-Hattery 222 3'' Ave SW Unit 300 Cedar Rapids, IA 52401 twright@shive-hattery.com Rezoning of 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) to General Industrial (1-1). Request to rezone the subject properties for industrial use. The site is currently for sale and Procter & Gamble anticipates closing on the property in February 2024. Northeast of Lower Muscatine Road and Northwest of Mall drive. 2 Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 6.8 Acres Vacant educational facilities in a Public Zone (P-1). North: RS-5, Low -Density Single - Family Residential Zone RS-8 Medium -Density Single -Family 1-1 General Industrial Zone South: RS-5 Low -Density Single - Family Residential Zone CC-2 Community Commercial Zone West: RS-5 Low -Density Single - Family Residential Zone 1-1 General Industrial Zone East: 1-1 General Industrial Zone RS-5 Low -Density Single - Family Zone Public/Semi-Public Southeast District Plan, Public Institutional SE2 Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the site on December 18, 2023. December 8. 2023 45 Day Limitation Period: January 22, 2024 BACKGROUND INFORMATION: The owner, Kirkwood Community College, has requested a rezoning of approximately 6.8 acres from Neighborhood Public (P-1) zone to General Industrial (1-1) zone located at 1810, 1816, and 1828 Lower Muscatine Road. The property currently contains vacant educational buildings formerly occupied by Kirkwood Community College. The subject properties are currently for sale. The party interested in the purchase of these parcels is Procter & Gamble, a company which currently owns land to the east of the proposed rezoning. Based on correspondence from Proctor & Gamble, they anticipate closing on the site in February 2024. In 2002, the City initiated a rezoning for the property located at 1828 Lower Muscatine Road. Kirkwood Community College purchased this parcel in 2002 to extend the Community College. This rezoning changed the zoning designation from Community Commercial (CC-2) to P-1 to reflect the change in ownership to a public entity and bring the property into compliance with the Zoning Ordinance. This property has remained P-1 since the 2002 rezoning. If the property will no longer be owned by Kirkwood, or another public entity, a rezoning will be needed. ANALYSIS: Current Zoning: The properties are currently zoned Neighborhood Public (P-1) zone, which is intended for uses such as schools, parks, fire and police stations, and other civic uses. The purpose of public zones is to provide reference to public ownership and use of land, or to use the land for infrastructure services that need to be located in or near the area where the service is provided. Proposed Zoning: The request is to rezone the subject properties from P-1 to General Industrial (1-1) zone. The purpose of the 1-1 zone is to provide the opportunity for the development of most types of industrial firms. Since this zone is regulated to protect adjacent developments, the land uses allowed are not heavy or intense in operation. Table 1 outlines the uses allowed in the 1-1 zone. Table 1: Uses Allowed in 1-1 Zone Use Cate ones: Building trade (e.g. contractor shops) P Industrial service (e.g. machine shops, towing yards, repair of machinery) P Technical/light manufacturing (e.g. manufacturing of electronic components, optical instruments, lenses P General manufacturing (e.g. includes manufacturing of most chemical and food products, but excludes heavy manufacturing uses like meatpacking, sawmills, a ermills PR Heavy manufacturing Limited to concrete batch plants only) S Self-service storage P Warehouse and freight movement (e.g. warehouses for retail stores, wholesale distribution centers railroad switching yards, storage lots for fleets P Waste related Limited to recycling rocessin facilities PR Wholesale sales P Basic utilityPR General community service (e.g. neighborhood centers, museums S Utility -scale round -mounted solar energy systems PR Helicopter landing facilities S Communication transmission facility PR Consumer firework sales PR P = Permitted PR = Provisional S = Special exception El The 1-1 zone has a maximum height limit of 45'. The minimum front yard setback is 20', while the side and rear have a minimum 0' setback unless it abuts a residential zone. Although the rear property line is near residential uses, the property does not abut a residential zone. Therefore, the rear setback would be 0'. In terms of screening, development in the 1-1 zone is subject to the industrial and research zone site development standards. Parking and loading areas must be located behind buildings or screened from view to at least the S3 standard when an industrial use abuts or is across a street or railroad right of way from a residential zone. Additionally, outdoor storage is allowed provided it is concealed from public view to the extend possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least twenty feet (20') from any public right of way, including public trails and open space, and screened from view to at least the S3 standard. S3 screening requires enough shrubs and small evergreens to form a continuous screen or hedge at least 5'-6' in height. Screening materials must be at least three feet (3') high when planted. At least one-half of the shrubs must be evergreen varieties. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The Future Land Use Map of the IC2030 Comprehensive Plan identifies the subject properties as suitable for Public/Semi-Public uses. The plan also includes an Economic Development goal that states Iowa City should "Increase and diversify the property tax base by encouraging the retention and expansion of existing businesses...". By allowing for this land to be rezoned to 1-1, the already existing company Procter & Gamble would be able to expand upon purchasing this space, adding more facilities directly adjacent to their already existing buildings. Similarly, the Future Land Use Map of the Southeast District Plan identifies these properties as suitable for Public Institutional uses. The plan, adopted in 2011, includes a discussion of planning for the expansion of Kirkwood Community College as it continues to grow. It specifically includes an objective to "plan for the future growth of Kirkwood Community College to support and enhance this commercial area". Circumstances have changed since the adoption of this plan. This plan identifies the need to preserve and expand industrial uses on page 37, stating, "The Southeast District is an ideal place to expand Iowa City's industrial base" due to its ideal landscape of level and well -drained land with proximity to adequate services and utilities. The plan also includes a goal to "preserve and expand the industrial tax base" and objectives to "protect designated industrial areas from incompatible uses, such as residential dwellings and retail and consumer services that would interfere with industrial operation". Expansion of existing industry such as Procter & Gamble aligns with the goals of the Southeast District Plan. The plan also includes a goal "minimize conflicts between industrial areas and nearby developments" and an objective to "develop a better buffer between the residential areas located north of the Iowa Interstate Railroad and industrial uses to the south. For example, trees both fast-growing and slow -growing species, planted on both sides of the railroad could create a visual screen and sound buffer." Approximately 187 feet of the subject property abuts the Iowa Interstate Railroad. Compatibility with Existing Neighborhood Character: The area surrounding the subject properties to the northwest and southeast is zoned as 1-1 and has existing light industrial uses of MidAmerican and Procter & Gamble. To the north is the Iowa Interstate Railroad, separating the subject properties from a Low -Density Single -Family Residential (RS-5) zone. Land to the south is also zoned RS-5, which is separated from the subject properties by a major thoroughfare. The Iowa City Market Place area is also across Lower Muscatine Rd and is zoned CC-2. The 1-1 zone is intended for light industrial uses. Technical/light manufacturing is permitted in the 1-1 zone. Heavy industrial uses are allowed through a special exception process. One of the special exception criteria is that heavy manufacturing uses in the 1-1 zone are limited to concrete batch/mix plants only. Additionally, the concrete plant would need to be located at least 500' from any residentially zoned property. The 1-1 zone would allow for the expansion of Procter & Gamble's operations adjacent to their current facility. Since Kirkwood no longer is operating at this site, this rezoning would make the proposed use consistent both adjacent properties. The subject properties are separated from existing residential areas by both a major thoroughfare and the Iowa Interstate Railroad, surrounding by industrial uses to the north and south. Access and Street Design: Access to the subject properties is provided via Lower Muscatine Road through an already established intersection at Lower Muscatine Rd and Sycamore St. Access to 1828 Lower Muscatine Rd is provided through an existing drive across from Deforest Ave. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the City Council will hold a public hearing on the proposed rezoning ordinance. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0010, a proposal to rezone approximately 6.8 acres of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Rezoning Exhibit Approved by: itzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map o P. tiSA a� An application submitted by the owner, Kirkwood Community College, to rezone approximately 6.8 acres of land on Lower Muscatine Avenue from Neighborhood Public (P-1] to General Industrial (1-1). I CITY OF IOWA CITY ATTACHMENT 2 Zoning Map I!1 RSS - % i Hienitv,u wu r p9p RS5 I C a An application submitted by the owner, Kirkwood Community College, to rezone approximately 6.8 acres of land on Lower Muscatine Avenue from Neighborhood Public [P-1] to General Industrial (1-1). CITY OF IOWA CITY RS5 ATTACHMENT 3 Applicant Statement SHIVEFIATTCRY ARCHITECTURE + E N G I NEERI N G December 6, 2023 City of Iowa City Neighborhood & Development Services & Planning & Zoning Commission Phone 1 319-356-5000 RE: Proposed Rezoning Applicant Statement To Whom It May Concern, On behalf of Kirkwood Community College and Procter & Gamble (P&G) a rezoning request is respectfully submitted as shown in the provided Rezoning Exhibit. The rezoning is warranted as the parcels under review are currently owned by a public non-profit organization, Kirkwood Community College, and will be purchased by a private industrial owner, Procter & Gamble (P&G). Under the current zoning of Public (P1) in the City of Iowa City zoning code, the uses described are intended for public ownership. Proctor and Gamble (P&G) is a private owner whose intended uses best align with the Industrial zoning (11). The proposed 11 zoning would be consistent with the existing zoning of directly adjacent parcels, MidAmerican to the northwest and P&G to the southeast. The parcels southwest face is adjacent to Lower Muscatine Road right of way, giving a buffer between the parcels and the residential neighborhood across the street. The northeast face of the parcel abuts railroad right of way and gives a buffer from the residential neighborhood across the train tracks. The City of Iowa City future land use map designates a Public/Semi-Public use to this area, which is reflective of current uses and ownership; however, City Staff generally showed support for the purchase and rezoning during the pre -application meeting given the location and intended use by P&G. Public infrastructure appears adequate or can be reasonably upgraded in the area based on existing uses, development and utility mapping. SHIVE-HATTERY, INC. Charles "Nick" Hatz II, PE Principal, Civil Engineer Copy: Troy McQuillen, Kirkwood Community College Joe Townsend, Proctor & Gamble Sarah Naberhaus, Shive-Hattery Wade Wamre, Shive-Hattery Travis Wright, Shive-Hattery Project 2112307450 800.7960313 1 shive-hattery.com ■ ATTACHMENT 4 Rezoning Exhibit REZONING EXHIBIT FROM NEIGHBORHOOD PUBLIC (P-1) TO GENERAL INDUSTRIAL (11) IOWA CITY, IOWA LEGEND LOCATION MAP e �IIIC �1111 1111: 11115 Ille 11111 3 IIIIP '111 11•• •P! '�' 19 3 ��� 1111� 1113 IIP �� it O 1LU m 1 Z ' US Z b r PFOJEcr NO, 2112307450 SUED FOR 1 OF Anne Russett From: Anne Marie Kraus <annemariekraus@gmail.com> Sent: Saturday, January 13, 2024 5:15 PM To: Anne Russett Subject: To the Zoning Commission: Re -Zoning for toxic chemicals in SE Iowa City threatens health SfC. ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission: The proposed rezoning of the Kirkwood Community College Campus (on Muscatine Avenue) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble is deleterious, opening the door to significant endangerment of the health of Iowa City, General Industrial zoning allows the manufacture of chemical products. Procter and Gamble has already polluted the air with its toxic fumes in their current and past facilities, and now they could have full freedom to spew additional airborne chemicals to neighborhoods directly adjacent and across the street. The Kirkwood property is nestled in an area surrounded by residential neighborhoods and four schools within a mile. Airborne volatile organic compounds and irritants from the manufacture of items such as scented laundry products have been studied and reported to cause significant harm to the health of humans, as well as damage to the environment. The rezoning agenda contains a quote from the IC2030 Comprehensive Plan: "The Southeast District is an ideal place to expand Iowa City's industrial base." Why the southeast side? Because that's where the powers -that -be place nearly all the buildings that are not wanted in other parts of town. Why not re -zone an area where all the homes cost upwards of $500,000? The southeast side is filled with neighborhoods of modest means as well as struggling incomes. It's easy for the Council to turn their backs on us because we don't have the power and Influence that other areas of town can wield. As a person who is sensitive to chemicals, living a few blocks away, I would no longer be safe to live in my home or work in my yard. Members of the Planning and Zoning Commission and the City Council may want to dismiss my illness as a one-off outlier to be ignored. But these airborne chemicals are damaging to everyone, even if they don't immediately feel the effects. Everyone will suffer adverse health consequences, in addition to enduring the constant strong odors. As citizens of Iowa City, we have the right to be safe in our homes and on our sidewalks, and the Iowa City Council has the duty to protect our health and safety. I strongly urge the Zoning Commission and the City Council to oppose this unwise and detrimental plan. Anne Marie Kraus Southeast Iowa City 1716 Gleason Ave Iowa City, IA 52240 319-621-2569 Anne Russett From: Glenda Buenger <buengerg@gmail.com> Sent: Monday, January 15, 2024 11:50 AM To: Anne Russett Subject: REZ23-0010, rezoning former Kirkwood campus on Lower Muscatine A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments, ** Dear Ms. Russett, Will you please forward my concerns to the P and Z Commission members before this Wednesday's meeting? Thank you, Glenda Buenger Dear Planning and Zoning Commission Member, I am writing to oppose rezoning of the former Kirkwood Community College campus on Lower Muscatine Road to 1-1, General Industrial, because of air pollution. The discussion in the 1.17.2024 agenda packet seems to include no consideration of Industrial pollution and its effects on human health and quality of life. This location is too close to residential neighborhoods and elementary schools for industrial use. I have a friend with respiratory issues who lives in the Hollywood neighborhood off Hwy. 6. She says that current P & G air pollution plumes for two miles. It invades her neighborhood and makes her sick. Allowing P & G closer into town means more Iowa City residents are affected by its pollution. Where do you live? Would you like P & G's air pollution to invade your yard, spoiling your time outside? Invade your home as your house's HVAC systems exchange air with the outside? Invade your lungs, your children's lungs? I know I wouldn't. Let's please not rezone to allow the polluter P & G to move into town, spoiling Iowa City for an increased number of residents. Surely a better solution can be found, one that preserves quality of life in our community. Let's please champion Southeast Iowa City residents rather than sticking them with a polluter. Sincerely, Glenda Buenger 316 S. Lucas St. Iowa City Anne Russett From: Anne Marie Kraus <annemariekraus@gmail.com> Sent: Monday, January 15, 2024 7:38 PM To: Anne Russett Subject: Harm to property values and livability of neighborhoods :_RISK `; ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission: I ask you to consider a few more points regarding the proposed rezoning of the Kirkwood Community College Campus (on Lower Muscatine) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble. I ask that you consider the effect that this rezoning will have on property values in the east and southeast areas of Iowa City. While east side residents are already well-acquainted with the noxious fumes from the P&G plant on far east Highway 6, the neighborhoods within two miles of the Kirkwood property would be overwhelmed by the increased intensity of the toxic fumes at such a close range. I am already considering moving from my home of forty years because such proximity to the chemicals would be devastating to my health. Other residents will want to move because the intense smells are intolerable. No one will want to move to any of the nearby neighborhoods. People will find it hard to sell their homes, even at a loss. Think about the property values. Please consider: If you know that many residents complain of the fumes regularly, and some residents get sick from the fumes, would you really still make the decision to let P&G defile the livability of our great little city? Would you choose corporate profits over the health and safety of our citizens? Are a few health -endangering jobs more important than the thousands of people who live in our sweet modest neighborhoods? I strongly urge you to oppose the rezoning of the Kirkwood property to General Industrial. It is ultimately detrimental to public health, livability of residential neighborhoods, property values, and the environment. Anne Marie Kraus 1716 Gleason Ave Iowa City 319-621-2569 Anne Russett From: Susan Craig <skjeldcraig@gmail.com> Sent: Monday, January 15, 2024 9:54 PM To: Anne Russett; Sara Greenwood Hektoen Subject: Fwd: Rezoning is detrimental to health, environment, and property values ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Sent to me this afternoon. I told her I could not have a private conversation or correspondence about zoning matters. She mentions she sent this to Council. I wonder if someone should advise her to send it to Commissioners as well. Sent from my iPad Begin forwarded message: From: Anne Marie Kraus <annemariekraus@gmail.com> Date: January 15, 2024 at 7:13:10 PM CST To: skjeldcraig@gmail.com Subject: Rezoning is detrimental to health, environment, and property values Dear Susan Craig: I hope you don't mind that I am writing to you individually at this email address. I got your address because I am a member of the Old Capitol Quilt Guild. And I saw that you are on the City Planning and Zoning Commission. And I also want to approach you because I was also a librarian in the Iowa City Schools for 26 years, and I admired your work and leadership and the ICPL. I wrote the Planning and Zoning Commission at the general staff address, but now I have additional points I'd like to make about this issue. I am writing to you about the proposed rezoning of the Kirkwood Community College Campus (on Lower Muscatine) from P-1 to 1-1 (General Industrial) for the benefit of Procter and Gamble. This zoning will allow the manufacture of chemicals. I would like to bring your attention to one negative effect of this zoning, in addition to the Issues of toxic chemical release, environmental damage, and significant damage to public health. I would ask that you consider the effect that this rezoning will have on property values in the east and southeast areas of Iowa City. While east side residents are already well- acquainted with the noxious fumes from the P&G plant on far east Highway 6, the neighborhoods within two miles of the Kirkwood property would be overwhelmed by the increased intensity of the toxic fumes at such a close range. I am already considering moving from my home of forty years because such proximity to the chemicals would be devastating to my health. Other residents will want to move because the intense smells are intolerable. No one will want to move to any of the nearby neighborhoods. People will find it hard to sell their homes, even at a loss. Think about the property values. I would also like to reiterate this point from the letter I sent to the City Council as a whole: The rezoning agenda contains a quote from the IC2030 Comprehensive Plan: "The Southeast District is an ideal place to expand Iowa City's industrial base." Why the southeast side? Because that's where the powers -that - be place nearly all the buildings that are not wanted in other parts of town. Why not rezone an area where all the homes cost upwards of $500,000? The southeast side is filled with neighborhoods of modest means as well as struggling incomes. It's easy for the Council to turn their backs on us because we don't have the power and influence that other areas of town can wield. I ask you to consider: If you know that many residents complain of the fumes regularly, and some residents get sick from the fumes, would you really still make the decision to let P&G defile the livability of our great little city? Would you choose corporate profits over the health and safety of our citizens? Are a few health -endangering jobs more important than the thousands of people who live in our sweet modest neighborhoods? I strongly urge you to oppose the rezoning of the Kirkwood property to General Industrial. It is ultimately detrimental to public health, livability of residential neighborhoods, property values, and the environment. Thank you for listening. Anne Marie Kraus 1716 Gleason Ave, Iowa City 319-621-2569 Anne Russett From: Ruth Manna <ruth.manna@gmail.com> Sent: Tuesday, January 16, 2024 9:11 AM To: Anne Russett Subject: Re: Please A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Thank you for getting in touch with me Anne, I am more than concerned about the possible placement of Procter & Gamble at the site of where the College now stands. It is unconscionable that a factory that will be spewing. Toxic chemicals will be placed in a neighborhood area where two neighborhood schools now exist people with lung problems Will no doubt get sicker or die, and others who are now healthy will certainly be affected by the constant fumes coming out of the factory. I ask all members of the Planning And zoning committee to consider whether they would like Procter & Gamble factory in their neighborhood and have their children breeze in the toxic fumes every dayl'm sure there are other facilities and corporations that are eco-friendly that could be considered for that site. Pleadingly, Ruth Manna, as citizen of Iowa City who is within the 2 mile radius of this possible disaster. Thank you for sharing this with the other Planning And zoning members. On Tue, Jan 16, 2024 at 8:34 AM Anne Russett <ARussett(cDiowa-city.org> wrote: Hi, Ruth —You can send any correspondence meant for the Planning and Zoning Commission to me. I will pass it along to them. Thanks, Anne From: Ruth Manna <ruth.manna(cDgmaII.com> Sent: Monday, January 15, 2024 10:14 AM To: Anne Russett <ARussett(cDiowa-citv.org> Subject: Please A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Please give me contact numbers or emails for the members of the Planning And zoning committee. Thank you very much, Ruth Manna. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Anne Russett From: Hillary Schofield <hbschofield@gmail.com> Sent: Tuesday, January 16, 2024 2:35 PM To: Anne Russett Subject: Proctor and Gamble rezoning A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To Anne Russett and the entire Planning and Zoning Committee, I am writing to urge you to deny Proctor and Gamble's request to change the zoning of the former Kirkwood campus from residential to industrial. The Eastside is already inundated with fumes from P&G's extant operations. There are undoubtedly negative effects from exposure to such chemicals, and many Eastside residents report having headaches and our physical reactions when the scents waft through their neighborhood. Since I cannot cite any research studies on the harmful physical effects, I will focus on the scents themselves: they are obnoxious, unpleasant and absolutely infringe upon quality of life. Please, please consider those who live closest to this potential facility and if you would like to be one of them. Sincerely, Hillary Schofield 720 S 7th Ave Iowa City, IA 52240 Anne Russett From: ben lewis <benjamind@gmail.com> Sent: Wednesday, January 17, 2024 6:29 AM To: PlanningZoningPublic Cc: *City Council Subject: Rezoning the Kirkwood Campus ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Planning and Zoning Commission, I have lived on Grant Street since 2004, almost 20 years. Over the past several years, I have noticed strong chemical odors, caused by volatile organic compounds (VOCs) coming from industrial operations a few blocks south of here. From what I understand, these are eminating from the industrial area just south of here. I have contacted city and state officials (DNR) about this more than once. Staff have been sympathetic but have not been able to do anything about it. We should not add more industrial sites in Iowa City near lower income neighborhoods, where so many already exist. It is also unwise to condense all the industrial sites so close together, compounding issues of noise and pollution. Surely there are other options for P&G. It has only been a few months since the campus closed. I hope you can find the patience to do the right thing and reject the rezoning request in this instance. Ben Lewis Anne Russett From: Cheryl Ridgeway <cherylann.ridgeway@gmail.com> Sent: Wednesday, January 17, 2024 9:26 AM To: Anne Russett Subject: Rezoning request - Kirkwood Community College Area ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear members of the board, I ask that you think carefully about the re -zoning request by Proctor and Gamble (P&G) for the Kirkwood Community land on Muscatine Avenue from P-1 to 1-1 (General Industrial manufacturing of chemicals). My concern and the concern of many others is that the deeply established residential areas and the nearby schools would be exposed to increased air pollution from the chemical manufacturing processes of P&G should the re -zoning be approved. As I've heard from those currently living on the SE side, P&G fumes are already a health concern and expanding to the Muscatine Avenue location will exacerbate this situation for many. Please seriously consider the health and wellbeing of our Iowa City residents, young and old, who will be affected. Please also take into account Iowa City's Climate Action Plan and at the very least, require P&G to mitigate their sources of air pollution before operating from this site. Thank you, Cheryl Ridgeway Iowa City resident Sent from my iPad Anne Russett From: Jessica Duling <dulingjessica@gmail.com> Sent: Wednesday, January 17, 2024 1:05 PM To: Anne Russett Subject: Rezoning of the Kirkwood Campus A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To whom it may concern, I am a resident of Iowa City and someone this rezoning will be directly impacted by. I am deeply concerned by the rezoning of the Kirkwood Campus to Proctor and Gamble and the detrimental effects on the community. Some of the pillars that Iowa City stands on is education and climate action but this decision will show that those pillars are only protected if you attend the University of Iowa and if you live in wealthier neighborhoods. This makes me angry and deeply ashamed of my city. I have been proud to live here all my life. I think there are a great number of things we get right. For example mixed use zoning to help foster walkable cities. To think it's being considered to trade an quality affordable education within walking distance to residents for a polluting factory who has a long history of knowingly sourcing from suppliers that are complicit in destroying forests and indigenous communities makes Iowa City's climate action plan completely hypocritical. I hope the committee listens to the cries of the community and advocates for all of its residents, not just the ones with the biggest wallets. Thank you, Jess January 17, 2024 Re: REZ23-0010 Rezoning Request for Lower Muscatine Road oppose the rezoning the site of the old Kirkwood Community College (KCC) on Lower Muscatine, from Residential to General Industrial because our neighborhoods are already experiencing unhealthy emissions from industrial zones that are too close to our homes, schools, and playgrounds. My name is Tracy Daby. I have lived on H street for 25 years. My house is directly behind Kirkwood Community College, about a block from the railroad tracks. For years I frequently walked through and around these neighborhoods. The last two summers I noticed a disturbing increase in offensive, toxic air coming from P&G. Last summer, just before and after the worst of the air pollution, I spent some time searching for the source of the acetone smell that was making me and my family ill (headaches, breathing difficulties). It was strongest when walking west on Mall Dr. past the side of the old Oral-B plant. My degree is in biology, and I have worked as a Research Assistant in a molecular biology/genetics research lab, so I am familiar with many toxic chemicals and their identifying properties. I have been looking into this matter more deeply since receiving the Senior Planner's letter last Wednesday, Jan 10. The letter was dated Jan. 4, 2024. Today I present findings from the Environmental Protection Agency (EPA) that support and coincide with my personal experience of factory specific toxic emission releases and air pollution. The links & link pathways to these findings are on the back of each handout diagram. 1. Map of Air Pollution (ICIS-AIR) & Toxic Releases to Air (TRI) directly from our two P&G facilities. (See Diagram 1.) 2. "UNHEALTHY LEVELS" of pollution recorded by the EPA AQS in Iowa City, June and July of 2024. (See Diagram 2.) 1 hope the planning and zoning will reject the idea of converting this residentially zoned land into more industrial. I do not believe that rezoning for more industrial facilities is in line with current City Climate Action & Outreach. Nor does it align with Neighborhood and Development Services' mission statement: "We work to create community and find solutions that promote healthy neighborhoods and a vibrant business community." We must hold you to this promise to promote "healthy neighborhoods". In lieu of a preferred, complete refusal of this industrial zoning request, I would ask that the Commission consider deferring so that we can absorb and research this pollution information. Mail delays due to severe winter weather have unfairly hindered the community response to this issue. Case in point: my next -door neighbor only received their letter yesterday, Jan. 16. In the few days we have had to digest this rezoning request, and with very limited letter distribution, we have found much opposition to this rezoning within our community. Please view our online petition at hftr)s://www.thepetitionsite.com/; search: Iowa City. Note the many supporting comments from our community. Thank you for allowing us a chance to comment on this rezoning proposal. Tracy Daby 1911 H St Iowa City IA 52240 Please view our Community Petition: "At 6:0o pm on Jan. 17 the IC Planning & Zoning Commission is holding a public meeting to discuss rezoning the old Kirkwood Community College plot from residential to industrial. Please add your name to this petition if you oppose P&G expanding their industrial operations WITHIN OUR CITY. The current P&G facilities have been polluting our air with chemicals that produce hideous smells throughout year. The smell of Head & Shoulders shampoo is most Car62 PETITIONS IOWA CCTV, IA SE Iowa City P&G a o c i MKMM vtlG No- To P&G Expansion In IC Residential Areas. noticeable, however, the past few years (since Oral-B was taken over) we have noticed the alarming odors of nail polish remover, acetone, which is very distinct. The EPA has reported "unhealthy" levels of small particulate in the air in June and July of 2024. (See Outdoor Air Quality Data EPA My Environment/MyAir/MoreAir/Air Data Trends and then "for more information" link below the Visual Trends graphic/ trends/"all AQI pollutants" from 2019 to 2024.) These "unhealthy" levels coincide with the strong ketone/acetone odors that forced many of us in SE Iowa City to retreat indoors, close windows, and even turn on our AC. The concentration level varied for several months this summer but the highest concentration in last June caused headaches and shortness of breath for my family (and likely others). Both P&G facilities in SE Iowa City have a record of pollution right here in town. See (Internet) EPA My Environment/MyAir/MoreAir/Air Facilities: Enlarge Map/zoom in to SE IC/Air Pollution ([CIS -AIR) (69)... & Toxic Releases to Air (TRI) (13). Please join me. Our Neighborhood and Development Services Department says, "We work to create community and find solutions that promote healthy neighborhoods and a vibrant business community." We must hold them to their promise to promote "healthy neighborhoods". The air we breathe must be guarded and protected." Go to the online petition https://www.thepetitionsite.com/629/894/365/no-more-factories-in-town/ to see numerous comments and signatures from Iowa City residents. Diagram 1. Map of Air Pollution (ICIS-AIR) Toxic Releases to Air (TRI) at P&G Facilities As Reported by the Environmental Protection Agency 52240, Iowa City, Iowa I st i\ \ c n < ® Kirkwood J 5t \ \\ �' Community P&G a u College Oral-B 2 Labe n � ory D rest Ave rp n e��1\Lt Elizabeth Tate Hgh Mark u Twain ✓i °. t`,r Elemenia Iowa Ci Mini Mall MarketP c ry 'ookwood Dr Essulale Plase High,,ay 6 E god alvcl Tracy Ln 760 Fi Ho4yw select a new Location: Legend VJayrti Ave 5ra;lford Dr Sourhea sr Jumer Hyh Mercer Park �^ U otth Q m 'Pe ,snclr e s7 �� S� L OP Procter And Gamble Procter And o Gamble N O ary6 CrosbyLn GeNroob o 1-1 Q� 0 Air u y ron Ave 'a Pollution/ nrm 2 sites: �qye 1. O Midamerican Energy Iowa City, Service Center �s�c 2. Hi Oral-B Laboratories Q i Air Pollution (US -AIR) (7) O Q Tom Releases to Air (TRI) (4) ` ❑ . NAA PM2.5 24-hr (2006 �NAA Ozone 8-hr alow ryq Qy di 2200 LOWER MUSCATINE RD cF IOWA CITY, IA 52240-2302 6 WhaCs nearby in 7.0 rni d odds 4ytler Creek d7P O Internet website & link pathways for this map on back. Internet location & link pathways for Diagram 1. EPA + My httns://enviro.epa.gov/ S MyEnvironmen[ Environment _ myenvironment/ T E >> Type in 52240 P S 1. See My Air httns://geol2ub.epa.gov/myem/ envmap/myenv.html?minx=- ... click 91.71107&miny=41.45587&maxx » "more w w �N NaP 91.32308&maxy=41.84387&ve=1 2.41.64988.- ~^ 91.51707&pText=52240%2C %20Iowa%20City%2C %20Iowa&pTheme-home Air Facilities > enlarge map> zoom in to Lower 2. https-//ueoptjb-epa.gov/myem/ envmap/m' env.html?minx=- Muscatine 91.71107&mine=41.45587&maxx " Enlar�¢ ry ® El, � 0 91.32308&maxy=41.844R7&ve=1 2,41.64988.- y 0 o�.o sx 9L51707&pText=52240%2C ay ;a�.F,Y %201owa%20City%2C %201owa&pTheme=home a W�n°, a5C 3 o Gal brrl: 6.° i0'` ~9a _ °eF �+'aw D•°z s ul yE ny� L [0 o' o.a m� County ofJwmon,rq Iowa DNR, Ezn, HERE, Gartn�n. INCR... %wereE by Ezr: *Toxic Releases to Air (TRI) Description: The Toxics Release Inventory (TRI) is a publicly available EPA database that contains information on toxic chemical releases and waste management activities reported annually by certain industries as well as federal facilities. The database also contains links to compliance and enforcement information. Source: EPA Envirofacts Data Source Diagram 2. 1u Daily AQI Values, 2019 to 2024, Iowa City, IA Source: U.S. EPA Air Data Generated: January 16, 2024 Daily AQI Values, 2019 to 2024 Iowa City, IA FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � IN ■ !i 1 � I111 ��■ � � I 1 ■� t i l■ liol 1w I I��I�M�■II IN MINIM Milli I 1 1111 will IN IN i■II■ m�mi■ I= on J 64AY JUN JUL AUG IIIIIIIIIIIIIIIIIIII� -� IIIIIIIIIII� �- ��� 1 W ■I MIN I 1 11 Mill to In AQI Category 1 Good (<= 50 AQI) Moderate (51.100 AQI) Unhealthy for Sensitive Groups (101-150 AQI] 1 Unhealthy (151-200 AQI) I Very Unhealthy (201-300 AQI) 1 Hazardous (>=341 AQI) AQI Scale httl2s:Hagicn.org/scale/ Internet website & link pathways for this dataset on back. Internet location & link pathways for Diagram 2. * * * * * * * * * * *.epa.gov/outdoor-air-quality-data/air-data-multiyear-tile-plot Outdoor Air Quality Data Air Data - Multiyear Tile Plot Plot daily AQI values fora as location and time period- Each "tile" represents one day of the year and is color -coded based on the highest daily AQI value at the selected menrtor - or among all monitors in the geographic area if "All Sites (Highest Daily AQI)" is selected. 1. Pollutant All AQI Pollutants 2. Period from I2019 v Ito 1 2024 v Naximumisyear /Qr ry time: 15 years - 30 sec, 25 years - 1 min) 3. Geographic Area I Iowa City, IA v --or - Select a County ... v All Sites (Highest Daily AQI) 191032001 4. Monitor 5 Not Data Also, much more information and data here: httos://www.el2a.gov/outdoor-air-quality-data T a R a, a: N A V+ tr P a sa E a tc N or Anne Russett From: Desiree Dahl <desireeadahl@hotmail.com> Sent: Wednesday, January 17, 2024 4:44 PM To: Anne Russett; *City Council Subject: Letter of Opposition to Rezoning of Kirkwood Community College A "This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To members of City Council and the Planning and Zoning Commission, I am writing as a resident of the South District of Iowa City to express opposition to the rezoning of the Kirkwood Community College campus from P-1 to 1-1. Increasing manufacturing in the South District does not align with our community's climate action plan, nor our city's commitment to equity. The operations of manufacturing facilities such as Procter & Gamble's contribute to air pollution in our neighborhood. Many South District residents experience financial hardship and may be unable to access necessary healthcare services to mitigate the effects of the pollution they are exposed to. A manufacturing facility such as this also has many impacts that extend beyond our local community. Procter & Gamble's products use plastic packaging that will remain in landfills for hundreds of years. P&G also relies on unsustainable sourcing methods for palm oil and wood pulp that are causing significant harm to critical forests, endangered species, and Indigenous communities. The expansion of this corporation's influence in our community poses a danger to residents, local habitats, and the climate. I urge members of the Zoning Commission and City Council to oppose this plan. Sincerely, Desiree Dahl in response to Item: REZ23-0010 on the January 17, 2024 Planning and Zoning Commission Agenda MINUTES FINAL PLANNING AND ZONING COMMISSION JANUARY 17, 2024-6:OOPM—FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: STAFF PRESENT: Melanie Comer, Sara Hektoen, Anne Russett OTHERS PRESENT: Wade Warme, Joe Townsend, Austin Korns, Anne Marie Kraus, Tracy Daby, Mary Helen Kennerly, Dan Schweer, Jane Driscoll, Jesse Ewald RECOMMENDATIONS TO COUNCIL: By a vote of 7-0 the Commission recommends approval of REZ23-0010, a proposal to rezone approximately 6.8 acres of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEMS: CASE NO. REZ23-0010 Location: 1810, 1816, and 1828 Lower Muscatine Road An application for a rezoning of approximately 6.1 acres of property from Neighborhood Public (P-1) to General Industrial (1-1). Comer began the staff report showing the location map for the subject properties noting these properties are bordered on the west by Lower Muscatine Road and to the south by Mall Drive. The subject properties are currently zoned Neighborhood Public and are surrounded by General Industrial uses to the north and the south. To the north the industrial use is owned by Mid - American and to the south the industrial use is owned by Procter & Gamble. To the east and west are primarily low to medium density single family zones, and further to the south are commercial uses. For some background context, in 2002 Iowa City initiated a rezoning for the property located at 1828 Lower Muscatine Road to the Neighborhood Public zone for Kirkwood Community College to expand their campus. However, circumstances have changed and Kirkwood no longer operates within this facility, putting it up for sale. Procter & Gamble intends to close on this site this year, pending the approval of this rezoning which would allow for an extension of the existing Planning and Zoning Commission January 17, 2024 Page 2 of 15 Procter & Gamble facility to the south. These properties are currently zoned Neighborhood Public (P-1) which is intended to provide reference to public ownership and use of land. Some examples of uses allowed within the zone are parks, schools, police and fire stations and other civic buildings. Since this is a public zone if these properties are purchased by private entity, the area must be rezoned to comply with the intended use. Comer stated the proposed zoning of these properties as General Industrial (1-1) which was created to provide the opportunity for the development of most types of industrial firms and industrial and research zone site development standards apply in the zone. The maximum allowable height is 45 feet, and the minimum setbacks are 20 feet from the front facade and zero feet from the rear and sides. Some examples of uses allowed in the zone are building trade, which could be contractor shops, industrial service could be machine shops, towing yards, machinery repairs shops, technical/light manufacturing could be firms manufacturing electrical components, optical instruments or lenses. General manufacturing is provisional in the zone and could be manufacturing of chemicals or food products but excludes any heavy manufacturing uses like meatpacking or sawmills or paper mills. Heavy manufacturing uses are only allowed by special exception, which are limited to concrete batch plants in this site. Warehouse and freight moving examples could be wholesale distribution centers, railroad switching yards, warehouses used by retail stores or vehicle fleet storage. Waste related uses are limited to recycling process facilities, and some general community service uses could be libraries, museums or neighborhood centers. In reviewing rezoning the City uses two criteria. One is consistency with the Comprehensive Plan and the second is compatibility with the existing neighborhood. Comer first reviewed this requests consistency with the IC 2030 Comprehensive Plan and showed the Future Land Use Map and the rezoning area. The Future Land Use Map in this area is set to be used for public/semipublic use. However, there exists goals and policies that would support the rezoning of this area to General Industrial. In the Economic Development section of the IC 2030 Plan there's a goal to increase and diversify the property tax base by encouraging the retention and expansion of existing businesses. By rezoning this area to industrial Procter & Gamble would be able to expand their existing facility to the east. Similar to the IC 2030 Comprehensive Plan the Southeast District Plan Future Land Use Map shows this area as Public Institutional, and there's an objective in the Plan to enhance this as commercial development opportunity for Kirkwood Community College. Again, circumstances have changed since this Plan's adoption in 2011 and as Kirkwood no longer operates within this facility a different zoning designation would be more compatible with adjacent uses. Within the Industrial and Employment Areas section of the Southeast District Plan it expresses this District as an ideal place to expand Iowa City's industrial base due to its ideal landscape of level and well drained land. One goal within this Plan is to preserve and expand the industrial tax base. An objective to accomplish this goal is to protect designated industrial areas from incompatible uses such as residential dwellings and retail and consumer services that would be incompatible with the existing industrial uses to the north and south. A second goal within this Plan is to minimize conflicts between industrial areas by developing a better buffer between the residential areas to the north of the Iowa Interstate Railroad and industrial uses to the south. Planning and Zoning Commission January 17, 2024 Page 3 of 15 Next, regarding compatibility with the existing neighborhood Comer stated to the east and west are primarily low to medium density single family homes. However, these zones are separated from the existing industrial uses and proposal site by a major thoroughfare to the west, Lower Muscatine Road, and a railroad to the east. As mentioned before land to the north and south of the site is zoned General Industrial, so rezoning the site to General Industrial would allow Proctor & Gamble to expand the existing facility to the south, making the proposed use consistent with both adjacent properties to the north and south. At this site there are two current entrances for access and street design. The first entrance is to the north at the intersection of Sycamore Street and Lower Muscatine Road, and to the south there is an entrance to the property at 1828 Lower Muscatine Road into the existing parking lot. As for correspondence, staff has received 11 emails thus far and most of the correspondence is raising concerns about this proposed rezoning related to issues such as air quality and pollution, noise pollution and unpleasant scents. All correspondence was provided to the Commissioners. Staff recommends approval of REZ23-0010, a proposal to rezone approximately 6.8 acres of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone. Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by City Council. The anticipated timeline would be Council would consider setting a public hearing on February 6 for February 20 when Council hold the public hearing and first consideration. Hensch asked for clarification as he noticed that in the agenda it is listed as 6.1 acres versus 6.8 acres in the attachments and in the presentation. Russett stated that was a typo, it is 6.8 acres. Elliott asked how long ago this area was originally commercial because a lot of times commercial is on the outside or away from the residential so likely originally this was zoned commercial a long time ago. Russett replied most of the area has been zoned industrial since the 1960s, the subject property was zoned CC-2 prior to 2002 when it was rezoned a Neighborhood Public. Hensch opened the public hearing. Wade Warme (Shive-Hattery) is representing Procter & Gamble and Joe Townsend is here representing Proctor & Gamble. Hensch asked if it was correct that as of right now there are no plans for the property. Warme confirmed it is just to acquire it since it's adjacent to the existing property. Joe Townsend (Site Engineering Leader, Procter & Gamble) stated they're just looking to purchase the property with the potential to do a further expansion of the oral care operation within Iowa City. They don't currently have existing plans on what they want to do with that property, but they'd like to have the opportunity to potentially expand. Procter & Gamble has been a member of the community since 1956. During that time, they strive to be a good, responsible neighbor in the community. Procter & Gamble's current oral care operation in that area produces manual toothbrushes and power toothbrushes. They continue to strive to be a Planning and Zoning Commission January 17, 2024 Page 4 of 15 good steward of the environment and the community, they have initiatives at facilities that are zero manufacturing waste to landfill and are also in process of achieving zero greenhouse gas emissions from their plants. Furthermore, they maintain their air operating permits and stormwater permits. Most recently, they've had some audits from the DNR as well as inspections in 2018 and 2021 in which they've had zero notice of findings or zero violations that have been identified. They intend to continue to strive to meet those initiatives and be a good steward within the community. Hensch asked if currently there's no plans for that property and they just want to control the property. Townsend confirmed that is correct. Hensch noted they've received multiple correspondence and it sounds like some people have gotten the idea that there's chemicals going to be produced there, is there any basis for that or do they know where that data is from. Townsend replied there's no chemicals that would be produced there. If they were to expand the oral care operation and be primarily making oral care toothbrushes or power toothbrushes that is not a chemical manufacturing process, it's an injection molding process. Hensch asked for confirmation that they are in compliance with DNR, EPA, air release wastes regulations, etc. and there's been no findings. Townsend confirmed their most recent audits in 2018 and 2021 produced no concerns. They also do internal audits and compliance audits to make sure that they adhere to and maintain all the legal requirements that they have for Procter & Gamble as well as the community. Wade asked if the operation out in the old Menards location is the same process of oral care manufacturing. Townsend stated for the most part it's the same, the Menards facility on the opposite side of town is a power oral care toothbrush manufacturing facility. It's a very similar process where they're injection molding parts to assemble components to make toothbrushes. Austin Korns (Senior Director of Economic Development, Greater Iowa City Inc.) which is the economic development organization for the Iowa City area. The Greater Iowa City Inc. is fully supportive of the proposed rezoning of the former Iowa City Kirkwood campus to make way for the purchase and additional space for Procter & Gamble. Procter & Gamble is a cornerstone of the local economy and provides a significant employment base for individuals across the entire region. While the departure of Kirkwood is a loss for the area, Procter & Gamble's potential acquisition provides a great opportunity for the entire community and make sense for the location situated directly adjacent to the current Procter & Gamble facility and between two other industrial sites. A purchase like this one represents the type of business retention effort needed to ensure Procter & Gamble can continue their work for years to come. Procter & Gamble is not only an economic driver for the region, but an incredible community development partner. The Greater Iowa City Inc. are eager to continue working with Procter & Gamble and residents of the surrounding community to maximize how this development could benefit the area and bolster the community. Anne Marie Kraus stated she lives on the southeast side of Iowa City and is asking that they do not approve the rezoning of the Kirkwood property. She just heard that there are no current plans to produce chemical products the way they do out on East Highway 6, but once the facility is rezoned for General Industrial that doesn't exclude opening the door to the manufacture of chemical products. Even if they're producing plastic products, like toothbrushes or whatever, all of those things emit strong, noxious, dangerous odors. The essential question is are they willing Planning and Zoning Commission January 17, 2024 Page 5 of 15 to trade citizen's property values for Procter & Gamble's profits. On the east side and the southeast side of Iowa City they are already experienced with the noxious odors from the Procter & Gamble plant out on Highway 6, the fumes reach a two-mile range as residents have told her. Now Procter & Gamble could be emitting more intensely concentrated odors at close range and the site is surrounded on all sides by neighborhoods. When the southeast side gets a reputation for bad odors, who will want to buy a home in the area. Kraus asked that they consider that if they approve this plan, the property values in the area could plummet and with lower property values the City will have a reduced tax base, hence less income for the City. Further, are they willing to trade citizen's health for Procter & Gamble's corporate profits. Even if they claim that the odors emanating for the chemical manufacturing are not toxic there are studies such as scientific articles in SpringerLink listing toxic or carcinogenic substances contained in scented items such as laundry products. The CDC says that environmental odors make asthma worse. Even if they refute all those studies, chemical sensitivity is a real medical diagnosis. The chemical fumes from the Procter & Gamble plant out on Highway 6 give her migraines, nausea, dizziness, and sometimes worse. Even if they dismiss chemical sensitivity as irrelevant, the noxious fumes will devastate the livability of these sweet modest neighborhoods. The CDC recommends that people stay indoors to avoid health damage from environmental odors or leave the area. What kind of options are those for those residential victims of chemicals in the air. Kraus also wants to know why that the IC 2030 Comprehensive Plan says that the Southeast District is an ideal place to expand Iowa City's industrial base. Why always the southeast side, because that's where the powers place nearly all the buildings that are not wanted in other parts of town. Why don't they rezone an area where the homes cost upwards of $500,000, it's always their neighborhood, the southeast side which is filled with neighborhoods of modest means and struggling incomes. It's easy for the City to turn their backs on southeast side because they don't have the power and influence that other areas of town can wield. Kraus will trust that the Commissioners value the concept of the quality of life. It's something that they are fortunate to have in Iowa City, so please don't endanger their property values, their health and their quality of life by rezoning to General Industrial. Tracy Daby (1911 H Street) has lived on H Street, which is right behind Kirkwood Community College, for going on 25 years and has a background in science and healthcare, she worked in a genetic research lab so she understands the smell of chemicals and how to identify them and the toxicity that goes along with it. She is here because her family and she had trouble breathing the air last year. Everybody in southeast Iowa City can confirm that there's this pervasive smell of hog farms and Head & Shoulders. Last year, they had a lot of wildfires burning from Canada but the last two years have been particularly bad because they've had strong odors of acetone in the air, very concentrated, to the point where they open up their back door and couldn't breathe. So she had to close up the house and stay inside. She is a gardener so that's a big deal for her. She closed all the windows and the door and turned on the AC in June. She didn't need to for the temperature but the acetone odor was definitely toxic. She's kicking himself for not reporting it to the EPA at the time but was feeling like it wouldn't do any good and she didn't know there was a way to report it. She thought she had to only report it to the State level and she knows that the State regulators are having difficulty keeping up with everything, especially with the new findings on toxic emissions. Daby stated acetone is what they normally think of as nail polish remover, it's extremely toxic, if even breathed or inhaled for one hour. The period of time last summer when she experienced the worst of it was like June and July, like maybe mid -June to mid -July. She had headaches, her family had headaches, they had breathing difficulties, and irritability and fatigue also, which she just found out today, after doing some more research on the CDC, are Planning and Zoning Commission January 17, 2024 Page 6 of 15 common side effects. One hour of inhalation can cause this ill health in people, that's just one hour, they were experiencing it for several weeks. It kind of up ebbed and flowed in severity. Daby acknowledged she has not seen any data to prove that it came specifically from that Oral B plant, however she did do her own walking around the neighborhood to try to isolate it, because it was so bad, and on the lesser days when she couldn't be outside, she found that it was much worse when she was walking up Mall Drive, as she passed the Ace Hardware there she could smell it coming out from that Oral B parking lot or stacks. Daby hopes the Commission has had a chance to read the findings that she submitted. She wanted them to know when she got the letter, which was just a week ago, she hadn't had much time to do this she wanted to know if there was any correlation between what's been recorded by the EPA and what she experienced. She did find two studies, two published research papers. They're kind of hard to navigate on the EPA website so on the back of each diagram one and two she put the links and how to follow the links to get to where she found this information so that the Commissioners can find it themselves, What they say is both Procter & Gamble facilities on the southeast side have been cited as having air pollution and air toxic releases. They can go to the website and look up all the details but she just wanted to say that there is proof that there is pollution coming from those places. The second thing she found that was even more important which is the diagram 2, daily air quality values from 2019 to 2024. She printed them out. The areas in green are good air quality index, areas in yellow are moderate for air quality and orange is unhealthy for sensitive groups like children, or elderly or disabled and red is unhealthy. Mary Helen Kennerly (1017 4'" Avenue) which is just around the corner from Ms. Daby. She shares with Ms. Kraus a lot of concerns about what happens when they leave residential zoning and go to industrial, she doesn't see them coming back from that and she thinks they should treat that with a lot of caution. Kennerly thinks it's really telling in terms of the caution that should be treated with Procter & Gamble's representatives or the applicants representatives. Their first line of defense is they don't intend to do anything with the property and promise they just want to acquire it and just have it. But of course, the reality of that new zoning regulation, whether it's them or someone else down the road, is that anything could happen. Anything could happen and they have to sort of trust the regulatory agencies and they're sort of decreasing strength in the state that nothing bad will happen to this community, to the community that this guy lives in, and a lot of the rest of them live in. So she just wants to convey how cautious she thinks they should be going forward and considering a change like this. It's a really big one. Dan Schweer (1140 Spruce Street) is not going to try to add to any of that but since they won't say what they want to do, at a minimum they want some kind of conditional rezoning so that they are not manufacturing in that space directly across the street, close to a residential neighborhood. Now there is a barrier, if they let them rezone and without restriction manufacture, then they're that much closer across the street. Much closer to the residences and that is his concern. Going back to the fairness, they started in 1956, that was preexisting before a lot of us were there. He didn't complain when he grew up, the trains were there first and they can't complain about that in his book. All he is asking is if they're going to approve it, make it conditional. They can have a parking lot there if they want but manufacturing that's too close to residential. Jane Driscoll (1409 Spruce Street) has lived in that neighborhood about a block and a half from where the Kirkwood currently is, the property in question, for about 45 years of her life and she would echo the need for conditional zoning if this moves forward. There's noise pollution, light Planning and Zoning Commission January 17, 2024 Page 7 of 15 pollution, there is excess traffic that needs to be looked at. The bus route is right there and has bus stops. If they have the risk of future semi traffic or other large vehicles arriving, coming to and from, in addition to extra employee traffic, that all needs to be looked at and considered in a conditional zoning that goes back to the app to protect the interests of the public, but also protect the safety of the public. Jesse Ewald (1031 Ginter Avenue) lives quite close to this rezoning and would like to echo the concerns and say that she also with the information that they have been given don't support moving forward with this rezoning. She is incredibly concerned that they don't have specific plans they can give. She is also very interested to know what the definition of provisional use for manufacturing and how that would play out if they do in the future have plans for any sort of chemical storage or manufacturing that would look something like what happens at their other facility. She mentioned the other facility, because like others that live in the neighborhood, she is often very aware of what smells like a synthetic fragrance that emanates from that location. She'd also like to remind everyone that just because the EPA or other regulatory agencies that are meant to protect us don't classify something as being particularly hazardous those bodies are oftentimes trying to catch up with the science and they move very slowly. She has a PhD in environmental engineering so both her field work and her research and her expertise has demonstrated time and time again, with a great list of chemicals that they are often not at the forefront of where the science is. So that fragrance specifically really causes concern for her. Like she said, she lives quite close to the facility like everyone else here and is really interested in staying in her home, she'd like to raise her family there. Therefore, it's just incredibly important that at the very least they have all of the specific information about what might occur at this facility. Even more than that, they should have the opportunity to really determine what goes on very close to their homes where all of them would like to remain and raise their families. Tracy Daby (1911 H Street) wanted to add in lieu of deciding against rezoning this, if they're unable to do that tonight, she would ask that they have deferment and hold off on making the decision so they have time to absorb more of the scientific data. She only had a week to look at things and she found those two pretty strong articles. Also her next door neighbor didn't get their letter of announcement until last night so a lot of people are still unaware that this is going on. The last thing is that with how they think it meets the criteria for rezoning, she would just ask them to remember that the criteria they're talking about is only physical proximity and what everybody here so far has been talking about is what's in the air and air moves and so the proximity to consider and the mailing that needs to go out needs to be a much wider circle. Daby has a friend she met today downtown said he could smell the acetone last summer and he lives over by City High. Lastly, on the website for Neighborhood Development the mission statement is "we work to create community and find solutions that promote healthy neighborhoods and a vibrant business community." Daby would ask that they remember the first part, please don't sacrifice healthy neighborhoods for business. Hensch closed the public hearing. Craig moved to recommend approval of REZ23-0010, a proposal to rezone approximately 6.8 acres of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone. Quellhorst seconded the motion. Planning and Zoning Commission January 17, 2024 Page 8 of 15 Craig asked about the history of the air quality and what is the City's role in air quality. Russett stated the City really has no role, they don't regulate environmental pollutants like air pollution, it's all done at the state and federal level. Craig stated when she first saw this application in her packet she thought well that makes sense. Here's this fairly small piece of property and what could be the use between an electrical substation and a manufacturing plant. What else is going to go there if they don't do something that's compatible with those two things. So she thought it was a very good application and was highly supportive of it. As the comments have come in it does raise some concern but the concerns she's hearing are based on air quality, which she doesn't see as really material to what the issue is before them tonight and for that reason she is supporting this application. Quellhorst totally agrees with that. He empathizes with a lot of the concerns that have been raised here today and thinks they're serious and significant and deserve attention, but he also thinks that he is not an environmental engineer and has concerns about himself, or this Commission, trying to make very complex scientific decisions that they're not really qualified to make. Ultimately, the question before them is a pretty simple one, which is whether this particular slice property is suited for an industrial use and like Commissioner Craig said he thinks that it is, particularly given the surrounding character of the area with Mid -American on one side and Procter & Gamble on the other. So for that reason, he would support the rezoning. Hensch asked for a definition of what a provision single use is. Russett stated a provisional use is a use that's allowed in the zone but requires compliance with additional specific use criteria. For general manufacturing the criteria in the General Industrial zone is related to milling grains. So, if the proposed use deals with milling grain, then there's additional standards that need to be met, but only for that specific type of manufacturing. Hensch asked if it is correct to believe that there have been no site plans submitted with this application and there's no project associated for them to even discuss. Russett confirmed that was correct. Hensch noted to both sides of the subject property, those are currently zoned industrial. Russett confirmed that was correct. Hensch asked has any government entity come forward and said they would like to do something with the current P-1 zoning. Not that Russett is aware of. Padron stated she supports this application and would like to point out that the chart, diagram two that was presented, the days that are shown in red coincide with the days that they had the smoke from the fires so there's no way to link this data to Proctor & Gamble. They have to be careful with what is presented, sometimes it is curated to match a certain narrative. Townsend is in agreement with this proposal. Mainly because Proctor & Gamble is there already and the electric companies right there too so it's mostly industrial in that area, and even the mall is right across the street. It's not totally a residential area. Elliott stated first she looks at the two criteria that they are to make their decision on and is going to support it based on the criteria that they make their decision on. She appreciates the neighbors concern and feels for them, but doesn't think it's their role, it's beyond their role tonight. Planning and Zoning Commission January 17, 2024 Page 9 of 15 Wade doesn't want to repeat a lot of things that have already been said. The one question he does have is regarding the setback. It has a 20-foot setback but 45-foot building height restrictions. Russett confirmed that is correct. Wade stated the 20-foot setback is a concern, it feels a little heavy on the neighborhood and is little bit inconsistent with the rest of the Oral B location. Wade stated his perspective is he does have a little concern with what they've expressed about the air quality and such but more about the zoning specific setback because Kirkwood feels pretty heavy on the street and it's like a 20-foot setback there and if they faced an industrial building that follows that same setback it would feel pretty heavy even though it has a major thoroughfare through there. But there is no site plan presented so they have nothing to discuss as far as potential development at that. Perhaps looking at the setback requirements for industrial zoning can be looked at in the future. A vote was taken and the motion passed 7-0. we] bIWa0:11:104[A 0 =1111WAUmW.7_\r Russett gave a brief and introductory presentation on the Comprehensive Plan update. She noted this is the very beginning stages of the update to the Comprehensive Plan and will give some background on why staff is working on an update, a high-level overview of what a Comprehensive Plan is and discuss how it differs from zoning and subdivision regulations, and how the Comprehensive Plan is used in the land development process. And finally, she will share some of the outcomes that staff would like to achieve as part of the Comprehensive Plan update. Russett stated one of the reasons staff is moving forward with an update to the Comprehensive Plan is that it's an action identified in the City Council Strategic Plan. Within the impact area related to neighborhoods and housing there is a strategy to update the Comprehensive Plan to encourage compact neighborhoods and diverse housing types and land uses. There's also a specific action item to move forward with a Comprehensive Plan update between FY24 and FY28 and that action item notes that form -based principles, missing middle housing types, minimum density requirements and streamlined approval processes should all be evaluated as part of this effort. Moving on to what is the Comprehensive Plan and Iowa City's Comprehensive Plan is the guiding document for growth and development within the City. It's non -regulatory but does help to inform decisions related to the built environment that this Commission looks at basically every single meeting. A Comprehensive Plan includes various components, it often includes vision statements, goals and policies related to multiple different policy topics, such as land use, economic development, and environment. It often includes a land use policy map, and an implementation section which lays out programs and projects that should be implemented to help achieve the vision of the Comprehensive Plan. The City's Comprehensive Plan is known as IC 2030 and it was adopted in 2013. It includes seven different elements and each element includes different goals and strategies for that particular policy area. The Plan also formalized the district planning framework which breaks the City into 10 different planning districts. The goal was to then adopt for each of these areas more specific Plans that would provide more specific policy direction for these different geographies. Russett showed the Future Land Use Map which is the map this Commission sees at every rezoning discussion. It identifies the general intended land Ir I _= = 4 gt Will City Council Supplemental Meeting Packet CITY OF IOWA CITY March 19, 2024 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): 9.e. Parking prohibition on the east side of Keswick Drive - See correspondence from the following: Joshua Christain and Margaret Henderson. 11.1b. Rezoning - 1810, 1816, and 1928 Lower Muscatine Rd - See correspondent from the following: Denice Connell, Laura Routh, Deb Schoelerman, Dena Miller, Tracy Daby, Susan Chambers, Jennifer New, Anne Marie Kraus, Pat Bowen. 13.b. See revised language - Charter Review Commission - One vacancy to fill a one-year term from April 1, 2024 to no later than April 1, 2025. (Andre Wright fesigned declined the appointment) Correspondence included in Council Packet. 13.c. Public Art Advisory Committee - One vacancy to fill an unexpired term, upon appointment - December 31, 2024. (Edward Boyken resigned) [Deferred from February 20, 2024] See revised cover sheet and application from David "James" Davies. March 19, 2024 City of Iowa City Item Number: 11.b. I i CITY OF IOWA CITY �fil COUNCIL ACTION REPORT March 19, 2024 Rezoning - 1810, 1816, and 1928 Lower Muscatine Rd - See correspondence from the following: Denice Connell, Laura Routh, Deb Schoelerman, Dena Miller, Tracy Daby, Susan Chambers, Jennifer New, Anne Marie Kraus, Pat Bowen. Attachments: Correspondence Kellie Grace From: Denice Connell <dconne116215@icloud.com> Sent: Thursday, March 14, 2024 4:00 PM Late Handouts Distributed To: *City Council Subject: Potential rezoning on Lower Muscatine Road 1 � (Date) RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council Members, A recurring theme in Iowa City's history has been the need for manufacturing to create a diverse economic and employment base, rather than relying on a foundation of education services alone. Even with that important consideration in mind, I am writing to oppose the rezoning of the former Kirkwood Community College to General Industrial for the use of Procter and Gamble. I urge you to consider the health and quality of life of residents before approving this rezoning. At the very least, I hope you will require further investigation of the effects of rezoning. As a resident of the east side (near Court Hill Park), I often smell the strong odors of acetone coming from P&G and sometimes must head inside because it's so strong. I am not convinced that P&G's plan to manufacture toothbrushes (involving injection molding of plastics) will not create more of the same problems. Other residents have provided you with much data regarding the potential problems associated with this rezoning. Please listen carefully to these community members and move thoughtfully in this area. Sincerely, Denice Connell 2902 Brookside Drive Iowa City, Iowa 52245 1 Kellie Grace From: Laura Routh <lauridi@hotmail.com> Sent: Thursday, March 14, 2024 9:44 PM To: *City Council Subject: Proposed rezoning of Kirkwood Campus site on Lower Muscatine Road, to industrial Importance: High Late Handouts Distributed _i?- I RISK (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** March 14, 2024 Dear members of the City Council, I am writing to express my opposition to the proposed rezoning (to industrial, for the benefit of Procter and Gamble/Oral B, aka P&G) of the former Kirkwood campus on Lower Muscatine Road. I am a retired environmental scientist, and a former RCRA inspector. 1 hold a graduate degree and have over 25 years experience as a field practitioner and regulator. In my professional opinion, this proposed rezoning raises significant matters of both environmental justice, and public and environmental health. I grew up in Iowa City. I returned here in 2016, for retirement. And I currently live in the Longfellow Neighborhood, only a few blocks away from the site in question. As anyone who lives here can tell you, the southeast (SE) side of Iowa City endures far more than its share of industrial air pollution. It is not surprising, then, that area residents see this current rezoning proposal as exacerbating an already untenable reality. To quote a recent article in the Gazette, 'The area around the P&G plant at 1832 Lower Muscatine Rd., which is adjacent to the Kirkwood site, has a higher percentage of low-income residents and Black and Hispanic residents than Iowa City overall. Fine particulate matter in the air, lead paint, traffic and hazardous materials storage all are above the 80th percentile in the 1-mile radius of the plant, the U.S. Environmental Protection Agency reported." (his:/lwww.the gazette.comllocal- oa vemmentlneighbors-oppose-pq-expansion-at-former-Iowa-city-kirkwood-campus/) As many Iowans are aware, the current regulatory capacity of the Iowa Department of Natural Resources (DNR) is incredibly weak; they are woefully underfunded and understaffed. Further, the political climate of Iowa state government is such that, we, the citizenry, cannot rely on the DNR to protect public health or the environment. Many residents of the SE side have complained --far decades --to DNR about industrial odors, to nc avail. Currently, neither P&G nor Oral B have federally -enforced air permits. It remains to be determined whether their status as exempt is even warranted. And while I recognize that City officials do not have regulatory primacy in regard to air quality issues, you DO have the ability (and 1 would argue, the obligation) to exercise your authority in land use planning decisions, to protect the long-range interests of our community. Service to the health, safety and welfare of the residents of our City is identified as a founding principle in the preamble of the City's Charter. (https://www.icgov.org/govemmenvcity-charted. Regardless of the initial (and somewhat vague) uses proposed, if you rezone this site, you are adding insult to injury. You will be giving a politically favored industry sanctioned and open- ended impunity. I understand that City officials were dissuaded from hosting a neighborhood meeting about this matter. I suspect that the City Attorney has likely cautioned you, and members of the Planning and Zoning Commission, against rejecting this request for re -zoning. This seems a common, if cowardly, response from a particular office in City Hall. Please let me remind each of you: the City Attorney works for YOU (and, by extension, US, the citizenry). You do NOT WORK for the City attorney. The request for rezoning should be rejected until the City has done its due diligence; sought input from the affected neighborhoods, and invited the proposer to hear community feedback. No rezoning should be allowed until the City and P&G can demonstrate appropriate concern and commitment to the health and well-being of the community surrounding this site. I request that my comments be included in the public record of the meeting on March 19, and the subsequent record of decision for this matter. Respectfully, Laura D. Routh 828 Dearborn Street Iowa City, Iowa 785-979-3918 4LL-I(.6 Kellie Grace From: Deb Schoelerman <dschoelerman@gmail.com> Sent: Friday, March 15, 2024 10:36 AM Late Handouts Distributed To: *City Council Subject: P&G rezoning t (Date) RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To the IC Councilors - I am writing to ask you to defer voting on the rezoning of the former Kirkwood building and continue the discussion about the rezoning request. My understanding is that P&G has not specifically said what will be done in that building. My concern is that if manufacturing is to be done there, the chemicals and potential pollutants that are needed in production will be emitted from that location. Many of these chemicals are toxic and some residents notice the odors. There are also schools nearby - South East Junior High and Lucas Elementary. Thank you for your consideration. -1t ii,b Kellie Grace From: Miller, Dena G <dena-miller@uiowa.edu> Sent: Saturday, March 16, 2024 12:10 PM Late Handouts Distributed To: *City Council Subject: concerned A (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council, Is this new addition to Oral-B going to be monitored by a third party? I certainly hope so. I am so disappointed about this change to the East Side. It would be very helpful if University Public Health could do statistical analysis regarding the emissions and the effects on the residents' health. Sincerely, Dena G. Miller Kellie Grace From: Anne Russett Late Handouts Distributed Sent: Monday, March 18, 2024 8:39 AM To: Subject: Kellie Grace; Danielle Sitzman; Eric Goers Fw: REZ023-0010 Kirkwood Attachments: letter to city.pdf; We sent you safe versions of your files (Date) Kellie - I told Tracy Daby I would share this with the City Council. Can you please share it if they have not already received this? Thanks, Anne From: Tracy Daby <tdaby@me.com> Sent: Tuesday, March 12, 2024 8:38 PM To: Anne Russett <ARussett@iowa-city.org> Subject: REZ023-0010 Kirkwood A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Anne, I have attached a clean (safe) PDF that I hope you will take a minute to look at. I have included links to research on environmental justice issues, as well as the land use/siting of chemical manufacturers who are now understood to be far more dangerous to human health than previously thought. I would like you to share it with the Planning and Zoning Commission. They need to understand the (public health) burdens felt by modern industrial fenceline communities and the duty of planners to consider the health of the residents. Tracy Daby 319.621.6638 Dear Anne Russett, I am grateful that, in the Gazette article about public opposition to rezoning Kirkwood RES023-0010, you seemed to agree with the need for immediate consideration of issues relating to our Disadvantaged Communities in southeast Iowa City, who are already overburdened by industrial toxins and exposure risks. Affordable housing, fair land use, & public health are the bedrock of Environmental Justice. I thought you might appreciate this planning & land use statement from the EPA (which echos the WHO and EDF statements in relation to the global climate crisis). Equitable Development and Environmental Justice ENVIRONMENTAL JUSTICE AS A PLANNING ISSUE (E "As a public policy issue, environmental justice is often framed and presented in the context of the law, public health, waste management, and public involvement. However, other factors contributing to the hardships experienced by communities with environmental justice concerns include failures in planning or enforcing proper zoning, or the incompatibility of land uses... First National People of Color Environmental Leadership Summit in 1991. An outcome of the Summit was the adoption of seventeen Principles of Environmental Justice. Approximately one- third of these principles are relevant to planning, urban policy, and management of the built environment. The prevalence of this theme within the Principles of Environmental Justice suggests: • Environmental justice strives to address environmental challenges in an upstream manner by be- ing proactive. • Environmental justice has a long history of targeting untenable practices in housing, land use, transportation, industrial siting, health care, and sanitation; and • Environmental justice is a cross -cutting issue as evidenced by the fact that the disparate impacts of redlining, infrastructure decline, deteriorating housing, lead poisoning, industrial pollution, concentrated poverty, and unemployment are related problems. Problems that are interrelated require comprehensive solutions, and the solutions need to be accessible for persons who experience the disproportionate burden.".... Read more... EPA- Equitable Development and Environmental Justice htW salwww.el2a.gov/environmental* ustice/equitable-development-and-environmental-justice The Iowa DNR has this to say about the necessity of Land Use & Planning leaders to protect our air quality. MATMOMMIA FiTM KIM ?ai "Why should communities plan for air quality in a state that has experienced relatively few exceedances of U.S. Environmental Protection Agency health standards? _ Because health standards are being strengthened due to mounting evidence that humans and the environment are F FTT F R ( - A H M IT I FS impacted by pollution more than previously believed. Every voluntary action to reduce pollution keeps our communities' air cleaner, which in turn contributes to a healthier place to live, both economically and environmentally. The objectives are to: 1. provide recommendations on situations to avoid when siting new residences, schools, day care centers, playground, medical -related facilities, and industrial parks; 2. identify approaches that land use agencies can use to prevent or reduce potential air pollution impacts; 3. improve and facilitate access to air quality data and evaluation tools for land use decision - making; 4. encourage stronger collaboration between land use agencies and local and state air quality agencies to reduce community exposure to pollution impacts; 5. communicate air quality consequences in land use decision -making. There's no doubt that community leaders influence citizens. if they model good environment protection planning and practices, residents and businesses will follow their lead. • Land Use Planning for Air Quality • Land Use Planning Introduction Fact Sheet • Health Effects Fact Sheet • National Ambient Air Duality Standards • Air Quali y Contacts • Electric Service Area Boundaries • Iowa Smart Planning • Collaborative Pollution Reduction Programs" htil2s://www.iowadnr.gov/environmenlai-proiCrtiQ[Vgir-qualiW/in-your-neighborhood#:—:text=To %2 r r° 2 ai°/ 2 vironmental%2 concern l c ° 2 I a%20DNR%20field%20office It is imperative that the PZC and City understand how critical these EPA and DNR statements are. Lives are on the line because of land use decisions that failed to grasp this in the past. Please, do not make our air more toxic. Residents are aware and very concerned about this. Mips://www.thepeti ti on site.com/629/894/365/no-more-factories-in-town/ There are over 100 Iowa City residents who have signed this petition. 1 encourage you to read some of their comments. I was encouraged to find many entries within our City's Comprehensive Plan that align perfectly with core environmental justice factors such as protecting the health of people who live in our neighborhoods, especially under -served and overburdened, low income communities. Safeguarding Iowa City's environmental and socioeconomic sustainability, which we know are inextricably connected, is already contained in the Comp. Plan, so there is no need to reinvent the wheel with amendments. That will save a lot of time and money, hardship and anxiety. Re: Increasing revenue/tax base via REZ023. The reality is that after considering all nuanced tax breaks for industry, the actual revenue from an industrial site on KCC land would amount to less than COMMERCIALLY ZONED, and less than RESIDENTIALY zoned property. Re: Good land for industry and nothing else. The Transportation Plan for 2050, created by the City Council and County Supervisors, rezones the entire strip (from MidAmerican to first avenue) to be designated as COMMERCIAL, not industrial. Also, MidAmerican wants to move out of our residential zone but the City will not allow it? This was brought to my attention by a former employee of MidAmerican Energy. Most importantly: The EPA considers a 1-mile radius the minimum for assessing environmental pollution and emergency management services. If you are interested in learning more about Environmental Justice tools such as the EJSCREEN mapping tool and Community Reports I would be happy to provide the reports to you, the link pathways, and names of several EPA region 7 contacts I have made who provide free EJ and land use trainings. The EJSCREEN Community Reports indicate overburdened neighbors within the 1-mile radius of P&G and KCC: 1. Ave life expectancy of 39-58 years. This is our unacceptable "existing neighborhood character" surrounding KCC as it stands now, prior to industrial expansion. Community Centered Reports for Kirkwood Ave & Howell St, or I St & 4th Ave httos:I/emscreen.ega aovlmapper/index.html7&wherestr=41.638723: 91.501632 1. Enter 52240 for southeast Iowa City. 2. Select: REPORTS (top left corner of map, see third tab which has the icon). 3. Select "Drop a Pin", then place PIN on intersection of 4. Kirkwood Ave and Howell St, or I St and 4th Ave... or your choice. 5. Select ADD 1-MILE ring. Select My Community Report (link) 2. Worst community in the entire state of Iowa for exposure risk (based on 12 EJ Indexes and our demographics of 13,000 people, 7 schools, 1/3 pic, 1/3 low income, <50% owner - occupied). Again, this is our "existing neighborhood character" surrounding KCC as it stands now, prior to industrial expansion. P&G Oral Care (Oral-B) - 1832 Lower Muscatine, Iowa City, IA 52240 EjScreen Community Report is contained within their ECHO Detailed Facility Report: htips.U_echo aka aovldetaiEed-facility-reoorL7fid=_110Q01326456&ej Wpe=sun&ej_compare=U5 Select: Community Select Index Type: Environmental Justice Index Select: compare to state. View demographics area below. Minimum consideration is the 1-mile radius. 3. Existing neighborhood is a Disadvantaged Community: US demographics data shows we have 1/3 low income and 1/3 POC in our "existing neighborhood character" surrounding KCC and the strip of toxic chemical manufacturers on Lower Muscatine and Hwy 6. S. Craig said (1/17/24) that air pollution was irrelevant to their purview. Wrong. 180 degrees wrong. This is a most dangerous & irresponsible statement- one that the Land Barons of the Gilded Age would make. Craig should be no where near any future land use decisions. *This statement has caused many in Iowa City to wonder, Have payments been made by P&G, accepted by planners, to pass this resolution? Trust in City management to protect the health of the people is withering. Consider the primary duty of the PZC: to make or make happen [and consider] necessary reports, surveys, and studies prior to deciding on anything related to the comprehensive plan (City website) These duties were not carried out. S. Quellhorst said during 1/17/24 public meeting, that the environmental issues the community raised were beyond their scope of knowledge, too "complex" for the PZC. Is it not the Commission's duty to secure impartial surveys, reports from experts? In ten minutes of online research of SIC & NAICS Industrial Codes one can find that making toothbrushes via injection molding of resins (plastics) falls under the category of "chemical manufacturing" which is known to be extremely hazardous/toxic to human health. When considering expanding chemical manufacturing, and its known hazardous waste and air toxics, I easily found recent published research that proves the direct impact of plastics manufacturing to public health and safety of our 13,000 people. EPA Strengthens Protections Against Toxic Chemical Releases March 1, 2024 (WASHINGTON — March 1, 2024) The U.S. Environmental Protection Agency today took important steps to strengthen safeguards intended to prevent toxic chemical disasters at thousands of industrial facilities across the country.This rule includes important additional safeguards to hold polluting facilities accountable for the risks they pose to communities." "People living near the thousands of industrial sites that use extremely toxic and flammable substances face the risk of chemical leaks, fires, spills, explosions and other potentially catastrophic events," said Dominique Browning, vice president at Moms Clean Air Force. "Over one in every three school children in the U.S. attends a school within the danger zone of these facilities. Children are uniquely vulnerable to the health impacts caused by toxic chemical exposures such as respiratory illnesses and cancers. Moms —and all caregivers —support EPA's important step in the strengthening of the Risk Management Program. We urge EPA to swiftly implement and enforce the new rules to help protect the health and safety of all children." The RMP rule requires facilities that use hazardous substances to develop a plan to evaluate risks from chemical releases, take steps to prevent them from happening and develop detailed emergency response plans. These plans are critical to help prevent chemical disasters and guide first responders and nearby communities to prepare for and respond to chemical disasters if they occur. Today's standards will require a series of improvements to these plans, including increased evaluation of risks associated with climate change and requirements for certain high -risk facilities to consider and implement safer alternative technologies. Toxic chemical disasters are far too common, and many facilities that process hazardous chemicals are located in areas facing greater risks from severe weather driven by climate change. In 2023, a chemical disaster occurred nearly every day in the U.S. A stronger, more protective RMP rule can help to prevent harm to communities, especially those on the fenceline of the chemical industry that face the greatest risks from exposure to this pollution. These protections can also help to advance environmental justice —recent EDF research on who is bearing the burden of exposure to petrochemical pollution adds to a growing body of evidence indicating that communities of color are more at risk than others. The updated rule contains a number of other provisions intended to safeguard public health and safety, including requiring consideration and implementation of safer alternatives, requiring back-up power for air pollution monitoring equipment and increased transparency and community access to facilities' plans. EDT and Moms Clean Air Force submitted joint comments to EPA in support of a strong final RMP rule when the agency first announced the updates in the fall of 2022." httpsJ/www edf org/media/epa-strengthens-protections-against-toxic-chemical-releases Contrary to planning and zoning arguments of IC, the World Health Organization and EPA rightly consider health hazards of modern, highly toxic, chemical manufacturing to permeate well beyond 50 or even 500 feet. The minimum proximity to be considered is a 1-mile radius from the source of hazardous air pollutants (HAP) and extremely hazardous substances (EHS). The chief engineer of P&G, Joe Townsend, was overtly deceptive when he answered M. Hensch's question about dangerous chemicals. Townsend said his site "doesn't even manufacture chemicals". We know, in fact, that his facility does. Here are 2 Iowa DNR and 1 EPA RCRA Facility reports showing his use of Tier I1 HAZARDOUS CHEMICALS & "extremely hazardous substances"; which are known to be "health hazards". These are used, stored, created & emitted by P&G Oral Care at 1832 Lower Muscatine. All records such as this are public records according to the EPA Community Right -To -Know Act EPCRA. btipsi/ifacilityexplorer.iow-adnr.gQvil' xlrr c htt s://echo.e a.gov/detailed-facility-report?fid=110001328956&ejtype=sup&ej compare=US https://enviro.epa.gov/envirofacts/rcrainfo/facility?handlerld=IAR000001552 The civil engineer for Shive-Hattery, who stated that the street and RR tracks were sufficient buffers was also being obtuse and deceitful. These byways are not buffers in any sense. This is exactly what residents were saying on 1/17. Any resident who lives within two miles of P&G can attest to the pollution coming from 1832 and 2200 Lower Muscatine. See comments made by IC residents in this online petition. hhtttps://www.thegetitionsite.cony6291894/365/no-more-factories- Therefore, both of the sources for your pre -public hearing decision (Agenda Packet 1/17) to allow for industrial expansion near 7 schools filled with children, stand to profit from expansion. This is the quintessential definition of a Sacrifice Zone situation. https:/Iwww,climatereaiiWroject.oM blogilets-talk-about-sacrifice-zones Why was the community not involved in this decision? The agenda packet of 1/17 argues that the rezoning criteria had already been met prior to the meeting. + The agenda packet also states that it sent out "Public Meeting Notification: Properties within 500' of the subject property received notification of the Planning and Zoning Commission public meeting." This is false. As Senior Planner, you will certify that you sent the notification letters not to the properties but to the property owners, most of whom did not pass the information on to the actual residents. (See the 50% owner -occupied demographics in the EJScreen Reports.) My immediate neighbor was mailed the notification, from his Florida landlord, and received it well after the meeting of 1/17. The notification sign posted was buried by 2 feet of snow while travel was restricted, during the worst snow storm we've had in years. Perhaps the community was not notified sufficiently in advance of discussion making. Good neighbor? Had the city done any research into plastics manufacturing prior to voting on 1/17, careful consideration of the high risk of permanent damage to developing fetuses, children and teens, from known plastics manufacturing chemicals would have been considered. Here is just one published journal report that combines findings for one such chemical. Phthalates and Their Impacts on Human Health httpsa/www. ncbi. n I m. nib-gQv/pmc/articl es/PMC8157593/ Dozens of reports for many other known plastics Substances are available. See also: Fenceline Communities; forever chemicals, HAP, EHS, VOCs; environmental toxicology; Sacrifice Zones, "Justice40 disadvantaged communities". The bottom line is that resolution REZ023-0010 fails to meet BOTH rezoning CRITERIA when international urban planning, climate change, EPA, public health, emergency management, hazardous chemical and exposure risk, and City Comprehensive Plan (in full), factors are applied It is negligent and irresponsible to allow further harm to public health. Please feel free to call me after 12:45 M-F if you are sincerely interested in obtaining resource material for any of the above information. I can assure you that the data is sound. Every argument I make here is based in public records specific to P&G that I have obtained. I have spoken with DNR, EPA and Public Health officials at length in order to better understand these issues. Lastly, the comment by PZC Padron accusing us of spinning a "narrative", when she found fault with one of the two EPA reports I presented, was most offensive, unprofessional & insulting; not to mention an illogical excuse for tossing out all of our complaints of suffering, ill health, & pollution. After being invited to comment, to be flippantly dismissed & brushed aside was bad enough. Her insult was deplorable. It was gaslighting. She should publicly apologize. In fact, the entire commission (minus Chad) should apologize to the southeast residents for their disrespectful and insensitive behavior during the 1/17/24 public meeting. Sincerely, Tracy Daby 319-621-6638 My name is Tracy. I've lived on H St 25 years. My twins and I were all afflicted with neurological disabilities within 5 years of living here (no proof ... just a bizarre coincidence, I hope.) I have an environmental science/biology degree; graduate course work in ecology and biostatistics; genetic research experience running PCR experiments with human cells; and 7 years as LMT and small business owner prior to disability. + Air Quality Land Use Planning FISHING THINGS r0 0O PLACES TO GO CONSERVATION ENVIRONMENTAL PROTECTION ABOk pouuvon more man previousy oeaevea. tvery voluntary action to reduce pollution keeps our communities' air cleaner, which in turn contributes to a healthier place to live, both economically and environmentally. The objectives are to: t- provide recommendations on situations to avoid when siting new residences, schools, day care centers, playground, medical -related facilities, and industrial parks; 2. identify approaches that land use agencies can use to prevent or reduce potential air pollution impacts; 3. improve and facilitate access to air quality data and evaluation tools for land use decision -making; 4. encourage stronger collaboration between land use agencies and local and state air quality agencies to reduce community exposure to pollution impacts; 5- communicate air quality consequences in land use decision -making. There's no doubt that community leaders influence citizens. if they model good environment protection planning and practices, residents and businesses will follow their lead. • Land Use Planning for Air Quality id • Land Use Planning Introduction Fact Sheet ®. • Health Effects Fact Sheet • National Ambient Air Quality Standards • Air Quality Contacts Ili • Electric Service Area Boundaries • Iowa Smart Planning • Collaborative Pollution Reduction Programs • Bi-State Regional Commission • Mid America Regional Council (Kansas City area) • Omaha -Council Bluffs • St- Louis Regional Clean Air Partnership • Helpful Guides • EPA's Guidelines for Selecting Safe School Locations • Ozone Advance is an EPA program designed to help communities meeting ozone health standards to continue to meet ozone health standards as the communities grow or as standards become more stringent. • Definitions and Acronyms hgps://www. iQwadnr.gov/environmental-protection!air-quality/in-your-neighborhood#7-7text=To snort°/u20an°/a20environmental%20concern.local%20lowa%20DNR%20field%20off ice a S. i 1� Cry` ,r !'5� Ah6inU 4+:P Gwb@ $ ,ds Mrs. M.�ketyis:. G Y n ri_ S.ird try 'n G �al6ran.� An W uYa1n.lLry �_ m CarY 9w M. r'r.. Court I Y;:n+rcJ:: nrP jt M1 r tr/ 0 a t Ii SnuUr; o•J u dunb� A�rr P.ud 0 , Air Pollution (ICIS-AIR) (13) Toxic Releases to Air (TRI) (4) O • NAA PM2.5 24-hr (2006 std) D - NAA Ozone 8-hr (2008 std) L P •f0 a kr. e 6� oydet Grce4 $C Lam) l Southeast Iowa City. At least 4 chemical manurffacturers in the immediate vicinity. trttps' My EnvtronrrtertJMvAirjEn.Jerge Map. 13 sites for Air Po'.iutton, d sites TRI reports tc EPA. Click on Icons for Facility Reports iinks. See also EJScreen Reports. httos:rfeiscreen_epa_0 vo /mappe enter 52240 Community Centered Reports for Kirkwood Ave & Howell St, or I St & 4th Ave 1. Enter 52240 for southeast Iowa City. 2. Select: REPORTS (top left corner of map, see third tab which has the icon) 3. Select "Drop a Pin", then place PIN on intersection of 4. Kirkwood Ave and Howell St, or I St and 4th Ave... or your choice. !n inaa�a: 55 pemad Onempluymmd: 5 parted 29 years "�° m[pachnry �4 ►�1 People d odor. 21 parted Pam= trio disahilflim 8 pm:Fd $26,200 kEi tA Ions dw mo tb eel efixitien: 8 pamd le A Mr. 48pOmni limber of hameholdm BJ62 IN Umbel bO buusuholds 2 partmul thaeer oueupiacl: 85 pwuml )RIDE. 4L OF SOR F THESE IYL 0 VE G, 004, OLVENT NON SPENT t L"ED U10 cicnn C=7 it- 11,b Kettle Grace From: Susan Chambers <sechamber@gmail.com> Sent: Monday, March 18, 2024 9:08 AM Late Handouts Distributed To: *City Council Subject: Air quality in southeast Iowa City A (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council, Do you recall the fresh smell in the air during and after a rain? That clean earthy aroma? Often in my neighborhood(Longfellow in SE Iowa City), after a rain the air smells of acetone — a chemical toxin odor brought down in the raindrops. I keep my windows open as much as possible and use my air conditioner infrequently. I love hearing the birds and sounds of life coming in from outside. Sometimes in the middle of the night, the noxious odor is so strong it wakes me from a sound sleep and I have to close the windows in order to reduce its impact. Sometimes I wake up in the morning with headaches when the breeze is coming in from the southeast. If it is not the acetone odor then it is disturbing fragrances.- cloyingly sweet. I have noticed this for many years now. I have reached out to the DNR on many occasions to report these incidents. I love my neighbors and neighborhood but feel I am being poisoned by the air. The air quality in Iowa City is frequently worse than in other places in Iowa. Please strive to address and change this situation. Thank you. Sincerely, Susan Chambers 832 Dearborn Iowa City, IA 52240 Kellie Grace From: jennifer new <jennifernew42@gmail.com> Sent: Monday, March 18, 2024 10:03 AM Late Handouts Distributed To: *City Council Subject: In opposition of PG's expansion (Date) RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members: As a resident of the eastside (921 S. 7th Ave.) who lives blocks away from the current Kirkwood campus (as the crow flies - I'm just over the railroad tracks), I am strongly opposed to the possible expansion of P&G into this site. There is already a high degree of chemical odor in the air in this area, and though I have no science to back me up, I suspect this translates to particulates that I, my kids, and my neighbors are breathing. Please protect the health and well-being of all of us, and especially those who live near this site, by not allowing this site to be zoned for any kind of manufacturing. Sincerely, Jennifer I write to understand the world. I always appreciate new readers to my Substack where I write about community, storytelling, spirit, growing things, and dogs. Not necessarily in that order. t Kellie Grace From: Anne Marie Kraus <annemariekraus@gmail.com> Sent: Monday, March 18, 2024 1:20 PM To: *City Council Subject: Script and PowerPoint for Public Hearing March 19 Late Handouts Distributed Attachments: We sent you safe versions of your files; Anne Marie Kraus Pub Hearing March 19.pptx,, Anne Marie Kraus script for PowerPoint March 19.pdf (Date) RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello, Iowa City City Council Members, I have been advised by the City Clerk's office that I should email my two items to you prior to the Public Hearing on the rezoning of 1816 Lower Muscatine Road for Procter & Gamble. I hope to speak and show a PowerPoint. I was advised to send them to you so you have the information ahead of time. Thank you, Anne Marie Kraus Script to accompany PowerPoint Public Hearing on zoning of 1816 Lower Muscatine Road Anne Marie Kraus, March 19, 2024 When Joe Townsend stood here on January 17 and said that Procter & Gamble would make no chemicals on the proposed site, he immediately set up cause for distrust. P&G's Oral Care plant is registered as a Small Quantity Generator of 220-2200 Ibs of hazardous waste per month, and classified as a Tier 2 chemical storage facility, with "Extremely hazardous substances." Residents would like to ask for a neighbors tour of Oral-B. We have questions, such as: • Why would P&G spend over six million dollars on the Kirkwood property if the zoning didn't go through yet? • Did someone in the city reassure them of the outcome? The City has been told that they cannot vote based on issues of health or environment, because the State of Iowa Code restricts criteria to land use only. However, in Iowa Code 414.1, 1.a, "For the purpose of promoting the health, safety, morals, or the general welfare of the community ,..... any city is hereby empowered to regulate and restrict .... the location and use of buildings, structures, and land for trade, industry, residence, or other purposes." The Council is charged with making this zoning decision based on two criteria: 1. Consistency with the Comprehensive plan, and 2. Compatibility with the existing neighborhood What Hazardous Waste generator is compatible with ANY neighborhood? When considering "Consistency with the Comprehensive Plan," the City is clinging to only one narrow part of the Comprehensive Plan: to increase industrial operations regardless of the welfare of the community. Here are nine other excerpts from the Comprehensive plan, listing protection of the environment, and health and safety: 1. Create healthy and thriving communities: environment, economy and society (p•4) 2. Protecting and enhancing the environment (p.7) 3. Housing that is the foundation of healthy, safe, and diverse neighborhoods (p. 7) 4. Iowa City's vision for the future includes environmental protection as a basic tenet (p. 19) 5. Growth and development should be managed such that the environmental quality of the community is not sacrificed. Measures should be taken in all private and public projects to ensure that any impacts on regulated environmental features are minimized. (p. 19) 6. Improve the environmental and economic health of the community (p. 32) 7. Principles for creating healthy and sustainable neighborhoods (p 42) 8. Reduce hazardous waste in the community (p.43) 9. Reduce the amount of pollution entering the City's storm sewer system and waterways. (p. 43) The City Council has been told that if they vote using criteria such as protecting health or environment, they will be sued by P&G. But the State Code gives the City the power to do so. Will this vote be influenced by the fear of a lawsuit by a multinational corporation with inordinate economic power? There has been a long history of previous City Councils who have acted to systematically denigrate the southeast side with placement of buildings that no one in any other section of the city would tolerate. Has the Council been told or convinced somehow that their hands are tied, that the only choice is to continue down the same path? Will the City continue to deliberately burden lower -income and minority residents with increased industrial repercussions? The Council has the opportunity to change direction from status quo to taking on the responsibility of protecting its citizens from avoidable harm, protecting the property values of lower -income areas, protecting the children in four nearby schools, and protecting the environment. It is within the law, and it is the responsibility of city government. This is not anti -jobs. It's about jobs that are safe for the workers and the rest of us. Please vote to protect the workers and the residents. The Southeast District Plan, cited on January 17, calls for the objective to: "Protect designated industrial areas from incompatible residential dwellings... that would interfere with industrial operation" Really? The Plan calls for protecting industry? This sounds upside down. In a rational world, the objective should be protecting residential dwellings from industry that would interfere with residential operation. Herein lies evidence that the past practice has been to deliberately afflict the Southeast side with damage to health and quality of life. The past practice has been to cater to industry and blatantly disregard the humble residents who happen to be able to afford housing there. The Council and the Zoning Commission say that they can't vote in favor of protection of health or environment, but they CAN vote on land use. Land use is not an isolated, abstract concept, devoid of consequences. Embedded within land use are health and environmental effects. Please recognize this fact, and vote with consideration for a population that already has significant disadvantages as demonstrated by the EPA's Environmental Justice website. ********ejscreen.e a. ov ma er/mobile EJSCREEN mobile.as x? eometr=%7B%22x %22:-91.50886.%22y%22:41.64387.%22spatial Reference%22:%7B%22wkid %22:4326%7D%7D&unit=9035&a reatvrse=&a rea id=&basemap=hvbrid&distance=1 "No Chemicals" a Small Quantity Generator: 220-2200 lbs. Of Hazardous waste per month x Tier 2: "Extremely hazardous substances" Emergency Response - Tier 11 Chemical Storage fifer M ID Extremely Hazardous Substance Health Hazard Flammability Hazard Reactivity Hazard rATR2019QiFABM29312G Yes Yes No Yes D035 METHYLETlffLKETONE THE FOLLOWING SPENT HALOGENATED SOLVENTS: TETRACHLOROETHYLENE, METHYLENE CHLORIDE. TRICHLOROETHYLENE, 1,1,1-TRICHLOROETHANE, CHLOROBENZENE,1,1,2-TRICHLORO-1,2,2- TRIFLUOROETHANE, ORTHO-DICHLOROBENZENE, F002 TRICHLOROFLUOROMETHANE, AND 1,1,2, TRICHLOROETHANE; ALL SPENT SOLVENT MIXTURES/BLENDS CONTAINING, BEFORE USE, A TOTAL OFTEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THE ABOVE HALOGENATED SOLVENTS OR THOSE SOLVENTS LISTED IN I,flO1, I,004, AND FOOS; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS: XYLENE, ACETONE, ETHYL ACETATE, ETHYL BENZENE, ETHYL ETHER, �1L i I I L ISOBU I YL KETONE, N-BUTYL ALCOHOL, CYCLOHEXANONE, AND METHANOL; ALL SPENT SOLVENT MIXTURESIBLENDS CONTAINING, BEFORE USE, ONLY THE F003 ABOVE SPENT NONHALOGENATED SOLVENTS; AND ALL SPENT SOLVENT MIXTURESBLENDS CONTAINING, BEFORE USE, ONE OR MORE OF THE ABOVE NONHALOGENATED SOLVENTS, AND A TOTAL OF TEN PERCENT OR MORE (BY VOLUME) OF ONE OR MORE OF THOSE SOLVENTS LISTED IN FQOI, F002, F004. AND F00; AND STILL BOTTOMS FROM THE RECOVERY OF THESE SPENT SOLVENTS AND SPENT SOLVENT MIXTURES. THE FOLLOWING SPENT NONHALOGENATED SOLVENTS: TOLUENE METHYI LTHYL_iiLT�. CARBON DISULFIDE. ISOBUTANOL. PYRIDINE. BENZENE. 2- Request a neighbors tour Questions . Why did P&G pay $6+ million before zoning? Did the City reassure them of the outcome? . More questions CITY ZONWG, 1414.1 CHAPTER 414 CITY ZONING 414.1 Building restrictions -- powers granted — rental properties — consumer fireworks. 1. a. For the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community, any city is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. City Zoning 414.1 (State Code) "For the purpose of promoting the health, safety, morals, or the general welfare of the community ...... any city is hereby empowered to regulate and restrict .... the location and use of buildings, structures, and land for trade, industry, residence, or other purposes:' Criteria for City Council 1. Consistency with the Comprehensive plan 2, Compatibility with the existing neighborhood IA hazardous waste generator is compatible with the neighborhood?) Consistent with Comprehensive Plan 1. Create healthy and thriving communities: environment, economy and satiety (p.4) 2. Protecting and enhancing the environment (p.7) 3. Housing that is the foundation of healthy, safe, and diverse neighborhoods (p. 7) 4. Iowa City's vision for the future includes environmental protection as a basic tenet (p. 19) 5. Growth and development Should be managed such that the environmental quality of the community is not sacrificed. Measures should be taken in all private and public projects to ensure that any impacts on regulated environmental features are minimized. (p. 19) Consistent with Comprehensive Plan 6) Improve the environmental and economic health of the community (p. 32) ?} Principles for creating healthy and sustainable neighborhoods (p 42) Sj Reduce hazardous waste in the community (p.43) 9) Reduce the amount of pollution entering the City's storm sewer system and waterways. (p. 43) Council Members have been told h If they vote using criteria such as protecting health or environment, A P&G can sue the City. But the State Code gives the City the power to vote considering health and environment. Long history of previous City Councils Systematically denigrated the southeast side . Has this Council been given the impression that their hands are tied ? A The only choice is to continue down the same path? Opportunity A change direction to take responsibility � protect citizens from avoidable harm x protect the property values of lower -income areas x protect the children in four nearby schools �. protect the environment NOT Anti -jobs for Iowa City Jobs that are safe for the workers Jobs that are safe for the residents -#it.6 Kellie Grace From: Pat Bowen <patjbowen@gmail.com> Late Handouts Distributed Sent: Monday, March 18, 2024 1:51 PM To: *City Council Subject: Environmental Justice (Date) A *' This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. •• Dear City Council members: I am writing today to ask you to please consider the environmental impact / risks of rezoning the area where Kirkwood College has vacated 1816 Lower Muscatine Road to a general industrial zone. This rezoning will be of benefit to Proctor & Gamble and not the residents. It my short amount of research I have found out the following: Here is a summary of the EPA's Environmental Justice findings for the one -mile radius surrounding 1816 Lower Muscatine Road. The local residents • Have the worst air pollution in the state, • Have a much lower life expectancy, • Are lower income • Have a higher percentage of nonwhite people. • The existing P&G/ Oral-B factory at 1832 Lower Muscatine Road already manufactures toothbrushes with injection molding, and resulting noxious odors are causing health problems in residents. • The EPA calls the Oral-B Factory a hazardous waste generator. https://enviro.e pa.goylenvlrofacts/rcrai nfo/facil itv?hand lerld=IAR000001552 • The following chemicals have been reported at the Oral-B factory by the EPA: Barium, Lead, Benzene, Methylene chloride, Chromium, Xylene, Acetone, Toulene, Xylene, Chlorobenzene, etc. most of which are on the EPA's HAP (Hazardous Air Pollutants) list. • The reason that P&G do not report or admit that they are using these chemicals is that they have a Small Unit Exception (SUE), exempting them from reporting these chemicals • A Small Unit Exception means they are allowed to produce these chemicals (and more) per year without reporting: • 5 tons per year of hazardous air pollutants • 5 tons per year of volatile organic compounds (VOCs) https://www.lowadn r.gov/porta Is/idnr/uploads/air/i nsidednr/con permit/factsheetsu.pdf I ask that the council in the very least, defer voting on this rezoning until further research can be done to protect the citizens in this neighborhood. Give the residents information of what is on the table and how could impact their lives. I hope you are thinking about this and how it will affect the people who you represent and how this will impact their lives . Or better yet, just say no to the rezoning. I would appreciate knowing what research you have done as well. Please do not be a rubber stamp. See attached screenshots for the Environmental Justice website Sincerely Pat Bowen 1210 Village Road IC (approximately 1 mile from the area in question) r_ u.ewt mio e.am,...e� o:o-....�m�.o.aaom Nssa u..ruran.� MsoxmW MYevasJIXa48k N�AkMIf. •n m m .an •n __vW •n �` _ DbaO•lpl�bNOMmb MKNpYB VWW s 'WA EmkanmgeMal)atMce a J, tad M Ift opecrane(. A r� �� nn�ViTT �nr �nr dT •s ^� )n AveB GH No.N131&MAwoW Nye Yrymme Axa[tsgldbx SNod •'*►Tiwr®���� City Council Supplemental Meeting Packet CITY OF IOWA CITY March 19, 2024 Information submitted between distribution of the Supplemental Meeting Packet 1 (if any) on Monday and 3:00 pm on Tuesday. Late Ha ut(s) 19.b. Rezoning - 1810, 1816, and 1928 Lower Muscatine Rd - See correspondence .from the following: Julia Buchkina, Tracy Daby, Janice Blake, Hillary Schofield. March 19, 2024 City of Iowa City �It,b Kellie Grace From: Julia Buchkina <julia.buchkina@gmail.com> Sent: Monday, March 18, 2024 7:18 PM To: *City Council Subject: Letter and Presentation for P&G Hearing at 6PM 3/19/24 bate Handouts Distributed Attachments: We sent you safe versions of your files; DrJuliaBuchkina.CityCouncilLettec3.19.24.pdf; Julia BuchkinaMD.3.19.24.pptx A (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Please find attached my letter to the City Council and my presentation to City Council for the P&G rezoning hearing at 613M March 19, 2024 Sincerely, Julia Buchkina, MD, MPH 221 E. College St, #211 Iowa City, IA 52240 March 19, 2024 Julia Buchkina, MD, MPH 221 E. College St., #211 Iowa City, IA 52240 Iowa City City Council City Hall 410 E Washington St, Iowa City, IA 52240 Dear City Council, I have practiced as a family physician in Iowa City for 15 years and am writing as a requested expert. I am concerned about the expansion of Procter & Gamble into the former Kirkwood Community College property due to the chronic health hazards it poses to the residents of the surrounding neighborhoods. As a tier 2 hazardous waste generator, Oral B already produces 220-2200 pounds of hazardous waste per month. This waste is reported to be heavy metals, VOCs, and ignitable waste in the RCRA facility info. Some of these chemicals have an odor; and some are odorless; but all of them pose a risk to human health when airborne as well as when present in water and food. Industrial chemicals like these are known to both trigger and exacerbate a number of chronic health conditions, including autoimmune diseases, Multiple Chemical Sensitivity Syndrome, Chronic Fatigue Syndrome, and Mast Cell Activation Syndrome. These are no longer rare conditions - I see them in my office every single day. The primary way these chemicals cause disease is by dysregulating the immune system. VOC's and heavy metals trigger the immune system to attack its own healthy cells and tissues, leading to a variety of autoimmune diseases. Chemical exposures can also lead to a more specific immune process involving a type of immune cell called mast cells. This is the main disease process behind Multiple Chemical Sensitivity, Chronic Fatigue, Fibromyalgia, and Mast Cell Activation Syndrome. These diseases occur when mast cells are chronically stimulated to release inflammatory chemicals called cytokines into the body. These inflammatory cytokines can cause excessive fatigue, malaise, flushing, itching, abdominal cramps, muscle pain, nausea, vomiting, diarrhea, and low blood pressure.These symptoms are rarely associated with single episodes of acute illness - but rather can develop gradually until they are chronic and debilitating. I speak from direct, daily experience when I say these illnesses are not easy to treat and require significant ongoing use of healthcare resources to manage. If Oral B expands to the Kirkwood property, VOC's and other chemicals will increase in our air, stormwater, and groundwater. A 2022 test of Iowa City stormwater provided by the DNR already shows elevated levels of multiple VOCs that match the Oral B RCRA facility report. The expansion will additionally lead to increased airborne chemicals in nearby neighborhoods due to increased exhaust from large trucks accessing the property, further putting residents of these neighborhoods at unnecessary risk. I do expect that this expansion will lead to increased incidence of immune -mediated diseases among residents in nearby neighborhoods. Thank you for listening to these concerns. Sincerely, AOIIEictiG1i191ikw�t�� �I:7:1 Julia Buchkina, MD, MPH Family Physician in Iowa City Health Hazards of P&G Expansion Oral B is a Tier 2 waste generating facility - 220-2200 Ibs waste/month a Volatile organic compounds (VOC's) Heavy metals Ignitable waste Health Hazards of P&G Expansion • Oral B is a Tier 2 waste generating facility - 220-2200 lbs waste/months Volatile • • r• a i * Heavy metals Ignitable �rAr. � .:i 6TOa c) Some are odorless 12. ALL AREA HEALTH HAZARD WHEN AIRBORNE or IN WATERIFOOD Health Conditions triggered by VOC's and Heavy Metals • Autoimmune diseases (1 {dos of different diagnoses) • Multiple Chemical Sensitivity • Chronic Fatigue Syndrome • Mast Cell Activation Syndrome Health Conditions triggered by VOC's and Heavy Metals • Autoimmune diseases (100s of different diagnoses) o Chemicals trigger the immune system to attack the self tissues • Multiple Chemical Sensitivity • Chronic Fatigue Syndrome • Mast Cell Activation Syndrome Health Conditions triggered by VOC's and Heavy Metals o Chemicals trigger the immune system to attack the self tissues • Multiple Chemical Sensitivity • Chronic Fatigue Syndrome • Mast Cell Activation Syndrome Q Chemicals chronically stimulate Mast Cells to release inflammatory cytokines Health Conditions triggered by VOC's and Heavy Metals • Chemicals chronically stimulate Mast Cells to release inflammatory cyt©kines Tt ,it P..... .... i-',_-0, TGF-�4, IL•7, IFkFp. I IL•t2 (rla /ACj T64IL-i. ILA 103, Ib3, IL,5 i Ib2, IRU p t15 IFFar- �•-, L5 H72iN63ef1. IL-2.71.-73 r L 3,IL4, IL 70 IL-13, IL-3, IFWn ff 46 IL-6, IL'S, ?� IL-3, IL•4 IL-7,fNF,o. W-OF L i 16 DA-I X .. i AL,7 S.NF-a, � �N•q �3 � G-43F. ILA. ILA I ILA 1. K-I 2 � Symptoms triggered by VOC's and Heavy Metals Mast cell degranulation can cause: • Fatigue/Malaise • Flushing • Itching • Abdominal cramps • Muscle pain • Nausea/vomiting • Diarrhea • Low blood pressure Residential Effects of P&G Expansion • VOC's will increase in groundwater and stormwater shows2022 test of Iowa CitYs stormwater provided by the DNIR already A of VOCs that are present at Oral B's current facility • Increased airborne chemicals from industrial/traffic exhaust • I expect local chronic diseases among residents will increase Thank You Julia Buchkina, MD, MPH 221 E. Col Iege St, #211 Iowa City, IA 52240 upstreamfm@gmail,com Kellie Grace From: Tracy Daby <tdaby@me.com> Sent: Tuesday, March 19, 2024 2:22 AM To: Kellie Grace; *City Council Late Handouts Distributed Subject: City Council Meeting 3/19/2024 6:00pm Attachments: Daby re REZ023-0010 on 3 19 2024.pdf, We sent you safe versions of your files Ob i A {Date} ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Kellie, Please add this PDF to the laptop so I may use part of it at tonight's meeting, 6:00 pm, 3/19/2024. Also, please share this PDF digitally with the City Council to save on trees and paper. I had some difficulty with formatting the power point and then the pdf because I use open -source at home.. I hope it keeps its integrity. Thank you. Tracy Daby 1911 H St Review of Federal, State, & Local Code and Guidance for Land Use, Rezoning Criteria, and Siting Industry in Today's Climate Community Land Use Planning for Air Quality Cumulative Impact Assessment and Policy Making "During the assessment of a project, land use planning should include an evaluation of the cumulative effects of changes to air quality caused in combination with other past, present and future community land uses." K Cumulative Impact Assessment and Policy Making During the assessment of a project, land use planning should Include an ewalumial of the cumulative effects Of Changes m Jir qu ildy caused in comtenation with Other past. present and future community land uses. Comprehen€ire Plan, The most efficient way to handle the Cumulatlre impact assesamma is with the polities and direction In the commuri ty's comprehensive plan For instance, it a sourte has a lot of HAK what considerations are built in the Plan to prmect cromm horn HAM? Federal requirements may not be enough protection. Can a policy encourage heavy-duty diesel trucks to take an abemate route away from tesidenpal areas? Are areas identified as future industrial, commercial and residential uses? These policies could inirgduce design and distance parameters to reduce em ssions, etpalure, and Ask tram induuyial and commercial land uses that are in time prommity to residemial areas or schools- . With the popularity of mixed -use areas, inning ordinances may need to be reviewed to determine how to avoid exacerbating poor land use practices of the past or oomdbunng to beaked and cumulative air pollution Impacts In the community. Is a proposed assisted living project adtacent to an exist. ing chrome plating ladkly or several dry ckamn? Are multiple industrial sources located directly up - rust! of a new apartment Complex? Is a new housing development dimun iM tram a distutsudon center attracting diesel -fueled denntry, trucks? It changes to toning ace needed, this is good oppotunity to work with community planning groups, local businesses and coinmunfty msidems to figure out the bog war to address existing incompatible land uses. An option is to add land un- based performance standards to coning ordinances in emstingmiyad-use commundsm tot certain air Pollution+ project categories, In disolopang project design or performance standards, consult with the OttR Air Quality bneau or Visor kcal air agency families of land use -based air qualay-specilk performantt standards include: fatlrtse+ winch [tar prmanxil? i Oo one Or mm now heevan or kw naffic volume solace iueets cut throupi the common"? 3. is the area casidw for tsiixe6 use ca I t? a. Has awa& through of the community been conducted to gather the foltawmg ink,mapw • land use a[trnlh in the area such as types of businesses, housng drvelopmenls and kratfd:S of woolNe pnpuladonS, ♦ prtblmtty, of exnstwg and antxipmCd rogue protects to rmAderuhal areas v sem,thre papulJSrolm: and • (On(MtrJtkn Of emi55inn saarces imiumN anticipated future projects to residential areas of sensittwe populatwm. S Has fAmWar bmi&agency bwealrimgd to obtain locatwn of sautoes of etnnsions? d Whet wtegarles al cpmmeHiaslmama gre (tprentlg bwmd b Mt aegi old da.F thg ah gprvy tape drre sarOe ao Ale r b W t� n gudaud apgrmltaad? 7. YRet cmegorim of fonts such udWAbudon cergnser wareholauarecurmYdirlocated In tfwwn7 s OmOwc*gWrWr lylrawe a bill" of multiple tompbNb about air shadily? % Hue comnupkyNadem or groups been IWmac'teda WtbrPlriStksgetoV** rJamrnnrfly ifr glaNgi Canmms? • Placing a process vent away Iron the direction of the kcal playground. • Requiring setbacks between the project fence line and the population center. • umong the hoursol operation of a facikty. kwackanaiuom Federal, state, and local laws detail the responsibility of local planners to protect human health and ensure clean, safe, breathable air. Land Use Mandates (partial list): Federal: Executive Order 12898 Environmental Justice for All Federal: Executive Order 14008 Tackling the Climate Crisis at Home and Abroad. EPA Region 7 Environmental Justice Program- Serving Iowa. To ensure that, as a Region, we are fulfilling the mandate given in Executive Order 12898 on environmental justice. EPA Environmental Justice fulfilling EO 12898. EPA Air Pollution, Toxic Waste, Toxic Release Inventory, RCRA and hundreds more. EPA Emergency Planning and Community Right -to -Know Act EPCRA State Iowa Code Chapter 414 City Zoning State Iowa DNR: Community Land Use Planning for Air Quality Johnson County- Sustainability; Public Health; Emergency Response Iowa City Fire Department- Hazardous Chemical Emergency Response Iowa City Rezoning Criteria; Comprehensive Plan 3 CITY ZONING Referred to in §15.459, 18B.2, 366B.2, 329.7, 354.1, 476A.5 414.1 Building restrictions -powers granted - rental properties- consumer Fireworks. For the purpose of promoting the health, safety, morals, or the general welfare of the community ...any city is hereby empowered to regulate and restrict... the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. 414.2 Districts. "...the council, may divide the city into districts,... and within such districts the council may regulate and restrict... use of buildings, structures, or land. All such regulations and restrictions shall be uniform for each class or kind of buildings throughout each district." in CHAPTER 414 C���'i[i7�fCei Referred to in §15.459, 18B.2, 306B.2, 329.9, 354.1, 476A.5 ' f" 1 1 . I I 1 11 TI 1 T a -I I I M I I 1 1 f MI W 1 1■I1I�i{�11� WFrOWIT, 1 1 1 1 1 1 1 1 1. The regulations shall be made in accordance with a comprehensive plan and designed.,. to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air;... and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. 5 ( ) WA Iowa Department of Natural Resources 46 TL v' RF A TF- 4 COMMCOIFM ITIF� https:,Ilwww.iowadnr.gov/environmental-r)rotectionlair-qualit/in- our-nei hborhood Iowa DNR objectives: • "Provide recommendations on situations to avoid when siting new residences, schools, day care centers, playground, medical -related facilities, and industrial parks." • "Communicate air quality consequences in land use decision -making." U.S. Government- 2023 EJ 2020 Action Agenda: E Environmental Justice Sti Executive Order 14096 About EJ 202o Priority Areas • � r� f 1 r l r u u u r 1 Environmental .iuctirp fnr All " • What is EJ 2020? • Community -Based Work • Goals • Rulemaking "Policy. To fulfill our Nation's promises of • Read EJ 2020 •Other Prforitv.4reas National E] Implementation justice, liberty, & equality, every person must Challenges have clean air to breathe; clean water to drink; safe and healthy foods to eat; and an environment that is healthy, sustainable, Current Areas • stakeholder Engagement • • Building Partnerships • Exporing Future Areas • Reporting climate -resilient, and free from harmful Outreach & Resources pollution and chemical exposure." Engagement 7 Misleading statements made to Commissioners, & Council need to be addressed: • P&G continues, since January 17, to withhold exposure risks & specific hazardous chemicals connected the their facilities. • Chief Engineer Townsend denied even making chemicals which is manifestly false. • This deception is contrary to the federal Emergency Planning_ Community Right - To -Know Act (EPCRA). • AIR QUALITY IS EXACTLY RELEVANT & REQUISITE to rezoning and land use near children, when proposing to site chemical manufacturing industry. City Council & the public have the Right -To -Know the truth before rezoning. a Environmental justice Executive Orders Hrtvironmental justice Environmental justice as a Planning Issue Cpnr.rT US "As a public policy issue, environmental justice is often framed and presented in the context of the law, public health, waste management, and public involvement. However, other factors contributing to the hardships experienced by communities with environmental justice concerns include failures in planning or enforcing proper zoning, or the incompatibility of land uses." https://www.epa,govlenvironmental tustice/euitable-development-and-environmental justice W State Code for City Zoning, says that Rezoning Criteria 1 is not simply adhering to the comprehensive plan alone. "The regulations shall be made in accordance with a comprehensive plan and... ...designed to promote health and the general welfare" ... shall be designed to provide adequate light and air" �r ....shall be designed to secure safety from fire, flood, panic, and other dangers." li■M 10 1, UT I.dowa,city ,4- X: Proctor & Gamble Oral Care is a chemical manufacturer (SIC: 3089 Plastics Products) that makes plastic toothbrushes via injection molding. They are required by law to report the toxic chemicals they use to the EPA and DNR. Luckily for us, Federal Law: EPCRA, says we have the Right -To -Know where these hazards lie. Note: the presence of extremely hazardous substances (EHS), that are known to endanger human health, especially in children. Standard Industrial Classification) W, ,1 O V V A F"%(-ILiTy EXPLORER "' Mae Lis! View Note: Kirkwood Facility Details: Oral - a Laboratories Dernolition- Construction Gn To rasp I Name2Address: 9rat- oLerMu cati Arad LawerMuscatlns JA 5 IA 2240 �rtavincmrl+bii'mm�cn�n vdn+,alone.=ulnn- a,:uo�_r� Owner: Anlla F.Alofske FMOl, Tye 141I1 nv4o HI3L WoO CM11wb: n FhaWhT,r;.I xlwk6FU167.:d G-xidlu Caton State Fan lity 10: 3111194/3 - Federal FaNlnyl@ �1110,A BL sO4-9L. -.- 110MA37a956 Location Supplamen 1: Location Comment: Latitude: 41.64511 Lentiitude: A1.50767 v+•nrc,mn..; nih.ns r.xcu�, Laca.tlan Accuracy: m a (Fair) wo,ni;rroa Foint: Collection Method: Street Map Last Updatad:'1)2212024 IAB AM Scale: - ealleeted BY' p p.OG miles Allatte! Emergency Response - Tier II Chemical Storage Tax It 10 Exhvinelyr Haaardai••s Substance F.ATR2019QFABA129312cr Yes Sill ll Number Ar Facility? Reported fleas 110-100 OLP 1425 Yus 1110112000 102211-BICN-1920 Yes 10f22t2otl ■ '.1 B L.Aid �I dld- ``nA1 L-a.=uldm AeHal Rsnto HeaHb Hazard Flarnmatilill)f Hazard Re athilfy Hazard Yes 00 Yes Status Responsible Parry Closed Anonymous Open Proctor and Gamble Mods Link to Details To Spats Sity Other TO Spills Site "EHS are chemicals that could cause serious irreversible health effects from accidental releases." This is the most important slide today. To account for the plastics industry creating thousands of new petrochemicals that aren't on our "toxic chemical lists" The Right To Know Act formed the Extremely Hazardous Substances List. "EHS are chemicals that could cause serious irreversible health effects from accidental releases." EPCRA Right To Know ACT allows proof that the P&G has not been forthcoming about the hazards it has on site. P&G is required by law report his EHSs to the DNR. This is what the Oral B reported Emergenq Response - Tier II Chemical Storage Tier II 1 Q Extremely Hazardous Sub&tanae Health Hazard Flammability Hazard Reactivity Hazard FAIP2019QFAKM29312C Yes Yes No Yes 13 Indefensible practices of siting housing & industrial zones together are finally coming to an end in the US, thanks to 50 years of relentless Environmental Justice pursuits. Federal laws now mandate tracking each industry and their hazardous pollutants: EPCRA, TRI, RCRA, CERCLA, ICIS, TSCA ...etc. Allowing planners and home buyers an opportunity to survey the area for hazards. This image of Air Pollution and Toxic Release sites is easily accessed via: EPA/My vironm-ent/ Laws to ban the plastics industry from using, creating or emitting Extremely Hazardous Substances (EHS) in this country is as yet still taillowed. A,— Q ml }cli-li I,w.� Clly Gloikelplsa Gt�Idu�naAwl i IL t III F���x�sinc �ElrPari D, Air Pollution (1, m Q D Toxic Release I lij F. :'zc I f f.l,ti d © e1 w�FP "<a I t' $ryYds2 C✓edk https://geopub.epa.gov/myem/envmap/ Detailed Fad r �Rdl 6 riDFitTF%] 19,111R4F W{44Ai1MFN141n•Pt tT1Y� 4 }UCt Q aennna are¢ Supadund ................. 0 Hazardous Wsste, Treatment, 5 2 Water d ischargers ........ _ . 0 Air Pollution ................ 6 Brownaelds. ............ 1 TOXIC Release inventory ...... 3 15 My neighborhood, the E1Scneen indexes Shown L Related Reports 1-mile Max around Oral - By Campare to 0 o us o State is ranked among the indr= type � d F.nmrunnirrNal.niaiee (D Supplrrnrninl `worst in the state' for o Dou. load ten„ Environmental Justice Ceases clack GmupO. 191e3aez7001 State(poreentill RISKS. fwigmmenra6Juarcerndeces Faealq Cenxrx,Oiaek&raop a-mee Max r3rticulata a,aner 2.5 Ozant 0 az =3 o a 97 99th percentile for 5 I13 >80th percentile for eiesel pzzti.culate Metier =_ 095 11/13 Environmental Air Taxies Cancer Risk Air Taxies Respiasinry HazarA Index 0 56 @ 67 Indexes. l.w Releasesta Air Trafficprouin ty Lead paint 99 74 66 @ 9a 097 @ 92 Sites reporting to EPA within defined area: R%kkninagenwnI Plan(RMP l foolily pr(ntliniiy iT a94 Superfund................. 0 Hazardous wale Vmxinuty @ ao • n Hazardous Waste, Treatment, S 2 Supertund Proximity 1f 42 Water Dischargers .......... 0 Undeiground5toragetanks,IUST) is @ 44 Air Pollution ...... ......... 6 wa)rewaler Brownfields ................ 1 Toxic Release Inventory ...... 3 �. t HEALTHIMPACTS jt Fi " 1'. � -;:jr A "The ubiquity of plastics and other — petrochemicals PLASTICS AND PETROCHEMICALS Plastics are everywhere, and the industry that makes them is booming. Plastics are produced from fossil fuels. They are the biggest category of '"petrochemicals". HEALTH IMPACTS The ubiquity of plastics and other petrochemicals comes at a steep cost to our health, especially for those living near production and processing facilities. Health impacts include higher risk of cancer, asthma and respiratory illness, kidney disease, and preterm birth, low birth weight, and other adverse birth outcomes, https:l/www.momscleanairforce,or,/ uj comes at a steep cost to our health, especially for those living near production and processing facilities. Health impacts include higher risk of: . o . respiratory illness kidney disease preterm birth low birth weight other adverse birth outcomes." EPA Strengthens Protections Against Toxic Chemical Releases "People living near industrial sites that use extremely toxic substances face the risks of potentially catastrophic events." "Children are uniquely vulnerable to toxic chemical exposures." 17 "EPA announced its final updates to the Safer Communities by Chemical Accident Prevention rule... "... a foundational step toward protecting the health and safety of communities and workers on the fenceline of the petrochemical industry." "This rule includes important safeguards to hold polluting facilities accountable for the risks they pose to communities." https://www.edf.org/media/epa -strengthens-protections -against-toxic-chemical-releases WAlawa Department of Natural. Resources "Why should communities plan for air quality___? Because, health standards are being strengthened due to mounting evidence that humans and the environment are impacted by pollution more than previously believed. Every voluntary action to reduce pollution keeps our communities' air clearer which in turn contributes to a healthier place to live, both economically and environmentally_" 18 Healthcare (Rasol)_ 2V 1 May, 9(5l 603 Publishod PMC PubMod eentralO Q Phthalates and Their Impacts on Human Health Yofa! Wanol.2 and Haileng Quin Andrea Tt lardli, Academic Editor - Author informoirtm - Anc�in notes - Gopyoghf and License information PMG Disclaimer Abstract Go to: - Phthalates are a series of widely used chemicals that demonstrate to be endocrine disruptors and are detrimental to human health. Phthalates can be found in most products that have contact with plastics during producing, packaging, or delivering. Despite the short half-lives in tissues, chronic exposure to phthalates will adversely in- fluence the endocrine system and functioning of multiple organs, which has negative long-term impacts on the success of pregnancy, child growth and development, and reproductive sys- tems in both young children and adolescents. 19 National Library of Medicine National Center for Biotechnology Information Phthalates and Their impacts on Human Health "The detrimental health and environmental effects have been increasingly studied to assess the extent of the impacts on society. An important phthalate exposure route could be consisted of ingestion, inhalation, and dermal contact mainly via PCPs [9]. For the residents who live near phthalates manufacturing industries, phthalates are more likely to enter the body through absorption via the skin and the polluted air due to fugitive emission [1o]." "Children should be kept away from waste sites of factories, especially plastic manufacturers, which can help to avoid dermal and airborne intake." Environmental Justice m "...factors contributing to the hardships experienced by communities with environmental justice concerns include failures in planning or enforcing proper zoning, or the incompatibility of land uses. " "This relationship was understood by delegates who attended the First National People of Color Environmental Leadership Summit in 1991. An outcome of the Summit was the adoption of seventeen Principles of Environmental Justice. Approximately one-third of these principles are relevant to planning, urban policy, and management of the built environment. The prevalence of this theme within the Principles of Environmental Justice suggests: -> Environmental justice strives to address environmental challenges in an upstream manner by being proactive; 4 Environmental justice has a long history of targeting untenable practices in housing, land use, transportation, industrial siting, health care, and sanitation; and 3 Environmental justice is a cross -cutting issue as evidenced by the fact that the disparate impacts of redlining, infrastructure decline, deteriorating housing, lead poisoning, industrial pollution, concentrated poverty and unemployment are related problems." Fails to meet Criteria 1 fior it is not consistent with the Comprehensive Plan which seeks stability via "3 inter -related factors to create healthy and thriving communities: environment, economy, and society." 21 paYkswd jk �' �=• to v °vvmmc+oe°— ,..o. use . r JjS1 ---eism tC -- lowaCky 3C263(h Comprehensive Plan Update A"ed Mly 14,2913 R EZ23-0010 Fails to meet Criteria z for its incompatibility with the existing neighborhood Character. Data source; ECHO Detailed Facility Report - 1432 Facility https:fiecfv.epa.gov/detailed-faciii ty-report?fid=120001328056&eLt ype=sup&eLcompare=US W REZONING CRITERIA 2 REZ23-0010 Fails to meet C2 due to incompatibility with the existing neighborhood character. Easting.Neighborhood Character: Ile following demographics we noted to be within the I -mile circle sur- rounding Kirlcivood Community College KM and Proctor & Gamble Oral Care (1832 Lowcr Muscatine) manu- facturing facility. The Fast humanity found within the EPA -designated. 1-mile radius surmuading. indicates the error of statements given by the city planners and commissioners on 1l17, who said that our existing neighbor- hood character is "industrial on both sides . Wilhout clean, safe, and breathable air there is no character. No neighborhood. General Statistics M.S- Census] Total Persons 12,495 Population Density 3,96713%,gk Housing Units in Area General Statistics (ACSI 5,772 Total Persons 12,030 Percent People of Color 29% Households in Area 5,099 Households on Public Assistance 159 Persons With Low income 3,602 Percent With Low Income 30% Ace Breakdoiva (U S Census) - Persons (%) Children 5 years and younger 931 (7%) Minors 17 years and vounger 2,753 (22%) Adults 18 years and older 9.732 (789/4) Seniors 65 years mid older 1,019 (8°/a) income Breakdown (ACS) -Households f9io) Less than $15,000 345 (6-77%) $15,000 - $25,000 470 (9.22%) $25,000 - $50,000 1,090 (21.39%) $50,000 - $75,000 1,195 (23.45%) Greaser than $75,000 1,996 (39-17tA) B NWM99{IC44Aei);161 e el. �sYm.a MpF11P. nm. +�esu t •ems neew. «.M.e,y Mlecutl IomtonaonlaYu Melk�,6elm fIMOM1.1aI,lalp0'.. No aa.owe aom� �..,: •,«.Dena e.awe' ae.av,�wem m w. em.aee �s �. en tan inn a..n,•e�ama smm�nyvee 414.3 Regulations and comprehensive plan - considerations and_objectiyes — notice, adoption, distribution. "Regulations and Comprehensive Plan shall be made with consideration of the Iowa smart planning principles." 18B.1 v4GGZ-022 SILO C - 99758611 DINER a MYSIS W, REZ23-0010 Fails to meet Criteria 2 for it is incompatible with the community character. and .! ' F.T:i : !i -� . !i as defined by State Code 414.3. lr%WA, Iowa Department of Natural Resources The Iowa DNR cabs for city planners to protect clean air for better communitiesby NOT SITING hazardous industry near schools. ■��.� La 24 OTTER CUMMUNITp School children are one of the sensitive population groups that should be protected from cumulative air pollution impacts. .lu Petrochemical technology and resulting global climate change have altered our legal, financial, and public health landscapes. Laws are beginning to catch up with the petrochemical industry. P&G expansion is not a sustainable investment. im How the chemicals industry's pollution slipped under the radar car62 PETITIONS IOWA CITY, IA -{I S22w.uxecay.wxa kk==•^•-=«xv^ L..�..�/�..��..L ..ten ��../�........In....m n..1 C .. PBCi �' 4�•.Y.A.r4 4 � No- To industrial Expansion In Iowa City Residential Areas. L7q ifCIL LD [tpiOl E'Ct Re,.d9nt, https:il/www.thepetitionsite.corn/ 142 SUPPORTERS IN IOWA CITY 629/894/365/no-more-factories-in- 179 SUPPORTERS 30ftOAE town/ Petition to appose REZ23-0010: Rezoning the old Kirkwood Community College plot from residential to more industrial. 28 Late Handouts Distributed -411. 16 To the members of the Iowa City City Council: -�-lct_at I am asking you to consider the issues of EnvirorO&tal Justice when considering zoning for a third Procter & Gamble factory on the south east side, where the population is already disadvantaged in a variety of ways. The rezoning of 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble, will specifically negatively impact the hundreds of residents who live in very close proximity to this proposed factory. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics Before you decide to endorse a new, third, plastics manufacturing facility on the southeast side, please read these demographics and facts reported by the EPA at their Environmental Justice website. Here is a summary of the EPA's Environmental Justice findings for thg one -mile radius surrounding 1816 Lower Muscatine Road. Residents Have the worst air pollution in the state, Have a much lower life expectancy, Are lower income • Have a higher percentage of nonwhite people. r Please consider whether you really want to add to the existing load on the population surrounding the zoning request. Is it appropriate to add to the very high pollution already present? Is it fair and just to put this burden on an area that has a higher average of lower income and nonwhite populations? Is this about money for the city, versus the needs of people who are less equipped to endure the health risks? Is the quality of life less important to this population, than other areas of town? Residents living near the existing P&G/Oral-B Factory at 1832 Lower Muscatine Road report strong odors of acetone in the air on both sides of the building, as well as emanating from Ralston Creek. They report adverse health symptoms when the odors are present. Acetone is associated with the process of injection molding of plastics. The EPA has reported several toxic chemicals at the existing Oral-B facility. Please think about your decision to increase these conditions by endorsing a third plastics factory on the southeast side, where the population is more vulnerable. Janice Slake 1238 Tyler Ct Iowa City, IA 52240-2827 Kellie Grace ^ I From: Hillary Schofield <hbschofield@gmail.com> Sent: Tuesday, March 19, 2024 2:44 PM To: *City Council Late Handouts Distributed Subject: No to P&G rezoning 3- 1 ,:-- - 2- (Date) ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Council Members, I am writing to urge you to vote NO to the proposed rezoning and expansion of P&G facilities into the former Kirkwood campus on the southside of Iowa City. I live in the Longfellow neighborhood and at this distance can occasionally smell the scents from this factory. When I worked in the Towncrest area, closer to the P&G facility, and would walk around the neighborhood during my breaks I was shocked by how strong and frequent the scents were. The scents themselves are obnoxious, especially for those of us who try to avoid synthetic fragrances, and many experience allergic reactions to such chemicals. Please consider the quality of life for those living in the neighborhoods around P&G. It is already bad enough, please do not allow for it to get worse. Sincerely, Hillary Schofield 720 S 7th Ave. 52240 1 Prepared by: Melanie Comer, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; (REZ23-0010) Ordinance No. Ordinance rezoning approximately 6.25 acres of land located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public (P-1) zone to General Industrial (1-1) zone (REZ23-0010). Whereas, the owner, Oral-B Laboratories, has requested a rezoning of property located at 1810, 1816, and 1828 Lower Muscatine Road from Neighborhood Public Zone (P-1) to General Industrial (1-1); and Whereas, the Comprehensive Plan indicates that expansion of existing industries within Iowa City is beneficial in increasing the property tax base and encouraging the retention of businesses within the City; and Whereas, the Southeast District Plan identifies this district as being the ideal place to expand the City's industrial base; and Whereas, while land near the subject property is zoned residential, the Iowa Interstate Railroad and the Lower Muscatine Road right-of-way provide a degree of separation from the residential land uses and land that directly abuts the subject property is already zoned 1-1 and therefore would not alter the existing character of the neighborhood; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified General Industrial (1-1); Parcel 1 Commencing at a point in the Center of the Lower Muscatine Road in Johnson County, Iowa, which point is South 43 degrees 17 minutes East, 132.5 feet from the West Line of Lot 5, of Ohl's Subdivision in Sections 14 and 23, Township 79 North, Range 6 West of the Fifth Principal Meridian, as recorded in Plat Book 1, Page 121, in the Recorder's Office in Johnson County, Iowa; thence South 43 degrees 17 minutes East, 97 feet; thence North 47 degrees 5 minutes East, 273 feet; thence South 43 degrees 17 minutes East, 80 feet; thence North 47 degrees 5 minutes East, 744 feet to the West line of the right of way of the C.R.I. & P R.R. Co.; thence Northwesterly along said right of way 187.5 feet; thence South 47 degrees 5 minutes West, 953 feet to the place of beginning, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Parcel 2 Auditor's Parcel No. 96059, according to plat thereof recorded in Book 37, Page 16, Plat of Records of Johnson County, Iowa, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Parcel 3 Auditor's Parcel No. 2011123., according to Plat of Survey recorded in Book 57, Page 158, Plat of Records of Johnson County, Iowa. Ordinance No. Page 2 Parcel 4 Auditor's Parcel No. 96060, according to the plat thereof recorded in Book 37, Page 16, Plat Records of Johnson County, Iowa, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Parcel 5 Auditor's Parcel No. 96099, according to the plat thereof recorded in Book 37, Page 88, Plat Records of Johnson County, Iowa, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Parcel 6 Commencing at the intersection of the East line of the Northeast Quarter of the Southwest Quarter of Section 14, Township 79 North, Range 6 West of the Fifth Principal Meridian, and the centerline of the Lower Muscatine Road, which point is 101 feet North of the Southeast corner of said Quarter; thence South 43 degrees 19 minutes East, along the said centerline 440.5 feet to the point of beginning; thence North 47 degrees 05 minutes East, 201.5 feet; thence North 43 degrees 19 minutes West, 100 feet; thence South 47 degrees 05 minutes West, 201.5 feet; thence South 43 degrees 19 minutes East, 100 feet to the point of beginning, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Parcel 7 Auditor's Parcel No. 96100, according to the plat thereof recorded in Book 37, Page 87, Plat Records of Johnson County, Iowa, Except for that land conveyed to the City of Iowa City, Iowa, in Book 4885, Page 683 in Plat Records of Johnson County, Iowa. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of Mayor Attest: City Clerk 2024. Approved by City Attorney's Office (Sara Hektoen — 03/07/2024) Ordinance No. Page It was moved by and seconded by the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Dunn Harmsen Moe Salih Teague that First Consideration 03 / 19 / 2024 VoteforpaSSage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Second Consideration _ Vote for passage: Date published Kellie Grace From: Annie Tucker <annie.h.tucker@gmail.com> Sent: Tuesday, February 20, 2024 8:00 PM To: *City Council Subject: plz do not rezone the Kirkwood CC site A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Iowa City Councilors J Friends, I have received the information below about the proposed rezoning of the Kirkwood Community College property that has been purchased by Procter & Gamble. I urge you to vote against this rezoning, for the reasons cited in the sections below that I have highlighted and: If you are concerned about bringing jobs into Iowa City as a reason to allow this, please consider that a work site that generates harmful odors in the surrounding neighborhoods is not a safe place to work. Also, fyi, it might be worth finding out how many of the `positions' P&G currently employs are actual employees as opposed to temp workers. I worked as a temp worker for a while at Oral B in the 90 s. (P&G took over Oral B). I was not the only temp worker there. While temp jobs are employment, it is not a guaranteed income since the employer can at any time of any shift send people home early due to 'not enough work.' You are only paid for time worked. It would be worth finding out what is the nature of the employment offered and committed to by P&G in this new site before believing increased employment is a good reason to allow them to build their factory there. Third, P&G purchased this site before having a guarantee that their desired use was J is possible / allowed. That is a business risk they took and it is not the responsibility of the Council or the community to support their plans. Fourth, when 1 read what is highlighted below about the existing harm to residents in neighborhoods near the two P & G plants, and the potential damage to the property values in the adjacent neighborhoods, I support asking the question: Would the Council allow this factory in more affluent neighborhoods? Although it is on a busy street, there are homes just across the street. It IS in a neighborhood. Finally, denying this request for rezoning opens up the possibility of a creative use of the Kirkwood Campus spaces inside and out. What would be a purpose that would strengthen our community's resilience? Could it be a space for nonprofit organizations? Could it be a space for unhoused community members? Could it be a teen center? I even wonder if it could become low income rentals or even low income owner -occupied units? We are a creative community: Let's put our mind to meeting community needs with this fantastic building! Information I received is below. Thank you for reading this and for thinking outside the box to benefit our community. Annie Tucker 91 Prairie Hill Lane Iowa City, IA 52246 Rezoning summary The Kirkwood Community College property (on Lower Muscatine Avenue) has been purchased by Procter & Gamble, and they are seeking rezoning from P-1 (Public Use) to 1-1 (General Industrial, which includes manufacture of chemicals) P&G says they will use the Kirkwood property to expand oral care, like toothbrushes, and claim there won't be any chemicals or odors (although acetone odors exist at the Oral-B building). P&G has already established itself as a source of noxious odors from two sources: • The Oral-B factory on Mall Drive. Oral-B has been taken over by P&G. Since this takeover, residents living behind the factory (H Street, I Street, J Street) have been suffering illness due to strong smells of acetone (like nail polish remover). Residents report headaches and shortness of breath. • Their facility on east Highway 6 (Gain detergent, Fabreeze, Head & Shoulders, Dawn, etc). Residents within a two-mile range report complaints of strong odors, and some get headaches, nausea, dizziness. Key Points to address to City Council: • As the south and east side gets a reputation for noxious odors, property values will drop. No one will want to buy homes in this area. The Kirkwood property is nestled among numerous neighborhoods on all sides, and four schools within a mile. • The average per capita income of households within a mile radius of P&G Oral Care is $33,746, according to EPA's Environmental Justice Report. Is this a case of designating substandard and unhealthy living conditions to lower income people? Is this how the City Council would treat people in more affluent areas? • Numerous complaints about strong noxious odors and ill health effects as described above. • Give us additional time to collect data from residents, get signatures on a petition, and get information from the EPA. Petition against the rezoning: https://www.th ey etitio nsite. co m/629/894/365/no-m ore-factories-i n-town / Summary by Anne Marie Kraus annemariekraus@Rmail.com Kellie Grace From: Sonia Ettinger <spcettinger@yahoo.com> Sent: Wednesday, March 6, 2024 3:44 PM To: *City Council Subject: P&G plastics ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Mayor and Council, Do any of you have children at the schools in the hinterland of the P&G factory? Can you honestly say you have not smelled the fumes from P&G? The smell is more than unpleasant- it is toxic. Have you read any of the articles about air pollution? You may be interested to attend a talk on air pollution, especially as it relates to wildfires, at the Senior Center on Wednesday March 13th .5.30-6.30. In fact the speaker is Charles Stanier, Professor of Chemical and Biochemical Engineering at the UI Iowa City has usually prided itself on being a good city for families. How is it that money has spoken and the Council is now considering ignoring the needs of its residents- we are not inTexas!! Have you ever thought of requesting the opinion of the Pulmonary Department of the UIHC on the effects of acetone and other toxic fumes.? Money from property taxes must not dominate the Council's decisions to reassign the zoning areas around the Longfellow neighborhood. Nor must it drive where more apartment blocks are built.[who designed the monster at Myrtle Ave]. I might add that not only students and families wish to live in Iowa City but also the senior generation who want to avoid big city traffic- and air pollution! and/or to live near their families. [We happen to need more senior friendly condos which are not built to a 2 bedroom box plan.] But let's be proud to have an environmentally desirable community and let's not make hasty judgments. Sonia Ettinger 230 Magowan Ave Iowa City 52246 [[50 year resident!!] 319 331 1156 Kellie Grace From: Mackenzie DeRoo <Mackenzie@greateriowacity.com> Sent: Friday, March 8, 2024 9:59 AM To: *City Council Cc: Nancy Bird; Geoff Fruin Subject: Greater IC Letter of Support for Kirkwood Rezoning Attachments: We sent you safe versions of your files; Greater IC Letter - Kirkwood Rezoning Support.pdf A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Iowa City City Council, Greater Iowa City, Inc. is submitting the attached letter in support of the proposed Kirkwood rezoning to be reviewed at your March 19 meeting. Sincerely, Mackenzie DeRoo Mackenzie DeRoo (she/her) I Senior Director of Advocacy Greater Iowa City, Inc. 136 S. Dubuque Street, Iowa City 701.367.4916 1 areatedowacitv.com ® GREATER IOWA CITY, INC. GREATER IOWA CITY, INC. 136 S. Dubuque Street Iowa City, IA 52240 319.337.9637 greateriowacity.com March 8, 2024 Iowa City City Council 410 E Washington Street Iowa City, IA 52240 Dear Honorable Mayor and City Council: We are writing in support of the proposed rezoning of the former Kirkwood Community College campus (1810, 1816, and 1828 Lower Muscatine Road). Approving this rezoning allows Procter & Gamble to expand their Iowa City operations, further embedding this important economic driver into our community. Procter & Gamble has been a cornerstone of our local economy since 1956. They employ over 1,200 people with high -quality jobs accessible to individuals from all backgrounds and education levels. Since 2017, P&G has invested more than $450 million into their local facilities and added approximately 160 high -quality jobs. Procter & Gamble is invested in our community, supporting economic development organizations and nonprofits through cash donations, health and hygiene product donations, and volunteer hours. They partner with both the University of Iowa College of Dentistry and Kirkwood Community College to train the next generation of dentists and dental hygienists. P&G supports their employees and their families and has provided disaster relief in the wake of flooding, tornados, and the Derecho, given COVID pandemic support through PPE donations, and partnered with Grant Wood Elementary school. In addition, P&G employees give back through their participation in organizations such as the United Way of Johnson and Washington Counties, Domestic Violence Intervention Program, 100+ Men/Women Who Care, HAVLife, American Heart Association, PRIDE Parade, Iowa Homecoming, Iowa Mission of Mercy, and Habitat for Humanity. We cannot take Procter & Gamble's presence in Iowa City for granted. As an international company, they have many options for where to locate their operations, and only a few years ago considered leaving our community. We should be encouraged that today Procter & Gamble not only wants to stay here, but grow here. This growth will create more jobs, bolster the business ecosystem that revolves around P&G, and increase tax revenue the city needs to fund critical services. We are aware of residents' concerns about additional manufacturing in their neighborhood, but we see the rezoning as a first step towards further investment in the Sycamore Mall area. Greater Iowa City, Inc. is excited by the prospect of collaborating with city leaders, Procter & Gamble and other area businesses, as well as residents to create a vision for a vibrant neighborhood supported by strategic investment and targeted incentives programs. We respectfully ask you to allow us to begin this work by approving the proposed rezoning. Sincerely, Nancy Bird President & CEO 1411ae k n u f� rro Mackenzie DeRoo Senior Director of Advocacy Kellie Grace From: Tom Carsner <carsner@mchsi.com> Sent: Saturday, March 9, 2024 10:11 AM To: *City Council Subject: Slow P&G Rezoning ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To The City Council: My residence is within one mile of the present Procter & Gamble plant in east Iowa City. P&G has made many positive contributions to east Iowa City and the city as whole. However, I urge the Council to slow the process of considering its proposed expansion by rezoning the present Kirkwood campus. The City needs to know more specifically the types of chemical emissions and their concentrations from the present plant before granting rezoning to expand. This measurement must be done by an established third party to ensure accuracy and no bias. P&G has plenty of resources to pay for this measurement process. When this measurement is complete, the Council will have more complete facts on which to base a rezoning decision. Rezoning is one of the most powerful tools the Council has to guide the growth of Iowa City. Rezonings are not deserved, rezonings must be earned by the applicants. The health of east side residents is important and deserves this full consideration. Thank you for your consideration of this issue. Tom Carsner Iowa City Kellie Grace From: MARY Kirkpatrick <patchworkmaryj@msn.com> Sent: Saturday, March 9, 2024 10:34 AM To: *City Council Subject: NO to P&G request! A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To City Council members, I am submitting an urgent and passionate plea, asking you to oppose the request for rezoning for the Kirkwood property by P&GH Having an industrial plant in a residential neighborhood is a terrible idea! I believe that a vulnerable neighborhood is being targeted. Many of the people who live in this area are lower income and people of color. They deserve to be protected from an industrial plant that uses toxic chemicals! Would the city council consider this rezoning if it was in an area where people with high incomes live in expensive houses? I think not. Please make all people's health and safety the priority over the request of a huge corporation whose priority is money, not the well-being of people in Iowa City!! Thank you so much for making your decisions based on what is best for the people of Iowa City!! Mary Kirkpatrick 431 Elmridge Avenue Iowa City 319 430-0861 Kellie Grace From: Blair Frank <bfrankecorev@a gmail.com> Sent: Saturday, March 9, 2024 10:45 AM To: 'City Council Subject: New PG Plant - NO! ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Greetings! I am a citizen of Iowa City strongly opposed to the idea of a PG Plant at the site of the Kirkwood Community College! This is a residential area - or it should be! We live in close proximity. This is a vulnerable neighborhood with low income!!! I envision parks and gardens and children in the area - not a Chemical plant! This is NOT WORTH THE MONEY! It's certainly NOT WORTH THE RISK TO THE PEOPLE IN THE COMMUNITY! Base your decision on the health concerns of the people of Iowa City and if you feel the need to put a PG Plant in the city limits see if you can put it in a high income area!!! Search your hearts and give me the reasons for a plant here and how it would benefit the wellbeing of Iowa City! I ask for a substantive response! I am sharing my letter with friends and neighbors who like me have watched many leave the state of Iowa due to the fear filled obsessions with industrialization and militarization of Iowa! Many have family members who have left the state because of the unfriendly way this state is being run. My two daughters have left the state! Sent from my iPad blair frank 319-721-7741 Rainbow Homestead & Gaia's Peace Garden Kellie Grace From: Karen Kubby <karen@beadologyiowa.com> Sent: Sunday, March 10, 2024 4:04 PM To: *City Council Subject: P&G Zoning Request A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** City Council, As you deliberate about the P&G rezoning request, I would like to propose a process that could embrace community building versus creating wider divides. In general,) am supportive of this zoning change at this particular location since it is in between a current manufacturing facility and an electrical station. What is different about this particular piece of property is that there are residential neighborhoods adjacent to and across from it. Since P&G is not sure how they will use this property in the future, council will lose any control for some additional conditions if it says "yes" to rezoning without any further process. My hope is that the council will continue the public hearing and confer with P&Z about a conditional zoning agreement. In the meantime, P&G might voluntarily have a good neighbor meeting. At this meeting, P&G could explain their commitment to the community, what they might warehouse or manufacture on the site in the future, outline the regulated materials they currently use in local manufacturing, what technologies/strategies they use to mitigate emissions, how compliance with the regs is monitored (internally and by the DNR) and what the wage range is of the jobs they create in our community. It would be areal education about a major employer in our midst. The neighbors might talk about their support and concerns of P&G as a neighbor. They would likely share health challenges they attribute to P&G emissions. Maybe everyone might understand each other better, no matter what happens at P&Z or at council. In terms of potential areas touched upon in a conditional zoning agreement: *If the site is developed for manufacturing, then: 1. lighting from the parking lot will not pass the property line so it does not enter neighbors properties. 2. Emissions standards are more restrictive than the state, especially for those items associated with symptoms the neighbors are experiencing. (what is the next level above state regs that is economically feasible?) or maybe its substances that are not regulated by the state that might result in some health concerns. 3. Stormwater runoff exceeds standards (if any) currently in place for (acetone --insert other chems here, too). 4. Any issues with water or wastewater issues that might burden our current city facilities. 5. Any issues that might call for more training by our fire department in dealing with hazardous materials. 6. Any issues that might need additional monitoring of disposing of hazardous waste. *If the site is developed for warehousing, then, 1. lighting from the parking lot will not pass the property line so it does not enter neighbors properties. 2. Trucks pick up and deliver between the hours of 8am and 6pm. I hope these thoughts are helpful in moving this proposal forward in the community spirit in which they are given. Karen Kubby 1425 Ridge Street Iowa City, IA 52240 Kellie Grace From: Hirst, Donna L <donna-hirst@uiowa.edu> Sent: Sunday, March 10, 2024 6:31 PM To: *City Council Subject: Proctor and Gamble Purchase RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** I am concerned about the possible purchase of the Iowa City Kirkwood campus by Proctor and Gamble. If this purchase is approved, please make sure that you are assured that all safety considerations have been made, that they are looking out for the health and quality of life of the southeast side, and that you have all the information about potential risks to health and environment. Thank you, Donna Hirst i Kellie Grace From: Susan Henke <susan_henke@yahoo.com> Sent: Sunday, March 10, 2024 7:32 PM To: *City Council Subject: Rezoning Kirkwood Buiding A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Council Members: I am against the rezoning for toxic industrial use as has been thoroughly researched and presented by Anne Marie Kraus and others in our area. Susan Henke. 1507 Crosby Lane. Iowa City IA 52240 Sent from Yahoo Mail for iPhone Kellie Grace From: Becky Hall <beckyha112012@gmaii.com> Sent: Sunday, March 10, 2024 10:44 PM To: *City Council RISE( This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. " To the members of the Iowa City City Council: I am asking you to consider the issues of Environmental Justice when considering zoning for a third Procter & Gamble factory on the south east side, where the population is already disadvantaged in a variety of ways. The rezoning of 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble, will specifically negatively impact the hundreds of residents who live in very close proximity to this proposed factory. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics Before you decide to endorse a new, third, plastics manufacturing facility on the southeast side, please read these demographics and facts reported by the EPA at their Environmental Justice website. Here is a summary of the EPA's Environmental Justice findings for the one -mile radius surrounding 1816 Lower Muscatine Road. Residents • Have the worst air pollution in the state, • Have a much lower life expectancy, • Are lower income • Have a higher percentage of nonwhite people. Please consider whether you really want to add to the existing load on the population surrounding the zoning request. Is it appropriate to add to the very high pollution already present? Is it fair and just to put this burden on an area that has a higher average of lower income and nonwhite populations? Is this about money for the city, versus the needs of people who are less equipped to endure the health risks? Is the quality of life less important to this population, than other areas of town? Residents living near the existing P&G%Oral-B Factory at 1832 Lower Muscatine Road report strong odors of acetone in the air on both sides of the building, as well as emanating from Ralston Creek. They report adverse health symptoms when the odors are present. Acetone is associated with the process of injection molding of plastics. The EPA has reported several toxic chemicals at the existing Oral-B facility. Please think about your decision to increase these conditions by endorsing a third plastics factory on the southeast side, where the population is more vulnerable. Becky Hall Long time Iowa City Resident Kellie Grace From: ggcharlie Lange <langeggcharlie@gmail.com> Sent: Monday, March 11, 2024 10:11 AM To: *City Council Subject: please consider ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To the members of the Iowa City City Council: I am asking you to consider the issues of Environmental Justice when considering zoning for a third Procter & Gamble factory on the south east side, where the population is already disadvantaged in a variety of ways. The rezoning of 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble, will specifically negatively impact the hundreds of residents who live in very close proximity to this proposed factory. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics Before you decide to endorse a new, third, plastics manufacturing facility on the southeast side, please read these demographics and facts reported by the EPA at their Environmental Justice website. Here is a summary of the EPA's Environmental Justice findings for the one -mile radius surrounding 1816 Lower Muscatine Road. Residents Have the worst air pollution in the state, • Have a much lower life expectancy, • Are lower income - Have a higher percentage of nonwhite people. Please consider whether you really want to add to the existing load on the population surrounding the zoning request. Is it appropriate to add to the very high pollution already present? Is it fair and just to put this burden on an area that has a higher average of lower income and nonwhite populations? Is this about money for the city, versus the needs of people who are less equipped to endure the health risks? Is the quality of life less important to this population, than other areas of town? Residents living near the existing P&G/Oral-B Factory at 1832 Lower Muscatine Road report strong odors of acetone in the air on both sides of the building, as well as emanating from Ralston Creek. They report adverse health symptoms when the odors are present. Acetone is associated with the process of injection molding of plastics. The EPA has reported several toxic chemicals at the existing Oral-B facility. Please think about your decision to increase these conditions by endorsing a third plastics factory on the southeast side, where the population is more vulnerable. Charlene Lange 1209 Diana St Iowa City is langeggcharlie@gmail.com Kellie Grace From: Susan Dasovich <dasosue@gmail.com> Sent: Monday, March 11, 2024 10:53 AM To: *City Council Subject: Proposal to rezone 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear City Council, I am writing you with concerns about the effort to rezone 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble. The existing Oral-BtP&G factory at 1832 Lower Muscatine Road is already a source of strong chemical odors of acetone, which makes area residents ill. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics, including acetone and other chemicals on the EPA's HAP (Hazardous Air Pollutants) list. While the Council may be pleased with additional tax dollars obtained from P&G, this is a short-term financial gain. In the long term, tax revenues will shrink due to overall declining property values. Making the southeast side into an increasingly industrialized area will reduce the desirability of living in an area blighted with chemical odors, increased traffic, and lower life expectancy. In addition to these facts, I would hope that a City Councilor would understand and value the concept of "quality of life." If being outdoors means noxious odors, shortness of breath, and headaches, this is a poor quality of life. I would hope that our City Council would protect quality of life, even for the lower income areas. I urge you to delay any voting until the Council has conducted a full investigation of the potential risks of rezoning. I urge the Council to wait until adequate testing of the air and water can be conducted. urge the council to obtain a legally binding commitment from Procter & Gamble to go above and beyond the minimum requirements and exemptions to ensure that no toxins or odors of any kind emanate from the existing Oral-B before considering an additional factory. • The most recent stack testing was documented in 2001, and should be updated. • The EPA has a RCRA (Resource Conservation and Recovery Act) report on Oral-B, documenting the presence of chemicals including Barium, Lead, Benzene, Methylene chloride, Chromium, Xylene, Acetone, Toulene, Xylene, Chlorobenzene, etc. most of which are on the EPA's HAP (Hazardous Air Pollutants) list. • The EPA has classified Oral-B as a Tier II Chemical Storage Facility with "extremely hazardous substances", updated 1/22/24. • Oral-B is currently registered as an SQG (small quantity generator) which means they generate between 220-2200 Ibs of hazardous waste a month. • Oral-B is not required to report their hazardous waste because they have a Small Unit Exemption (SUE) which allows 5 tons per year of hazardous air pollutants, 5 tons per year of volatile organic compounds, and more. • Acetone is not only present in the air near Oral-B, but it is detectable by smell emanating from Ralston Creek near the factory. The acetone has been documented by a lab report on file in the City of Iowa City's stormwater analysis. The extreme quantity of acetone in the stormwater "exceeds the calibration range of the instrument." • An Iowa DNR staff person says "I was unable to locate any formal complaints" about Oral-B, when there indeed have been registered complaints. • The EPA's Environmental Justice website has mapping tools which aggregate demographics and pollutants for an area. The EPA reports that in a one -mile radius surrounding Oral-B, the residents: • are 30% low-income (some targeted areas up to 50% low income) • are 29% people of color • have a life expectancy of 50-60 years (some areas less) • already have substantial air pollution. Before you vote on this issue, I ask that you abide by the Comprehensive Plan to "create healthy and thriving communities" by ensuring that you have thoroughly investigated all aspects of safety and public health. I hope that you place the health and quality of life of our citizens as your top priority. Thank you, Susan Dasovich 3352 Hanover Ct Iowa City Kellie Grace From: Jane Shuttleworth <lakesidejane@gmail.com> Sent: Monday, March 11, 2024 12:09 PM To: *City Council Subject: P &G re -zoning and environmental justice RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To the members of the Iowa City City Council: I am asking you to consider the issues of Environmental Justice when considering zoning for a third Procter & Gamble factory on the south east side, where the population is already disadvantaged in a variety of ways. The rezoning of 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble, will specifically negatively impact the hundreds of residents who live in very close proximity to this proposed factory. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics Before you decide to endorse a new, third, plastics manufacturing facility on the southeast side, please read these demographics and facts reported by the EPA at their Environmental Justice website. Here is a summary of the EPA's Environmental Justice findings for the one -mile radius surrounding 1816 Lower Muscatine Road. Residents • Have the worst air pollution in the state, • Have a much lower life expectancy, • Are lower income • Have a higher percentage of nonwhite people. Please consider whether you really want to add to the existing load on the population surrounding the zoning request. Is it appropriate to add to the very high pollution already present? Is it fair and just to put this burden on an area that has a higher average of lower income and nonwhite populations? Is this about money for the city, versus the needs of people who are less equipped to endure the health risks? Is the quality of life less important to this population, than other areas of town? Residents living near the existing P&GJOral-B Factory at 1832 Lower Muscatine Road report strong odors of acetone in the air on both sides of the building, as well as emanating from Ralston Creek. They report adverse health symptoms when the odors are present. Acetone is associated with the process of injection molding of plastics. The EPA has reported several toxic chemicals at the existing Oral-B facility. Please think about your decision to increase these conditions by endorsing a third plastics factory on the southeast side, where the population is more vulnerable. Jane Shuttleworth IO Ridgewood Lane Ia City IA ❑x ReptyReply allForward You can't react with an emoji to a large group Kellie Grace From: Lula Palmer <lula@brentopalmer.coms Sent: Tuesday, March 12, 2024 8:14 PM To: *City Council Subject: Environmental Justice A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To the members of the Iowa City City Council: I am asking you to consider the issues of Environmental Justice when considering zoning for a third Procter & Gamble factory on the south east side, where the population is already disadvantaged in a variety of ways. The rezoning of 1816 Lower Muscatine Road to General Industrial, for the benefit of Procter & Gamble, will specifically negatively impact the hundreds of residents who live in very close proximity to this proposed factory. While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics Before you decide to endorse a new, third, plastics manufacturing facility on the southeast side, please read these demographics and facts reported by the EPA at their Environmental Justice website. Here is a summary of the EPA's Environmental Justice findings for the one -mile radius surrounding 1816 Lower Muscatine Road. Residents • Have the worst air pollution in the state, • Have a much lower life expectancy, • Are lower income • Have a higher percentage of nonwhite people. Lula Palmer 100 Grannies Iowa City Kellie Grace From: Thomas Cook <thomas.cook.iowa@gmail.com> Sent: Wednesday, March 13, 2024 3:24 PM To: *City Council Subject: Rezoning P&G property on Lower Muscatine Avenue RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members: After 43 years living in Iowa City, this is the first time I have written to the council. I strongly oppose the immediate rezoning of the former Kirkwood campus property on Lower Muscatine Ave for expanded industrial production by P&G. We live less than a mile and a half away and, depending on the wind direction, have experienced the chemical odors that those living closer to the Oral-B facility report on a regular basis. As I'm sure you know, the EPA has documented that operations at the Oral-B factory utilize a host of chemicals that are recognized as potentially hazardous air pollutants (Barium, Lead, Benzene, Methylene chloride, Chromium, Xylene, Acetone, Toluene, Chlorobenzene, and others). The EPA's Small Unit Exemption that excuses P&G from reporting these chemicals is a questionable safeguard for those living near the plant. It doesn't take five tons per year (10,000 pounds) of any of these compounds to cause a serious health problem; a daily cumulative dose may be enough for many of the 12,000 residents living within one mile of the facility. This rezoning request raises several interesting questions: 1. Do any P&G executives live close to the plant or near Ralston Creek that smells of acetone? 2. If this request was to rezone a property for similar use next to the city building downtown, would you approve it? 3. Do the 800 students at Southeast Junior High have more respiratory problems than their counterparts at other schools? I think the answers are: no, no, and we don't know. What's the rush? P&G's profitability isn't dependent on an to represent the best interests of the people of Iowa City. Thanks for reading this. Tom Cook 2835 Friendship St. immediate decision. The council needs ALL the people. Kellie Grace From: Linda Quinn <quinnhenryL7a msn.com> Sent: Wednesday, March 13, 2024 6:20 PM To: *City Council Subject: Rezoning for P & G RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear Council Members, Thank you for your important work for our fair city. I trust that you are looking out for the health and quality of life for everyone. A big task, for sure to balance that with business interests, like Procter & Gamble. While & G employs hundreds of people, their factory poses risks for many more people than that. Your careful consideration for their expansion is critical. Rezoning to General Industrial which allows for chemical manufacturing is cause for alarm to nearby residents. I am one of the residents living about 2 miles from the proposed site at 1816 Lower Muscatine Road. Here is information that is causing me alarm: • The existing P&G/ Oral-B factory at 1832 Lower Muscatine Road already manufactures toothbrushes with injection molding, and resulting noxious odors are causing health problems in residents. • The EPA calls the Oral-B Factory a hazardous waste generator. https://e nvi ro. epa. gov/envirofacts/rcrai nfo/facil itv?ha nd lerl d=IAR000001552 • The following chemicals have been reported at the Oral-B factory by the EPA: Barium, Lead, Benzene, Methylene chloride, Chromium, Xylene, Acetone, Toulene, Xylene, Chlorobenzene, etc. most of which are on the EPA's HAP (Hazardous Air Pollutants) list. • The reason that P&G do not report or admit that they are using these chemicals is that they have a Small Unit Exception (SUE), exempting them from reporting these chemicals • A Small Unit Exception means they are allowed to produce these chemicals (and more) per year without reporting: • 5 tons per year of hazardous air pollutants • 5 tons per year of volatile organic compounds (VOCs) https://www.iowadnr :eov/nortals/idnr/uploads/air/insidednr/conpermit/factsheetsu pdf I ask that you defer the Public Hearing and defer voting on this rezoning until further research can be done. Give the residents a chance to collect data (pollutants are more detectable in the warmer months). I ask the council that you give more thoughtful discussion of how this rezoning will compromise the lives of residents in the area. Thank you for listening to my concerns, Sincerely Linda Quinn 39 Montgomery Place, Iowa City Kellie Grace From: Cheryl Ridgeway <cherylann.ridgeway@gmail.com> Sent: Thursday, March 14, 2024 8:38 AM To: *City Council Subject: Fwd: Rezoning issue - Kirkwood Community College area RISK ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear council members, As I understand it, a public hearing on the Kirkwood Community College issue is scheduled for March 19 and I want to again express my opposition to the rezoning plan on the basis of the potential public health impact. (Please see my original message below.) The following information was taken with permission from another community member's research on the issue. This is not a complete list: — While P&G has stated that they are just planning to make toothbrushes, not chemicals, there are indeed noxious (and mostly toxic) chemicals associated with injection molding of plastics, including acetone and other chemicals on the EPA's HAP (Hazardous Air Pollutants) list. — The EPA has a RCRA (Resource Conservation and Recovery Act) report on Oral-B, documenting the presence of chemicals including Barium, Lead, Benzene, Methylene chloride, Chromium, Xylene, Acetone, Toulene, Xylene, Chlorobenzene, etc. most of which are on the EPA's HAP (Hazardous Air Pollutants) list. — Acetone is not only present in the air near Oral-B, but it is detectable by smell emanating from Ralston Creek near the factory. The acetone has been documented by a lab report on file in the City of Iowa City's stormwater analysis. The extreme quantity of acetone in the stormwater "exceeds the calibration range of the instrument" Please seriously consider the negative impacts to the community and to the environment with this rezoning. Imagine yourselves living across the street, a few blocks from or even within a mile of this factory. There must be good alternatives for P&G and for the Kirkwood site. Thank you, Cheryl Ridgeway Sent from my Mad Begin forwarded message: From: Cheryl Ridgeway <cherylann.ridgeway@gmail.com> Date: January 16, 2024 at 9:48:27 PM CST To: council@iowa-city.org Subject: Rezoning issue - Kirkwood Community College area Dear Council Members, I ask that you think carefully about the re -zoning request by Proctor and Gamble (P&G) for the Kirkwood Community land on Muscatine Avenue from P-1 to 1-1 (General Industrial manufacturing of chemicals). My concern is that the deeply established residential area and the nearby schools would be exposed to chemical pollution from the facilities manufacturing processes of P&G should the re -zoning be approved. As I've heard from those currently living on the SE side, P&G fumes are already a health concern and expanding to the Muscatine Avenue location will exacerbate this situation for many. Please seriously consider the health and wellbeing of our Iowa City residents, young and old, who will be affected. Please also take into account Iowa City's Climate Action Plan and at the very least, insist P&G mitigate their sources of air pollution before operating from this site. Thank you, Cheryl Ridgeway Iowa City resident Sent from my Wad