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Home My WebLink About04-05-2007 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, April 2, 2007 -7:30 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street Thursday, April 5, 2007 - 7:30 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Rezoning Item: REZ07 -00003: Discussion of an application submitted by Alpha Chi Omega Sorority for a rezoning from Neighborhood Stabilization Residential (RNS-20) zone to Planned Development Overlay / Neighborhood Stabilization Residential (OPD/RNS-20) zone and a Sensitive Areas Development Plan to allow the grading of regulated slopes on approximately .77 acres of property located at 828 E. Washington Street. (45-day limitation period: April 28, 2007) D. Other Items 1. Complete Streets Policy presentation 2. Update on Central Planning District E. Consideration of the March 15, 2007 Meeting Minutes F. Adjournment Informal Formal June 4 STAFF REPORT To: Planning & Zoning Commission Prepared by: Drew E. Westberg, Planning Intern Item: REZ07-00003 Alpha Chi Omega 828 E. Washington Street Date: April 5, 2007 GENERAL INFORMATION: Applicant: Alpha Chi Omega House Corporation 55 N. Westminster St. Iowa City, IA 52245 Contact Person: Dan Broffitt Neumann Monson Architects 211 E. College St. Iowa City, IA 52240 Phone: (319) 338-7878 Requested Action: Rezoning from RNS-20/0CD (Neighborhood Stabilization Residential/Conservation District Overlay) to OPD/RNS-20/0CD (Planned Development Overlay/Neighborhood Stabilization Residential/Conservation District Overlay) Purpose: To allow for the construction of a 47-resident sorority house that will require grading of critical and altered protected slopes. Location: 828 E Washington Street Size: 0.77 acres Existing Land Use and Zoning: RNS-20/0CD (Multi-family Neighborhood Residential Stabilization/Conservation District Overlay) Surrounding Land Use and Zoning: North: South: East: West: Residential - RNS-20 Residential - RNS-20 Residential - RNS-12 Residential - RNS-20 Comprehensive Plan: Residential 16 to 24 Dwelling Units per Acre File Date: March 14, 2007 April 28th, 2007 45 Day Limitation Period: BACKGROUND INFORMATION: The applicant, Alpha Chi Omega (AXO) House Corporation, is requesting a rezoning to apply a 2 Planned Development Overlay for a Sensitive Areas Development to the Neighborhood Residential Stabilization/Conservation District Overly (RNS-20/0CD) zone at 828 E. Washington Street. The sorority house was severely damaged by the April 13th tornado and was subsequently razed. The applicant intends to rebuild the sorority house and include a two-story parking structure to accommodate parking needs on-site. To fit the proposed sorority house, parking structure, and driveway onto the property more than 35% of the critical slopes (slopes of 19 to 39%) as well as portions of the protected slopes (40% grade or steeper) are proposed to be re- graded. The disturbance of more than 35% of the critical slopes and the grading of previously altered protected slopes require a sensitive areas development plan and rezoning to assure that the proposed grading does not create erosion or landslides. The property is also located within the College Hill Conservation District, making the architectural design of the new AXO house subject to Historic Preservation Commission (HPC) approval. It should be noted that approval of the Sensitive Areas Overlay Plan would be subject to HPC approval of the specific building plans. ANAL YSIS: Current Zoning: The current RNS-20/0CD zone was created to stabilize and preserve the character of older neighborhoods containing a mix of housing options. Fraternal Group Living uses, such as the AXO house, are provisionally allowed in the zone. For Fraternal Group Living uses, the RNS-20 zone allows one occupant per 550 square feet of lot area and 300 square feet of floor area. The proposed occupancy of 47 meets these requirements. With the exception of building height, the plan meets the dimensional requirements of the zoning code. The applicant has indicated that they will be seeking a minor modification from the Building Official to allow a slight increase in building height above the 35 feet allowed in the in RNS-20 zone. Due to its location within the Central Planning District and the Conservation District Overlay zone, the proposed multi-family structure is subject to additional building and site design standards. These standards are intended to promote safe, attractive, pedestrian-friendly neighborhoods. Their enforcement will occur simultaneously with HPC review. Sensitive Areas Ordinance: The intent of the Regulated Slopes section of the Sensitive Areas Ordinance is to protect the stability of potentially erodible slopes from development activities and to preserve the scenic character of wooded hillsides. Generally, protected slopes of over 40% are to be avoided and protected with a buffer at the top and bottom of the slope. Development within critical slopes is discouraged but not prohibited. The ordinance makes a distinction between natural protected slopes and previously altered protected slopes. While no development activity is allowed on natural protected slopes, altered protected slopes may be further altered provided the applicant demonstrates that the resulting slope will be stable and that the alteration meets the intent of the ordinance. In this case, the protected slopes that exist on the property fall under the category of "altered protected slopes", as they contain retaining walls, and other man-made features that would not otherwise be present. In addition to this physical evidence, the applicant has submitted photographs and an engineer's statement attesting to the altered nature of the protected slopes. It is likely that the current slopes on this property resulted from grading that was done for the construction of the adjacent streets and the building that was once here. The Sensitive Areas Ordinance (SAO) allows development within such altered protected slopes provided that a professional engineer can demonstrate to the satisfaction of the City that development activity will not undermine the stability of the slope, and that the City determines the development activities are consistent with the intent of the SAO. The applicant has submitted a 3 grading plan showing how the slopes will be altered to provide for the construction of the sorority house, parking deck, and driveway. Retaining walls are proposed along the west, northwest, north and south sides of the property in order to retain the resulting slope. Storm water from the property will de directed to the driveway near the entrance of the lower level of the parking deck and then piped to an existing stormwater intake located in the alley to the north of this property. The City Engineer has reviewed the proposed grading plan and has determined that the resulting slopes are likely to be more stable post construction than the existing slopes. The applicant has provided a signed letter from Chris Stephan, P.E. explaining the construction methods and attests to the stability of the post-construction slopes. The letter also explains that Terracon has been retained as the geotechnical consultant and will be conducting a soil analysis from which it will provide recommendations for foundation work. The intent of the SAO is to protect steep slopes that provide value in terms of habitat, aesthetics, and/or greenway linkages. The slopes in question do not provide these benefits to any significant degree as they are isolated slopes in an urban setting. The SAO is not intended to prevent development on slopes such as this, provided that it can be demonstrated the development will not destabilize the remaining slopes or create erosion on this or neighboring properties. In staff's opinion, it has been demonstrated that the post-construction slopes will not be less stable than those that currently exist on the property. They are likely to be more stable as a result of the proposed grading and construction of new retaining walls. Traffic/Access: Two driveways will provide access to the site and the parking facility, located behind the building to the north. The Washington Street driveway access will be a new driveway. A previous driveway that was located in the front of the former sorority building will be eliminated. The grade of the Washington Street access will be approximately 7.5% from the street to the parking structure and will provide both ingress and egress for that level of the parking structure. The Governor Street driveway will provide both ingress and egress for the upper level of the parking facility. It will be rebuilt in the location of an existing driveway shared with the property at 17 South Governor. This drive has a grade of 8% from the street to the parking structure. Initially staff had advised the applicant to use the location of the existing driveway rather than create a new curb cut onto an arterial street. But because of the grade and angle of the driveway and because Governor is a one way street, a sharp left turn will be necessary for vehicles to enter this drive. Although the City generally attempts to limit the number of curb cuts onto arterial streets, and encourages the use of shared driveways where appropriate, the conditions in this case appear to warrant a separate driveway. If the applicant requests a separate driveway in lieu of the shared drive, staff would recommend its approval subject to the specifics being approved by the City Engineer (because this portion of Governor Street is a state highway the Iowa Department of Transportation must approve any new access). Parking: The previous AXO house provided only 8 off-street parking spaces. The proposed parking structure would provide 35 off-street parking spaces, including two handicapped parking spaces and an additional 9 bicycle spaces. The parking facility is subject to additional standards regarding the location and screening of the structure. As noted in the Comprehensive Plan, infill development within the Central Planning District should take care to create neighborhood compatible developments. Off-street parking, therefore, is regulated to ensure that large, expansive parking areas do not dominate an otherwise pedestrian-focused environment. The multi-family site development standards restrict the location of off-street parking facilities to the rear of principal buildings and require them to be hidden from view of fronting streets. Any visible portions of the parking facilities must be screened, at minimum, to theS2 standard. Additionally, a minimum ten-foot buffer landscaped to the S2 standard must separate the parking 4 facility from any adjacent properties. The plan illustrates the necessary screening along the northern property line and along the western portion of the parking structure. The HPC will review the design of the structure as part of the Conservation District Overlay permit approval process. Summary: The applicant is requesting approval of a Planned Development Overlay and Sensitive Areas Development Plan due to construction impacts to critical slopes and altered protected slopes. The area in question is isolated from other sensitive slopes and consequently provides few wildlife or ecological benefits. The slopes have been previously altered and, according to the applicant, are experiencing erosion problems. Staff feels that development of this site, including the filling and/or cutting of these slopes, would be consistent with the intent of the Sensitive Areas Ordinance. Further review of adherence to the multi-family design standards for the Central Planning District will take place during Historic Preservation Commission review. STAFF RECOMMENDATION: Staff recommends approval of REZ07 -00003, a rezoning of approximately 0.77 acres at 828 E Washington Street from Neighborhood Residential Stabilization/Conservation Overlay District (RNS-20/0CD) zone to Planned Development Overlay/Neighborhood Residential Stabilization/Conservation Overlay District (OPD/RNS-20/0CD) and approval of the associated Sensitive Areas Development Plan subject to approval building and parking structure design by the Historic Preservation Commission. ATTACHMENTS: 1. Location Map 2. Sensitive Areas Development Plan 3. Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminlstfrepllemplate.doc '-' IJ (.' .' .' .', 'W . f' Or ... . 1'/ .' t"-' 'JilZ'rf./ 7/ I = -' _ -! /:?:~~~'{'.'.'.'::-:::'::-:::'::':::'::'\__ _. ._'_ ~ II~rJ ~II ~~::. ::'::':':~~':;-'.:':~'::Y"v r./7/ /11..j, . .' .' .' . t.. . .'. ...... .... . .....1 .. Ul "- _/:y....... . -....-..-...." '., / . _. il"I"J.~..;~~o. 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I I H- ,J ! ------j ~h ! 8.11 i ~JCCOG r___..... m e m 0 Date: March 29, 2007 To: Iowa City Planning and Zoning Commission From: Kent Ralston, Assistant Transportation Planner t4Y-- Re: Complete Streets Policy At the April 3, 2007 meeting the Iowa City City Council will be considering the adoption of a Complete Streets Policy. The policy, if adopted, will require that all public street construction or reconstruction projects accommodate travel for all modes of transportation unless a specific exception is made. This policy is modeled after an existing JCCOG policy for JCCOG-funded projects. All public street projects or public street reconstruction projects (not including maintenance) in the City of Iowa City shall be designed to accommodate travel by pedestrians, bicyclists, and motorized vehicles and their passengers with the following exceptions: 1. Bicycle and pedestrian facilities are not required where they are prohibited by law as within interstate highway corridors. 2. Public transit facilities are not required on streets not serving as transit routes; the desirability of bus turn-off bays and other transit facilities will be determined on a project specific basis. 3. The cost of bicycle, pedestrian, and/or public transit facilities is excessively disproportionate to the need or probable use, defined as at least _ % of the overall project cost. The percentage to be filled in for #3 will be determined at the April 2 work session. The Complete Streets Policy does not require a specific design standard as there are many ways to design bicycle, pedestrian and transit facilities into a project. The Complete Streets Policy will be used by the Iowa City City Council when considering public street improvement projects within Iowa City. John Yapp or I will be present at your April 5, 2007 meeting to answer any questions. Jccogtp/memos/pz_complete streets. doc MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARV AT HALL March 15, 2007 PRELIMINARY MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Bob Brooks, Wally Plahutnik, Beth Koppes, Dean Shannon MEMBERS EXCUSED: Terry Smith STAFF PRESENT: Robert Miklo, Sarah Walz, Sarah Holecek OTHERS PRESENT: Martha Greer, Suzanne Bentler, Marianne Mason, Charlie Drum, Ben Galluzzo, Brent Freerks, Mike Moriarity, Steve Long, David McCoid RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 5-0 (Smith absent, Freerks recused), REZ07-00002, an application submitted by Martha Greer and Suzanne Bentler for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Medium Density Single Family (RS-8) zone of approximately 5.75 acres of property located on South Governor Street. CALL TO ORDER: Freerks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: No Discussion. REZONING ITEM: REZ07-00002, discussion of an application submitted by Martha Greer and Suzanne Bentler for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Medium Density Single Family (RS-8) zone of approximately 5.75 acres of property located on South Governor Street. Freerks announced she owns property in this area and recused herself from discussion. Freerks yielded chair duties to Eastham and left the room. Walz said that a recently completed study of housing issues in the Central Planning District indicates that single family homes are being converted to duplexes and the right of home ownership has decreased slightly in most of the RNS-12 zones. She said there is a great variety of housing available in the rezoning area, which is typical near the downtown area. The lack of owner-occupied housing on Lucas Street compared to the cluster of owner-occupied in the proposed rezoning area suggests there is a tipping point in the housing market. When the density or proportion of the rental housing gets to a certain point, the housing market tips and there is very little owner-occupied housing. A concern over affordable housing for families was brought up in the March 1 Planning and Zoning meeting, There was a concern that a zoning change to an RS-8 zone would reduce the opportunity for duplexes and opportunities for families to rent in this area. Walz said that due to the close proximity to the university, the rezoning area is likely to be marketed to student renters, Students are often able to outbid families because of their ability to pool together money. The Housing Authority has submitted a letter indicating that the experience that they have had with rental properties in the area is that the high proportion of student renters may discourage families from renting in the area. The lifestyles of families and students is sometimes in conflict. They have different schedules and expectations regarding property upkeep and noise. The applicants are seeking a housing balance. A group of home owners in the rezoning area have invested time and money into their neighborhood. They want assurance that their time and money will lead to greater Planning and Zoning Commission March 15, 2007 Page 2 stability of the neighborhood. The applicants have consciously decreased the requested rezoning area to include only the properties that would not become non-conforming in the RS-8 zone. Walz said Staff recommends approval of the application because the Comprehensive Plan encourages reinvestment in older neighborhoods and the preservation of the historic character of older neighborhoods. Staff does not believe there will be a negative impact to housing affordability. The rezoning has the support of most of the property owners in the area. Koppes asked if 615 South Governor is included as non-conforming. Walz said that 615 South Governor is currently non-conforming and will not change in the RS-8. Eastham clarified that in RNS-12 and RS-8 zones multi-family building types are not allowed. Walz added that when the area was rezoned to RNS-12 from RM-12, if the multi-family properties were conforming in RM-12 they were conforming in the RNS-12; if they were non-conforming in the RM-12 they were non-conforming in the RNS-12. As a non-conforming use they cannot expand nor can they rebuild if 75% of the value is destroyed. All of the multi-family in the proposed area came into the RNS-12 as non-conforming. Eastham asked if there would be any additional multi-family development. Walz said there could be no new multi-family development. Eastham asked if any of the 12 converted multi-family properties found in the RNS-12 study area became duplexes. Miklo said there may have been multi-family properties that were converted to single family or duplex. Eastham said we don't have sufficient data to suggest what a reasonable balance of building types is appropriate. Miklo said the map is illustrative because all of the properties on the map were at one time single family. Through zoning practices, almost all of the properties on Johnson and Dodge Street have been allowed to covert to multi-family or duplex. If this area isn't rezoned to RS-8, past experience would indicate that single family homes would continue to be converted to duplexes. Plahutnik said many properties that are currently single family rental are owned by persons that live in this rezoning area, The owners are not looking to convert their properties, they are looking to stabilize and maintain the current housing balance of the neighborhood. Miklo said rezoning this area to RS-8 is a good tool for stabilization and given the current uses and desires of the property owners it would be an appropriate zone for the area under consideration. Walz added this area is challenged by its proximity to downtown. It creates an intense rental market primarily for students and families that want to live and work close to downtown. The applicants are seeking a level playing field for students and families that want to rent or own property in this area. Public discussion was opened. Martha Greer, 530 South Governor Street, said she has lived at her home for eight years and purchased the home after it was on the market for six months. The price of the home was affordable and allowed her to use the extra money to renovate the home. She said a lot has changed in the last eight years. The last downzoning and the nuisance ordinance allowed for a transformation of the neighborhood. She added she is the owner of 517 South Governor, a single family rental property, and the co-owner of 436 South Governor, a duplex that was converted from a single-family house before the purchase. Her investment in the houses wasn't to make money, but to fix up the house and spruce up the neighborhood. She believes a downzoning to RS-8 would further stabilize the neighborhood. Suzanne Bentler, 520 South Governor Street, said she moved to the neighborhood because of its uniqueness and proximity to downtown. She put together a PowerPoint slideshow to display the recent changes the neighborhood has gone through. The duplex at 436 South Governor had a lot of money put into it to strip and paint the siding, Her house at 520 Governor also had the siding stripped and painted. The duplex at 527 South Governor was repainted by the neighbor as a service project. It was once owned by a non-profit housing agency. The multi-family property at 433 South Governor, the rooming houses on Lucas Street, and the Sorority Houses on Burlington Street show the diverse housing stock of the area. Planning and Zoning Commission March 15, 2007 Page 3 Bentler said there is concern over the further duplex development due to the additions that envelop the yard. More duplexes that envelop yards could lower property values for neighboring properties, lower quality of life for neighbors' privacy, and create more parking lots in backyards. Bentler added the owner at 416 South Governor wrote an opposition letter to the rezoning. The owner asked to not be included in the rezoning. She believes it should be included in the rezoning and preserved because was owned by Irving Weber's. She said the Housing Authority provided rental information for a city-owned duplex on Lucas Street. The Housing Authority sent a letter back and indicated that they have had trouble renting this property to single families. Marianne Mason, 640 South Lucas Street, said there are three owner-occupied properties on Lucas Street. She supports the zoning change because she likes an area with a diverse population. The parking on Lucas Street has become a problem due to the large number of student-occupied houses. She doesn't want to see the remaining single family homes be converted to a duplex or multi-family use. Charlie Drum, 1136 Franklin Street, said he lived from 1989 to 1998 on the 300 block of South Lucas Street. He left his house before the nuisance ordinance and the downzoning to RNS-12. When he lived there, there were many single family homes on Lucas Street. He believes the downzoning stopped the neighborhood from sliding away. He said when there is a combination of single family renters and owner-occupied properties it prevents the area from slipping. Ben Galluzzo, 904 Bowery Street, said he grew up at 910 Bowery and his parents still live there. The neighborhood has changed since he was a child because the student rental market has widened. The house he currently lives in was left to his parents. He enjoys the mix of housing and would like to see it maintained. He said he supported the rezoning. Brent Freerks, 443 South Governor Street, said his family bought the house about 14 years ago. He said the current zoning has the potential for larger structures and paved backyards. He likes the diversity of housing in the area and lives next to a single family rental. There has been a variety of people living in the rental property, families and students. He has put a lot of time and money into rejuvenating his house and is planning on building a front porch in the summer. It is not about keeping the students out, because they are welcome in the neighborhood; it is about keeping larger structures out and preserving the green space. Mike Moriarity, 506 South Governor Street, said he lives next to 426 South Governor, a rental property. The rental property was run-down and very unpleasant to live next to when it was owned before Steve Long, Suzanne Bentler, and Martha Greer bought it. It almost made him not buy his current house. Now, it is fixed up and is occupied occupants who respect the neighborhood. He thinks the downzoning would bring more responsibility to the neighborhood. Steve Lono, 520 South Governor Street, said he has lived in Iowa City since 1993 and moved to Governor Street in 2002. After the downzoning to RNS-12, he felt comfortable making an investment in the neighborhood. He likes the idea of having tenants and landlords on the same block. He did not intend on becoming a landlord, but whenever a house went on the market, a sense of fear went through the neighborhood. The neighborhood came together to buy properties and helped stabilize the area. Long said he has worked as a community development planner specializing in affordable housing for 15 years. The Governor Street neighborhood is a textbook example of what a neighborhood should be. There is a variety of income, housing options, ages, and buildings. One of the biggest influences on the price of housing is location. The area under consideration is near employment, education, and shopping. When renting out a property near the downtown area, the taxes and age of the house will make it difficult to be affordable. The property taxes on 433 South Governor cost about $6000 dollars per year. David McCoid, 922 Bowery Street, said he moved here about 18 months ago from Minneapolis. He moved to Bowery Street because it reminded him of the south side of Minneapolis. He supports the rezoning because he wants the neighborhood to stay as it is. Large structures should be kept out of the area. Planning and Zoning Commission March 15, 2007 Page 4 Eastham closed public discussion. Motion: Plahutnik moved to approve REZ07-00002. Brookes seconded the motion. Koppes said she wonders if the Historic Preservation Commission knows about the historic information about Irving Weber in the area. She supports the rezoning. Plahutnik said he also supports the rezoning. He asked Eastham to sum up his concerns about the affordable housing issue in the area. Brooks said he likes what this neighborhood has accomplished and their vision for the future. This neighborhood is a prime example of how to take back the neighborhood. Eastham said he likes that the neighborhood offers rental units to students and families. He is concerned the zoning change will limit the number of duplex homes in the area. He thinks the City does not have the appropriate tools to create the kind of balance that is needed for affordable housing. Eastham said this is a great example of a neighborhood taking responsibility for their properties and coming together for the good of the area. He is willing to support the downzoning. The motion passed on a vote of 5-0 (Smith absent, Freerks recused). OTHER ITEMS: Miklo said he wanted to point out the memo that was distributed for City Council meetings. It is the new rotation schedule. Miklo said there will continue to be plats and other items that aren't subject to the recent Supreme Court ruling on informal meeting agendas. These plats are routine and there will not be a need for a commission member to be present. Miklo said Eastham will be attending the National APA Conference in Philadelphia next month. The others in line were not able to go. CONSIDERATION OF 3/2/07 MEETING MINUTES: Motion: Brooks made a motion to approve the minutes as typed and corrected. Koppes seconded. Motion passed on a vote of 6-0 (Smith absent). ADJOURNMENT: Motion: Plahutnik moved to adjourn the meeting at 8:37 pm. Koppes seconded. Motion carried on a vote of 6-0 (Smith absent). C o 'iij .!!! 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