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10-06-2011 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION Thursday, October 6, 2011 - 7:00 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 REZ11-00015: Discussion of an application submitted by Al Streb for a rezoning from General Industrial (I-1)zone to Community Commercial (CC-2)zone for approximately 2.34 acres of property located on Commercial Drive. D. Code Amendment Item Discussion of an amendment to Article 14-2B of the Zoning code to provide a density bonus for Elder Apartment Housing. E. Subdivision Discussion of amendments to the subdivider's agreement regarding requirements for escrow accounts and secondary street access for Saddlebrook Part 2. F. Consideration of Meeting Minutes: September 12 and 15, 2011 G. Other H. Adjournment Upcoming Planning&Zoning Commission Meetings Informal October 17 October 31 November 14 November 28 Formal October 20 November 3 November 17 December 1 I 1 I STAFF REPORT i To Planning&Zoning Commission Prepared By Travis Kraus, Planning Intern i Item: REZ11-00015 Date: October 6, 2011 5 Lot 41,Scott-Six Industrial Park 1 4 GENERAL INFORMATION: 5 J Applicant: Al Streb 1700 Country Club Dr. I Coralville, Iowa 52241 319.338.3498 i Contact Person: Duane Musser 5 MMS Consultants Inc 1917 S Gilbert Iowa City, IA 52240 I 319.351.8282 I S' d.musser @mmsconsultants.net I I Property Owner: Streb Investment Partnership I 1700 Country Club Dr. I 1 Coralville, Iowa 52241 319.338.3498 4 I Requested Action: Rezoning from I-1 to CC-2 I Purpose: To allow a change in the allowable land uses on an i undeveloped lot within the Scott-Six Industrial Park Location: Commerce Drive,south of Liberty Dr.&north of 420th, specifically Lot 41 of Scott-Six Industrial Park I Size: 2.34 acres F Existing Land Use and Zoning: Vacant,General Industrial I-1 Surrounding Land Use and Zoning: North: Industrial I-1 f South: Industrial I-1 East: Industrial I-1 West: Commercial Retail,CC-2 Comprehensive Plan: Industrial File Date: September 15,2011 45 Day Limitation Period: November 27,2011 BACKGROUND INFORMATION The applicant,Al Streb, is requesting rezoning from General Industrial (I-1)to Community Commercial (CC-2)for a 2.34 acre parcel, located at Commerce Drive,south of Liberty Drive and north of 420th Street. Specifically,the parcel is Lot 41 of Scott-Six Industrial Park. The attached rezoning exhibit shows the current zone designations of nearby lots in the area,as well as Lot 41 to be considered for rezoning. In 1997,the Scott-Six Industrial Park was annexed into the City to fill the need for more industrial land as the BDI Industrial Park was nearing build-out. A number of economic development incentives were offered by the City to the developer to encourage industrial development, including waivers of sidewalks,sewer and water tap-on fees. Lots along Scott Boulevard were zoned Intensive Commercial (CI-1)to allow for commercial and quasi-industrial uses that would be compatible with larger industrial uses that might located in the industrial park. If rezoning is approved, previously waived fees should be paid. In 2001,the applicant requested CC-2 zoning for lots 17-22 in response to a purchase offer by Fareway Stores, Inc. The Planning and Zoning Commission recommended against the rezoning and the City Council denied the request in order to preserve the area for industrial uses and compatible uses. Concerns were expressed about mixing industrial and retail commercial traffic. However,the City Council did agree to amend the CI-1 zone to allow modest-sized grocery stores by special exception. Subsequently, Fareway Stores, Inc.applied for and was granted a special exception in 2002 to build a grocery store on lots 17& 18. In 2008,the applicant requested and was granted a rezoning from CI-1 to CC-2 for Lots 16-24 of Scott-Six Industrial Park,which includes Fareway and the adjacent gas station. While skeptical of the adjacency of CC-2 and I-1 zoning due to the potential conflict between retail traffic and industrial traffic,the staff felt there was a compelling reason to rezone given the existing development on the site:The Fareway grocery store and a gas station already occupied 3 of the lots. The remaining lots,which are located along Liberty Drive, are fairly small in size making them conducive to CC-2 uses.These lots remain undeveloped. The applicant is now requesting rezoning of Lot 41, located across the street from developed CC-2 zones,from Industrial I-1 to Community Commercial CC-2. ANALYSIS Distinctions between General Industrial Zone and Community Commercial The General Industrial I-1 Zone is intended ( ) to provide the opportunity for the development of most types of industrial firms. Regulations are designed to protect adjacent development. The zone allows for industrial service uses. The Community Commercial (CC-2)Zone is intended to provide major business districts that serve a significant segment of the total community population.The CC-2 zone allows for a variety of retail uses that generate significant customer traffic and require the access and often the exposure that major thoroughfares provide.The zone allows all types of retail uses and personal service uses, motels, restaurants,and both general and medical offices.This zone also allows residential apartments located above commercial uses. 1 Adjacent land uses Commerce Drive is a one-block long street. Lot 41 is the middle of three lots on the east side of the street. The adjacent property on Lot 40 to the north is a truck terminal/warehouse,and the adjacent property on Lot 42 to the south is warehousing. Four other lots on the east half of the block are also zoned I-1,two of which are undeveloped and two with truck and large vehicle repair businesses. Traffic Considerations The subject parcel is located on Commerce Drive across the street from developed CC-2 land. While Commerce Drive is a one-block long street that is not heavily used by traffic serving the surrounding industrial uses, it relies on Liberty Drive for access to Scott Boulevard and 420th Street for access to Highway 6. In 2011,the City upgraded 420th Street to serve a significantly expanded industrial zone. Until Taft Avenue,to the east, is upgraded, Liberty and 420th Street are the only access points for the industrial park. There is therefore some concern that additional retail traffic will interfere with industrial vehicles. j With regard to the existing commercial node at the intersection of Scott Boulevard and Highway 6,the Southeast District Plan notes that traffic has not reached a level conducive to retail commercial ] development. There are approximately 6,100 vehicles per day near this area Comprehensive Plan ) The Southeast District Plan (adopted in 2011)calls for the preservation and expansion of the industrial area along Highway 6 and the Iowa Interstate Railroad and the future land use map shows a greatly expanded industrial zone.The goals of the plan call for the City to"Protect designated industrial areas from incompatible uses,such as residential dwellings and retail and consumer services that would 1 interfere with industrial operations." Intensive commercial and qausi-industrial businesses have located in the area to take advantage of the nearby industrial and employment areas and lower land prices. Lower land prices associated with I-1 zoning serve to make industrial businesses more viable. The district plan includes the following caution regarding the commercial node at Scott Boulevard and Highway 6: "It is important to maintain areas within the city for intensive commercial, quasi-industrial, and land intensive businesses. Due to its proximity to an expanding industrial area,this [existing] node of commercially zoned property along Scott Boulevard is appropriate for such uses.The City will need to be careful not to dilute the demand for daily retail shopping by allowing too many retail commercial nodes on the east side of Iowa City. If efforts to revitalize Towncrest and to maintain the viability of the Sycamore Mall and First Avenue Commercial Corridor are to be successful,the City will need to be cautious about zoning additional land along the edge of the city for retail and office development. " Based on the stated goals in the plan and the uses proposed in the future land use map,an amendment to the Comprehensive Plan would be required in order to rezone this property. Have circumstances changed and/or additional information or factors come to light such that the proposed rezoning is in the public interest?Is additional retail commercial land needed in this part of Iowa City?If so,is this the best location for it While it could be argued that consistent zoning on both sides of the street would be appropriate, a mid- block rezoning would not. With this in mind,extending the rezoning should include consideration of the adjacent lots 40 and 42 (currently zoned I-1). Both the truck terminal/warehouse and warehousing, in 1 I i i 1 the event of rezoning all three lots,would be non-conforming;future development would be allowed in Iorder to be consistent with CC-2. 1 Nearby CC-2 lots on Liberty Drive are fairly small in size, have some visibility from Scott Boulevard and may be conducive to small retail,office, and restaurant uses.These lots likely benefit from their I immediate adjacency to the grocery store and its associated retail traffic,yet they remain undeveloped 1 I three years after their rezoning. In September of this year,a lot under the same ownership located on 1 Independence Road,was granted a special exception for a Heavy Industrial use in order to allow the ; I , establishment of a concrete batch plant. In its findings the Board cited the improvement of 420th Street ; ' 1 for industrial uses and considered the proximity of the nearest commercial zone at 800 feet to be of 4 sufficient distance to minimize conflicts between uses. , -; 1 ; I The outdoor work area, outdoor storage and noise often associated with industrial areas may limit the Imarket for retail and restaurant uses. Moreover the there is some concern that as the industrial zone is , 4, •,, developed and uses change or intensify over time,commercial uses may find the truck traffic, noise, ; , I dust or other externalities to be a nuisance. ; i I Areas of CC-2 land elsewhere in the community have vacancies or are underutilized. This should be ; 7 considered before any additional retail zoning is approved. 1 SUMMARY 1 i Based on the language and land use maps of the current comprehensive plan, staff's opinion is that an i amendment to the plan would be necessary prior to approval of this proposed rezoning. If the commission feels this the applicant has made a compelling case for the expansion of CC-2 zoning,they ; I should consider the amendment to the comprehensive plan in order to allow the rezoning. If the ! I commission wishes to consider the amendment to the comprehensive plan, it will be added to the next i agenda. ; 1 STAFF RECOMMENDATION ; 1 ; 1 Staff recommends that the rezoning for REZ11-00015,a rezoning of 2.34 acres from General Industrial(I-1) to Community Commercial(CC-2)for property located along Commerce Drive,south of Liberty Dr.&north ; ; of 420th,specifically Lot 41 of Scott-Six Industrial Park be deferred pending consideration comprehensive Iplan amendment. The application should not be approved without first amending the comprehensive ; plan. , ATIACHMENTS: 1. Location Map 2. Applicant's Statement 3. Applicant's rezoning exhibit 4. Applicant's elevations&concepts — Approved by:AL/---1/v/.4/- Robert Miklo,Senior Planner, Department of Planning and Community Development r N C r a 0 0 a O 0 w 0 cc � N cr/"� <v • sCO O pa 33N3ONIi ON1 MINN CO re co O r o � � 6 \ 1 wo433W ; ■ ISVA311100 LIME: Om 0 _ ,I REZ11-00015 Applicant's statement 9-19-11 From Duane Musser on behalf of the applicant: Here are the points that Al Streb mentioned when we met with Tom Markus about this rezoning application. I am revising the concept and will submit to you soon. * Limited truck traffic from storage facility...also limited access for that business. * Retail type traffic from Fareway& Hawkeye Convenience Store would flow easily * Tax base would be much higher for the City with the new zoning...these businesses do not request TIF * Heavy truck traffic has been entering and exiting on either Liberty Dr.or Independence. * Many heavy trucks are taking Independence to 420th to Highway 6. * Lots 19-24 currently zoned CC-2 and very close by * Over 9,000 cars travel Scott Blvd.daily • * Similar development near all Iowa City Fairway grocery store currently * Already on bus route 222 F(/ O N NC .(12 x U r Z r , EEC) a o N r N a0 1 n m•� U hJ n fn Qv 6 aww Z cn J 0 j p ��° O aa � V U 0'a 21 IS E'ilI!' I- Uz E O CD M U O Ce J — OOO Q C. t 6 &V 0 3 D N N U ° ar C o � Ou' � -0rnopoo g�oc 1 X0i-- c0 —r o U � o '44 i\. s am 5. 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L „IA ah. - ... .t .. q 39 37 i 38 1 � i IOWA CITY 1 MEMORANDUM 1 4 i Date: October 6, 2011 4 i To Planning and Zoning Commission From Nick Benson, Planning Intern RE: Zoning Code Amendment to provide a density bonus in multi-family zones for Elder Apartment Housing i Introduction Staff is proposing an amendment to the zoning code to include a density bonus provision for Elder Apartment Housing in Low Density Multifamily Residential (RM-12), Medium Density Multifamily Residential (RM-20), High Density Multifamily Residential (RM-44) and Planned High j Density Multifamily Residential (PRM) zones. The purpose of the proposed density bonus provision is to encourage development of elderly housing in light of recent U.S. Census data which shows a large increase in the percentage of residents ages 55 and older in Iowa City. The percentage of residents age 55 — 64 increased by 81% from 2000 — 2010, while the population of residents age 65 and older grew by 26.5%. Although the population cohort age 55 — 64 may not currently be in the market for specialized housing, within the next ten years these residents will be a part of the 65 and older cohort. Thus, it is important to plan now for the future housing needs of Iowa City's growing elderly population. Elder Housing Needs Many elderly residents are able to manage well in their own homes, and in fact, prefer to stay in 1 their own home for as long as possible. However, there are cases where other housing options are warranted, and are often desired by elderly persons seeking to reduce property maintenance, to downsize their living space, to provide physical security, and to offer companionship and social support. Elder Apartment Housing, as defined in Iowa City's zoning code as "A Multi-Family Use intended for use and occupancy by elders and persons with disabilities," provides elder residents with the opportunity to rent or own individual units while still living in a group environment where residents are in close proximity to neighbors. Elder i apartment housing developments may also include other amenities such as a central dining room, recreational activity spaces, and services like medical assistance, housekeeping and i laundry. l $ Encouraging elder housing through density bonuses Density bonuses allow developers to build more dwelling units than otherwise permitted under } zoning laws, enabling development to occur on sites that may be size-restricted, as well as potentially increasing the project's profitability. Apartments designed for elder residents are often smaller than those designed for families with children and students, and the zoning code currently requires fewer parking spaces for Elder Apartments when compared to other multifamily buildings; therefore less land is required to accommodate a similar number of units. Page 2 There are examples of density bonuses being used across the nation to encourage the production of senior housing. California, in response to the state's growing elderly population, recently passed a state law requiring all local governments to provide density bonuses for "senior citizen housing developments." The density bonus is capped at a flat rate of 20% of the maximum density allowed in a particular zone, and applies only to developments of more than ; 35 units. Sayreville, New Jersey also provides density bonuses for senior citizen residential facilities, including independent living housing units, congregate care units and assisted living facilities. The density bonus ranges from 5 percent to 30 percent based on the number of units constructed (from 50 units to 200 units). i Taking these and other examples into consideration, staff recommends adopting a density i bonus of 25 percent for Elder Apartment Housing in Iowa City in the RM-12, RM-20, RM-44 and PRM zones. Staff believes a 25 percent bonus will provide a sufficient incentive for developers looking to build elder housing while ensuring densities are not out of character with the rest of the zone. The table below provides an example of the increase in the number of units allowed with a 25 percent bonus, based on a 1 acre Elder Apartment Housing development. 1 Zoning Classification Current density allowed Density allowed with 25% 1 bonus , RM-12 15 units 19 units RM-20 24 units 30 units RM-44 43 units 54 units I PRM 49 units 61 units 1 Accessibility is important to ensuring Elder Apartment Housing is livable for elders and persons with disabilities. Thus, staff recommends also requiring all individual living units and communal space to be accessible, as defined in Iowa Administrative Code Section 661 — 302.20 (example Code requirements include 32" doors to ensure wheelchair accessibility, lower placement of light switches and electrical outlets on walls, and sufficient maneuvering space in bathrooms). i The attached article provides an overview of the National Association of Area Agencies on Aging's "best practices" to help communities serve an aging population. The report recommends communities assess their zoning ordinances to promote a range of housing options that meet the needs of an aging population. ; Recommendation i Staff recommends that Section 14-28-8 of the Zoning Code be amended by adding a subsection C, as follows: ; 1 C. Elder Apartment Housing Density Bonus Option I 1. In the RM-12, RM-20, RM-44 or PRM Zones, Elder Apartment Housing, as defined in 1 this Title, may be granted a density bonus not to exceed 25 percent of the maximum number of units otherwise permitted in the applicable zone, provided that: a. The development is intended for use and occupancy by elders and/or persons with disabilities; and b. All individual dwelling units and any communal space must be accessible, as defined in Iowa Administrative Code Section 661-302.20; and Page 3 9 't. i c. Prior to issuance of the building permit, the owner must submit an affidavit to the 1 City that all individual dwelling units will be reserved for and occupied by elders and/or persons with disabilities. I d. A rental permit is required, unless the use is licensed by the State of Iowa. 2. The City reserves the right to inspect the elder apartment housing to verify compliance with these provisions. Approved by: ,/,/jAeia/fite-,e- •#'' Robert Miklo, Senior Planner, Department of Planning and Community Development i 1 I I 1 i 1 i 1 i i 1 b, 1 i 4 4 I i I x 1 i i s i i i a , 10 Ways Communities Can Prepare for the Aging Population Boom Sharon O'Brien,About.com Guide 1 These "best practices" will improve community living for older adults In a survey of thousands of cities and communities across the United States, the National i Association of Area Agencies on Aging (n4a) discovered that many communities across America are not prepared to serve the aging population boom that is expected when millions of baby boomers reach retirement age. Looking at what communities across the U.S. are doing well (and not so well) to serve an aging population, n4a developed 10 "best practices" to help communities prepare for the aging 1 population boom that is expected to peak in 2030. At that time, n4a estimates that one in every five Americans will be over the age of 65. Ten "Best Practices" to Help Communities Serve an Aging Population 4 1. Preventive health care—including health and "lifestyle" education, immunizations and health screenings—to reduce injuries and the onset of chronic diseases. Include a range of in-home services that will help older adults staying their homes longer. 2. Nutrition education to promote healthy eating through a person's entire lifespan, and community-sponsored nutrition programs like home-delivered meals for older adults who have difficulty preparing their own meals. 3. Age-appropriate fitness programs and recreational facilities that offer walking trails, benches, and fitness equipment. 4. Safe driving assistance, including larger, easier-to-read road signage, grooved lane dividers, reflective road markings and dedicated left-turn lanes. Include driver assessments and training to promote safe driving for all ages, especially after strokes or other health incidents. Make transportation options available for people who cannot or do not want to drive. 5. Special planning and training for public safety personnel and other first responders to help them locate and assist older adults during emergencies and disasters. 6. Home modification programs to help people adjust for special needs. Include zoning and subdivision plans that promote a variety of affordable, accessible housing located near medical, commercial and other desired services, as well as shared housing options for older adults and their caregivers. 7. Tax assistance and property-tax relief for people in financial need, and programs to protect older adults against scams and elder abuse. 8. Job training, re-training and lifelong learning opportunities, plus flexible employment r options that will attract and retain older workers. 9. Community engagement opportunities, including serving on community boards and 1 commissions, as well as volunteer opportunities in local government and non-profit s. organizations. 10. Single point of access to ALL aging information and services in the community, and s the strategic expansion of services that will help older adults age with dignity and independence in their homes and communities. "The aging of the population will have a dramatic impact on America's cities and counties," said Sibyl Jacobson, president of MetLife Foundation, which funded the survey. "By taking action now, communities can avoid problems and improve the quality of life for all citizens as well as for older adults." HOUSING ... Studies have shown that older adults overwhelmingly prefer to "age in place" in their existing homes and communities, but may need to modify their existing home or move to another residence that is more accessible, more affordable or more appropriate in size to accommodate their changing needs. Recommendation: Communities should play a critical role in promoting the development of home modification programs that assist older citizens to adapt their existing homes to meet their needs. Additionally, communities should assess their land use plans, zoning ordinances and building codes to promote the development of a range of housing options that meet the needs of an aging population. These should be as close as possible to transportation links and/or walkable distance from daily needs like medical services or shopping. I 1 ^� ®4 CITY OF IOWA CITY 44,;6511 0 't MEMORANDUM Date: September 29, 2011 To: Planning and Zoning Commission From: Sara Greenwood Hektoen Re: Saddlebrook Addition, Part 2 Subdivider's Agreement Amendment The Paddock, L.L.C., the developer of Saddlebrook Addition, Part 2, has requested that the Subdivider's Agreement be amended to address the construction of secondary access to this development and to eliminate the requirement for an escrow to be provided to the City for the completion of the Heinz Road. The current subdivider's agreement requires the Developer to install secondary vehicular access via Pinto Lane at such time as specific buildings are constructed. Additionally, it requires the Developer provide to the City an escrow for the public improvements to be installed within the Heinz Road right -of -way, including the pavement, because a building permit has been issued prior to the completion of these improvements. This is meant to enable the City to complete such improvements at the Developer's expense in the event that the Developer fails to do so. At the time this agreement was made, no dwelling units were planned to be constructed along that portion of Heinz Road that remains incomplete. Staff recommends approving this amendment for the following reasons. Approximately 417 dwellings have been constructed in this development. The only means of vehicular access is via Heinz Road, causing health and safety concerns. This amendment now requires that secondary access via Pinto Lane be installed before the Developer obtains any more building permits for this subdivision. Changes to the Planned Development Plan now show future dwelling units to be constructed along Heinz Road, thus providing the Developer with an incentive to build Heinz Road and reducing the need for the City to have access to escrowed funds to complete the project. This amendment obligates the Developer to install the remaining extension Heinz Road prior to issuance of any building permit for any unit abutting Heinz Road. L L3 I 1 ❑ I Al I A AGEMENT September 27, 2011 Request to amend Subdividers Agreement Saddlebrook Addition,Part 2 The developers of Saddlebrook are requesting the attached amendment to the Subdividers Agreement Saddlebrook Addition,Part 2. be adopted. Heinz Rd. is part of a planned development and will naturally develop as the units along it develop. Secondary access to Saddlebrook has also been established by the development of Pinto Lane to Whispering Meadows Lane. Therefore the developers of Saddlebrook are requesting that the attached Amendment to the Subdividers Agreement Saddlebrook Addition,Part II be adopted to remove the undue burden of the required letter of credit for Heinz Rd. We appreciate your consideration of this matter. Sincerely, Steve Gordon Vice President,AM Management As Manager of Paddock,LLC 1 4g4 '-4 2871 Heinz Rd, Suite B Iowa City IA 52240 Phone (319) 354-1961 ( Prepared by Sara Hektoen, Asst. City Attorney, 410 East Washington St., Iowa City, IA 52240; (319) 356- 5030 SECOND AMENDMENT TO SUBDIVIDER'S AGREEMENT SADDLEBROOK ADDITION, PART 2 (including a resubdivision of Lot 4 of Saddlebrook Addition, Part 1) WHEREAS, the City of Iowa City ("City") and The Paddock, L.L.C. (collectively "Subdivider") entered into a Subdivider's Agreement for the above-referenced subdivision, dated February 6, 2001, which is recorded at Book 3037, Page 322, et seq., of the records of the Johnson County Recorder ("Agreement"); and WHEREAS, on October 3, 2006, the City and Subdivider did agree to an amendment to said Agreement for the purpose of modifying Subdividers obligation regarding secondary vehicular access to the subdivision. Said Amendment was approved by Council in Resolution 06-319 and recorded at on October 6, 2006 in Book 4090, Page 108, et seq., of the records of the Johnson County Recorder; and 4 WHEREAS, City Staff has public health and safety concerns regarding the delayed construction of secondary access to this subdivision; and WHEREAS, changes to the Planned Development Plan, approved by Ordinance } 04-4108, particularly regarding the development of dwelling units along Heinz Road, make it no longer necessary for the City to retain a letter of credit to insure that Subdivider will install the remaining portion of Heinz Road; and WHEREAS, the City and Subdivider now wish to make a second amendment to said Subdivider's Agreement to address these changes in circumstance. NOW, THEREFORE, for good and valuable consideration, it is hereby agreed that the Amendment to Subdivider's Agreement, Saddlebrook Addition Part 2, dated October 3, 2006, and recorded at Book 4090, Page 108-113, in the Records of Johnson County, Iowa, Recorder, is hereby revoked and shall have no further effect. It is further agreed by the parties that 1. Section 1, Paragraph A of the Agreement is hereby deleted in its entirety and replaced with the following: } p 1 A. Except as allowed pursuant to Section 3 below, the City shall not issue any building permit on any of the lots in the Subdivision unless and until public water mains, public sanitary sewers, public storm sewers, public drainage swales, tile lines and public concrete paving (collectively "Public Improvements") have been installed in the Subdivision as required by the City's Subdivision Ordinance and until said Public Improvements have been accepted by the City. Heinz Road shall be paved with concrete at least 31 feet in width, and Shetland Land and that portion of Mustang Lane east of Heinz Road i shall be paved with concrete at least 28 feet in width. j 2. Section 3 of the Agreement is hereby deleted in its entirety and replaced with the following: Section 3. Building Permits and Escrow Monies. In the event that the Subdivider, its assigns or successors in interest, should desire a building permit for any unit or building that is not adjacent to Heinz Road south of Shetland Lane before the improvements required in Section IA, IB and IC have been installed and accepted by the City, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to 110% of the cost of said improvements as determined by l the City Engineer, except as allowed below. The public improvements escrow allowed above shall not include the cost of the public improvements, as determined by the City Engineer, required to be installed within the Heinz Road right-of-way. In no event shall a building permit be issued for any unit or building adjacent to Heinz Road south of Shetland Lane (namely, Building Numbers 13-31, as shown on the approved Sensitive Areas site Plan and Final OPDH, an Amendment to Saddlebrook Addition Part 2- Lots 4-8) until such time as the public improvements within the Heinz Road right-of- way have been installed and accepted by the City. In addition to the escrow provided above, if Subdivision erosion control measures have not been installed with ground cover established by growth, the City may require as a condition to the issuance of the first building permit for construction of Lot 6 (one deposit required) and the first building permit for construction on Lots 5, 7 or 8 (one deposit required), that the Subdivider deposit in escrow with the City the sum of $2,000 to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider or its successor in interest. The unused balance of the erosion cleanup escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover established by growth. If the escrow is insufficient to pay the costs incurred, the Subdivider shall promptly reimburse the City for the excess costs incurred. The Subdivider shall be responsible for the costs of such cleaning and to the extent that the Subdivider fails to accomplish cleanup after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the erosion cleanup escrow established; provided that nothing herein shall be construed as requiring the City to do such cleanup. When the foregoing escrow funds have been deposited, the Building Inspector of the City may issue a building permit accordingly, provided that the Subdivider complies with all other contractual, statutory and ordinance requirements and provided that secondary access has been constructed pursuant to Section 10.A below. 3. Section 10.A of the Amendment to Subdivider's Agreement (which deleted and replaced Section 10.A of the Agreement), is deleted in its entirety and replaced with the following: A. Limitation on Units Pending Secondary Access The parties hereto acknowledge and agree that secondary access from Saddlebrook Addition, Part 2 to Whispering Meadows Subdivision, Part Three via Pinto Lane and Whispering Meadows Drive, as shown on the Final Plat of Saddlebrook Meadows Part I, recorded in Plat Book 49, Page 3 in the records of the Johnson County, Iowa Recorder, shall be constructed prior to issuance of any building permits for new dwelling units for Saddlebrook Addition, Part 2 requested subsequent to the execution of this Second Amendment. 4. Section 10.B of the Agreement is deleted in its entirety. The Parties acknowledge that the City currently possesses Letter of Credit No 549 pursuant to Section 10.B of the Agreement, issued by MidWestOne Bank in the amount of $868,864.88 on October 8, 2010. The City hereby agrees to release and make no attempt to draw monies from said Letter of Credit. The Parties hereby agree and acknowledge that the City shall have no obligation to compensate or otherwise reimburse Subdivider for said Letter of Credit. CITY OF IOWA CITY THE PADDOCK, L.L.C. By Matthew J. Hayek, Mayor By By Marian K. Karr, City Clerk By 1 3 1 3 STATE OF IOWA ) )ss: JOHNSON COUNTY ) I On this day of , 20_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Matthew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary g act and deed and said municipal corporation, by it and by them voluntarily executed. I Notary Public in and for the State of Iowa 1 1 i i 1 STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) i This instrument was acknowledged before me on this day of 20_ by and as Manager(s) of The Paddock, L.L.C. I I Notary Public in and for said State t I 1 1 ) 1 ) 3 1 ) ) 3 I Ir. y9hW ay Sadd1eIrooc �/S ubdivision ° Ifix_ I/ e•e Mane Gate Apartments oe `°$� ,�a °� i! , +ir�i w....-,..,1 Triple Crown Condominiums +iiiii ti ee4��' I l+Ft\ iF s r 1V;'fie: Belmont Townhomes ````''mt, 01■,:,1°4t•,•A. Future Development 4'1'i d °,imi 1 It Clubhouse and Mini-Storage 1-� °}_,sr�r, Clubhouse Condominiumsj1; � ®rfolr raT, • 6 The Paddock Single Family � �� wail:,Y Homes =_ ',,h el<fa��Ff! a\ _ a Future Development \;.y. Saddlebrook Meadows I y;` ra Part t r, �; tj �`∎ i :'.,�, te � � � �' >! •l�yi1iill� r, Mai bat •ll ,— r+ 1.+� �t��J� Flu rtL � . � t L.I 4 �. �' 'y Try '• — 1_!1 {I 1 171� •, i WPM■ Sri ! er 1- f lulj`r01 61 .��I. 1 � !!i�'dlb!i!�� 1163 Til KS �� -- 1 -L, BW-.t—•1 Ali l511�`L.-4..,i. l 11 1 rat` _ e t �� •.�. =',�1,� � �r.J® I�I Vie, �j rilr�1 �ii1•� � ni Li is .: •° ..ilk 1'0.1.10 ) mir1=1"'' i iji'll° 1621 1,,,w0401-..: tl ;it • . , • jp , ...„ ,;5-4 : e it lit'• A._ a • ' lit 0 Ilk G • jd / Iro ils •• S,yde/ IIIr NIT oec •e os re. t 1 • i 1 :1 1 3 i i i 2 4 PLANNING AND ZONING COMMISSION PRELIMINARY September 15, 2011 —7:00 PM — FORMAL Emma J. Harvat Hall, CITY HALL MEMBERS PRESENT: Carolyn Stewart Dyer, Charlie Eastham, Ann Freerks, Elizabeth Koppes, Michelle Payne, Tim Weitzel, Wally Plahutnik MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Sara Greenwood Hektoen, Wendy Ford OTHERS PRESENT: Jesse Allen, Todd Von Stein, Michael G. Post, John Thomas, Claire Sponsler, Ross Byer, Blaine Thomas, Judith Pascoe, Sharon DeGraw, Steve Gordon, Karen Kubby a CALL TO ORDER: The meeting was called to order at 7:00 PM. RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 5-1 (Plahutnik voting no, Payne abstaining) to recommend approval of CPA11-00003 an amendment of the Comprehensive Plan to change the land use designation from Single Family Residential Stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the Mid American substation located on the west side of Linn Street. 2. The Commission voted 5-1 (Plahutnik voting no, Payne abstaining) to recommend approval of REZ11-00012 an application submitted by Allen Homes for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Central Business Service (CB-2) zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (Mid American substation) subject to a Conditional Zoning Agreement that will establish the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, and improvement to the alley to provide access to the parking, and the location of signage on the building. 3. The Commission voted 6-0 (Freerks absent) to recommend approval of REZ11- 00013 an application submitted by Mane Gate, LLC for an amendment to the Planned Development Overlay High Density Single Family (OPD/RS-12) zone to allow ground floor residential uses in lieu of commercial space and to remove the requirement to building 20 garage spaces shown on the original approved plan for approximately 2.73-acres of property located at 2785, 2829, and 2871 Heinz Road. Planning and Zoning Commission September 15,2011 -Formal Page 2 of 22 4. The Commission voted 6-0 (Freerks absent) to recommend approval of SUB11- 00013 an application submitted by Saddlebrook Meadows Development for a preliminary plat for Saddlebrook Meadows Part 2, a 21-lot, 3.57 acre residential subdivision located at Whispering Meadows Drive and Pinto Lane 5. The Commission voted 5-0 (Palhutnik abstained) to recommend approval of an application for a Self Supported Municipal Improvement District (SSSMID)for property located within the Central Business (CB-10) zone (Downtown) and the Central Business Service (CB-2) and the Central Business Support (CB-5) zones generally located north of Iowa Avenue (Northside Marketplace). 6. The Commission voted 6-0 (Freerks absent) to recommend approval of the Riverfront Crossings Renewal Plan for approximately 45 acres of property bordered by Highway 1 on the south, Myrtle Drive on the north, the Iowa River on the east and generally Orchard Street on the west. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN ITEM: CPA11-00003: A public hearing to amend the Comprehensive Plan to change the land use designation from Single Family Residential Stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street. Payne recused herself as MidAmerican, which owns property in the area, is her place of employment for this item and the next item, REZ11-00012. Miklo suggested that the Commission discuss this along with the second item, REZ11-00012, on the agenda. Freerks stated that they would address public comment for the two items including the next item REZ11-00012. REZ11-00012: Discussion of an application submitted by Allen Homes for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Central Business Service (CB-2) zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation). Miklo stated as noted there are two items for the Commissions consideration. The first one is an amendment to the comprehensive plan. The Commission is being asked to consider changing the boundary of the Northside Marketplace to include one additional lot and then to change the land use designation of four properties from neighborhood stabilization residential to urban commercial. The Commission will also be considering a rezoning of these properties from Neighborhood Stabilization Residential (RNS-12) to Central Service Business Zone (CB- 2). If this rezoning is approved it would allow the redevelopment of the property for a commercial building which would have the possibility of retail, office or service uses such as a hair salon or a bank on the ground floor. Restaurants would also be allowed in this zone. Planning and Zoning Commission September 15,2011 -Formal Page 3 of 22 Miklo stated that bars or liquor stores would not be permitted in this location. The zoning would also allow up to seventeen apartments. The applicant Allen Homes is proposing a mixture of apartment types. The proposal includes four efficiencies, two one-bedroom apartments, three three-bedroom apartments and the remainder would be two-bedroom apartments. Parking for the apartments would be provided underground. It would be accessed from the alley between Linn and Dubuque Street. There would also be parking spaces within the ground floor of the building for the commercial space. Miklo stated that he passed out a new plan; the applicant has reworked the parking to reduce the number of compact spaces proposed in the plan. One concern that has been brought up regarding the zone change is if this is approved where would the line be drawn in terms of future zone changes. Miklo pointed out on the map a half a block to the north of these properties the Gilbert Linn Historic District begins and immediately to the north of the property there are three buildings that are identified as being eligible for the National Registrar and these are noted in the Central District Plan as buildings worthy of preservation. The policy throughout the Central District Plan is to preserve historic buildings. Staff thinks that it is clear if zoning is approved the boundary should not go to the north. Miklo stated that there was also a question that if this is rezoned would this force the properties to the west to be rezoned. Staff does not feel that there would be an obligation for the City to rezone property to the west. Any further rezoning would require a comprehensive plan amendment review by the Planning and Zoning Commission and the City Council. Staff feels unlike this particular request where there is a main street character or element and that is something that has been described as being positive to the Central District Plan. Extending that to the west on Bloomington Street is not called for and there may not be a market for it. Staff feels that it is possible to rezone the properties without having a domino effect where it would affect a larger neighborhood. Miklo stated that it is clear in the Central District Plan and through the preservation plan and the City's other policies that there is a commitment to the health and preservation to the Northside Neighborhood. The City has established three historic districts in the neighborhood and they are cooperating with the University of Iowa on the UniverCity Neighborhood Partnership Program where the City is investing in rental properties and converting them into owner occupied. Staff has been involved in efforts to preserve this neighborhood for the last twenty years. They do not see this as being a negative for this neighborhood. Miklo stated that staff sees it as being a positive in that strong neighborhoods not only contain residential but also contain services and retail operations with close proximity to homes or within walking distance. They feel that this addition of commercial on the corner could bring more life to the commercial district similar to the construction of the building at the corner of Market Street and Linn Street where the TeaSpoons Café, the card shop and the restaurant are located. Those have been beneficial for the commercial district and the neighborhood as a whole, and staff thinks this could continue that. Staff would agree that the building on Market and Linn Street is over scale in that it is too tall for the neighborhood and that was a concern staff heard during the Central Planning District meetings. In this particular case the applicant is proposing to limit the building to three stories. That can be done by a conditional zoning agreement which becomes the zoning for the property. Miklo stated that staff also feels that this is unique compared to other rezoning requests that 1 Planning and Zoning Commission g September 15,2011 -Formal 1 Page 4 of 22 I they have had in that they are agreeing to a mixture of efficiencies, one-bedrooms, two- bedrooms with only two three-bedroom apartments. This is something the City has wanted. The participants in the neighborhood planning process for this area also have expressed the desire for one and two bedroom apartments. Staff feels that is a real positive with this proposal. Looking at the policies of the Northside Marketplace within the plan; which talks about neighborhood scale, main street character, preserving historic buildings and also designing new I buildings to be compatible with the area. Staff feels this meets those goals and the Commission is not being asked to change the policies of the comprehensive plan just the land use designation of these properties. g Miklo summarized stating that staff is recommending approval for this rezoning. They feel it could have a positive influence on the Northside Marketplace as well as the neighborhood as a whole. Staff does recommend that if the Commission does approve this that it be tied to a 1 conditional zoning agreement specifying the particular plan that the Commission has in front of them. The details of that would be the bedroom mix, the parking configuration, the design of the building, a limitation of signage on the Bloomington Street side. All of those would be drawn up in a specific zoning agreement that would apply to the property now and to the future if it is approved. 1 I Eastham asked how many three bedrooms where proposed. Miklo stated that there were two units proposed to be three-bedrooms units in the southwest corner of the building. 1 i Freerks opened the public hearing. j Jesse Allen, Iowa City, with Allen homes. Allen stated he wanted to talk a little bit about the I project on Linn and Bloomington Street. He stated that Miklo did a good job describing all the ideas and procedures that they have been working on for the last couple of months. Allen stated that they have been working on some of the comments that have been brought up by the neighbors and staff. They are doing a different mix of units as far as smaller density because it is the Northside District and they are a little bit more sensitive to the surrounding population and i the businesses there. They are trying to do something different, which they feel will be a very Ipositive outcome. Allen stated that in the last three weeks as this has been deferred they have received a lot of interest as far as purchases on the units. At this point they have changed what they initially planned, which was to rent them. Now they may be selling some of the units for owner occupied. They feel it would be a great interest for professors or young people that want to purchase their own place and live closer to town, similar to the Hotel Vetro but more affordable. Allen stated that the building also has a private washer and dryer in each unit which they feel would be pretty attractive to keep people, to stay for the long haul. If they do move in they would be in the units a couple of years at a time if they are going to be purchasing the units. Other features that have been incorporated with the Northside Marketplace District is they will be using brick on the entire building. Allen stated that they just chose to use a little bit more masonry to make the buildings a little bit more decorative and more appealing. All the units have handicap accessibility which will make it more attractive for people to stay there longer and 1 more usable for the residents. 4 They feel it will be an economic benefit for the town as far as bringing jobs into the city, and it's 1 4 i i Planning and Zoning Commission September 15,2011 -Formal Page 5 of 22 a nice project that will look good on the corner. Allen stated he wanted to address concerns raised in Wally Plahutnik's letter. There is a vacant parking lot across the street when you walk up Linn Street and you get to Bloomington there are a lot of single family houses in front of you but some day that parking lot is going to have a building on it. Similar to what they are designing with the features and layout and design and as a developer it makes sense to incorporate that with the plan that they are proposing and what the City is proposing. They feel will be an attractive addition to Iowa City. Freerks asked for any questions. Dyer stated that she noticed that the apartments were handicap accessible but in connection with that she noticed that there were no handicap accessible parking spaces for the residents. There are spots for the commercial. Allen stated that there were two spaces available in the basement. Dyer asked if in the lower level parking was for the residence. Allen confirmed that the residential parking is all on the lower level which is under ground. All the residence will enter and exit off of the alley on Linn Street or Dubuque Street. The commercial is all on the main floor. Dyer asked if they were all three foot doorways. Allen confirmed yes. Dyer stated that was good and that was a nice accommodation. Eastham stated that the proposal replaces three individual buildings, which were at once single family houses, with one building with a number of residential apartments as well as commercial space. Eastham asked if they had considered rebuilding three new buildings on the lots rather than one big building. Allen stated that they did look at that initially and with the fact that it is on what he calls a commercial intersection with the CB-2 zoning surrounding it and the parking is the big issue - designing single family houses would not be feasible. Todd Von Stein, Des Moines, the designer of the building stated he has designed several buildings in Iowa City, 301 Market Street, 225 S Gilbert Street, 603 S. Dubuque Street, 551 S. Linn Street, 916 Bowery Street, 909 & 919 Burlington Street, 513 Bowery and several others that are in the works. Von Stein stated that he was the chairman for the Green committee for the American Institute of Building and Design National buildings designers group. Von Stein stated that they are calling this Bloomington Street Commons because it is for common people on common ground. He stated that the thing about the commercial space in this building is its going to be a terrific incubator for business. The three bays are about twelve hundred square feet a piece. That has proven in other communities to be a great incubator for local artists and local businesses to be able to get a start and then they tend to move on to better, bigger locations. This building has several elements to it that will both help the downtown area with both incubating business and bringing in families to the North Marketplace area The design meets all the standards for parking, scale, street level design and building articulation. The structure provides compatibility and the existing Linn Street historic buildings. Von Stein stated that Miklo had already described the breakdown of the building. This is one of the buildings along with one that is on Bowery that they believe will be worthy of preservation in the future. Michael G. Post, 440 Kimball Road, Iowa City, stated that he moved to Iowa City twelve years ago and that he loved this area. Post stated that if this building was put in this area it will raise Planning and Zoning Commission September 15,2011 -Formal Page 6 of 22 the taxes for businesses and it would raise the rents. He said Tennessee Williams lived at 225 N Linn Street when he was in Iowa City so his property should be considered part of the Unesco City of Literature. There are businesses willing to buy it if this were for sale and renovate it and put it in part of our heritage. He stated that he would not like to see any more sprawl. Post asked if there are only two handicap spaces available in the basement, will there be any Section 8 housing. There are also trees on the corner and those will end up being taken down, there has been a lot of loss of trees for development. Miklo stated that the trees on Linn Street are in the public right of way and would not be removed they would have to be protected during construction. The trees on Bloomington Street would be removed. John Thomas, 509 Brown Street, Iowa City, is the coordinator for the Northside Association. The Northside Neighborhood Association has spoken to the Commission about its objections to the proposed zoning. He stated that he is speaking tonight from a different perspective placing the purpose of Iowa City zoning code and single family residential stabilization classification within a broader context. Many factors influence the stability and integrity of any inner city neighborhood. One of the factors is size, the Northside Neighborhood is very small. From Dubuque Street to Dodge Street it measures .38 miles, from Brown Street to Market Street it measures .45 miles. The Northsides land area is only five blocks from east to west and six blocks from north to south, thirty blocks in all. Each block is roughly four hundred square feet with north south blocks bisected by alleys. The distance from the edge of the neighborhood to the center is at most three blocks. The small residential neighborhood, especially with bordering a commercial district and within in walking distance to a major university is highly vulnerable to the various forces that can destabilize it. Thomas stated that he met with the City Manager to discuss numerous threats to the stability to the central districts residential neighborhoods of which the northside is one. At the time the discussion addressed three separate but interrelated issues; neighborhood schools, traffic and the impact of housing rentals. The Iowa City community school district is currently deferred long overdue improvements to the three remaining historic elementary schools, Lincoln, Longfellow and Northside's Horace Mann. As it evaluates their viability as educational facilities the Northside Neighborhood will vigorously advocate for the preservation and renovation of Horace Mann. Thomas stated that as a school and community center it is essential to the Northsides integrity as a residential neighborhood. Thomas stated that with the continued growth of subdivisions in Iowa City and it's surrounding area the impact of traffic on the Central District have dramatically increased. The Northside may have more arterials and one way streets imposed on its historic grid than any other neighborhood in Johnson County. Traffic spills onto the local streets as drivers seek shortcuts between arterials. He stated that they have urged the City to address this problem through its traffic calming program and implantation of its complete streets policy. The impact of rentals is part of a larger and ongoing city wide effort regarding the integrity of the Central Districts residential neighborhoods composed of single family residences. In 2003 the City enacted nuisance ordinances to address problems with behavior, property maintenance and vehicular concerns such as illegal parking and inoperable vehicles. Other City programs such as the UniverCity Neighborhood Partnership and the General Rehabilitation and Planning and Zoning Commission September 15,2011 -Formal Page 7 of 22 Improvement Program have improved the conditions of the residential housing stock and the balance between owner occupied and rental properties. These ordinances and programs which require the participation of residence and City staff are helping to stabilize the Northside and other central district neighborhoods. Thomas stated that this brings them to the City zoning code and the role of Residential Neighborhood Stabilization classification RNS-12. Enacted in 1992 the RNS-12 zone sought to address the destabilizing land use impacts on Iowa City single family neighborhoods. In the Northside Neighborhood these impacts include Mercy Hospital, the conversion from single family dwellings to multiple units, apartment's construction and commercial development. The RNS-12 classification, the Northsides grass roots efforts and the City's neighborhood stabilization programs and ordinances have made a great difference. The housing stock has been reserved and it is becoming increasingly owner occupied by single families including those with young children which can walk to Horace Mann Elementary school. Thomas stated that this trend could be easily reversed. The character and integrity of the Northside Neighborhood indeed in Northside Marketplace is highly sensitive to the size and scale and use of development. He stated he is urging the Commission to maintain the current zoning that has been an integral part of the neighborhood revival until the City develops a vision for North Market Place. Such a vision would ensure the future development that is compatible with the scale, size and historic character with the commercial district and the neighborhood. Once that vision has been articulated the zoning could be crafted accordingly. One possible building type that may serve as a bridge between the existing single family residences and the commercial buildings is the row or townhouse. Two story townhouses are a popular option for those wanting to live in cities that retain the neighborhood scale. Iowa City's Peninsula Neighborhood has examples of two story brick row houses and townhouses that could be discussed in a visioning program for the Northside Marketplace as a possible option for the southern edge. Claire Sponsler, 413 N. Gilbert Street, Iowa City, thanked the staff and the developers for the care and attentiveness that has been given to this project. If going in on an empty lot in a CB-2 zone. It would be a wonderful addition to the commercial scene in Iowa City, but the need for rezoning and for bulldozing three residential properties on the fringes of a very small and already fragile and vulnerable neighborhood seems to contradict the advantages that this property would otherwise have. Sponsler stated that integrity of the existing neighborhood especially those adjacent to downtown and the University of Iowa campus will require ongoing efforts. She thinks that speaks to the many efforts that the City has done in recent years to help stabilize a vulnerable residential neighborhood. Sponser concluded that there is concern that too much redevelopment or redevelopment at too large a scale or density could threaten the character of the neighborhood. She feels the proposed rezoning undermines the goals that were set out in the Central District Plan and undermines the goals of the RNS-12 rezoning that has taken place in that area. By undermining the goals of the Central District Plan and the RNS zoning the project and the rezoning that are necessary to make this project happen do threaten the neighborhood. Ross J. Byers, 222 E. Market Street Apartment 34, Iowa City, stated that his major concern with the rezoning is bulldozing Tennessee Williams' house. Byers stated that this is the world's third 1 I Planning and Zoning Commission September 15,2011 -Formal Page 8 of 22 City of Literature and if we are thinking of preserving historical sites, he feels this house, 225 N. Linn Street, is itself worthy of preservation. Being the City of Literature is not just a title, it is something lived and breathed that can be experience. Byers stated that in other cities they preserve great historical figures. They preserve where they lived where they worked and the equipment they used such as typewriters, note pads or even drafts that were written. By preserving this house it would improve the way the city appears to the rest of the world and it would show that we were serious about being a City of Literature. Byers stated that because he lives in this area the Northside Neighborhood is his favorite in the city. He came as a student and decided to stay because he likes it here. The combination of residential areas and shops that are already present is a great balance. Blaine Thomas, the applicant, stated he wanted to talk about historic preservation. He stated he owned a house across the street on the corner. Thomas stated that when he bought the house 1 he was not aware that it was historical. The wall on the house on the east side fell in. He discovered that there were items that would need to be repaired on the property and it would be items that would be not cost productive to do. Thomas stated he contacted the City and told them about a plan to make it better as a team and he was told very clearly by City staff that this house was historical, part of the Northside Neighborhood and he could take it down but he would never be able to put up a new duplex. He agreed that he believed in preserving historical things. Thomas stated he chose not to keep the house because he could not make it good enough for the people living there and that it would not be preserved to his standards. He sold the house. He feels that getting people to come together as these three properties are is very difficult and very rarely can you get everyone together and agree on doing something to make it special. They made an application to the City and it immediately drew attention and made it in the paper. He stated that after he found out it was Tennessee Williams' house he called his partner and said there was a problem. His wife, who is a history major, pulled out some books and they found out that Tennessee Williams lived in this house for two weeks and three days; he resided in five different residences inside of seven months. Thomas stated that if residing in a home two weeks and three days make it your home than it is him home, but one of the houses that Williams resided in the longest is now a parking ramp. So when addressing the historical value Thomas asks that everyone has the information that is needed because two weeks and three days does not make it a person's home. 1 Thomas stated he understands where John Thomas is coming from and stated he agrees with himl. Thomas understood and stated he agreed with what everyone has stated so far. Iowa City has a variety of things that are surrounding it and one of them is the population is continuing to grow and providing homes needs to be addressed. When this project started out the intention was to keep the building in and make it high end rentals something very exciting and different. They wanted to raise the bar. There is an elevator in this building, it is fully handicap assessable and not your typical building. Then what started to happen was people started asking if the units would be sold. Thomas stated that if there was the interest than they would sell the units. He stated they have an architecture that is ready to design the space; they have been contacted by a doctor and an attorney for purchasing. They are hoping that the type of people that are buying will stay there for a long time They are not cutting corners with the building; it is consistent with the neighborhood. It is only 35 feet tall and it could have been 45 feet. He feels that they are doing i i i i i Planning and Zoning Commission September 15,2011 -Formal Page 9 of 22 a number of things to enhance the neighborhood and it is totally self sustaining for parking. Thomas asks that everyone take a look because it is a rare opportunity and they are trying to do something special and they are trying very hard. Judith Pascoe, 317 Fairchild Street, Iowa City, stated that she appreciated all the thought that people have put into the project the developer and designer have really tried to make it look like a nice building and that City staff has worked with them and is trying to help. There is a case for possibly considering having a line of development on Linn Street. She stated that she is not opposed to any kind of development and can imagine a way in which it could add to the neighborhood. A concern is the Bloomington house, the wrap around the corner aspect. There is logic to continuing the business section but Bloomington is like turning the corner and going straight down a residential street. The Bloomington house is one of the nicest houses of the three. It means that the two houses on the other side of the street would then be looking at the new development rather than other houses which wouldn't happen if the development was limited to Linn Street. Pascoe stated she was sympathetic to what Thomas stated and she understands how expensive it is to fix up old historic buildings. She asked that the Commission think of all the issues and understands it is a complicated case because of pros and cons. Overall she stated she was worried about the creep down Bloomington and how that will change the character of the block. Sharon DeGraw, 519 Brown Street, Iowa City, stated she thinks this is chipping away at what is trying to be preserved with the historic homes. Part of the problem is that they are not maintained well but there should be an effort to encourage landlords to do a better job or wait for the properties to change to someone who will do a better job. Once the nature of the neighborhood is changed you can't go back and it will cause creep, in terms of having more modern buildings on Bloomington. During a time that we are trying to get businesses downtown it doesn't seem right to be adding businesses to the Northside which would potentially take away from people going into downtown. There is an adjustment that needs to happen with rent prices or taxes in the downtown and that should be worked out first before expanding to the Northside with businesses. Freerks closed the public hearing. Koppes made a motion to approve CPA11-00003 to amend the Comprehensive Plan to change the land use designation from Single Family Residential Stabilization to Urban Commercial for property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn Street. Eastham seconded. Weitzel stated that he appreciates the work that has gone into this building and all the comments from the neighbors. One thing that keeps being brought up is if its historic property or not and he clarified that there was a survey done on the three properties and none of them were found to be historic. At the same time there are designations right across the street for buildings that are historic and that would provide some protection. Weitzel stated he likes the idea of accessibility. He also likes the fact that there are already limits on what can be placed in the commercial buildings. Freerks stated that on Monday night the Commission discussed a further amendment to the i Planning and Zoning Commission i September 15,2011 -Formal 1 Page 10 of 22 comprehensive plan to remove the three properties located on Linn Street out of the Northside Marketplace map. Weitzel stated he agreed and was not sure what else can be done in a CZA but there are some things that could be suggested in terms of the comprehensive plan, conservation districts or district amendments. Miklo asked Weitzel if he was suggesting that the designation from Northside Marketplace be moved to the street rather than the three properties. j Freerks confirmed and stated that they have said they were historic and they didn't want to see the properties redeveloped. She feels that having those as residential property in a residential zone and still being in the Northside Marketplace sends a bit of a message that the Commission doesn't necessarily agree with j Plahutnik stated that there are also historic properties on the east side of Gilbert Street. Freerks stated it was a different zone and Miklo confirmed they were zoned as Commercial Office. Weitzel stated that there was once a proposal for the historic district on Gilbert Street. Dyer asked if that could be done at a different time. Weitzel stated that it wouldn't be done without the recommendation for the Historic Preservation Commission. Freerks asked if the three properties could be pulled out now or if a public hearing is needed. Miklo stated that would need to occur at the next meeting or the following meeting because it wasn't advertised. Freerks stated that she would like to look into that at a future meeting. Plahutnik stated that there was a specific reason that they were discussing the comprehensive plan. That is the project proposed by Allen Home and that is the only reason. A couple of # months ago the comprehensive plan looked good for the area The commission all agreed and the public gave a lot of input. Discussion of removing these three properties never came up as the public was giving their input on what they would like to see on the comprehensive plan for this area. Now there is a proposal for a development and someone has come up with a thoughtful design. They came up with creative ways to manage parking. For them in the end the question is do the numbers work when the numbers didn't work for Mr. Thomas on the properties across the street. This is not a business decision; the Commission's decision is not to determine whether the plan is financially viable. Plahutnik stated what the Commission is trying to make a decision on if changing the comprehensive plan for the northside. The fragility the stability of the northside is still in question. It is assailed by the University, rental pressures, Mercy Hospital and thier designs to expand and compete with the University of Iowa Hospital. If you change the comprehensive plan in this spot and change some of the language, it needs to state that this area is okay and will no longer need to take special effort to protect it. Plahutnik stated that is the only reason for this change to the comprehensive plan is because t the numbers have worked for the applicants. Freerks stated that what is being looked at is the land use designation and when it comes to the comprehensive plan that needs to be taken into consideration. 1 Eastham asked Plahutnik if he wanted to expand on his comments. Plahutnik stated that the RNS-12 has been helping to stabilize the neighborhood, it's not done, and a cutting out a sizeable portion of it is a rash decision. Dyer stated that given the nature of the houses there and how they are used it seems to be that the argument that nobody will buy them and fix them up, which would be stabilizing them, helps make an argument that this particular project would be a way of stabilizing the neighborhood. It would provide housing for people and small commercial spaces with parking. The design is x fi I 1 1 Planning and Zoning Commission I September 15,2011 -Formal Page 11 of 22 compatible with the rest of the block down Linn Street. Dyer stated she thought about Oak Park, Illinois, that mixes up preserved houses and buildings like this, one after another on blocks throughout the community and it seems to work there. Dyer stated that she would support the project. Eastham stated that one of the primary purposes of the City's overall comprehensive plan for the community is to provide housing types that meet the needs of the range of people that live in the community. There has been creditable information to suggest that the kind of housing mix proposed by this development would be attractive to and would be eventually occupied by people within that general range more so than the homes that are being replaced by this one building. Eastham stated the community would benefit by revisiting of housing types that are appropriate for the northside area housing types that would enable single family larger homes to coexist over the long term with attractive row houses, duplexes or other housing types that may come closer to the housing needs of smaller families, professional people and so forth. This is a well designed building and he would only vote for rezoning if the proposed building is part of the rezoning. He stated he would not vote for a comprehensive plan amendment followed by rezoning request unless the building was well designed and meets the functional needs of the comprehensive plan in this area Eastham stated that there was logic to not extending commercial zoning past the its current north boundary, which is the alley, between Bloomington and Davenport as well as on down Linn Street across to Bloomington Street because of historic nature of those structures. He stated he was in support of the change to the comprehensive plan for this specific purpose. 1 Freerks stated she was a part of the Neighborhood Task Force and the UniverCity Neighborhood Partnership and has voted in favor of historic districts and has been a supporter of the Northside Neighborhood. She stated that this area deserves some special attention and that this proposal would enhance the Northside Marketplace. This building has been well thought out Freerks stated she would not support anything further down on Bloomington Street or march further up Linn Street. She supports removing the three properties on the west side of Linn Street north of Bloomington Street from the Northside Marketplace area because having them in the Northside Marketplace sends a message to people that perhaps they are looking for redevelopment there. Dyer stated that this project meets some of the objectives of the university collaboration in making residential properties available near campus. These particular houses are too big and too expensive a project to buy and fix. Freerks stated that she feels there is a need for this type of commercial with the parking. Weitzel stated that he has spent eighteen years working on his historic house and there has I been a lot of change to his neighborhood even without rezoning so those things can happen. sa would a t tt H 't it is realisticHe t ad if they provide not buy this house opportunity next and the draw electric a line sub-s this is ation.actually e doesn good for feel the that neighborhood and other urban planning goals. A vote was taken and the motion carried 5-1, (Plahutnik voted no, Payne abstained). 9 Koppes made a motion to approve REZ11-00012 an application submitted by Allen Homes for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Central Business Service (CB-2) zone for approximately .34 acres of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately s I i J i Planning and Zoning Commission September 15,2011 -Formal Page 12 of 22 3200 square feet of property located on the west side of Linn Street (MidAmerican substation) subject to a Conditional Zoning Agreement that will establish the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, and improvement to the alley to provide access to the parking, and signage on the building. Eastham seconded. Eastham stated that this is a well designed building. The staff and developers have put in efforts to make the Bloomington Street side of the building to appear more like a residential building and less like a commercial building. He stated he was unsure on what to do about the parking access being on Bloomington Street. There wasn't a good solution other than to have the access from Bloomington Street. The advantage for the parking is it is underground and off the surface and it provides parking for commercial space. The building is functional and the mix of the residential dwelling units is keeping with the comprehensive plan and the statements in the downtown market analysis that was completed in 2007. Eastham stated he would support the building request with the conditions stated. Plahutnik stated that more than once during the discussion he has heard the phrase, 'we would stop before any further erosion.' The phrase itself is considering this an erosion of the neighborhood and an odd thing that even some of the supporters have admitted. Plahutnik noted comments about these three properties calling attention to themselves and being out of place in a commercial main street. He stated he has a serious concern about turning the corner of Bloomington and putting a large scale building there. There has been a lot of opinion presented as data. Staff has a hunch that this will stimulate the area rather than a collection of data supporting that. Without data he stated he has a good hunch that this will radically change the nature of Bloomington Street. It is one more section of the Northside changing in a dramatically different way that will never go back. Weitzel stated that the Commission cannot separate the zoning comprehensive plan change and the building design, both necessitates each other. If it was cost effective to do this project with two lots on Linn Street, they probably would have only used the two lots and not added the cost and expense of a third lot. Plahutnik stated that their expense is not the Commissions concern. Weitzel stated that the comprehensive plan says they need to take things into account such as economic development as well as good urban design which are legitimate concerns. He stated base on what he has seen one could not come to the conclusion that this would be bad for the community. Eastham stated that this approach provides a diversity of house types for a diversity of li residences Eastham feels that the housing needs for nonstudents in a heavily student occupied area in the community is going to be met by something other than maintaining exclusively single family residences that have already been converted to multiple units. This information that has been provided by the staff and the developers is evidence of that. A vote was taken and the motion carried 5-1, (Freerks absent, Payne abstained). REZ11-00013: Discussion of an application submitted by Mane Gate, LLC for an amendment to the Planned Development Overlay High Density Single Family (OPD/RS- 12) zone to allow ground floor residential uses in lieu of commercial space and to remove the requirement to building 20 garage spaces shown on the original approved plan for Planning and Zoning Commission September 15,2011 -Formal Page 13 of 22 approximately 2.73-acres of property located at 2785, 2829, and 2871 Heinz Road. Miklo stated that this plan was approved in 2005 and the buildings were built in 2006. He showed the location of the property on Heinz Road east of the Bon Air Manufactured Housing Park. One of the properties contains residential on the ground floor and the upper floor. Two of the properties have a mixture of commercial and residential on the ground floor and then solely residential on the second floor. The applicant has requested that the plan be amended to allow additional residential uses on the ground floor. The applicant indicates that there has not been a market for commercial in this area. Staff feels in the future with the extension of Heinz Road and the future arterial street there may be the possibility for commercial demand in the area. Staff would recommend approval of the applicant's request which would allow up to five additional dwellings on the ground floor. The zoning will allow the flexibility of allowing the ability to convert some or all of the space to commercial in the future if there is a market. Miklo stated that the original plan showed two garages containing 20 stalls along the west property line adjacent to the Bon Air Manufacture Housing Park. The garages were not built when the buildings were built. There were parking spaces installed where the garages would have been and there was an evergreen hedge planted. Because the garages were shown on the Plan Development they are a requirement of the plan. The applicant is requesting that the garages be removed from the plan and the screening act in lieu of the garages. The screening does do a good job of blocking headlights or the view of the parking. Staff feels that is a judgment call, but one thing he asks the Commission to think about is if garages were not proposed when originally considering this rezoning, would they have approved it anyway. Payne asked if this was a Planned Development and not a CZA. Miklo confirmed that was correct. Koppes opened the floor to the public for comment. Steve Gordon, 605 Grandview Court, University Heights, stated he was with AM Management and they provide the management for Main Gate LLC. Saddlebrook was brought into the city many years ago and there was some commercial contemplated for the area. At that point it was thought that the Parkway and Heinz Road might be completed quicker than what it was. He stated that without the Parkway going through and Heinz Road connecting to that it is basically just a residential neighborhood. When this was originally built they worked with the city and they wanted to have it all residential but because of the discussion they agreed to put in some sort of commercial which ended up being over nine thousand square feet of commercial. For five years they have tried to fill it and a lot has been empty for most of that time. It is just not a high traffic area and unless you live there you really have no reason to go down Heinz Road. Gordon stated that they did have some commercial uses. The proposed five residential units fit within the density for that size of lot. That will take approximately less than four thousand square feet so there will still be over five thousand square feet of commercial. Some of that is used by offices and there will still be some empty spaces available for future use even after the five units are converted. As Miklo stated that if and when the Parkway goes through to Heinz Road and becomes more of a major traffic route, this area would be conducive to commercial. What they are requesting is to have the flexibility to consider either commercial or residential. Gordon stated he feels they have given it a good effort in trying to get it leased out, they have leased a few spaces and they have had some tenants that stayed a couple of years and then left and they have had some permanent tenants. There is just a quite a bit of commercial space Planning and Zoning Commission September 15,2011 -Formal Page 14 of 22 sitting empty and very difficult to rent in that location. He stated he would just like the opportunity to put that space to use and allow five more families to move into the area Koppes asked Gordon to talk about the garages. Gordon stated that they have some garages for other apartments that they own in the area In a residential apartment setting there isn't a lot of demand for garages. Not everyone wants them and there is an extra cost for them, if you want one your rent is higher. They do not justify themselves from a financial aspect. People are not willing to pay extra for a garage based on what they cost. He stated that there was not a demand for them. Eastham asked if there was demand for them in the future would he add the garages. Gordon confirmed that he would. Payne asked how Gordon would convert the commercial space to residential space. What would be done with the large windows and how would it look in the end. Gordon stated that they would replace the large windows with residential style windows, which was shown in the elevation drawings. There would be some exterior construction as well as interior construction. Payne asked with the matching brick. Gordon confirmed that was correct. He stated that the units that are there now are one and two bedroom units and that is what they would build. 1 Weitzel asked that if there was a need to go back to the commercial or to build the garages, how would Gordon approach that. Would that be done as a vote through the condo association or as an owner would J ou just decide that. Gordon stated that at this point there are thirty units Y there that are apartments so there is one common owner and it would be their decision. Koppes closed the public hearing. J Eastham moved to approve REZ11-00013 application submitted by Mane Gate, LLC for 4 the a amendment to the Plan Development Overlay High Density Single Family (OPD/RS- 12) zone to allow ground floor residences to use some nine thousand feet of commercial space for approximately 2.73-acres of property located at 2785, 2829, 2871 Heinz Road. The plan be amended to allow open parking space where the garages on the associated property. Payne seconded. Koppes asked if they should add a requirement for the evergreens. Miklo stated that the evergreens are already in and it would be a requirement of the code. If you have parking you have to have it screened. Koppes asked for discussion. Weitzel stated that it seems appropriate. As time has gone by the design did not live up to it and it is time to change it. Payne stated that the garages were originally put in the plan as a buffer and she thinks that now that the evergreens are growing up they are just as good of a buffer as the garages would be. If they built garages and nobody wanted to rent them they would be taking parking space away from the area. '$ 1 i Planning and Zoning Commission September 15,2011 -Formal Page 15 of 22 Koppes stated that she is glad that not all of the commercial is not being removed. She stated she would like to see some of it remain there. A vote was taken and the motion carried 6-0, (Freerks absent). DEVELOPMENT ITEM: SUB11-00013: Discussion of an application submitted by Saddlebrook Meadows Development for a preliminary plat for Saddlebrook Meadows Part 2, a 21-lot, 3.57 acre residential subdivision located at Whispering Meadows Drive and Pinto Lane. Miklo stated that the application meets the subdivision standards and the Staff recommends approval. Payne stated she was going to talk about the mailbox clusters. Miklo stated that they have added a mailbox cluster in the vicinity of Lot 59. Koppes opened the public hearing. Steve Gordon, 605 Grandview Court, University Heights, stated he was with AM Management. They planned Saddlebrook Meadows Part One about four or five years ago as they finished the development to the north Whispering Meadows Part Two and Three. Thinking they would continue on and then the economy and housing went bad. They were never able to move forward. Looking back they would have included this part of it to double load the streets. Gordon stated they are ready to develop this land now and they have started on part one moving dirt. If they are building the streets, Whispering Meadows Drive and Pinto Lane with part one they felt it makes sense that while they are doing that they should continue on and utilize the land on the other side of the street for additional lots. They came up with the concept for part two. He feels it meets all the codes of the RS-8, the current zoning, and they have worked with the engineering department as well as City staff to make changes. Koppes asked if there were any questions. There were none. Koppes closed the public hearing. Payne moved to approve SUB11-00013 an application submitted by Saddlebrook Meadows Development for a preliminary plat for Saddlebrook Meadows Part 2, a 21-lot, 3.57 acre residential subdivision located at Whispering Meadows Drive and Pinto Lane. Eastham seconded. Koppes asked for discussion. Payne stated that her concern was that there is no place to pull over to get your mail. That people would be blocking part of the street to get the mail. She understands that the existing codes and ordinances do not do anything with that for this subdivision but she would like to add it for the future. Miklo asked if she wanted to add it to the program as something to look into for the future. Eastham stated he would support it. Weitzel confirmed. Planning and Zoning Commission September 15,2011 -Formal Page 16 of 22 A vote was taken and the motion carried 6-0, (Freerks absent). SELF SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT ITEM: Discussion of an application for a Self Supported Municipal Improvement District (SSSMID) for property located within the Central Business (CB-10) zone (Downtown) and the Central Business Service (CB-2) and the Central Business Support (CB-5) zones generally located north of Iowa Avenue (Northside Marketplace). Ford stated that Council received a petition to create a SSMID district on August 25 and that the petition meets the statutory requirements for the number of owners and the valuation required for signatures on that petition. The Commission's job on this agenda item is to review and make an evaluative report to the City Council on the merits and the feasibility in the proposed Self Supported Municipal Improvement District. Consideration for the evaluation, merits, and feasibility revolve around the property included to the taxes levied and the plan itself. Ford stated that the property included in the proposed district meets all of the criteria required by Iowa law in that it is contiguous, it is zoned commercial, it is within Iowa City boundaries and it is related in the manner that it is the Central Business District and the Central Business Support zone, including Northside Marketplace. The proposed tax rate is two dollars per thousand of valuation. The funds are proposed to be used for new and enhanced activities or services within the district. The operational expenses will include developing and managing a marketing program for the area; developing and managing special events, activities, doing business retention and attraction, expanding the park and shop and bus and shop program, and making physical or other improvements or enhancements to the downtown area including beautification, flower boxes, plantings and holiday lights. Finally, the SSMD would create two new jobs—a business development manager and assistant business development manager. Ford stated that the petition states specifically that the City will not diminish the type and extent of any of the services that it already provides for the area within the SSMID district if enacted. The proposed district and plan of work appear to be consistent with all existing laws, plans, and City policies including the City-University Urban Renewal Plan, the 2008 Central District Plan, the 2007 Downtown Market Niche Analysis recommendations and the Comprehensive Plan which states the goals of keeping the downtown area vibrant. The petition states that notwithstanding the fact that part of the proposed SSMID district is within a TIF district the amount of funds that would be derived from an annual SSMID levy from properties in that TIF district will still be made available annually to the SSMID activities and that the City should take all necessary actions to make that happen. The petition states that the tax levy would begin in fiscal year 2013 and sunset in four years generating roughly $280,000 per year. Ford stated that the University of Iowa has also announced their intention to partner with the SSMID efforts by contributing $100,000 annually to the SSMID budget. The combined sources and uses of these funds appear to allow for the feasibility for SSMID to actually work. Planning and Zoning Commission September 15,2011 -Formal Page 17 of 22 Plahutnik recused himself as he is employed by a business with the proposed district. Payne asked about the wording for the number of property owner representatives on the SSMID board. Hektoen stated that that would be a question for the petitioners because it is their phrasing. Eastham asked if the University does not contribute their promise of$100,000 per year to the activities of the district is the amount of tax revenue available in the district sufficient to accomplish all of the elements set out in the petition. Ford stated that the primary elements would be able to be accomplished. The $100,000 is right now a spoken intention and there can be no stronger commitment from the university because the SSMID Board, with whom they would be contracted, has not yet been formed. Ford stated that she could not state anymore regarding the commitment, the budget would allow for some flexibility. She has heard from appropriate parties that there is interest in getting this off the ground sooner than later. Dyer asked if businesses that rent property would be taxed twice, once as renters and the other as tacked on by their landlords. Ford stated that generally landlords pass taxes on through to their tenants. Any additional taxes associated with this levy would be handled in the same way by the landlords passed on once through the lease. Dyer asked if renters could be taxed separately as well Hektoen stated it is just the property owners. Koppes clarified that it is a part of the property tax bill. Koppes opened the public hearing. Karen Kubby, 1425 Ridge Street, Iowa City, stated she was the chair of the Downtown Association SSMID committee. As an update, they have received more petition signatures and they now have 54 out of 143 unique property owners signed, getting them to just below thirty- eight percent in the proposed district and forty-eight percent of assessed value represented. They are excited because even though they were done collecting signatures, there were people that still wanted to sign. It is an indicator of some of the enthusiasm for this project. When you look at the signatures on the petition there is a nice balance between Northside and downtown. There is a nice balance between retail on the ground floor and office uses on the second or third floor. Kubby stated that in terms of the petition itself they feel they have been very clear about the intent of the language about how the board will be composed and that it is clear to the committee and it is clear to those that signed the petition. To clarify Payne's question, Kubby stated that there would be two different, unique people representing certain categories of size of business and size of property. They feel that if any language change made now it would j denigrate the integrity of the signature process. They would like to keep the language as it is Iwith a clear understanding of what their intent was how they explained it to people and the general understanding of those who signed the petition. Payne stated that the first time she read it didn't make sense. It says, two from property owners or their representatives from a single property.' She stated she read that as one property is going to have two people not two separate properties each having a representative. Payne stated that once she went back and read it she understood what it meant it is just not clear up front. She stated that if they were going to have a board that picks your first board member and everyone understands what it means than that is the important part. Kubby stated that she felt it was clear to the signers as they were shepherding the process of gathering j I i Planning and Zoning Commission September 15,2011 -Formal Page 18 of 22 signatures. Dyer stated she was confused by the one representative from the Northside. Kubby stated that they wanted to guarantee that there was at least one but it could be multiple. She stated there also could be people who lived there, whether they owned or rented their dwelling downtown, or someone who doesn't live, work or own a business downtown who might wants to be on the board. They wanted multiple seats for more diversity in terms of stake holders in the community. Dyer asked what the marketing directors are going to market. Kubby stated that they would market the SSMID area. They want people to know the diversity of things and that there is something for everyone. They also want to do some larger regional marketing so people know they can come for the weekend or extended visits. They can park once and walk to do lots of different activities and then get in their car once to get back home. Eastham asked if organization committee has given some thought to the possibility of property owners that did not sign this SSMID petition having representation on the SSMID board. Kubby stated that anyone that meets the criteria will have the opportunity to apply to be selected to be on the board so it will not be limited to just those that signed the petition. There are a lot of people out there that didn't sign the petition, not because they were against it, but because they made a choice to be neutral on the issue. So just because someone didn't sign the petition doesn't mean they are against it. Koppes closed the public hearing. Weitzel moved to approve an application for a Self Supported Municipal Improvement District (SSSMID) for property located within the Central Business (CB-10) zone (Downtown) and the Central Business Service (CB-2) and the Central Business Support (CB-5) zones generally located north of Iowa Avenue (Northside Marketplace). the SSMID. Payne seconded. Weitzel stated that he was excited to see this move forward it has great potential to bring great things to downtown. Payne stated that it is a unique way for businesses to partner together to promote the downtown and the Northside area. It will be a good thing for the community. Eastham stated that the University of Iowa seems to be willing to contribute money to the marketing efforts is commendable step on their part as well as the business owners and their willingness to pay a small additional amount of property taxes in order to support the marketing activities of the district. Koppes stated that SSMIDs have been proven to work in other cities so she feels it is a good addition for the downtown and the Northside Marketplace to help get the word out about what is down there. A vote was taken and the motion carried 5-0, (Freerks, Plahutnik excused). Planning and Zoning Commission September 15,2011 Formal Page 19 of 22 URBAN RENEWAL PLAN: Discussion of the Riverfront Crossings Urban Renewal Plan for approximately 45 acres of property bordered by Highway 1 on the south, Myrtle Drive on the north, the Iowa River on the east and generally Orchard street on the west. Ford stated that the Commission's job on this agenda item is to review the Riverfront Crossings Urban Renewal Plan for its conformance with the Comprehensive Plan and to submit a recommendation to City Council. The purpose of an urban renewal plan is to provide a vision and to enable the possibility of city-assisted development and public improvement projects through the use of TIF. Public projects in this case might include things such as beautification of the Riverside Drive commercial corridor, connecting the trail system along the river, and fixing conditions that impair the environmental or economic health of the community. Ford stated that an Urban Renewal Plan can be established for the purposes of economic development or slum and blight. This area was beginning to show the signs of blight before the flood of 2008 which worsened existing conditions and added new ones. Blight tends to lead to the disinvestment of the area drawing down property values and slowing the growth of the city. It can be a liability physically, economically and socially. In an analysis of the properties in the area it was revealed that there was a significant finding of blight which merits the establishment of Urban Renewal Plan for blight purposes. Ford stated that there are slides to show the type of condition meriting the blight designation and the language from the Iowa code that is used to describe blight in this case. One of the conditions is defective or ineffective street layout. Ford pointed out on the slide the various street layout issues. Another condition in the definition of blight is a faulty layout in relation to the size, adequacy, accessibility, or usefulness of a lot. Ford stated the plan appears to be in conformity with both the 2002 Southwest District Plan and the Comprehensive Plan. Payne asked why this area is to be included in the Riverfront Crossings area and why was it this area that was picked to do first over other areas on the other side of the river. Miklo answered the first question by stating that when the first round of the Riverfront Crossing Plan was done staff was focusing on the east side of the river. During that process, members of the public, counselors, and commissioners stated that if you fix up that side and leave the other side as it was it would not be a good relationship, so staff has broadened the Riverfront Crossings to the west side of the river. Eastham stated the railroad trestle across Riverfront is an unsightly landmark. His personal preference would be to improve the appearance of that trestle. It was mentioned in the Miller Orchard Neighborhood Improvement plan as well Ford stated that is privately owned property and the city would entertain ideas to partner on an improvement. Koppes opened the public hearing. There was none. Planning and Zoning Commission September 15,2011 -Formal Page 20 of 22 Koppes closed the public hearing. Payne moved to approve the Riverfront Crossings Renewal Plan for approximately 45 acres of property bordered by Highway 1 on the south, Myrtle Drive on the north, the Iowa River on the east and generally Orchard Street on the west. Weitzel seconded. Koppes asked for discussion. Dyer stated that there wasn't any designation about where the flood plain would be. She asked if any of them would have to be elevated. Ford confirmed that was correct. Hektoen stated that there are other ordinances that guarantee buildings be flood proof or out of the 500 year flood plain. Payne stated that it was helpful to have a better understanding of what blight means and wanted to reiterate that blight doesn't necessarily mean that something is unkempt or disorderly. It can just mean poor traffic flow or something to that effect. Eastham stated that to him the term blight as it is defined by the statute does not apply to a number of the businesses and properties in the proposed urban renewal area. There are a number of businesses that are quite attractive. Miklo stated that blight is usually a negative but it is often not of the making of the property owner. Payne stated that it did not necessarily mean the property owner was at fault. Weitzel stated that this area has always been gritty but this area from the tornado and the flood has really contributed to the declining trends. Koppes stated that she was excited that something is going to get done to this area. The TIF district gives some options for business owners to redevelop and to put new businesses there. Payne stated that it was a gateway into the city and it could use some beautification. A vote was taken and the motion carried 6-0, (Freerks absent). OTHER: Miklo stated the Commission is familiar with fringe area agreement between the City and Johnson County that deals with the land within two miles of the city. It gives the City the ability to comment on the zoning actions of the county, but also gives them the ability to approve or deny subdivisions in that area. The fringe area agreement has been in place for a number of years. It does have a time line where it is reviewed every five years. Either it is reviewed and amended or automatically renewed. The five year time limit is October 16, 2011 and the County has asked if there are any concerns or is the agreement okay as is. From staffs perspective there have not been that many cases dealing with the fringe area agreement. It is not promoting development in the two miles and it is leaving that area for future annexation and control by the City. From staffs perspective they do not see any reason to revisit the agreement and suggest continuing as is Koppes asked when annexing something into the city does those two miles go from the new annex or from where it was. Miklo stated that whenever they annex the fringe area agreement states that the City will decide to expand it on a case by case basis. In most cases they have Planning and Zoning Commission September 15,2011 -Formal Page 21 of 22 chosen not to because it has been just a small bump out. Miklo stated that there did not need to be a vote but if there was a concern we would put it on the future agenda. The consensus of the Commission was to continue the Fringe Area Agreement as is. CONSIDERATION OF MEETING MINUTES: August 29th, 2011 and September 1st, 2011: Eastham moved to approve the minutes. Weitzel seconded. The motion carried 6-0 (Freerks excused). ADJOURNMENT: Weitzel moved to adjourn. Payne seconded. The meeting was adjourned on a 6-0 vote (Freerks excused). i ,i a � XXXXXXX o) � XX0XXXX co� XX -- XXXX ElXXXXX -- X tixXXX00 a0XXOXXX VXXXXXXX Z N 1- -- XXXX -- X � XXXXXXX ND Em 00 z � 0XXXX0X Z 0 to aXX0XOXX Ow m W w W ZC� o 2 N : XXXXXX � XXXXX0X OQN a 2 °� W 0 4 _1 XXXXXX 0 in0XXXXXX Z LL Z LL ool Za iri l XXXXXX N � XXXXXX a -I CI. N X X X O X X M ; X X X X x x Ni XXXXXX N : X X X X X X l N Cl) E 2114 COCOMNI.f) It) m 2L000OMNoLom 0 Wdin nin n nin i iBiB � � '' LO � wa � � l.n � � � � -� C� I- W C C C C C C 0 .- W O o 0 o 0 0 0 Cl)°) mz . 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