HomeMy WebLinkAbout2013-09-17 Bd Comm minutes4b(1)
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MINUTES APPROVED
PARKS AND RECREATION COMMISSION
JULY 10, 2013
ROBERT A. LEE COMMUNITY RECREATION CENTER — MEETING ROOM B
Members Present: Clay Claussen, David Bourgeois, Maggie Elliott, Allie Gnade,
Cara Hamann, John Westefeld, Joe Younker
Members Absent: Lucie Laurian
Staff Present: Mike Moran, Chad Dyson, Terry Robinson
Others Present: Connie Peterson, Alex Taylor, Jan Palmer, John Christens,
Rockne Cole, Sarah Clark, Thomas Baldridge, KT Labadie
CALL TO ORDER
Chairman Claussen called the meeting to order at 5 p.m.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate
Council action):
None
Moved by Bourgeois, seconded by Gnade, to write a letter to council on behalf
of the Parks and Recreation Commission that includes the Commission's
concerns and desire to have input regarding the effect that The Chauncey
construction will have on Chauncey Swan Park. Motion passed 7 -0 with Laurian
being absent.
Moved by Elliott, seconded by Westefeld, to approve the May 8 minuets as
written. Motion passed 7 -0 with Laurian beina absent.
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Due to an unforeseen move, Alex Taylor announced that he must resign his post on
the Parks and Recreation Commission. Taylor expressed his gratitude for the
opportunity to participate on the Parks and Recreation Commission, even if for a short
time. He further stated that he is very impressed with this board, saying that this is
one of the "healthiest" boards he has had a chance to serve on. He mentioned that this
Commission pays a quiet service to the City of Iowa City and a lot of people don't
realize that members do this on a voluntary basis. He thanked the Commission for
their service from both a citizen and a past member status.
Rockne Cole from 1607 E. Court Street was present to hear discussion about The
Chauncey and how it will affect Chauncey Swan Park. He noted that these sorts of
projects should seek Parks and Recreation Commission input prior to the project being
approved. He was anxious to hear how long the park will be impacted. Claussen
noted that John Yapp, City Staff, was not able to attend tonight's meeting due to a
conflict so won't be able to hear from him tonight, however Cole was encouraged to
speak during the Commission discussion.
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 2 of 7
THE CHAUNCEY:
Claussen reviewed some concerns mentioned by the commission members following
the architects' presentation at the June Parks & Recreation Commission meeting.
Commission concerns include the impact on Chauncey Swan Park as well as the Iowa
City Farmers Market and the surrounding area. Westefeld asked staff if there had
been any changes to the plans since the June meeting. Moran noted that contract
negotiations will begin this next week. The final design, including how many stories the
building will be, has not yet been determined.
Bourgeois stated that no matter how many stories the building is to be, it will have an
effect on the park as this will likely be the construction staging area. He stated that he
doesn't have concerns himself about the shadowing.
Claussen asked Terry Robinson for his input regarding shadowing concerns. Robinson
noted that he is not a shadow expert but as he understands the park use plans, there
will not be much of a green space. If there is to remain green space in the park, the
shadowing with naturally have an effect on trees, grass, plants etc. However, he
assumes that when new plants are purchased they will choose accordingly.
Claussen noted that if the park is going to be designed as shown in the preliminary
plans, with the showing of movies etc., in the park, it appears that there would have to
be very few trees. He feels that this would damage the contour of the park and its
function as an adjunct space for the farmers market.
Thomas Baldridge, a native of Iowa City, asked why the project was not flip - flopped, in
other words, why the building was not placed on the northwest corner with the park on
the southeast corner as was suggested in one of the proposed designs. He wondered
why this idea was not accepted by council. Gnade noted that at the June Commission
it was explained that in so doing, they would have to raise E. Washington Street out of
the flood plain which would be a major project and would add significantly to the cost.
Elliot inquired about the goal of the Commissions discussion this evening in light of the
absence of John Yapp. Claussen noted that as an advisory board, the Commission will
discuss concerns etc. about the project within the group and then perhaps put their
comments in a letter to City Council. The Commission determined it was appropriate
to move forward with their discussion. Joe Younker, Commissioner, will draft a letter to
Council based on the Commission discussions. He will send this to all Commission
members for their input prior to sending on.
Sara Clark, resident of Iowa City and a member of the public, noted that she likes what
she is hearing from the Commission tonight. She believes that the Parks and
Recreation Department and Commission should have input, especially in regards to
the park as it will likely be affected by this project for two years. She further noted that
it is important for the Commission to go on record as they speak for the Community.
Further discussion ensued. It was said at the June meeting that there would be little
impact to the market. However, Gnade noted that in other towns, construction had a
great deal of impact on markets.
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 3 of 7
Jan Palmer, community member, stated that since the City will retain ownership of the
park, the commission should be included on the design of the park and also have veto
power over such designs. It seems to her that the design of the park is really to benefit
the building. She noted her concern that when the public walks by the park, it is a
calmer environment than the business district of Iowa City. She believes it needs to
stay that way. She also would like to see the farmers market continue to have access
to the park.
Claussen said that the park will be restored to a park space after the building is
complete. He questions whether Moen will want access to his building from the north
and if so, he will likely have to build a structure in the park area to provide a street level
entrance. Claussen said he would be opposed to such a plan.
Younker asked staff what involvement the commission has had in the past regarding
development. Moran said there has been involvement when discussing a
neighborhood park as part of a development; however, this situation is quite different.
There has been no involvement requested from the department to date.
Westefeld asked what the goal of the letter is. Moran stated that it might be to just let
the council know that the department and /or commission would like to be involved in
the process from the beginning in future projects and would like to have input on this
project prior to negotiations beginning. Commission may want to request regular
(weekly) updates on the project.
Moved by Bourgeois, seconded by Gnade, to write a letter to council on behalf
of the Parks and Recreation Commission that includes the Commission's
concerns and desire to have input regarding the effect that The Chauncey
construction will have on Chauncey Swan Park. Motion passed 7 -0 with Laurian
being absent
FRIENDS OF HICKORY HILL PARK REPORT:
KT Labadie reported. She stated that the Friends of Hickory Hill Board met this past
Monday. Discussion included concerns regarding the construction of a condominium
on 1 st Avenue and its close proximity to the park. The group discussed what they are
comfortable with taking to Planning and Zoning and to Council. Labadie noted that the
group is not anti - development, but she does not see anything in place regarding storm
water and this is a big concern for them with their experiences in the past. There were
issues that occurred when there was some work done at Regina. The slope work
created some problems with the trails and trail blowouts occurred. Their main concern
is that this development does not impact water into the watershed, specifically Ralston
Creek. They will be looking for some assurance from P &Z and the Council about how
this development progresses and how it will affect Hickory Hill Park.
Labadie continued to report that prairie burns will take place this fall. Due to the wet
weather this spring, they were not able to complete a burn at that time. Labadie is
working with Moran on funding half of the cost for the prairie burns. The Friends
received a grant from Rockwell to cover half of the cost as well.
Labadie mentioned that Bob Sessions, former board member who is still very involved
in the park, wants to get more involved with the City and park issues. He will be
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 4 of 7
working with John Kardos, a current board member, on developing a trails and bridge
assessment. They will be mapping out the priorities, sorting them by immediate needs
and long term needs. A high priority for them will be making the trails more stable.
Labadie said that they are hoping to include some of the longer term needs into the
City CIP.
The Friends group is gearing up for a public relations campaign in an attempt to get
the public more interested in the park and to acknowledge that there are some major
safety issues that need to be addressed. People avoid the park at certain times of the
year because of trail issues such as the slope conditions, which make the trail slippery.
They hope to get more public support therefore, letting the Council know the
importance of funding these projects.
Claussen asked what the construction project near the park entailed. Labadie said that
it was originally going to be a second access into Regina; however, it ended up being
sold for the development of condominiums.
DoaPAC REPORT:
Connie Peterson was present from the DogPAC Board. Peterson handed out the
results of a major survey that was conducted by the board regarding dog parks in Iowa
City. DogPAC has written two resolutions in response to the survey results. One is to
set aside an area for small and special needs dogs in the existing Rita's Ranch Dog
Park. The second resolution is to support limitations on advertising at the parks. There
were some maintenance issues that were mentioned in the surveys as well. Staff has
bumped up the maintenance in the dog parks and they both are beautiful. Peterson
noted that it has been great working with the Parks and Recreation Department.
Bourgeois mentioned that he attended the last DogPAC meeting and the subject of
sharing funds from dog tag sales came up. Moran noted that this was previously a
passionate subject and was just recently changed to where the City receives all
revenues from the dog parks. The Commission would require very detailed accounting
records before considering any changes to this agreement.
Bourgeois also noted that during the Dubuque St. construction, the attendance at
Rita's had picked up and some have chosen to keep using this park rather than
returning to Thornberry.
LAKE USAGE AT TTRA:
Moran shared that when the river was closed during the flood that the community
rowing team came in to use the lake for a couple of weeks. They really liked it and
want to return. Dyson and Moran met with them about doing some high school and
other programing this fall. U of I just hired a new community rowing manager. Staff
anticipates that it will be a positive relationship. They will not use the entire lake and
will be done prior to Fin & Feather H2O opening up for boat rentals at noon.
Moran announced that swimming is not recommended at the lake. There was a beach
in the original plan, however, that had been cut out due to lack of funding. Department
will likely post signs letting the public know that swimming is not recommended.
Claussen noted that he received a call from a person who got swimmer itch, a parasite
that affects any exposed areas of skin. Hamann noted that a couple of her friends also
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 5 of 7
reported contracting this after swimming in Sand Lake at TTRA. Moran reported that it
is caused by the growth of weeds at the bottom of the lake and a lot of water fowl as
well. Moran is checking into treatment if there is any.
ADA REPORT & DISCUSSION:
Moran announced that the department just received their ADA Audit report this
afternoon. His goal is to have John McGovern come to the August Commission
meeting to hit the main highlights. The department decided to have this audit done in
light of many violations that were found in Des Moines and with the age of this
building. This three building study cost about $18,000. Moran would like to move
forward with studies on the parks by auditing a few each year. Moran mentioned that
some of the renovations being done to the Recreation Center will cover a few of the
concerns.
RECREATION DIVISION REPORT:
Dyson reported that it has been a very busy month for aquatics with the addition of the
Fairmeadows Splash Pad, daily monitoring of all three pools, and the planned
shutdown of Mercer Pool in August. There will be deck repairs, tile work and painting
done to Mercer Pool. Staff will be interviewing and hiring a consultant for the City Park
Pool project.
Dyson noted that summer activities are wrapping up. He announced that the City Park
Rides are back up and running after being closed for several weeks due to flooding at
the park.
PARKS DIVISION REPORT:
Robinson announced that the construction of the Reno St. Park Shelter was started
but then stopped in order to build the Fairmeadows Splash Pad chemicals building as
there was a deadline for that project due to it being funded through CDBG money.
There was also a delay due to the building of boat docks and TTRA and finally delayed
again due to the flood. Staff is now back to working on the Reno St. Park shelter and
hope to have it complete by July 18 in time for the Party in the Park. As far as City
Park repairs due to flooding, sand removal and reseeding lower City Park needs to be
done. Other projects to be complete are building shelters at both Mercer Park and
Shelter #6 at City Park. Staff was well prepared for the flood in City Park. Little
damage occurred to equipment and no damage to electrical system. Unfortunately, the
old shelter #6 has become bat infested and, therefore, no rentals are allowed at this
time. We will attempt to accommodate all of those that had previously rented the
shelter for future dates. They will be given the choice of moving to another shelter,
having a tent rented by the City for their event, or cancelling and getting a refund of the
rental fee.
DIRECTORS REPORT:
Flood Update: Moran reported that while there were some trails under Hwy 6 that were
covered in water, and of course, the damage to City Park, overall the flood was mild
compared to 1993 and 2008.
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 6 of 7
TTRA: Moran attended a preliminary walk through of the lodge and will do another
walk through next week. There will be a department staff meeting tomorrow to discuss
plans for the upcoming grand opening celebration on August 24 and 25. The process
for the Event Services Coordinator is moving forward for both The Park Lodge at
TTRA and the Ashton House. He hopes to have that person on board in early to mid -
August.
Ashton House: The renovations to the house have not yet started. The City has
contracted Iowa State Contractors to do the work which is the same group who did the
landscaping in Phase 1. Construction will start on the interior of the house as soon as
City receives FEMA approval. Staff hopes to have Ashton House ready for the holiday
party season.
Fairmeadows Splash Pad: The Fairmeadows Splash Pad is now open with minimal
problems and great attendance. Bourgeois asked what the cost for the splash pad
was. Moran reported $140,000 - $150,000. Wetherby is also seeing great attendance.
Hickory Hill Saferoom: This project is expected to be complete by September.
Annual Park Tour: The Commission agreed to go on their annual parks tour during the
October 9, 2013 meeting.
NEIGHBORHOOD OPEN SPACE REVIEW:
None
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
None
ADJOURNMENT:
Moved by Younker, seconded by Bourgeois, to adjourn the meeting at 6:35 p.m.
Motion passed 7 -0 with Laurian beina absent.
PARKS AND RECREATION COMMISSION
July 10, 2013
Page 7 of 7
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
NAME
N
N
N
M
M
M
M
M
M
M
O
10
t
4
M
M
O
O
TERM
EXPIRES
Z
~
`'
00
r
N
M
v
m
n
David
1/1/15
X
LQ
X
LQ
X
X
O/E
O/E
X
X
X
LQ
X
Bourgeois
Clay
1/1/14
X
LQ
X
LQ
X
X
X
X
X
X
X
LQ
X
Claussen
Maggie
1/1/13
O/E
LQ
X
LQ
X
X
X
X
X
O/E
X
LQ
X
Elliott
Allison
1/1/14
X
LQ
X
LQ
X
X
X
X
X
X
X
LQ
X
Gnade
Cara
1/1/16
X
LQ
X
LQ
X
X
X
X
X
X
X
LQ
X
Hamann
Aaron
1/1/13
X
LQ
X
LQ
O
O
Krohmer
Lucie
1/1/15
O/E
LQ
X
LQ
X
X
O/E
O/E
O/E
O/E
O/E
LQ
O/E
Laurian
Alex
1/1/16
*
*
*
*
*
X
X
X
X
X
Taylor
John
1/1/14
X
LQ
X
LQ
X
X
X
X
X
X
X
LQ
X
Westefeld
Joe
1/1/16
X
LQ
X
LQ
X
X
X
X
X
X
X
LQ
X
Younker
KEY: X = Present O = Absent O/E = Absent/Excused
NM= No meeting LO = No meeting due to lack of quorum
* = Not a member at this time
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CITY OF IOWA CITY
4b(2)
MEMORANDUM -
Date: August 27, 2013
To: Mayor and City Council
From: Bob Miklo, Staff Member for Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their July 18, 2013 meeting the Planning & Zoning Commission made the following
recommendations to the City Council:
1. The Commission voted 7- 0 to recommend approval of REZ13- 00004, an application
submitted by Jeff Miller Construction to rezone 1.05 acres of property from Low Density
Multi- family (RM -12) to Low Density Multi- family residential with a Planned Development
Overlay (OPD /RM -12) subject to compliance with the submitted Sensitive Areas Plan
and a Conditional Zoning Agreement to ensure that the recommendations set forth in the
geo- technical survey are followed in the design and construction of the development,
and that the building is designed according to the submitted elevation drawings with any
additional conditions imposed by the Design Review Committee to ensure that the
building complies with the Central Planning District multi - family site development
standards; and that the planting areas to the north of the parking lot be planted with
trees, shrubs, and ground covers as recommended in the approved list of Johnson
County Heritage Trust; and retaining walls over three feet in height located north of the
building be screened from public view from the right -of -way; and additional trees upright
in form shall be planted south of the building to provide screening, where possible.
2. The Commission voted 7- 0 to recommend approval of REZ13- 00018, a request to
amend the Sensitive Areas Ordinance for approximately 7.13 acres of land located at
Mormon Trek Boulevard and Dane Road SE subject to the applicant funding an escrow
account to assure completion of the proposed wetland mitigation improvements. With
the commencement of the mitigation plan and the establishment of an escrow,
other development with the subdivision would be allowed to proceed.
3. The Commission voted 7- 0 to recommend approval of amendments to the Zoning Code
to implement the recommendations under Bullet #2 in the staff memorandum expanding
the allowed uses in the CI -1 zone and allowing these newly proposed areas under the
same conditions as apply in the CC -2 zone:
Uses allowed in the CI -1 zone should be expanded to allow the following CC -2 uses
with the same standards and provisions called out in the CC -2 zone:
• Restaurants and bars
• Medical and dental offices
• Personal services (banks, salons, dry cleaners, laundries and similar)
• Hotels and motels
• Religious and private group assembly
• All sales- oriented retail (currently limited to certain uses)
August 29, 2013
Page 2
4. The Commission voted 7- 0 to recommend approval of amendments to Title 14: Zoning
Code as outlined in the staff memorandum of July 11, 2013, to delete specific street
requirements for Daycare Uses, General Educational Facilities, and Religious /Private
Group Assembly Uses.
Additional action (check one)
x No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
PLANNING AND ZONING COMMISSION APPROVED
JULY 18,— 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, Jodie Theobald, John Thomas
MEMBERS ABSENT: None
STAFF PRESENT: Karen Howard, Darian Nagle -Gamm, Sarah Greenwood Hektoen
OTHERS PRESENT: Jeff Miller Mark Schuchard, Ed Wasserman, Liz Christiansen,
K. T. Labadie, Walter Seaman, Judy Buddenbaum, James
Mossman, Liz Maas, Casey Cook
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 7- 0 to recommend approval of REZ13- 00004, an
application submitted by Jeff Miller Construction to rezone 1.05 acres of property
from Low Density Multi- family (RM -12) to Low Density Multi- family residential with
a Planned Development Overlay (OPD /RM -12) subject to compliance with the
submitted Sensitive Areas Plan and a Conditional Zoning Agreement to ensure
that the recommendations set forth in the geo- technical survey are followed in the
design and construction of the development, and that the building is designed
according to the submitted elevation drawings with any additional conditions
imposed by the Design Review Committee to ensure that the building complies
with the Central Planning District multi - family site development standards; and
that the planting areas to the north of the parking lot be planted with trees,
shrubs, and ground covers as recommended in the approved list of Johnson
County Heritage Trust; and retaining walls over three feet in height located north
of the building be screened from public view from the right -of -way; and additional
trees upright in form shall be planted south of the building to provide screening,
where possible.
2. The Commission voted 7- 0 to recommend approval of REZ13- 00018, a request to
amend the Sensitive Areas Ordinance for approximately 7.13 acres of land located
at Mormon Trek Boulevard and Dane Road SE subject to the applicant funding an
escrow account to assure completion of the proposed wetland mitigation
improvements. With the commencement of the mitigation plan and the
establishment of an escrow, other development with the subdivision would
be allowed to proceed.
3. The Commission voted 7- 0 to recommend approval of amendments to the Zoning
Code to implement the recommendations under Bullet #2 in the staff
memorandum expanding the allowed uses in the CIA zone and allowing these
newly proposed areas under the same conditions as apply in the CC -2 zone:
Planning and Zoning Commission
July 18, 2013 - Formal
Page 2 of 13
Uses allowed in the CI -1 zone should be expanded to allow the following CC -2
uses with the same standards and provisions called out in the CC -2 zone:
• Restaurants and bars
• Medical and dental offices
• Personal services (banks, salons, dry cleaners, laundries and similar)
• Hotels and motels
• Religious and private group assembly
• All sales- oriented retail (currently limited to certain. uses)
4. The Commission voted 7- 0 to recommend approval of amendments to Title 14:
Zoning Code as outlined in the staff memorandum of July 11, 2013, to delete
specific street requirements for Daycare Uses, General Educational Facilities, and
Religious /Private Group Assembly Uses.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Rezonina Items:
REZ13- 00004: Discussion of an application submitted by Jeff Miller Construction for a
rezoning of 1.05 -acres of land located on First Avenue, north of Rochester Avenue from
Low Density Multi- Family (RM -12) zone to Planned Development Overlay /Low Density
Multi - Family (OPD /RM -12) zone.
Nagle -Gamm presented a location map and pictures of the subject property that the
Commission has seen before. She said last fall the subject property was rezoned from Low
Density Single Family (RS -5) Zone to Low Density Multi - Family (RM -12). She said as the
developer moved forward with the project it determined that more than 35% of the critical slopes
on the property were going to be disturbed during construction of the proposed building. She
said in accordance with the Sensitive Areas Ordinance a Level 11 Sensitive Areas Review was
required, which is considered to be a type of planned development and therefore must be
reviewed accordingly to the approval procedures for a planned development overlay rezoning
and applicable standards within the Sensitive Areas Ordinance. She said the applicant must
address how any negative effects of disturbing the critical slopes would be mitigated.to ensure
that the design and construction is safe and minimizes flooding and erosion. She said this item
has been before the Commission several times, and was deferred due to issues with storm
water management, slope stability and sub - surface water.
Nagle -Gamm said in response to questions from the Commission, that the applicant has
submitted two additional items for review. She said the first item is a certified letter and a cross -
section drawing from a structural engineer which contains an analysis of the proposed
development. She said the engineer concludes that there will be no adverse impacts to the
existing retaining wall or building to the south of the subject property if constructed as proposed.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 3 of 13
Nagle -Gamm said the second submittal is a geo- technical engineering report that contains a soil
survey and site specific recommendations for preparation on the site, earthwork, design,
construction of foundations, floor slabs and pavements based on the proposed site plan. She
said this report also addressed the stability of slopes on the property, and based on the analysis
of the development along with the site - specific soil conditions that were uncovered in the study,
the engineers did not anticipate stability issues with the slopes at the end of construction or in
the long -term if the recommendations in the report were followed.
Nagle -Gamm said Engineering and Planning and Development staff have both reviewed these
documents and find that they adequately address the site - specific conditions noted. She said
the latest iteration of the site plan, met public works staff expectations for on -site storm water
management. She stated that staff now recommends approval of this rezoning subject to the
Sensitive Areas site plan and a Conditional Zoning Agreement (CZA).
Eastham asked staff how the geo - technical recommendations in the report will be met during
construction. Howard said the Inspection Staff will have oversight, and with any development
that has extensive retaining walls Housing and Inspection Services will require sign -off by a
structural engineer.
Freerks opened public hearing.
Jeff Miller, the applicant, said that with these reports, he has gotten a lot of good suggestions
from the engineers that will be helpful before, during and after construction. He said he has 35
years of experience behind him and has built several developments that have been as or more
challenging than this proposed one.
Eastham asked Miller if he would have gotten an analysis and engineer report even if the
Commission hadn't requested him to do so and did he discover anything from the reports that
he hadn't known before. Miller said the study was interesting but it cost a lot of money and came
out with results that he had expected.
Thomas asked how high the retaining wall was in the northwest corner of the subject property.
Miller said it was four or five feet.
Theobald said there had been some discussion about trying to save some of the trees,
particularly the small oaks located in the far corner of the property. She asked what Miller plans
to do with them. Miller said they will try to keep as many trees as possible because they are
required to replace nice trees they remove.
Mark Schuchard, the applicant's engineer from V.J. Engineering in Iowa City, introduced himself
and stated that he concurs with the findings in these most recent analyses.
Freerks asked Howard if with a Level II Sensitive Areas, much of this analysis would have to be
done. Howard replied that it's common on sloping sites for staff to require a soil study, and they
have done so on a number of properties so it's not that unusual, particularly when they are
building large retaining walls and disturbing a lot of the site.
Ed Wasserman of 555 North First Avenue showed slides of the subject property and some
graphics that show how virtually all the trees on it will have to be removed. He reiterated the
neighbors' concerns about potential drainage problems, the size of the retaining wall, the
amount of dirt that will have to be removed and what effect this will all have on Hickory Hill Park,
his building to the south and others in the neighborhood, the lowering of property values and the
Planning and Zoning Commission
July 18, 2013 - Formal
Page 4 of 13
fact that this is not consistent with the Comprehensive Plan. He said that no reason has been
presented that this should be rezoned.
Liz Christiansen of 549 North First Avenue said that Iowa ranks among the very lowest tier of
states in terms of publically owned recreation land and is considered the most altered state in
terms of land use. She wants the Commission to act to protect the trees on the site of the
proposed development and consider the ecological services these trees provide. She said trees
and green space provide benefits and add value to developments.
K.T. Labadie of 708 Woodside said she is chair of the Board for Friends of Hickory Hill Park.
She and six other Board members decided she should come before the Commission and make
a statement about their concerns about this item. She stated their concerns about invasive
species and wants to make sure that this development has to follow a specific plant list. She
said their other concern is the amount of storm water from this site and its effect on Ralston
Creek and the park. She said they don't believe it can all be handled on site. She said they think
a smaller development would be more compatible for the park.
Walter Seaman of 551 North First Avenue quoted from the Central District Plan where it states
"generous front yard landscaping combined with a beautiful canopy of trees create a pleasant
environment for walking and biking despite the gaps in the sidewalk network ... and
improvements and access to parks is another issue of importance to residents to this area of the
Central District." He said the removal of trees on the subject property would certainly not
improve access to the park.
Judy Buddenbaum of 557 North First Avenue said she doesn't have a lot of faith in the City
Inspectors being there all the time when things are done on the subject property. She cited
examples in her own building where things were signed off on but not done properly.
James Mossman of 535 North First Avenue said he and his wife are strongly against the
proposed development. He said it will be a negative for the neighborhood. He said the concerns
cited by other speakers tell the story very well.
Freerks closed public hearing.
Eastham moved to recommend approval of REZ13- 00004, an application submitted by
Jeff Miller Construction to rezone 1.05 acres of property from Low Density Multi- family
(RM -12) to Low Density Multi- family residential with a Planned Development Overlay
(OPD /RM -12) subject to compliance with the submitted Sensitive Areas Plan and a
Conditional Zoning Agreement to ensure that the recommendations set forth in the geo-
technical survey are followed in the design and construction of the development, and
that the building is designed according to the submitted elevation drawings with any
additional conditions imposed by the Design Review Committee to ensure that the
building complies with the Central Planning District multi - family site development
standards.
Swygard seconded.
Eastham asked about a comment made by Labadie about damage to a bridge. Labadie said
she was referring to a bridge in the park.
Eastham asked Howard to respond to Labadie's request that the developer use non - invasive
Planning and Zoning Commission
July 18, 2013 - Formal
Page 5 of 13
species from the Heritage Trust list. Nagle Gamm clarified that there were some species on the
initial site plan that were not recommended because they might be invasive and the applicant
did change those for species identified as being appropriate for Johnson County through the
Heritage Trust list.
Freerks said she's torn in some ways but feels that the applicant has done a lot to address the
issues that have been put forward, except for the trees. She said trees are important to her, but
she's not sure that all of the trees she would like saved will be saved here. She said she thinks
many people would like this land to be purchased and made part of the park. She said,
however, that someone owns this property and they have the right to do something with it, and
they have met all of the requirements that have been asked regarding storm water
management, and studying the soil and ensuring the building is constructed to prevent erosion.
She said based on that, she will be voting in favor of this application.
Martin said with regard to the question asked by one of the neighbors regarding the need for
this housing, she notes that other buildings have been built in the area, and people have bought
them, so it is really the market that determines the need for new housing. She said she is really
conflicted about this, but she said the Commission already voted to rezone it to RM -12.
Theobald said she thinks the builder has done everything the Commission has required. She
said she has also listened to the concerns of The Friends of Hickory Hill Park, and while there's
a minimum requirement of what the Commission has asked, it would be wonderful if the builder
would explore doing some real water management and planting some things that will take the
landscaping to the next level and helping that transition to the park even more. She said it would
be a wonderful thing to explore with some of the groups in the community that are helping
promote retaining storm water on site and the plantings and things you can do to help that. She
said it would be a wonderful marketing tool if she was looking for a property to purchase. She
said she would be supporting the application.
Thomas said he thinks part of the problem is how the building located to the south of the subject
property is sited. He said it was also a planned development overlay. In that case, to avoid the
sensitive area to the south of the building on that property, the building was placed too far north
leaving no opportunity to create any kind of landscape character to the north of the building. He
said he thinks the siting of that building with the retaining walls to the north have created
problems for any development to the north. He said that adding a condition of tree plantings to
the south of the proposed building would be one way of mitigating the relationship of the
buildings to each other. He said another aspect that could be better mitigated is to require that
the retaining walls that can be seen from the public right of way be screened from view. He said
he would propose that north of the driveway and parking bay that the landscape be developed
in a way that would be consistent with the character of Hickory Hill Park so it would be an
extension of the park landscape. He said given that the retaining wall runs through this area, it
may not be appropriate for lawn, as proposed on the planting plan.
Freerks said if trees were possible between the two buildings, she definitely would be in favor or
that, but she would not be favor of asking to screen the entire retaining wall. Greenwood
Hektoen said that any conditions the Commission imposes have to address public needs that
are being generated by the rezoning. She said some of those suggestions are good for the
developer to take into consideration but she doesn't know if the Commission can require them
as conditions for the rezoning.
Thomas argued that the public need is because of the sensitive areas that are being impacted
and the mitigation required is retaining walls. He said in other zoning codes in other towns there
Planning and Zoning Commission
July 18, 2013 - Formal
Page 6 of 13
is a concern with the public image of a property if the walls are over four or five feet in height.
Greenwood Hektoen asked if his condition is to screen just the portion visible from the public.
Thomas said yes, if the wall was not visible from the public right -of -way, it would not require
screening.
Howard noted that there is a property further to the north that had a similar situation where there
were large retaining walls proposed that would be visible from First Avenue. She said the
Commission recommended a CZA that required landscape screening of retaining walls to soften
the views from First Avenue. She said since this property was similarly situated a similar
condition might be imposed.
Eastham said he would support that addition. Freerks said that previous condition did not
recommend concealing it, but rather softening it.
Howard said they were required to show what the retaining wall would look like and then do
plantings to soften the view of the wall. Freerks said she would be okay with that but would not
be comfortable going into great detail but rather assigning to design review.
Freerks said the transition planting to the north that Thomas recommended seems appropriate
and that staff should also review a landscaping plan to ensure compliance. She said she
wouldn't feel comfortable outlining it here.
Thomas replied the key concept there is that it integrate with the landscape north of Hickory Hill
Park and that it not be planted in lawn.
Eastham said he thinks that's a good idea.
Thomas moved to amend approval of REZ13 -00004 by adding
1. that the planting areas to the north of the parking lot be planted with trees, shrubs
and ground covers as recommended in the approved list of Johnson County
Heritage Trust
2. retaining walls over three feet in height north of the building be screened from
view when seen by the public right -of -way
3. additional trees upright in form shall be planted south of the building to provide
screening where possible.
Greenwood Hektoen asked if these are aspects the Commission would like the Design Review
Committee to take into consideration when doing their review. The Commission agreed that
they are
Martin seconded.
A vote was taken and the motion to amend carried 7 -0.
Swygard said it's been a very difficult decision to come to and she appreciates all the
neighborhood involvement that has helped her think through all the aspects of her decision. She
said she appreciates the applicant's diligence on following through on everything the
Commission has asked of him. She said she's not sure that they always have to have proof that
there is a need in the community for a property to be developed, unless it's a non - residential
type of building. She said she will be supporting this application.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 7 of 13
Eastham said the Comprehensive Plan does support this development in general. He said the
Plan talks a lot about providing multi - family residential buildings along arterial and collector
streets, which is a key point of the current Plan. He said the proposed building is keeping in
multi - family character with what's on the west side of North First Avenue in this area. He said he
appreciates that the staff and the developer invested in a thorough engineering analysis and
their reports indicate that there are insignificant hazards to the building or the retaining wall to
the south. He added that the engineers had an analysis of how to construct this kind of building
on this property so that it won't cause run -off problems during the construction phase or have
water inside during the life of the building if the soil engineer's recommendations are followed.
He said preserving the on -site trees is a vexing problem for this or other applications. He said
he's sympathetic to the residents of the building to the south, but asking the developer to
replace trees is a good thing. He said this development follows the current requirements for
handling storm water, and although he knows there will be additional run -off from this site into
Ralston Creek, he doesn't have a regulatory way of changing that at this time. He said he will
support the application with the added requirements.
Dyer reiterated what Thomas said in that most of the problems can be attributed to the fact that
the building to the south is built almost on the property line. She said if the applicants follow the
requirements that the Commission has established, which she thinks are substantial, they can
use their property as they choose.
A vote was taken and the motion carried 7 -0.
Freerks reminded those in attendance that this item will go on to City Council so there will be
another opportunity to discuss it.
REZ13- 00018: Discussion of an application submitted by Dealer Properties IC LLC for a
rezoning to amend the Sensitive Areas Development Plan to allow an alternative method
of establishing the required wetland mitigation rather than removing and replacing the
topsoil for property located at 2845 Mormon Trek Boulevard.
Howard said the Commission recently passed an amendment to reduce the overall size of the
wetland buffer area to 4.14 acres. She said this item is a change in the method they would like
to use to install the wetland mitigation. She said instead of removing twelve to eighteen inches
of topsoil, the applicant has developed a plan they feel will be less invasive and more successful
as described in a letter from Transition Ecology, LLC.
Eastham asked Howard what the timeline for this project will be and who will be responsible for
oversight. Howard said it will be whoever the applicant hires to install it, and the U.S. Army
Corps of Engineers has a timeline, and the plants have to be installed by the end of this year.
Greenwood Hektoen said the recommendation is that they commence the plan before any
construction permit would be allowed for Lot 2. Eastham asked what would happen if they don't
complete it. Greenwood Hektoen said the applicant would put up an escrow that if they don't
complete it the City would have the money to go in and do the work.
Dyer said the plan involved starting in the growing season of 2013. She said we are already
halfway through that season.
Freerks said much of the planting will take place much later, as according to the new plan, they
want to kill everything first.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 8 of 13
Freerks asked about the staff's recommendation. Howard clarified that the project needs to
commence and escrow needs to be established before a permit is issued for use of Lot 2.
Eastham asked about the Council's timeline for this application. Howard said because of the
need to start the mitigation during this growing season, Council has already set a public hearing
for this rezoning request for August 6th pending the Commission's recommendation.
Greenwood Hektoen said the key element of the plan for the Commission is not the specific
start date but that the applicant has to start before they get a building permit. Howard said that
the consequence of not approving this rezoning is that the existing Conditional Zoning
Agreement (CZA) that was adopted previously would still be in force, which would require the
applicant to remove and replace twelve to eighteen inches of topsoil and then install the wetland
plants. She said the Commission should decide which plan is better for the wetland and its
survivability. She advised that the applicant's consultant could answer any technical questions
the Commission has about the alternative method proposed.
Freerks opened public hearing.
Liz Maas of Transition Ecology said she was contacted by the applicant to see if she could
devise an alternative to dredging out the soil and cutting into the area with heavy equipment.
She said this is a storm water mitigation site so removing so much topsoil would cause a lot of
erosion, and heavy equipment would compact the soil and create less benefit in that the water
will want to go off if the soil is compacted. She said her alternative involves using chemicals to
treat the invasive species that are there. She said this mitigation site is completed in the sense
that the only problem with this site is that the vegetation is not appropriate. She said it's
functioning well but the vegetation is not what was specified by the original mitigation plan that
was passed ten years ago.
Dyer asked if the correct plants weren't planted. Maas said that's part of it, and they weren't
planted at the correct ratios, but a lot of what is there could have come in naturally. She said
about half of it is invasive canary grass but half is actually decent wetland plants.
Martin said it's logical to not remove topsoil but the words RoundUp and wetlands don't seem
compatible to her. Maas said there is a safe chemical called Rodeo that is used for this kind of
work in a wetland area. Martin asked if that affects birds or other species or the native
vegetation. Maas said RoundUp is a poison and would only be used judiciously in the places it
needs to be use. She said as an ecologist she's very sensitive to trying to protect as much as
she can the existing vegetation so it can out - compete the invasive species. Maas addressed
Eastham's previous concern about responsibility. She said because this is a wetland mitigation
site the Corps of Engineers and the Iowa Department of Natural Resources are required by the
Clean Water Act to monitor the site for five years after it's been completed as well as during the
project.
Martin asked who will be doing the monitoring. Maas said it will be her or someone in her
position that is hired by the applicant.
Freerks wanted to clarify per the report from Maas that Rodeo must be used. Maas said it
would. She said they had hoped to start the mitigation this spring, but they will begin as soon as
they possibly can.
Theobald said she has been hearing a lot about RoundUp resistant weeds and wanted to know
if a test plot would be done before they spray the whole area. Maas explained that not only will
Planning and Zoning Commission
July 18, 2013 - Formal
Page 9 of 13
they be spaying but also tilling in order to plant other things there to compete with the canary
grass. She said the canary grass will never be eradicated completely from this site. She said the
goal of this project is to reduce the impact and size of the canary grass so that there is a
healthier mix of wetland plants that can be sustained over time.
Freerks said with by not removing the soil, Maas will be able to use a targeted approach. Maas
confirmed that that was correct.
Freerks closed public hearing.
Thomas moved to recommend approval of REZ13- 00018, a request to amend the
Sensitive Areas Ordinance for approximately 7.13 acres of land located at Mormon Trek
Boulevard and Dane Road SE subject to the applicant funding an escrow account to
assure completion of the proposed wetland mitigation improvements. With the
commencement of the mitigation plan and the establishment of an escrow, other
development with the subdivision would be allowed to proceed.
Eastham seconded.
Freerks said she thinks this is a better plan, and she's glad to see that it will be started soon;
she thinks that it could be a beautiful spot some day.
Eastham said he is intrigued with this method instead of scraping and removing topsoil. He said
his only concerns have been that the work is actually done and followed through so that
eventually there are mostly non - invasive species at that site.
Thomas said it sounds like a much better approach and the devil will be in the monitoring.
A vote was taken and the motion carried 7 -0.
Zonina Code Amendments:
Discussion of amendments to Title 14: Zoning Code, to broaden the uses allowed
in the Intensive Commercial (CI -1) Zone based on recommendations from an ad hoc
commercial zoning committee appointed by the City Manager.
Howard said that last fall a committee of private citizens was appointed by the City Manager to
work with City staff to examine the zoning regulations in several of the city's commercial zoning
districts due to some concerns that had been expressed by the business community. Howard
thanked the members of the committee: Casey Cook from Cook Appraisal Services; Jeff Edberg
from Lepic Kroeger Realtors; Anne Freerks as a representative of the Planning and Zoning
Commission; Glenn Siders from Southgate Development Services; Peggy Slaughter, Midwest
America Commercial Realty; and Joe Younker, Bradley and Riley Law Office.
Howard said the task for this committee was to discuss the issues and identify any potential
solutions regarding Iowa City's commercial zoning designations. She said there has always
been some confusion about the Community Commercial (CC -2) and Intensive Commercial (Cl-
1) zones, so the committee decided to focus on these two zones. She explained that there is
quite a bit of overlap in the uses allowed in these two zones. She said that areas in the
community change over time, but unless there's a specific request to change the zoning, the
zoning may become out of sync with the changes that have occurred over time.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 10 of 13
Howard said the committee agreed that one of the main issues is that property that has prime
retail frontage on a high traffic arterial street should probably be zoned CC -2 rather than CI -1
and that a number of properties, particularly along Highway 1 West should be rezoned to CC -2.
Howard said another finding was that property not having suitable visibility, access and traffic
count is probably more suited to CI -1. In addition, she said the majority of the committee agreed
that opening up possibilities for additional uses in the CI -1 zone wouldn't have a significant
effect on CI -1 zoned properties and that the private market should decide what's appropriate
rather than restricting uses in the zoning code. She said the committee acknowledged, however,
that allowing a broader range of uses in the CI -1 would make it incumbent upon the buyer of a
property and their real estate agent to consider the possibility that a business might locate next
door that has some of the features that would be allowed in the CI -1 zone — the outdoor work
and storage areas, noise, and dust.
Howard said the Commission is being asked to consider amending the Zoning Code to
implement the recommendations under Bullet Point #2 in the staff memorandum.
Eastham asked if there was some consideration given by the committee to get an idea of what
the property owners want in those areas that are zoned CI -1 now before they actually change
the Code. Howard said there was no outreach to all property owners in the CI -1 Zone, but said
part of the problem is that unless a property owner wants to do something different with their
property, they have no reason to request a rezoning, so the City tends to get rezoning
applications on a piecemeal basis.
Dyer asked if the area between Riverside Drive and the 218 interchange almost all developed
already. Howard said many of the properties are developed but some are underdeveloped and
there are some vacant properties, so that's an area that could see significant redevelopment
over time.
Martin recalled a property on Mormon Trek that they rezoned last year so that medical offices
could be allowed. She said the market spoke, and that's where they wanted to be.
Swygard said as someone who has Highway 1 in her backyard, she has seen a lot of positives
being developed along the highway. She asked what the negatives would be, if any, to doing
this. Freerks said they felt safe with the list they made. Swygard said one area of concern for
her is bars. Freerks she thought they could still adopt it. She said it's just going to be one or the
other depending on what City Council decides.
Freerks opened public hearing.
Casey Cook of 1 Oak Park Court said he is coming before the Commission today as a
landowner on Highway 1 with CI -1 land. He said his primary reason for being here is to express
his thanks to Karen Howard, Jeff Davidson, Anne Freerks, and the City Manager. He said they
had a very good committee with lots of good discussion. He said this adds value to his land and
to the land of many other people along Highway 1, gives them more flexibility to attract
businesses to Iowa City and to build the tax base. He said as a former Commission member, he
realizes that the Commission does important work, and he thanked them for it.
Freerks closed public hearing.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 11 of 13
Thomas moved to recommend amending the Zoning Code to implement the
recommendations under Bullet #2 in the staff memorandum expanding the allowed uses
in the CI -1 zone and allowing these newly proposed areas under the same conditions as
apply in the CC -2 zone:
Uses allowed in the CIA zone should be expanded to allow the following CC -2
uses with the same standards and provisions called out in the CC -2 zone:
• Restaurants and bars
• Medical and dental offices
• Personal services (banks, salons, dry cleaners, laundries and similar)
• Hotels and motels
• Religious and private group assembly
• All sales- oriented retail
Eastham seconded.
Theobald asked where payday lenders fall under this category. Howard said the Council
recently adopted very restrictive rules about where payday lenders could locate, but she did not
recall exactly how they were categorized in the zoning code.
Eastham said it was commendable of the City Manager to start this process. He said he would
like to eventually increase the number of CC -2 parcels along Highway 1, which he thinks would
increase the appeal of the entryway into the city.
Thomas said in general he's in favor of mixing uses, although there is some potential tension
that comes with that. He does think it's a good approach though.
Swygard said she thinks it's a good idea to allow for a variety of uses, and she'd like to see
some of the empty properties progress into something nice.
Freerks said she thinks the committee vetted everything carefully and it will be an excellent
outcome.
A vote was taken and the motion carried 7- 0.
Discussion of amendments to Title 14: Zoning Code to delete the specific street width
requirement for Daycare Uses, General Educational Facilities, and Religious /Private
Group Assembly Uses.
Howard noted that the current street width standard is a standard that has been in the code for
a long time, and it appears in staff's view to being an obsolete standard. There are very few
residential streets that are wider than 28 feet, so it could be a problem for people trying to reuse
or re- purpose institutional properties, such as churches. She said that traffic is typically a major
issue for neighborhoods so it is carefully considered by the Board of Adjustment if there's any
concern and they have the power to impose conditions when necessary. She said staff feels
that there's no real danger in removing the street width standard because traffic concerns are
thoroughly covered with the other approval criteria that the Board considers for every special
exception. She said it could be constraining the reuse of properties, particularly vacant church
sites.
Freerks opened public hearing.
Planning and Zoning Commission
July 18, 2013 - Formal
Page 12 of 13
Freerks closed public hearing.
Eastham moved to recommend approval of amendments to Title 14: Zoning Code as
outlined in the staff memorandum of July 11, 2013, to delete specific street requirements
for Daycare Uses, General Educational Facilities, and Religious /Private Group Assembly
Uses.
Theobald seconded.
Freerks said they always strive to make the Code better, and she thinks there are already
criteria in place to address traffic issues, safety concerns and pedestrian issues with the Board
of Adjustment.
Eastham said eliminating requirements from the Code that aren't fulfilling a useful need is
always a good thing for the Commission to do, and he appreciates the staffs openness to
considering this change.
Martin said this is great considering that there are now three large churches for sale that have
sat vacant for some time.
Thomas said this issue of street and lane width is something he's been concerned about for a
while. He said he wishes they could narrow some streets because you combine wide streets
with the alternate parking requirements in some neighbors you end up with very wide traffic
lanes which promotes speeding. He said he thinks it's great to make this change.
A vote was taken and the motion carried 7- 0.
Consideration of Meeting Minutes: June 20, 2013
Eastham moved to approve the minutes of June 20, 2013.
Swygard seconded.
A vote was taken and the motion carried 7 -0.
OTHER
The Commission discussed how to conduct their joint meeting with City Council at 5:00 p.m. on
July 23 to discuss amendments to Title 14: Zoning Code to modify the regulations regarding the
spacing of drinking establishments so that the 500 -foot spacing rule would only apply to the
University Impact Area and the Riverfront Crossings District.
ADJOURNMENT:
Thomas moved to adjourn.
Martin seconded.
The meeting was adjourned on a 7- 0 vote.
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CITY OF IOWA CITY
4b(3)
MEMORANDU M
Date: August 27, 2013
To: Mayor and City Council
From: Bob Miklo, Staff Member for Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their August 1, 2013 meeting the Planning & Zoning Commission made the following
recommendations to the City Council:
1. The Commission voted 4-2 (Freerks and Dyer opposed) to recommend approval of
REZ11- 00010 /SUB13- 00005, a rezoning from Low Density Single Family (RS -5) to
Planned Development Overlay -Low Density Single Family (OPD -5) zone and a
preliminary plat and Sensitive Areas Development Plan of The Palisades, a 32 -lot, 13.07
acre residential subdivision located at 1729 North Dubuque Road and to remove the list
of trees and have the list of trees approved by the City Forester.
2. The Commission voted 6 -0 to recommend approval of SUB12- 00014, a preliminary plat
of approximately 4.29 acres of Walden Wood Part 10, a 20 -lot, residential subdivision
located at Walden Road.
3. The Commission voted 6 -0 to recommend approval of SUB13 -00011 a preliminary plat
of Eastbrook Flats for a 1 -lot, 4.83 acre residential subdivision located at the northeast
corner of the intersection of Muscatine Avenue and Scott Boulevard.
4. The Commission voted 6 -0 to recommend approval of SUB13- 00013, a preliminary plat
of Brookwood Pointe third to Fifth Addition, a 61 -lot, 17.15 acre residential subdivision
located north of Vesti Lane and west of Sycamore Street.
Additional action (check one)
x No further action needed
Board or Commission is requesting Council direction
Agenda item will be prepared by staff for Council action
PLANNING AND ZONING COMMISSION APPROVED
AUGUST 1, — 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Jodie Theobald, John Thomas
MEMBERS ABSENT: Paula Swygard
STAFF PRESENT: Bob Miklo, Kent Ralston, Sarah Greenwood Hektoen
OTHERS PRESENT: Jesse Allen, Duane Musser, Anthony Fry, Lisa Ziniel, Jerry
Denning, Brandon Ross, Glenn Siders, Clifton Young, Lori
Dockery, Tim Furman, John Cruise, Kevin Den Adel, E. Tony
Kellems
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 4-2 (Freerks and Dyer opposed) to recommend approval of
REZ11- 00010 /SUB13- 00005, a rezoning from Low Density Single Family (RS -5) to
Planned Development Overlay -Low Density Single Family (OPD -5) zone and a
preliminary plat and Sensitive Areas Development Plan of The Palisades, a 32 -lot,
13.07 acre residential subdivision located at 1729 North Dubuque Road and to
remove the list of trees and have the list of trees approved by the City Forester.
2. The Commission voted 6 -0 to recommend approval of SUB12- 00014, a preliminary
plat of approximately 4.29 acres of Walden Wood Part 10, a 20 -lot, residential
subdivision located at Walden Road.
3. The Commission voted 6 -0 to recommend approval of SUB13 -00011 a preliminary
plat of Eastbrook Flats for a 1 -lot, 4.83 acre residential subdivision located at the
northeast corner of the intersection of Muscatine Avenue and Scott Boulevard.
4. The Commission voted 6 -0 to recommend approval of SUB13- 00013, a preliminary
plat of Brookwood Pointe third to Fifth Addition, a 61 -lot, 17.15 acre residential
subdivision located north of Vest! Lane and west of Sycamore Street.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
Rezoning Items / Development Items:
REZ11- 00010 /SUB13 -00005 Discussion of an application submitted by Allen Homes for a
rezoning from Low Density Single Family (RS -5) zone to Planned Development Overlay —
Planning and Zoning Commission
August 1, 2013 - Formal
Page 2 of 16
Low Density Single Family (OPD -5) zone for 13.07 -acres of land located at 1729 North
Dubuque Road and a preliminary plat of The Palisades, a 32 -lot residential subdivision.
Miklo explained where the property is located and showed an aerial view of the subject property.
He showed the plat, which calls for dividing the property into single family residential lots as well
as an outlot to be dedicated to the City as a neighborhood park. He said that rezoning is
required because there are some sensitive areas on this property — critical slopes and a
woodland. He said a similar plan came before the Commission two years ago involving property
to the west, with the idea that some of the storm water management from the development
would be included on the adjacent property as it worked its way to an existing storm water basin
to the north. He said negotiations with the owners didn't work out. He said this plan puts the
water in the outlot, which necessitates removal of the woodland. He said the applicant proposes
to plant replacement trees on some of the disturbed area, the outlot and on individual lots.
Miklo said it's been the City's goal and in the Comprehensive Plan to connect Oakes Drive back
to Dubuque Road to make traffic better for the neighborhood and provide access for emergency
vehicles. He said the applicant has reached an agreement with the neighboring property owner
to allow this portion of Oakes Drive to be dedicated to the City to allow its connection, making it
comply with the Comprehensive Plan.
Miklo said the applicant and the Parks and Recreation Department have agreed on a certain
portion of the development being dedicated for a neighborhood park. He said staff has received
revised plats that address all the deficiencies that were noted by staff. Miklo showed the
Commission photos of the neighborhood and the subject property. He said at this point staff is
recommending approval of the Sensitive Areas Overlay Rezoning as well as the preliminary
plat.
Dyer asked what kinds of trees will be cut. Miklo said there is a variety, including walnut trees.
Freerks said if the number was one - hundred percent for the removal for sensitive areas she was
shocked by that number and that they usually don't go to that extent and would like to see
something better happen. She said there are many lovely trees. Miklo said the area defined as
woodland is where the storm water management will need to go if it's going to occur on this
property. He said there had been an attempt two years ago with the adjacent property owner to
put the storm water on that property, which could have resulted in the preservation of some of
those trees. Freerks said it seems that the Sensitive Areas Ordinance was put in for a reason,
and this aggressively eliminates all sensitive areas.
Theobald asked if the adjacent property was wooded and would also require removal of some
trees. Miklo said that was correct.
Eastham asked if there are other parts of the defined woodland that are not parts of the storm
water detention facility and is the applicant proposing removing all the trees there. Miklo said
there are groves of trees outside the woodland area and the applicant is planning on preserving
some of those, but they don't get counted toward the woodlands.
Freerks said she sees no protection anywhere on the plans and to her that's a red flag because
it means anything can happen.
Theobald asked how the best way to handle storm water is determined. Miklo said it generally
has to be on the low point of the property with the vegetation cleared.
Planning and Zoning Commission
August 1, 2013 - Formal
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Freerks opened public discussion.
Jesse Allen of Allen Home, the applicant, said they put a lot of time into dealing with the
sensitive issues of this plan and had a couple of good neighbor meetings. He said there's a
strong need in Iowa City for single family housing. He said by connecting an old neighborhood
with Oakes Street is where they are impacting many of the trees as well as with the storm water
plan. He said they will try to save as many trees as possible.
Allen reiterated for Eastham that the two reasons so many trees have to be taken down are due
to the connection of Oakes Drive to North Dubuque Road and installation of storm water basins
on the subject parcel. He said the way the City calculates the woodland impact, even though the
applicant is saving trees, is that they are impacting them one - hundred percent based on the
boundaries. Eastham asked if the applicant will plant 300 trees after the subdivision is
completed. Allen said that is correct, and they would be younger and healthier than what is
currently there.
Theobald asked where Allen got the list of trees that will be planted. Allen said MMS
Consultants put it together for him. She said there are a lot of trees on the list that will be
potential problems in the future so she would recommend that someone like Mark Vitosh, who is
familiar with emerging tree disease be consulted.
Greenwood Hektoen told Theobald to refrain from making recommendations on landscape
architects for the developer to use.
Miklo said the key point is that the Commission has an interest in what the replacement trees
are. Theobald said this list is not necessarily healthy. Allen said they would take a look and
make some changes. It was made clear that Mark Vitosh works for the State and would not be a
paid consultant.
Freerks said for her this is a special place, and she's not sure this plan is the best way to lay out
a development to take advantage of the site and to give people the feeling of being in the
country. She said removing all these trees is something that just annihilates the whole
landscape.
Duane Musser of MMS Consultants said one of the main things driving this project is the
requirement by the City to connect Oakes Drive. He said when they were planning the
development, they had a cul -de -sac, and the City said they were not going to approve any
subdivision without a connection. He said one of the ravines on the subject property will have to
be deforested and filled in to make Oakes Street connect, and the other ravine will have to be
used for the storm water management. He said on these infill developments you have to meet
certain requirements, and he doesn't know how to do that another way.
Thomas asked what the maintenance is on the replacement trees. Musser said it would be up to
the homeowner to maintain their trees. Thomas asked about those in Outlot A. Musser said they
would be the responsibility of the homeowners association.
Eastham asked if the City will have responsibility for some of the replacement trees. Musser
said they would in Outlot B.
Martin asked Musser why they have to fill in the ravine to connect Oakes Drive and why there
couldn't be a bridge. Musser said a bridge is not cost - effective.
Planning and Zoning Commission
August 1, 2013 - Formal
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Eastham asked if the Commission could approve a plan that does not extend Oakes Drive and
has two smaller storm water retention areas with less impact on the existing trees. Miklo said
staff wouldn't recommend doing that because it wouldn't comply with the Comprehensive Plan
or the Police and Fire Departments' desire to get better emergency access to this area. Miklo
showed an aerial photograph of the larger neighborhood. He said that it's true that two acres of
woodland would be destroyed, but there is still an extensive woodland that remains in the
neighborhood. Freerks said but someday that too will be developed. Miklo said there is actually
little chance of that due to its protected slopes and no street access.
Dyer asked if the drainage would have to take the course that's outlined if there were fewer
house lots in the plan. Miklo said regardless of how many lots there are, the storm basins will
still have to located in the low points. Miklo said in term of doing two smaller basins and not
connecting Oakes Drive, it would still require an extensive amount of the woodland to be
removed.
Anthony Fry of 19 Caroline Court said he and his wife bought the adjacent property, labeled
IDRS on the location map, from Mr. Giblin in the interest of having no houses behind them. He
said Miklo has convinced him that they need to connect Oakes Drive for safety issues. He has
offered two inch saplings from his own property for use as replacements on the development.
Lisa Ziniel of 1620 North Dubuque Road said she thinks her driveway will intersect with the
proposed connection. She said she's concerned that the atmosphere of the neighborhood will
be lost because of doing what's most cost effective. She said she's also concerned about the
traffic flow created by thirty -two new lots. She said it's a tranquil neighborhood to live in and the
disruption from the proposed subdivision concerns her. She asks the Commission to consider
the area around the subdivision and perhaps take that into account when approving the
subdivision as it would conform to the neighborhood instead of heavier development with closer
access to downtown.
Miklo said one of the things staff looked at was neighborhood compatibility. He said along
Dubuque Road there now exist larger lots, and he pointed out on the plat how the proposed
development has spaced along Dubuque Road to be compatible with that aspect, but has more
typical sized lots more like those along Oakes Drive as you get farther back in the development.
Eastham asked how far the sidewalk will extend on the west side of Dubuque Road. Miklo said
in the future it may be possible to put a sidewalk in on that side of the road but there are no
plans for it immediately. Eastham asked if there is a sidewalk on the east side. Miklo said one
was put in recently.
Jerry Denning of 1146 Oakes Drive asked for clarification of where the trees would be removed.
Miklo showed him where that would be on a photo. Denning said the cost of putting Oakes Drive
through is the destruction of dense, mature trees. He said he appreciates the obvious interest of
all of the Commission in the tree issue. He said he would like them to take a look at just how
much destruction is inescapable if they are going to do this. He said it would be a great world if
they didn't have to tear it up to that extent. He said he would greatly appreciate them seeing
whatever else might be done in order to avoid this destruction.
Thomas asked if there was any discussion of narrowing Oakes Drive as it passes through the
area of the ravine. Miklo said it's designed as a twenty -eight foot street, and you could narrow it
to the narrowest width allowed, which is twenty -two feet. He said that would not have much
effect on what they could avoid in terms of grading because it's so steep.
Planning and Zoning Commission
August 1, 2013 - Formal
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Brandon Ross of 1022 Rochester Avenue said he's familiar with the area and he would like
anything to be done that can be done to protect that area. He said it's a beautiful area and
deliberation on the Commission's behalf is appreciated by everyone.
Freerks closed public discussion.
Thomas moved to recommend approval of REZ11- 00010/SUB13- 00005, a rezoning from
Low Density Single Family (RS -5) to Planned Development Overlay -Low Density Single
Family (OPD -5) zone and a preliminary plat and Sensitive Areas Development Plan of The
Palisades, a 32 -lot, 13.07 acre residential subdivision located at 1729 North Dubuque
Road.
Martin seconded.
Eastham said he's interested in the possibility of narrowing Oakes Drive so that it would have
some effect on the number of trees. He said he's not inclined not to vote for this tonight because
of this issue, but he said in the past the Commission has asked developers to look into doing
things that they weren't sure could be done. He said he's also interested how the design of the
front four lots of this proposed development could affect the appearance of the rest of the
subdivision from North Dubuque Road. He said with those things said, he is reluctantly of the
mind that the removal of trees in this heavily wooded area is in large part the result of City
imposed subdivision standards, which make a lot of sense, especially the requirement that this
site have a functioning storm water system on site.
Thomas said anything they can do even as a gesture to reduce the impact of the connection
and trying to reduce the impact on the existing conditions is something he supports. He said he
agrees with Eastham that it's worth exploring. He said the storm water management and the
connection are triggering the impact, and there doesn't seem to be any way out of that. He said
he supports the project in terms of its basic goals, but he would like to see if they can in any way
reduce the impact. He said he also likes the idea transplanting trees from the adjacent property
to the west.
Martin said she understands the need for the connection but she hesitates to entertain the idea
of narrowing a section of Oakes Street due to safety issues. Thomas responded that this would
still allow for the minimum of twenty -two feet. Martin said the plan seems well thought -out.
Freerks said she said the area really is pretty, but she's not sure how pretty it's going to be once
you put this kind of grid down on it. She understands why everything is being done but she's not
sure that this cookie - cutter is the best use of the resources here. She said if the Oakes Drive
extension was shifted down, it would eliminate lots but also keep a lot of that forested area to
the north. She said there are some beautiful trees along there and that's going to go away. She
said she just doesn't see how this does anything to embrace or even gently nudge the Sensitive
Areas Ordinance in any way and she can't support it.
Theobald said she feels better about the project after hearing from the neighbor and the
possibility of moving some of the trees from that property. She was concerned about replanting
with disease prone trees until she heard that Mark Vitosh had been out to the neighbor's
property looking at the trees.
Theobald moved to amend the motion to remove the list of trees and have the list of trees
Planning and Zoning Commission
August 1, 2013 - Formal
Page 6 of 16
approved by the City Forester.
Eastham seconded.
A vote was taken and the motion to amend carried 6 -0.
Dyer said she is reminded of an article by Supreme Court Justice William Douglas called "Do
Trees Have Standing ?" which refers to the ability to sue. She said this plan is a grid on a hilly,
beautiful area, and it doesn't seem to take into account the landscape at all. She said she would
be inclined to ask if they need any houses in this area. She said on the east end of Oakes Drive
there are many trees around existing buildings and if Oakes Drive was moved south perhaps
those trees could be saved. She said being able to say they are going to remove one - hundred
percent of the trees doesn't seem to be a solution to preservation of one of the few remaining
natural areas of town.
Freerks said she just can't support the project because she feels that something better could be
done that would be an asset to the community.
Eastham said that one approach that Planning Commissions take elsewhere is to walk through
an area before they look at a formal plan for an area and talks with the developer and people
nearby and try to come up with some concept of how a parcel could be developed to include
both its natural features and meet the requirements of existing codes.
Miklo said the earlier subdivision was laid out thirty or forty years ago, and that has set the
direction for Oakes Drive. He said the City has tried to balance the needed community good of
extending Oakes Drive with a natural area. He said the concept of how to best deal with this
was addressed in the Comprehensive Plan. He said the City looked very closely at this in the
year the North District Plan was approved, and this is the best they could come up with given
what they are working with.
Eastham said he's encouraged that the Sensitive Areas Ordinance requires tree replacement.
A vote was taken and the motion carried 42 with Freerks and Dyer opposed.
REZ13- 00019/SUB13- 00012: Discussion of an application submitted by Willowwind
Properties, LLC for a rezoning from Low Density Multi- Family (RM -12) zone to Planned
Development Overlay /Low Density Multi - Family (OPD -RM12) zone for 1.31 -acres of land
located at Willow Wind Place and Westwinds Drive and a preliminary plat of The
Westwinds Second Addition, a 2 -lot residential subdivision.
Miklo said the reason for the planned development is to bring an existing duplex lot into
conformance with the Zoning Code. He explained that when Lot 3 was developed this site was a
club house, a tennis court and a storm water basin. He said it was subdivided off Lot 3 without
City review or approval and two lots were created, one for the duplex and the other for the
tennis court and storm water management facilities. He said this doesn't conform with the Code,
thus the application for a planned development.
Miklo said the plan is to create two lots, one with the duplex and the other with the storm water
basin and a very specific plan for a seven unit apartment building. He said a home owners
Planning and Zoning Commission
August 1, 2013 - Formal
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association would be formed that would obligate the future maintenance of the basin. He said
there are still deficiencies in a new plan that the City Engineers have not been able to look at
yet, so staff is recommending deferral until the next meeting and approval of the rezoning and
the plat if all the issues mentioned are worked through. He showed photos of the existing site
and surrounding area.
Freerks asked if the storm water facility functions right now for any of area. Miklo said it's a
depression and it does hold water. He said the new design will have to have the capacity to
serve both the old and the new development.
Eastham asked if this developer will have to provide storm water management for other property
owners nearby. Miklo said it was originally designed thirty years ago to serve the existing area
and it will have to serve the new development as well.
Eastham asked if it was financially feasible for the required homeowners association to be
responsible for the storm water system. Miklo said it should be.
Freerks opened public discussion.
Duane Musser of MMS Consultants and representative for the applicant said they will be looking
at the storm water standards from the 1970s, what's there today, and what set of regulations
they will be required to design under today. He said they haven't done that yet pending
outcomes from the Commission meeting and the Council.
Theobald said one of the trees the applicant has selected for planting is extremely disease
prone.
Glenn Siders of Southgate Development Services said they own properties in this area. He said
he's not opposed to this project, but he wants the applicant to be aware of the poor condition of
the sidewalk along Melrose Avenue. Miklo said the new plans do show a sidewalk connection to
Melrose Avenue, and once this is developed with dwelling units, there will be a responsible
party for maintenance.
Freerks asked if there is any way if this doesn't go through that the City can't address all of the
issues on the property. Miklo said it's been difficult in the past to get the owner's co- operation.
Freerks closed public discussion.
Eastham moved to defer this item to the August 15th meeting.
Martin seconded.
Thomas said one of the deficiencies that concerned him was the separation on the north side of
the duplex where an S -2 standard required for the screening between the duplex and the
proposed parking lot to the north. He said he doesn't think the S -2 is appropriate here and
would like to ask for an S -5 standard. Miklo said he thought S -3, a dense evergreen hedge,
might work better.
Theobald said she's glad this project will create the opportunity to correct the condition of the
poorly maintained sidewalk on Melrose Avenue.
Planning and Zoning Commission
August 1, 2013 - Formal
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A vote was taken and the motion carried 6-0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo showed photographs of the property and the neighborhood. He said this property was
rezoned a number of years ago to Community Commercial (CC -2) with a Conditional Zoning
Agreement to assure that the commercial or mixed use on the property would be compatible to
the neighborhood as well as being as attractive gateway to the city.
Miklo said the applicant has marketed the property unsuccessfully with a plan for commercial or
office with apartments above and a financial institution and now wants to rezone the area. Miklo
said the Comprehensive Plan talks specifically about this intersection and the need to design
something compatible to the neighborhood as well as stating if it's not possible to develop mixed
use in this area, the residential should be compatible with the existing development on Dodge
Street Court. He said the applicant doesn't have a plan yet, but staff feels that Low Density
Multifamily (RM -12) zoning could be appropriate with conditions addressing the concern about
neighborhood compatibility.
Miklo said the other concern is that Dodge Street Court is not up to City standards and that
additional traffic shouldn't be added to it unless it's upgraded. He said staff is recommending as
a condition of development that if there is any access to Dodge Street Court that it be improved
to City standards to the point of wherever there's a driveway.
Miklo said the other concern is the odd shape of the property, so laying out a development will
take thought. He said staff is recommending conditions to get at the design and that the plan
comes back to the Commission for approval.
Miklo said there are also concerns about draining away from Dodge Street Court, where
drainage isn't adequate. He said staff is recommending approval with a number of conditions
that are listed in the staff report.
Eastham asked if staff thinks Conklin Lane is adequate to handle residential development here
and what exists on Dodge Street Court. Miklo said the City's Transportation Planners were not
as concerned about Conklin Lane as they were about Dodge Street Court. He said probably the
best place for access is off Dodge Street. Eastham asked if Dodge Street in that area is two
lanes. Miklo responded that he thinks there is a center turning lane.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services said as the applicant he would like to reserve
his comments for later.
Clifton Young of 1124 Dodge Street Court said he was informed that they are planning to build
up to thirty -two family units, and he thinks that's pretty high density for this area. He's very
concerned about the parking. He said what they don't want is very high density.
Planning and Zoning Commission
August 1, 2013 - Formal
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Eastham asked what the number of units will be if this is zoned RM -12. Miklo said based on
land area, up to thirty -two units could be developed depending on design review.
Thomas asked if Miklo had the numbers for RS -12. Miklo said he thinks it would allow close to
the same number.
Lori Dockery of 1110 Conklin Lane said this has always been a quiet place. She said she's
concerned about a large number of people coming into the neighborhood and disrupting their
quiet style of life.. She said that Dodge Street has become very busy lately. She said duplexes
or townhomes would fit in with the neighborhood or smaller single family homes.
Tim Furman of 1763 Dodge Street Court said he disagrees on the rezoning application and
would like to see some validation of the applicant's claim that they can't market the property. He
said they are asking $950,000 for the property and the assessed value is around $350,000. He
said this request is not compatible with the Comprehensive. Plan as it reads "if it is not possible
to achieve a mixed use development adjacent to Dodge Street Court the preferred use is
residential similar to the existing residential development in the area." He said he interprets that
to mean single family as there is no multi - family in the area.
Miklo referred to a previous question from the Commission and said if this was zoned RS -12
with a planned development you could get up to twenty -eight units theoretically.
John Cruise of 905 Bluffwood Drive said his son lives at 1265 Dodge Street Court and that he is
opposed to multi - family in the area for the same reasons Furman is opposed. He said he hopes
the Commission will look at this in light of the Comprehensive Plan. He said multi - family is not
similar to anything in this area.
Glenn Siders said they have aggressively marketed this property. He said the odd shape of the
lot makes elements of commercial development difficult, so it's most appropriate to look at this
development as all residential. He said they have no problems with adhering to any of the staff
recommendations and he doubts that they will use Dodge Street Court or Conklin Lane as
access. He said any access will come off Dodge Street.
Freerks asked what Siders feels about RS -12. Siders said they thought about RS -12, but they
like RM -12 because it offers more opportunities than RS -12.
Martin asked why they want this rezoned before the Commission sees plans. Siders said they
need some assurance that the City is happy with that zoning.
Dyer asked why he says in his written statement that the setting isn't conducive or practical for
single family living yet there's single family living on that street now. Siders said on Dodge
Street Court there is, but with the shape of the subject lot the City wouldn't allow them to access
single family homes off Dodge Street. He said providing access via Dodge Street Court would
decrease substantially the number of single family lots.
Freerks asked about a cluster of townhouses. Siders said that's a decision the Commission can
make after they go through the design review committee, and townhouses are multi - family.
Freerks closed public discussion.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 10 of 16
Thomas moved to recommend approval of REZ13- 00020, a request to rezone
approximately 2.13 acres of land located east of Conklin Lane, southeast of Dodge Street
and west of Dodge Street Court from Community Commercial (CC -2) to Low Density
Multifamily (OPD -RM12) subject to the following conditions in the staff recommendation:
• A development plan, including a landscaping plan, building designs, and site plan
be approved by the Design Review Committee and be forwarded to the Planning
and Zoning Commission for review and approval to ensure compatibility with
adjacent residential properties;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City
standards to the point of access (driveway location); and
• The applicant shall dedicate sufficient land along the entire property frontage to
widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provides pedestrian connections from the development to the
sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site storm
water away from Dodge Street Court.
Martin seconded.
Eastham said he's interested in the appearance of this development from Dodge Street as the
Commission has tried to keep in mind when considering developmental designs that Dodge
Street is a gateway to the city
Eastham moved to amend the first condition to add "and appearance from Dodge Street"
after "adjacent residential properties; ".
Dyer seconded.
A vote was taken and the motion to amend carried 6 -0.
Freerks asked Miklo if he thought a multi - family building is compatible and similar to, as the
Comprehensive Plan states, the existing housing in the area. Miklo said it depends on where it's
located on the property. He said his opinion is that it would be possible to put a smaller multi-
family building on Dodge Street but to be similar to what's across the street, duplexes or
townhouses would be appropriate.
Freerks said she can understand why people have concerns about this project, as she doesn't
think the subject property is appropriate for a thirty -two unit building or in tune with the
Comprehensive Plan. Miklo said he agrees that would not be in the spirit of the Comprehensive
Plan. He said a smaller apartment or some townhouses and duplexes could be compatible.
Freerks said that's why she thinks of RS -12 being better. She said if they approve RM -12 but
they don't know what will really occur because that can be a lot of different things. Miklo said the
Commission will see this again and will have an opportunity to judge it on its compatibility.
Eastham said he thinks the Comprehensive Plan does limit the type of buildings that are
appropriate for this parcel.
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August 1, 2013 - Formal
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Thomas said he reads the language of the Comprehensive Plan being pretty clear that if it's to
be similar to the existing residential surrounding the property that would suggest single family
residential. He said the densities would be similar to RM -12 and RS -12 would be a more
appropriate starting point.
Freerks said she it's pushing it to have that parcel full of townhouses. She said she doesn't think
there are going to be single family homes on this lot. She said she thinks something a little more
dense is appropriate, but she's not sure that multi - family is what they are looking for.
Greenwood Hektoen advised the Commission to either withdraw the motion to approve and
make a motion to defer, or they can take it on faith that this conversation will guide the next
stage and approve it knowing that they have this conversation on the record.
Thomas moved to withdraw the motion on the floor.
Eastham concurred with the withdrawal.
Eastham moved to defer this item until the August 15th meeting.
Theobald seconded.
Freerks said they want to make sure that whatever comes forward and the Commission finalizes
is compatible with the Comprehensive Plan and multi - family structures might not be the best
choice, but perhaps there is a way to work it in with Dodge Street Court.
Thomas said he would encourage a good neighbor meeting.
Eastham said because there may not be access to Dodge Street Court from this development
perhaps it will necessitate some creativity to join the existing neighborhood with the new one.
A vote was taken and the motion to defer carried 6-0.
Development Items:
SUB12- 00014: Discussion of an application submitted by Southgate Development
Company for a preliminary plat of Walden Wood Part 10, a 20 -lot, 4.29 -acre residential
subdivision located on Walden Road.
Ralston said this is the last remaining parcel of undeveloped land in the Walden Wood
subdivision. He said staff finds that the preliminary plat conforms to the RS -12 zoning that the
applicant currently has and meets the conditions of the Conditional Zoning Agreement, (CZA) by
having a configuration that clusters the units along Mormon Trek Boulevard and Walden Road;
providing no access onto Mormon Trek Boulevard; and has a provision of six visitor parking
spaces along the north side of the private drive. He said the Southwest District Plan indicates
that this area is appropriate for single family and duplex residential and specifically states that it
will "require careful design due to its topography conditions and the unusual shape and size of
the lot."
Planning and Zoning Commission
August 1, 2013 - Formal
Page 12 of 16
Ralston said the subject area has some steep slopes and the grading plan shows that no more
than thirty -five percent of the critical slopes will be disturbed. He said the City Engineer has
designed a storm water management system with an on -site water detention basin that
connects by pipe to an open swale that runs toward Rohret Road and then is caught by the
City's storm water system. He said the City Engineer believes the design meets the
requirements of the CZA, one of which is that the system not exacerbate storm water issues on
adjacent properties.
Ralston said the developer has offered to dedicate a portion of the lot to meet the open space
requirements, but staff has agreed that because of so much unusable space with all the slopes,
they recommend collecting fees instead.
Ralston said there are no remaining deficiencies and staff is recommending approval of this
plat.
Eastham asked what recourse nearby property owners have if they believe that the design is
not meeting its goal and if in five years what they see running through their yards indicates that
the design and construction did not accomplish that goal. Greenwood Hektoen said they would
make a complaint which would be investigated, and if it was founded, a municipal infraction or
something of that nature could be issued, which is what happens in any other neighborhood of
the city. Eastham asked if the City then has mechanisms to require that the storm water system
be improved or altered. Greenwood Hektoen said it wouldn't be so much to change the design
but the City would investigate to see if it's functioning in the way it's designed. Eastham asked
what would happen if the City concluded that it wasn't functioning properly. Greenwood Hektoen
said then action could be taken to require compliance with the design.
Theobald asked how efficient and environmentally friendly a storm water system is that uses an
open swale. Ralston said that the City Engineer would prefer to put it in a pipeline, but because
of the slope and the grading they can't put a pipe in the area where the open swale will be.
Theobald said there are several basins on the west side that end up just sitting there with no
trees and grass, just collecting water and trash. Ralston said this would not be a very deep
basin and it would be dry most of the time. Theobald said she doesn't think this empty expanse
of lawn will be very attractive. She said her question is whether it's been explored updating
what's being done on top of those basins, like plantings.
Greenwood Hektoen said in response to Eastham's earlier question, it will have a subdividers'
agreement that will impose that requirement and the City won't release the obligations of that
agreement until it's assured that the basin has been established according to requirement and
functioning properly.
Thomas said with respect to the condition that the storm water system would not exacerbate
drainage issues, he feels that at least establishes a base line by which to evaluate any future
storm event. Ralston says he doesn't know if the City has any good, solid baselines. He agrees
with Greenwood Hektoen that there are mechanisms in place to quantify to get a baseline.
Thomas says he thinks they need a good understanding of existing conditions in order to
evaluate its performance.
Freerks opened public discussion.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 13 of 16
Glenn Siders of Southgate Development Services said they have been working on this a long
time, designing and redesigning. He said the developer and the City are satisfied, and they are
ready to move forward with the final plat.
Kevin Den Adel of 54 Coll Court asked what kind of maintenance this type of swale would need
and for assurance about the obligation for maintenance. He wants to know how the swale will
integrate with some drainage trenches in his back yard, during and after construction.
Siders said this has been thoroughly studied and vetted by his engineers and surveyors and
they are comfortable with the design. He said the homeowners' association will be responsible
for maintenance, and those will be in the legal papers and reviewed. He said they will have
conversation with the engineers about how best to plant the swale.
Freerks said there has been a great deal of discussion about this, and it's in Sider's best interest
to make this work. Siders agreed.
E. Tony Kellems of 2432 Walden Court asked how wide the swale will be. Ralston said it will be
between five and six feet wide.
Siders said the depth of ditches will vary due to undulations of the ground but will be a minimum
of five feet at the bottom and he doesn't know how wide at the top.
Kellems asked how far to the west the swale will be. Ralston said he approximates twenty -five
feet, but would have to defer to an engineer to be more specific about grading and changes in
level.
Kellems asked if there will be any trees put on the south side of the swale. He said they would
need protection all along the south side of the subject property. He asked other technical
questions that would need to be answered by an engineer. He said his concern is that they have
had water coming into the homes where he lives, and they want to make sure that the problems
have been corrected. He pointed out which houses have had water in them. Ralston said the
City Engineer is satisfied with the plan, but it's actually the developer's engineers who put that
plan together. Kellems asked for a dirt berm. Ralston that's something they would definitely
work with the engineers on.
Freerks closed public discussion.
Eastham moved to recommend approval of SUB12- 00014, a preliminary plat of
approximately 4.29 acres of Walden Wood Part 10, a 20 -lot, residential subdivision
located at Walden Road.
Martin seconded.
Freerks said they have had much discussion about this property because of a number of issues
in this area. She said it's a property that's been difficult to find solutions for development but she
thinks they have something here that will be a nice addition to the area and perhaps even fix
some of the issues that occurred when the other areas were developed.
Eastham said this is a good example of how they can try to do planning and development, and it
does attempt to accommodate the externalities of development in a way that's reasonable for
Planning and Zoning Commission
August 1, 2013 - Formal
Page 14 of 16
the property owner and the nearby property owners. He said these designs are intended to
protect the properties to the north and south and they will hopefully do that.
Thomas said he agrees, but he does have some concerns about the properties in Walden
Court, as south of the detention basin there will be water running down the slope toward Walden
Court. He said he will have to rely on City staff to make sure those issues are addressed before
this project is constructed.
A vote was taken and the motion carried 6-0.
Freerks called for a short break.
Freerks called the meeting back to order.
SUB13- 00011: Discussion of an application submitted by Summit Ridge, LLC for a
preliminary plat of Eastbrook Flats, a 1 -lot, 4.83 -acre residential subdivision located at
the northeast corner of the intersection of Scott Boulevard and American Legion Road.
Miklo said there is the need for a twenty -five foot construction easement along Scott Boulevard
and American Legion Road and the applicant has agreed to put that on the plat. He said staff is
recommending approval of this application.
Freerks opened public discussion.
Jesse Allen, the applicant, presented himself for questioning.
Freerks closed public discussion.
Eastham moved to recommend approval of SUB13 -00011 a preliminary plat for a 1 -lot,
4.83 acre residential subdivision located at the northeast corner of the intersection of
Muscatine Avenue and Scott Boulevard.
Martin seconded.
A vote was taken and the motion carried 6 -0.
SUB13- 00013: Discussion of an application submitted by Steve Kohli Construction, LC
for a preliminary plat of Brookwood Pointe Third to Fifth Addition, a 61 -lot, 17.15 -acre
residential subdivision located on Russell Drive and Terrapin Drive.
Miklo said staff recommends approval.
Eastham asked if there is a sidewalk access to Weatherby Park on the western part of this
subdivision. Miklo said there is not because there is an intervening property. He said there will
be access just to the west.
Freerks opened public discussion.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 15 of 16
Freerks closed public discussion.
Eastham moved to recommend approval of SUB13- 00013, a preliminary plat of
Brookwood Pointe third to Fifth Addition, a 61 -lot, 17.15 acre residential subdivision with
one outlot located north of Vesti Lane and west of Sycamore Street.
Theobald seconded.
Consideration of Meeting Minutes: July 18, 2013
Eastham moved to defer approval of the minutes of July 18, 2013 to the next meeting.
Martin seconded.
A vote was taken and the motion carried 6-0.
OTHER
ADJOURNMENT:
Eastham moved to adjourn.
Martin seconded.
The meeting was adjourned on a 6 -0 vote.
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CITY- OF IOWA CITY 4
M EMORANDUM
Date: September 10, 2013
To: Mayor and City Council
From: Bob Miklo, Staff for Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their August 15, 2013 meeting the Planning & Zoning Commission made the following
recommendations to the City Council:
1. The Commission voted 7 -0 to recommend approval of REZ13- 00019/SUB13- 00012, a
rezoning of a 1.31 acre area from Low Density Multifamily (RM -12) to Planned
Development Overlay /Low Density Multifamily (OPD- RM -12) and a preliminary plat of
The Westwinds Second Addition, a 1.31 acre, 2 lot subdivision located south of Melrose
Avenue and west of Westwinds Drive subject to the following conditions:
a. Restoration of the existing stormwater detention facility on the subject property
and a plan for maintenance of the facility (Staff recommends a Homeowner's
Association be required for the proposed units to ensure that the owners will be
responsible for long -term maintenance).
b. City Engineer approval of stormwater calculations and construction plans prior to
final plat approval.
c. An easement to share the private driveway that provides vehicular access to the
subject properties from Westwinds Drive.
d. An easement to allow Lot 3 of Westwinds to use the existing parking spaces on
the proposed Lot 1 and 2 of the Westwinds Second Addition.
e. Review and approval of the building design by the Design Review Committee.
f. Provision of a pedestrian access along Willowwind Place to Westwinds Drive.
g. Provision of an accessible pedestrian route from the proposed 7 unit building to
Melrose Avenue.
2. The Commission voted 6 -1 (Theobald opposed) to recommend approval of REZ13-
00020, a request to rezone approximately 2.13 acres of land located east of Conklin
Lane, southeast of Dodge Street and west of Dodge Street Court from Community
Commercial (CC -2) to Low Density Multifamily (RM -12) subject to the following
conditions and to amend the second condition to add the words "and appearance from
Dodge Street ":
• Development within 80 feet of Dodge Street Court will be limited to single family, duplex
or townhouse style dwelling units;
• A development plan, including a landscaping plan, building designs, and site plan be
approved by the Design Review Committee and be forwarded to the Planning and
Zoning Commission for review and approval to ensure compatibility with adjacent
residential properties and appearance from Dodge Street;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City standards to
the point of access (driveway location);
• The applicant shall dedicate sufficient land along the entire property frontage to widen
the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provides pedestrian connections from the development to the sidewalk on
Dodge Street;
September 10, 2013
Page 2
• Development on the subject properties shall be designed to drain on -site stormwater
away from Dodge Street Court.
3. The Commission voted 7 -0 to recommend approval of an amendment to Title 14:2C -8 of
the Zoning Code Central Business Site Development Standards to allow additional
building height and floor area, and alternative ground floor transparency and building
articulation standards for properties zoned Central Business Support (CB -2) that are
located in the Riverfront Crossings District as set forth in the staff memo for this meeting
of August 15, 2013.
Additional action (check one)
No further action needed
Board or Commission is requesting Council direction
x Agenda item will be prepared by staff for Council action - Done
PLANNING AND ZONING COMMISSION APPROVED
AUGUST 15,— 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin,
Paula Swygard, Jodie Theobald, John Thomas
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Karen Howard, Sarah Greenwood Hektoen
OTHERS PRESENT: Mary Gravitt, Duane Musser, Glenn Siders, Alan MacVay, Lori
Dockery, Clifton Young, Tim Furman, Kevin Monson
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 7 -0 to recommend approval of REZ13- 00019/SUB13- 00012,
a rezoning of a 1.31 acre area from Low Density Multifamily (RM -12) to Planned
Development Overlay /Low Density Multifamily (OPD- RM -12) and a preliminary plat
of The Westwinds Second Addition, a 1.31 acre, 2 lot subdivision located south of
Melrose Avenue and west of Westwinds Drive subject to the following conditions:
• Restoration of the existing stormwater detention facility on the subject
property and a plan for maintenance of the facility (Staff recommends a
Homeowner's Association be required for the proposed units to ensure that
the owners will be responsible for long -term maintenance).
• City Engineer approval of stormwater calculations and construction plans
prior to final plat approval.
• An easement to share the private driveway that provides vehicular access to
the subject properties from Westwinds Drive.
• An easement to allow Lot 3 of Westwinds to use the existing parking spaces
on the proposed Lot 1 and 2 of the Westwinds Second Addition.
• Review and approval of the building design by the Design Review
Committee.
• Provision of a pedestrian access along Willowwind Place to Westwinds
Drive.
• Provision of an accessible pedestrian route from the proposed 7 unit
building to Melrose Avenue.
2. The Commission voted 6 -1 ( Theobald opposed) to recommend approval of REZ13-
00020, a request to rezone approximately 2.13 acres of land located east of
Conklin Lane, southeast of Dodge Street and west of Dodge Street Court from
Community Commercial (CC -2) to Low Density Multifamily (RM -12) subject to the
following conditions and to amend the second condition to add the words "and
appearance from Dodge Street ":
• Development within 80 feet of Dodge Street Court will be limited to single
family, duplex or townhouse style dwelling units;
• A development plan, including a landscaping plan, building designs, and site
plan be approved by the Design Review Committee and be forwarded to the
Planning and Zoning Commission
August 15, 2013 - Formal
Page 2 of 12
Planning and Zoning Commission for review and approval to ensure
compatibility with adjacent residential properties and appearance from
Dodge Street;
• If development on this property has vehicular access to Dodge Street
Court, the developer shall install improvements needed to bring the street
up to City standards to the point of access (driveway location);
• The applicant shall dedicate sufficient land along the entire property
frontage to widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street
Court frontages, and provides pedestrian connections from the development
to the sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site
stormwater away from Dodge Street Court.
3. The Commission voted 7 -0 to recommend approval of an amendment to Title
14:2C -8 of the Zoning Code Central Business Site Development Standards to
allow additional building height and floor area, and alternative ground floor
transparency and building articulation standards for properties zoned Central
Business Support (CB -2) that are located in the Riverfront Crossings District as
set forth in the staff memo for this meeting of August 15, 2013.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Mary Gravitt of 2714 Wayne Avenue said she's concerned with all these outdoor restaurants.
She said she thinks the City is allowing too many of them, and takes particular issue with the
one on College and Linn Streets where the outside eating takes up two- thirds of the sidewalk,
leaving people in wheelchairs at risk of tipping over into the street due to the slope of the outer
portion of the sidewalk. She also took issue with the way the benches were placed and said it
makes it hard for pedestrians to get around, especially disabled people.
Gravitt also had some complaints about the landlords at The Town and Campus apartments not
being responsive to the disturbance that some of the tenants' visitors make.
Rezoning Items / Development Item:
REZ13- 00019/SUB13- 00012: Discussion of an application submitted by Willowwind
Properties, LLC for a rezoning from Low Density Multifamily (RM -12) zone to Planned
Development Overlay /Low Density Multifamily (OPD -RM12) zone for 1.31 -acres of land
located at Willowwind Place and Westwinds Drive and a preliminary plat of The
Westwinds Second Addition, a 2 -lot residential subdivision.
Miklo said they had received a revised plat that took care of some of the deficiencies noted in
the staff report. He said staff is recommending approval subject to a number of conditions.
Theobald asked if the oak trees along Melrose would be preserved. Miklo said if they tied into
the existing walkway they would not be touched.
Freerks asked if any of the sidewalks along Melrose Street are being dealt with as a Code issue
right now. Miklo said yes, and with the new development, the City will be able to deal with the
Planning and Zoning Commission
August 15, 2013 - Formal
Page 3 of 12
Homeowners Association about removing snow from that walkway.
Eastham asked if access to this development is going to be provided solely by private drives
from Westwinds Drive. Miklo said that's correct. Eastham said he has concerns about the snow
removal and long term maintenance of Willowwind Drive as well as the stormwater detention
basin being maintained by the homeowners associations. Miklo said the one Homeowners
Association would be required to maintain the stormwater basin. He said snow removal is
currently done by the condominium association to the south, but during the negotiations for an
easement, perhaps they will negotiate some sharing of that requirement.
Freerks said when people buy a condo, they will be informed of their obligations.
Eastham said from personal experience, he knows that you don't always get all the information
you need when you buy a condo. He said right now he is a bit leery of providing access across
a private driveway maintained by an existing homeowners association, adding another one, and
assuming that the two groups are going to work out a way of sharing and managing the
maintenance of Willowwind Place. Miklo said in terms of staff recommendations, approval is
subject to the developer securing an easement with their neighbor, Lot Three, so this
association has a lot of leverage in what they negotiate in exchange for allowing access for their
property. Eastham said the idea must be that they will use that leverage to make sure there is
reasonable cost sharing in terms of maintaining those private streets.
Eastham asked if he is correct that the homeowners association that would include the seven
new units as well as the two units in the existing duplex will be a separate association that will
be responsible for maintaining the stormwater detention basin. Miklo said that was correct.
Eastham said, then, that those nine units will be responsible for maintenance for a basin that
provides stormwater management for more than Lots One and Two. Miklo agreed. Eastham
asked if the staff had confidence that those nine homeowners are going to be able to bear the
expense of that maintenance. Miklo said the maintenance is basically mowing and any buyer
will know upfront about their responsibilities. He said he doesn't think there is a way the City
could impose a condition retroactively on the existing units. Eastham said that may be a
substantial financial burden on those nine units.
Greenwood Hektoen said that is the developer's risk to take.
Thomas asked how many other units are tied into that basin. Miklo said at least the twenty -four
units on Lot 3 but it may serve a larger subdivision.
Theobald asked if the City Forester has looked at what trees have been selected to screen the
existing duplex. Miklo he hasn't reviewed this latest version.
Dyer asked if the detention pond has been maintained up to now. Miklo said it hasn't been.
Freerks opened public discussion.
Duane Musser of MMS Consultants said there is a large area that drains into the stormwater
basin, and the applicant is aware that there's considerable expense involved to get the basin up
to Code. He said once they get into the final design they will have to prove that they have the
volume to meet the City standards. He said once it is established, there shouldn't be any
expense for maintenance other than mowing and keeping trees out of it. He said the applicant
has secured an easement agreement for the private drive. He said they are still working on the
pedestrian access route. He said they are sensitive about keeping as many trees as possible
Planning and Zoning Commission
August 15, 2013 - Formal
Page 4 of 12
along Melrose.
Eastham asked if the stormwater detention basin is actually functioning now. Musser said the
water does go into it and drain out, but he doubts if it meets the current design standards, and it
hasn't been properly maintained. He said they plan to dredge it and reshape it so it functions
correctly. Eastham asked if Musser estimates that it will have to be maintained at some cost
over time. Musser said he thinks it will be the same as mowing a yard, and he estimates that it
will need to be mowed four to six times a year.
Theobald asked if junipers were going to go in as the shield along the building. Musser said the
trees they originally planned on were deemed too small as screening, so they went with
something larger. Theobald said junipers get leggy and don't provide good screening. Musser
said staff had wanted a variety of trees in case of disease. Theobald expressed her concern
with the nice spruces on the edge of the stormwater basin. Musser said they would do their best
to save trees, but they will have to grade and reshape to get their capacity.
Freerks closed public discussion.
Thomas moved to recommend approval of REZ13- 00019/SUB13- 00012, a rezoning of a
1.31 acre area from Low Density Multifamily (RM -12) to Planned Development
Overlay /Low Density Multifamily (OPD- RM -12) and a preliminary plat of The WestWinds
Second Addition, a 1.31 acre, 2 lot subdivision locate south of Melrose Avenue and west
of Westwinds Drive subject to the following conditions:
• Restoration of the existing stormwater detention facility on the subject property and
a plan for maintenance of the facility (Staff recommends a Homeowner's
Association be required for the proposed units to ensure that the owners will be
responsible for long -term maintenance).
• City Engineer approval of stormwater calculations and construction plans prior to
final plat approval.
• An easement to share the private driveway that provides vehicular access to the
subject properties from Westwinds Drive.
• An easement to allow Lot 3 of Westwinds to use the existing parking spaces on the
proposed Lot 1 and 2 of the Westwinds Second Addition.
• Review and approval of the building design by the Design Review Committee.
• Provision of a pedestrian access along Willowwind Place to Westwinds Drive.
• Provision of an accessible pedestrian route from the proposed 7 unit building to
Melrose Avenue.
Eastham seconded.
Eastham said his major concern is that this stormwater basin will have to function well for the
area right around it as well as for a much larger area, and the only mechanism available to
provide long -term maintenance and functioning is nine residential units. He said they don't have
any information what the cost will be per each unit per year. He said it would be different if the
stormwater basin was serving only the two existing units, but it will be serving a much wider
scope. He said he thinks the plan is based more on expectations than on acceptable
assumptions, but he doesn't see any other way around it.
Freerks said she agreed that this isn't ideal, but this lot has been a blight for a long time, and it
had one owner who chopped it off and created this issue. She said you have to weigh the
opportunity to create something better and create housing options against nine people being in
charge of payment for the basin, but if it's maintained well, she hopes it doesn't become a huge
Planning and Zoning Commission
August 15, 2013 - Formal
Page 5 of 12
expense and most of all that people will know up front what they are getting into when they buy
or rent those units.
Theobald said her concern is the maintenance. She said some of the trees are lovely and she
sees that as a really nice thing to build on if they can be saved.
Thomas said it's problematic to him that the detention basin is serving the development to the
south as well as the drainage from the street to the east and that the basin is the responsibility
of nine units. He said it seems to be more of a legal issue than one of planning and zoning.
Miklo said that if the larger subdivision was being developed today, the legal papers in the
developer's agreement would address all this. Thomas said in this case there is a considerable
burden on this property in terms of the renovation and maintenance of the basin.
Dyer asked if the people in the existing duplex had any responsibility for the basin up to now.
Miklo said they have not. He said the owner of the duplex is responsible.
A vote was taken and the motion carried 7 -0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo said since the last Commission meeting, staff has met with the applicant and discussed
the concern voiced about Dodge Street Court and the language in the Comprehensive Plan
about residential development on Dodge Street Court being similar to what's in the
neighborhood. He said the applicant has agreed to an additional condition that would limit any
development from the first eighty feet to single family duplex or townhouse style done in a way
to be compatible with the residential across the street, which may still allow the possibility of an
apartment building in the area closer to Dodge Street. He said the access is likely to come off
Dodge Street with no curb cuts or driveways onto Dodge Street Court. He said staff is
recommending approval with the additional condition mentioned above and also continuing with
the recommendation that the Design Review Committee review and approve a plan that will be
forwarded to this Commission for review and approval, as well as the condition that vehicular
access be limited to Dodge Street unless the Dodge Street Court is upgraded. He said staff is
asking for additional right -of -way for Dodge Street Court as well as sidewalks being provided on
Conklin Lane and Dodge Street Court, and that drainage be directed away from Dodge Street
Court.
Eastham asked if the staff considered requiring pedestrian access from the development to
Dodge Street Court. Howard said it's the general standard in the Zoning Code that you provide
pedestrian routes out to public sidewalks, so the applicant would have to show a pedestrian
circulation pattern for the development. Eastham said he was concerned with how pedestrians
from the development would get to Dodge Street Court.
Greenwood Hektoen said that would be examined at the time of preliminary platting.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services, representing the applicant, said they have no
Planning and Zoning Commission
August 15, 2013 - Formal
Page 6 of 12
problem with any of the conditions imposed by the Conditional Zoning Agreement (CZA). He
asked that the Commission keep in mind that they are giving up about eight thousand square
feet to accommodate the fifty foot right -of -way for future improvements onto Dodge Street Court,
should they ever happen. He said they don't anticipate access from Conklin Lane or Dodge
Street Court.
Alan MacVay of Conklin Lane said he was pleased that the developer would need to present
specific plans for this site. He asked about the density. Miklo responded that he estimated a
total of twenty -four to twenty -eight units at the most could be built. McVay said they would have
to be very careful about doubling the density on a very small plot. He said he want to be sure
that this is developed in an attractive way and is welcoming as a gateway to Iowa City, as well
as being appropriate for the neighborhood.
Miklo said at the last meeting Eastham had requested adding reference to this being an
entrance to the city, and that was left out of the conditions, so the Commission could make that
a condition of approval.
Lori Dockery of 1110 Conklin Lane said she likes the idea of duplexes and townhouse —style
units but would like clarification on exactly what is meant by townhouse - style. Miklo explained
that in this case each unit would have a front and back door but there is no visual separation
between the units.
Clifton Young of 1124 Dodge Street Court asked where the cars will be parked for all the
buildings that will be constructed. He said people with garages already park out on Dodge
Street Court, and if they add thirty -two more family units, that could be up to sixty cars. He said
his other concern is the density. Miklo said the most efficient way to put parking on this site
would be to put garage or parking behind the units. He said you might see a twelve unit building
and single family duplex or townhouses on this site but there won't be a twenty -four unit building
on the site.
Freerks asked what the maximum number of bedrooms would be in this zone. Miklo said it
would be three.
Eastham asked how the current parking requirements for development work out well for this
kind of development in terms of adequate on -site parking. Miklo said in this zone one parking
space would have to be provided per bedroom.
Freerks said it doesn't have to be three, and it could be built with fewer bedrooms.
Miklo clarified if these were built as single family and they were subdivided into lots only one
parking space is required. He said most single family provides two. He said if they were
duplexes two parking spaces would be required. He said if they were townhouse style, which is
technically multifamily, then three spaces would be required.
Tim Furman of 1263 Dodge Street Court said he would urge the Commission to consider the
Comprehensive Plan in their decision. He said the Plan states that "if it is not possible to
achieve a mixed use development adjacent to Dodge Street Court the preferred use is
residential similar to the existing residential development in the area ", not the first eighty feet of
Dodge Street Court so he thinks this is some tricky wording. He said the area is all single family
and he thinks RS -12 is the highest density that should be granted.
Miklo corrected his previous statement and clarified that since this isn't a University Impact
Planning and Zoning Commission
August 15, 2013 - Formal
Page 7 of 12
Zone, only two parking spaces are required for a 3- bedroom unit. Freerks said it's in the best
interest of the developers to offer guest parking with apartment buildings and the Commission
likes to see it, at least with the twelve -unit building.
Eastham noted there is little if any on- street parking available in this area.
Freerks closed public discussion.
Eastham moved to recommend approval of REZ13- 00020, a request to rezone
approximately 2.13 acres of land located east of Conklin Lane, southeast of Dodge and
west of Dodge Street Court from Community Commercial (CC -2) to Low Density
Multifamily (RM -12) subject to the following conditions and amending the second
condition to add the words "and appearance from Dodge Street ":
• Development within 80 feet of Dodge Street Court will be limited to single family,
duplex or townhouse style dwelling units;
• A development plan, including a landscaping plan, building designs, and site plan
be approved by the Design Review Committee and be forwarded to the Planning
and Zoning Commission for review and approval to ensure compatibility with
adjacent residential properties and appearance from Dodge Street;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City
standards to the point of access (driveway location);
• The applicant shall dedicate sufficient land along the entire property frontage to
widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provides pedestrian connections from the development to the
sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site
stormwater away from Dodge Street Court.
Martin seconded.
Eastham said this is a reasonable approach to development of this site, which does have some
considerations in terms of assuring compatibility with the existing developments along Dodge
Street Court and Conklin Lane as well as complying with the Comprehensive Plan. He said he
interprets the Plan for this area that the compatibility with existing buildings should definitely
obtain along Dodge Street Court. He said other language in the Plan calls for more dense or
multifamily development along areas served by arterial streets, and he thinks there will be good
visual separation between existing homes on Dodge Street Court and any modest sized
multifamily building toward the northern part of this parcel. He said he will be looking forward to
a good plan consisting of internal circulation and communication.
Martin said that this area being a residential area is appropriately welcoming as a gateway to
Iowa City. She said she is looking forward to something residential going in there and thinks it's
a nice beginning.
Thomas said for him the issues of density and compatibility are the critical ones, and the
opportunity the Commission will have to review the plans for this site will give the Commission
the opportunity to evaluate if the compatibility is realized. He said he thinks higher density
should strive toward higher quality, yet he feels that in Iowa City multifamily has a reputation as
something to be dreaded. He said when they promote higher density, he would like to see a
higher quality result from that, and that's what he will be looking for at the next review.
Planning and Zoning Commission
August 15, 2013 - Formal
Page 8 of 12
Theobald said she said she has concerns about the density and the compatibility with the
existing housing.
Freerks said she thinks having townhouses adjacent to the subject property has potential to
blend in. She said she agrees with Thomas's comments about quality, because this is a
gateway and she wants what takes place there to create a welcoming and pleasant
environment.
Dyer said she supports it also. She said it was a good idea to eliminate access on Dodge Street
Court and Conklin Lane, although making a left turn onto Dodge Street is difficult and you will
have two of those turns fairly close together. Miklo clarified that his approval would not
necessarily eliminate it but would make it unlikely.
Swygard said she would encourage that the next step involve the neighbors as much as
possible in the design and the use of screening and she would the applicant to keep in mind that
the proper landscaping can make the neighborhood feel less encroached upon.
A vote was taken and the motion carried 6-1 with Theobald opposed.
Zoning Code Amendment:
Discussion of an amendment to Title 14: Zoning, to allow additional building height and
floor area, and alternative ground floor transparency and building articulation standards
for properties zoned Central Business Support (CB -2) that are located in the Riverfront
Crossings District.
Howard explained that MidWestOne Bank is designing a new office building that will be located
at the corner of Clinton and Harrison Streets on the site of the former Sabin School parking lot.
She said the proposed building will replace the former MidWestOne building torn down at the
corner of Burlington and Clinton Streets for the new music school. She said the parking lot was
rezoned when the property was transferred to MidWestOne to Central Business Support (CB -2).
It was zoned CB -2 because this zone allows drive - through facilities, and the bank wanted to
retain that function.
Howard said when the CB -2 zone was chosen it was recognized that eventually this zoning
designation would be replaced with the anticipated form -based code for Riverfront Crossings.
Howard said the staff expected the Riverfront Crossings Code to be in place by the time the
building was built, but MidWestOne Bank wants to start construction sooner than originally
anticipated, so they have asked staff what kinds of zoning issues they would have if they want
to start this fall. Midwest One is proposing a 6 -story office building. She said the proposed
building would be consistent with the Riverfront Crossings Plan in that taller, larger buildings are
anticipated in that area. She said this is the only property zoned CB -2 south of Burlington Street,
so the proposed zoning code amendment would only apply to this particular property. Howard
emphasized that this amendment is an interim zoning solution and will only affect this property.
She said in this case they anticipate that the CB -2 zoning of the property will be replaced when
the form -based Code is adopted.
Howard said the zoning issues staff identified are that the proposed building exceeds the
maximum FAR and building height for the current CB -2 zone. In addition, the Harrison Street
fagade does not meet the ground -level storefront window standard that applies in the Central
Business Zones. She noted that most of the central business district, retail and restaurants are
the intended predominant uses so the storefront transparency requirements are very important.
Planning and Zoning Commission
August 15, 2013 - Formal
Page 9 of 12
In this case, the entire building is an office building and has office space on the first floor where
privacy is more of a consideration. She said in the Riverfront Crossings Plan there are primary
and secondary streets identified. Primary streets will have the highest standard for first floor
transparency and secondary streets will have a lower requirement. For the Midwest One
property, Harrison Street is the secondary street and Clinton is the primary street. She said the
MidWestOne Bank building plan is consistent with the window standards anticipated in the
Riverfront Crossings District for these two streets.
Greenwood Hektoen asked if when the Riverfront Crossings Code is proposed would it create a
non - conforming situation. Howard said there is no guarantee, because the code has not been
adopted yet, but staff is relying on the work in progress and the plan itself that's been adopted
already. Miklo said it's consistent with the working draft of the Riverfront Crossings Code.
Swygard asked staff to define mid -rise and high -rise buildings. Howard said they don't have a
particular definition of those terms in the Zoning Code. She said high -rise buildings tend to be
taller than the right -of -way is wide.
Miklo said the right of way in this case is 80 feet on Harrison and 100 feet on Clinton.
Dyer asked if this neighborhood is likely to be rezoned in the manner they are proposing for this
proposed building. Howard said it would. Howard said in the form based code it will be mixed
use, which is a bit more flexible and allows residential uses along the same frontages as
commercial uses. Dyer said the new building on the pedestrian mall isn't very appealing, but the
worst thing about it is that on the east side there is brick straight up. She said the other building
that didn't take into account the neighbors is the Oaknoll addition, where the back of the building
is just a wall of plain ugly. She said she'd like to see the expectation that building walls that will
be visible from all four directions will be reviewed accordingly.
Howard said she has elevations of what all four sides of this building will consist of. She said all
four sides in this case will be largely glass, although of varying transparency.
Freerks noted, and Dyer agreed, that Dyer's comments were directed toward the future and for
Riverfront Crossings in general. She said she has to agree. She thinks perhaps there was
another way to design the building on the pedestrian mall so the elevator shaft and other
mechanical equipment didn't necessitate a plain wall.
Greenwood Hektoen explained that part of it is fire code regulations, and if you build up to the
property lines, you can't have openings.
Dyer said maybe they shouldn't be building up to the property line.
Freerks said she has heard from a number of people, and it's something they need to look at in
the future because if you are going to have a skyline perhaps all these things should be taken
into consideration.
Eastham said perhaps there could be a drawing or art on that side of the building.
Thomas said the Commission didn't get to see that side when it was made public.
Dyer said she wouldn't have voted for it or for Oaknoll.
Swygard asked if the same kinds of plans for sidewalk width and landscaped parkways noted in
Planning and Zoning Commission
August 15, 2013 - Formal
Page 10 of 12
the Riverfront Crossings Plan for the Clinton Street Promenade will have to be put forth in this
application. Howard said that's in the public right -of -way. She said the Zoning Code addresses
regulations on private property. She said after the building is constructed, the streetscape will
have to be installed according to the Plan.
Martin asked if the Sabin School itself is going to be affected. Howard said the University will
tear down the building and there are discussions between the City and Midwest One to
construct a mid -block parking structure with residential units along Dubuque Street.
Freerks opened public discussion.
Kevin Monson, chairman of the board for MidWestOne Bank, said they believe this is exactly
what Riverfront Crossings is and should be about. He said they are in the process of restoring
the main MidWestOne building downtown and before they can finish that, they need to relocate
employees to this proposed building. He said it's a very transparent and energy efficient
building, showed renderings to the Commission and explained what features they will have. He
said the building is five floors above grade, and the top floor has one room as a conference
space, and then a rooftop garden. He said the rule of thumb for what constitutes a high -rise is a
building that exceeds 75 feet.
Dyer asked about the back of the building.
Monson replied that the building is about the same on all four sides, although they do have
different types of glass.
Eastham said from the renderings the ground level on Harrison Street side doesn't look very
eye- catching.
Monson explained how this wall is designed to allow light to penetrate through the translucent
glass, but not views in order to afford privacy to the employees and the bank's mortgage clients.
He noted, however, that the main lobby entrance at the corner and the elevator portions will be
highly transparent.
Freerks closed public discussion.
Eastham moved to recommend approval of an amendment to Title 14:2C -8 of the Zoning
Code Central Business Site Development Standards by adding Subsection R as set forth
in the staff memo for this meeting of August 15, 2013.
Swygard seconded.
Eastham asked if the proposed seventy percent requirement in paragraph 3. of the memo and
forty percent requirement in paragraph 4. are compatible with the proposed design standards in
the Riverfront Crossings plan.
Howard said staff feels this is an improved standard for the primary streets in Riverfront
Crossings.
Theobald asked if there is a bike trail planned along Clinton Street. Howard replied that Clinton
has enough right -of way to accommodate bike lanes, parking, busses and pedestrians.
Eastham asked if it was a fair assumption to think that the four nice trees along Harrison will
Planning and Zoning Commission
August 15, 2013 - Formal
Page 11 of 12
have to be removed for the building construction. Howard said that was a fair assumption.
Freerks said she's happy to see MidWestOne investing early in Riverfront Crossings and she's
delighted by the sketches that she sees here. She does wish that the Sabin School were
salvageable. She said at the very least she would like a portion salvaged and recycled. She said
if this is the first office building since urban renewal, there's a great need for additional business.
She thinks this is a wonderful project and will be supporting it.
Eastham said he's delighted MidWestBankOne is going ahead with this project. He said he
thinks will be a great attraction to the area south of Burlington Street.
Swygard said she's excited to see there's a rooftop garden, and she hopes they will promote it
that so other businesses will follow that lead.
Thomas said he's excited to see the development of Clinton Street moving forward, as he thinks
that's the key to Riverfront Crossings. He said he likes the height and scale of the building.
Dyer said she likes the idea of a contemporary building setting the pace rather than something
that tries to look historical and isn't.
A vote was taken and the motion carried 7 -0.
Consideration of Meeting Minutes: July 18 and August 1. 2013
Eastham moved to approve all minutes.
Swygard seconded.
A vote was taken and the motion carried 7 -0.
OTHER
Eastham brought up a comment made during public discussion, and said some of the outdoor
seating that has been approved is not necessarily something that people using wheelchairs are
comfortable with.
Thomas said there is the workshop process under way for the downtown streetscape plan and
would encourage the Commission to give Eastham's thought some consideration.
Freerks said she was glad Gravitt showed up to give her comments concerning this, and she
hopes City Council will see them. She said she has heard from people about what's taking up
parking places, and safety is also an issue. Theobald said she, too, has heard comments.
ADJOURNMENT:
Swygard moved to adjourn.
Martin seconded.
The meeting was adjourned on a 7 -0 vote.
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RULES COMMITTEE MEETING
MINUTES
September 11, 2013
City Clerk's Office
11:00 AM
Committee Members Present: Champion, Dickens
Staff Members Present: Karr
Police Citizens Review Board (Citizens Police Review Board) By Laws
City Clerk Karr noted the request for changes as outlined in Procedural Rules distributed;
and reported the Police Citizens Review Board had recommended approval.
The Rules Committee recommended the Procedural Rules be approved as presented.
Meeting adjourned 11:10 AM