HomeMy WebLinkAbout2018-02-06 Ordinance(p G
Prepared by: Sylvia BOchner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ17-00020)
Ordinance No.
Ordinance rezoning approximately 8.62 acres of property from
County Commercial (C) and County Multifamily Residential (RMF) to
Interim Development Multi -family Residential (ID -RM) zone for 5.86
acres and Interim Development Single Family (ID -RS) for 2.76 acres
located at 4643 Herbert Hoover Highway SE. (REZ17-00020)
Whereas, the applicant, IC Housing Group, LLC, has requested a rezoning of property located
at 4643 Herbert Hoover Highway SE from County Commercial (C) and County Multifamily
Residential (RMF) to Interim Development Multi -Family Residential (ID -RM) for 5.86 acres and
Interim Development Single Family (ID -RS) for 2.76 acres; and
Whereas, the Comprehensive Plan, specifically the Northeast District Plan indicates that the
subject area is appropriate for residential development; and
Whereas, the applicant is still investigating options for utility provision; and
Whereas, interim zoning allows for managed growth until utilities are identified; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Property described below is hereby reclassified from its current zoning
designation of County Commercial (C) and County Multifamily Residential (RMF) to Interim
Development Single Family (ID -RS) and Interim Development Multi -Family Residential (ID -RM):
ID -RS :
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION,
JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88040'08"W, ALONG THE
SOUTHERLY LINE OF SAID LOT 1, 298.79 FEET TO THE SOUTHWEST CORNER OF SAID
LOT 1; THENCE N01°19'52"E, ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE
OF 404.00 FEET; THENCE S88°40'08"E, 296.62 FEET TO A POINT ON THE EASTERLY
LINE OF SAID LOT 1; THENCE S01°01'23"W, ALONG SAID EASTERLY LINE 404.01 FEET
TO THE POINT OF BEGINNING, CONTAINING 2.76 ACRES AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
ID -RM:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION,
JOHNSON COUNTY, IOWA AS RECORDED IN BOOK 25 AT PAGE 42 IN THE RECORDS
OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N01001'23"E, ALONG THE
EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 404.01 FEET TO THE POINT OF
BEGINNING; THENCE N88°40'08"W, 622.58 FEET TO A POINT ON THE WESTERLY LINE
Ordinance No.
Page 2
OF SAID LOT 1; THENCE N01°19'52"E, ALONG SAID WESTERLY LINE AND ITS
NORTHERLY EXTENSION, 328.94 FEET TO A POINT ON THE CENTER LINE OF HERBERT
HOOVER HIGHWAY SE; THENCE N76°31'01"E, ALONG SAID CENTER LINE, 641.25 FEET
TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 1;
THENCE S01001'23"W, ALONG SAID NORTHERLY EXTENSION OF THE EASTERLY LINE
AND THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 492.90 FEET TO THE POINT
OF BEGINNING, CONTAINING 5.86 ACRES AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
Section II. Zoning Mao. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
Mayor
Approved by:
City Clerk City Attorney's Office .) f I /j B
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration
02/06/2018
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims, Salih. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
('4
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5420
(REZ17-00018)
Ordinance No. 18-4737
Ordinance conditionally rezoning approximately .48 acres of
property from Intensive Commercial (CI -1) to Riverfront Crossings —
Central Crossings Subdistrict (RFC -CX) zone located at 703, 705, and
709 S. Dubuque Street (RFZ17-00018)
Whereas, the applicant, Breckenridge Apartments, LLC, has requested a rezoning of property located at
703, 705, and 709 S. Dubuque Street from Intensive Commercial (CI -1) to Riverfront Crossings — Central
Crossings Subdistrict (RFC -CX ); and
Whereas, the subject property is located in the Central Crossings subdistrict of Riverfront Crossings; and
Whereas, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the Central Crossings subdistrict, including promoting a high-density,
pedestrian friendly character with a mixture of housing types; and
Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for a fence and landscape buffer adjacent to the railroad and the provision of usable open space; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the owner and applicant have agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Intensive
Commercial (CI -1) to Riverfront Crossings — Central Crossings Subdistrict (RFC -CX ):
Lot 1 and the north 60 feet of Lot 2, Block 17, County Seat of Johnson County, Iowa, according to the
recorded plat thereof.
Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No. 18-4737
Page 2
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 6thday of February , 20jj�
ATTEST:
ITY CLERK
App ved by
p�ss
City Attorneys Office
Ordinance No. 18-4737
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
%
Botchway
x
Cole
x
Mims
x
Salih
x
Taylor
%
Thomas
x Throgmorton
First Consideration 01/16/2018
Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 02/15/2018
Moved by Mims, seconded by Salih, that the rule requiring ordinances to
be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted
upon for final passage at this time.
AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Salih.
NAYS: Taylor. ABESENT: None.
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00018)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Breckinridge Apartments, LLC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 0.48 acres of property located
at 703, 705, and 709 S. Dubuque Street; and
Whereas, the Owner has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfront Crossings — Central Crossings Subdistrict (RFC -CX); and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding buffering the adjacent railroad and usable open space, the requested
zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for buffering the adjacent railroad and usable open space; and
Whereas, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Breckenridge Apartments, LLC is the legal title holder of the property legally
described as:
_Lot 1 and the north 60 feet of Lot 2, Block 17, County Seat of Johnson County, Iowa,
according to the recorded plat thereof.
2. The Owner acknowledges that the City wishes to ensure conformance to the
principles of the Comprehensive Plan and the Downtown and Riverfront Crossings
Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017)
provides that the City of Iowa City may impose reasonable conditions on granting a
rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions necessary to assure buffering
pptladMaggmgtlilional on'm agree I 77-0W79703 tlabu a 002 iUo Imfngagrmmenulw
from the railroad and adequate usable open space for the residents of the building:
a. A fence and landscape buffer shall be constructed and maintained along the
northern boundary of the subject property, in accordance with a landscape plan
approved by the Riverfront Crossings Form -Based Code Committee.
b. A minimum of 900 square feet of usable open space shall be provided and
maintained on the rooftop.
4. The Owner and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
5. The Owner and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed
to be a covenant running with the land and with title to the land, and shall remain in
full force and effect as a covenant with title to the land, unless or until released of
record by the City of Iowa City. The parties further acknowledge that this agreement
shall inure to the benefit of and bind all successors, representatives, and assigns of
the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state,
and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption
and publication of the ordinance, this agreement shall be recorded in the Johnson
County Recorder's Office at the Owner's expense.
Dated this 6th day of February 2016
City of Iowa City
G.
JiFffThrogmorton, Ma or
Attest:
Kellie Fruehling City Clerk i
Approved by:
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City of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on f ('l l F -K �h 201'e by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
CHRISTINE OLNEY Notary Public in and for the ate of Iowa
111110V
Commission Number 806232
M Commission Expires
(Stamp or Seal)
State of _
County of
This record was
(type of authority, such as
Title (and Rank)
before me on , 2018 by
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be f Breckenrid=Apartments• L.L. C..
Nptary Public in and for the State of Iowa
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City Attorney"s\
City Of Iowa City
STATE OF IOWA
JOHNSON COUNTY
This instrument was
Throgmorton and Kellie Fruehling as
Corporate Acknowlenne1
STATE OF IOWA
) ss:
JOHNSON COU )
before me o , 20_ by Jim
or and C' Clerk, respectively, of the City of Iowa City.
No ry Public in and for the State of Iowa
Title (and
Seal)
This instru int was acknowledged before me on 20_ by
as of Inc.
Notary Public in and for said Co ty and State
(Stamp or Seal)
Title (and Rank)
Breckenridge Apartments LLC Acknowledgment:
State of W1
County of z,)-, c
This record was acknowledged before me on of//6//g (Date)
by A6c4oeL Fs 4e— (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
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To; Planning and Zoning Commission
Item: REZ17-00018
703, 705, and 709 S. Dubuque Street
GENERAL INFORMATION:
02-06-18
6d
STAFF REPORT
Prepared by: Sylvia Bochner, Planning Intern
Date: December 21, 2017
Applicant: WhistlerApts., LLC
2249 Pinehurst Drive
Middleton, WI
608-235-0122
mikefishbadger@gmaii.com
Contact: Glen Meisner
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
g.meisner@mmsconsultants.net
Dorothe J. Connell
5175 Rapid Creek Road NE
Iowa City, IA 52240
Rezone from Intensive Commercial (CI -1) to
Riverfront Crossings -Central Crossings (RFC -CX)
To allow for the development of a multi -family
residential building
703, 705, and 709 S. Dubuque Street
0.52 acres
Commercial and Residential, CI -1
North:
Depot, CC -2
South:
Parking, P-1
East:
Commercial, CC -2 and CI -1
West:
Parking, P-1
Downtown and Riverfront Crossings Master Plan
C7—Near Southside
November 16, 2017
December 31, 2017
2
BACKGROUND INFORMATION:
The applicant, Whistler Apts., LLC, is requesting rezoning of 0.52 acres located at 703, 705,
and 709 S. Dubuque Street from Intensive Commercial (CI -1) to Riverfront Crossings—
Central Crossings (RFC -CX) to allow for the development of 55 units of multifamily housing.
These properties are located just south of the Iowa Interstate Railway. Currently, these
properties include a commercial building, which houses a heating and plumbing business,
its unpaved parking lot, and a two-family conversion residential building.
The subject properties are located within the Central Crossings Subdistrict of Riverfront
Crossings. Since the property is located in the Riverfront Crossings District, it is eligible for
Riverfront Crossings zoning as specified in the regulating plan in Article 14-2G, Riverfront
Crossings District Form -based Development Standards.
The applicant has indicated that they have used the "Good Neighbor Policy" and held a
Good Neighbor Meeting on November 30, 2017. A summary report of this meeting is
attached.
ANALYSIS:
Current zoning: The Intensive Commercial (CI -1) zone is intended to provide areas for sales
and service functions whose operations are characterized by outdoor display and storage of
merchandise, repair and sales of large equipment or motor vehicles, outdoor commercial
amusement and recreation activities, or operations conducted in buildings that are not
completely enclosed. Due to the potential for noise, dust, and odors from uses allowed in
this zone, residential uses are not allowed in this zone. However, the subject property
includes one non -conforming residential building.
Proposed zoning: The Riverfront Crossings Central Crossings Subdistrict is intended for
moderate intensity mixed use development in buildings with entries opening onto
pedestrian friendly streets and sidewalks. This zone is intended to provide a variety of types
of housing, along with a mix of retail uses. This zone allows most of the uses permitted in
the Central Business Support (CB -5) Zone, such as eating establishments, office uses, and
retail and service uses, along with residential uses in a variety of building types, including
apartment buildings, townhouses, and mixed-use buildings. The maximum building height
in this zone is four stories, with an upper story setback of 10 feet required along street
frontages above the third story.
The applicant intends to build a four-story apartment building that contains 28 one -bedroom
units, 21 two-bedroom units, and 6 three-bedroom units (concept plan attached). The
applicant has indicated that 69 parking spaces will be provided below grade, which exceeds
the required 67.5 parking spaces. Access will be provided from a recessed entrance on the
Dubuque Street frontage, a primary street. The RFC -CX zones requires that parking be
accessed from alleys, rear lanes, or secondary streets. However, if this type of access is not
feasible, access to a primary street may be granted by the Form Based Code Committee. Any
request for a curb cut on an arterial street will be reviewed according to the provisions in
I �
( 3
section 14-5C-6. Because Dubuque Street is the primary street for this development, the
Planned access from Dubuque Street will be subject to this review. However, Dubuque Street
is the only option for access to this site, as the property abuts the Iowa Interstate Railway to
the north and there is no rear alley.
Comprehensive Plan: Rezoning from CI -1 to RFC -CX is consistent with the Downtown and
Riverfront Crossings Master Plan. The subject property is located between the Iowa
Interstate Railway line and the CRANDIC rail line. The Central Crossings District portion of
the master plan indicated that this area would become a Station Plaza, in anticipation of a
regional Amtrak station along the Iowa -Interstate Railway and local light rail on the
CRANDIC rail line. However, due to changes in federal and state direction, Amtrak
passenger rail through Iowa City is unlikely and light rail on the CRANDIC line is not
planned for the near future. Because of these changes, the Station Plaza will not be
developed as described in the Riverfront Crossings Master Plan. However, the City still
plans to maintain some open space at this location. The City has maintained ownership of
a 10' vacated right of way located directly behind the subject property. This area, combined
with the 10' rear setback of the subject property and the setback of any redevelopment on
the adjacent University parking lot, will become at least a 30' wide landscaped courtyard
that will provide pedestrian access to the building from the west.
Although development plans for this specific area have changed, this rezoning complies
with the general character of the Central Crossings Subdistrict. The development of a four-
story, 55 -unit apartment building contributes to the high-density, pedestrian friendly
character that the Downtown and Riverfront Crossings Master Plan intends for the Central
Crossings Subdistrict.
Compatibility with neighborhood: Currently, the neighborhood surrounding the subject
property includes a mix of commercial and multi -family residential properties, along with
surface parking. The development of the proposed apartment building would not be
incompatible with current uses. As the Central Crossings Subdistrict continues to
redevelop, the development on the subject property will be consistent with the mixed-use,
pedestrian friendly character of the area.
The subject property abuts the Iowa Interstate Railroad, which could present noise
concerns for the residents of the proposed building. To mitigate this noise, the applicant
has agreed to use materials such as masonry construction and laminate windows to help
minimize the impact of railroad noise on the interior of the building. Additionally, the site
plan includes a fence along the north side of the building, which will be supplemented with
landscaping to provide screening.
Traffic implications: The streets are already in place for this block, which will provide for
adequate traffic circulation. However, during the Good Neighbor meeting, neighboring
businesses expressed concern that the parking provided maybe inadequate for the number
of residents. The applicant intends to provide 69 parking stalls for 55 apartmentst88
bedrooms. The proposed 69 parking stall exceeds the minimum requirement for parking in
this zone. In the RFC -CX zone, 0.75 spaces are required for each efficiency or one -bedroom
apartment, 1.5 spaces are required for each two-bedroom apartment, and 2.5 spaces are
required for each three-bedroom apartment. With 28 one -bedroom units, 21 two-bedroom
units, and 6 three-bedroom units, a total of 67.5 parking spaces would be required for the
proposed building.
4
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00018, a proposal to rezone approximately 0.52 acres
of property located at 703, 705, and 709 S. Dubuque Street from Commercial Intensive (CI -1)
zone to Riverfront Crossings—Central Crossings Subdistrict (RFC -CX).
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Good Neighbor Meeting Summary
4. Concept Plan
Approved by: (f�
Tracy Hights o , Interim Director,
Department of -Neighborhood and Development Services
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Summary Report for , p
Good Neighbor Meeting
CITY of IOWA CITY
Project Name: Rezoning - WhistlerAperbnente Project Location: 703, 705, & 709 S. Dubuque St
Meeting Date and Time: November 30, 2017 at 5:30
Meeting Location: Robert A. Lee Community Recreation Center, Room B
Names of Applicant Representatives attending: Randy Bruce & Mlke Flsher
Glen Melaner & Gine Landau
Names of City Staff Representatives attending: Bob Miklo
Number of Neighbors Attending: 4 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets If necessary)
Neighbors commented on tho attractiveness of the building.
There was a general question about the University parking lot to the west (will not be disturbed
for this project)
General question on timeline of the project - when to break ground.
Concerns expressed regarding project (attach additional sheets If necessary) -
Nelghbuire expressed concern about providing enough parift. One of the representetwo answered
saying they would provide 57 stalls for 65 apartmonts166 bedrooms. This Is a hlgher Parking
ratio than their other project on Iowa Ave., which Is not full.
The existing retalning well will most likely have to go, hio there was concern about water running
and pooling. Sto mwater will be addressed as the project moves along.
General concern about deck of green space as we0.
Will there be any changes made to the proposal based on this input? If so, describe:
Changes would most likely occur as a result of atonnwater reports, which might include the use of
permeable pavers, holding tanks under pavemem, or other stormwater manegemant prectim.
Staff Representative Comments
Bob Mlkio addressml the question about city approval process and timeline. P & Z meeting
date will not be Deo. 7th, as enticpatad In the GNM letter, but will be Dec. 21st and Conch probably on
Jan.161h.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 21, 2017 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo,
OTHERS PRESENT: Karl Madsen, Glen Meisner, Kevin Burrow, Sam Ray, Joe
Murphy, Curt Moore, Paul Ellis, Mark Nelson
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-1 (Signs dissenting) the Commission recommended approval of REZ17-00018, a
proposal to rezone approximately 0.52 acres of property located at 703, 705, and 709 S.
Dubuque Street from Commercial Intensive (CI -1) zone to Riverfront Crossings -Central
Crossings Subdistrict (RFC -CX) subject to landscaping and fencing be provided between the
building and the railroad and additional rooftop open space.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00018):
Discussion of an application submitted by Whistler Apts., LLC, for a rezoning of approximately
.52 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings- Central Crossings
(RFC -CX) zone located at 703, 705, and 709 S. Dubuque Street.
Bochner presented the staff report beginning by noting where the property is located. The
current zoning of Intensive Commercial is intended to provide areas for sales and service
functions whose operations are characterized by outdoor display and storage of merchandise,
repair and sales of large equipment or motor vehicles, outdoor commercial amusement and
recreation activities, or operations conducted in buildings that are not completely enclosed. Due
to the potential for noise, dust, and odors from uses allowed in this zone, residential uses are not
allowed in this zone. However, the subject property includes one non -conforming residential
building.
The applicant is proposing to rezone this property to the Riverfront Crossings Central Crossings
Subdistrict which is intended for moderate intensity mixed use development in buildings with
entries opening onto pedestrian friendly streets and sidewalks. This zone is intended to provide
a variety of types of housing, along with a mix of retail uses. This zone allows most of the uses
permitted in the Central Business Support (CB -5) Zone, such as eating establishments, office
uses, and retail and service uses, along with residential uses in a variety of building types,
Planning and Zoning Commission
December 21, 2017—Formal Meeting
Page 2 of 9
including apartment buildings, townhouses, and mixed-use buildings. The maximum building
height in this zone is four stories. The applicant intends to build a four-story apartment building
that contains 28 one -bedroom units, 21 two-bedroom units, and 6 three-bedroom units.
Vehicular access will be provided from a recessed entrance on the Dubuque Street
frontage, a primary street. Normally in the Riverfront Crossings Central Crossings zones
parking should be accessed from alleys, rear lanes, or secondary streets. However, if this type of
access is not feasible, access to a primary street may be granted by the Form Based Code
Committee and a request for a curb cut will need to be approved by the City Engineer.
Rezoning from Intensive Commercial to Riverfront Crossings Central Crossings is consistent with
the Downtown and Riverfront Crossings Master Plan. The Central Crossings District portion of
the master plan indicated that this area would become a Station Plaza, in anticipation of a
regional Amtrak station along the Iowa -Interstate Rail Line. However, due to changes in federal
and state direction, Amtrak passenger rail through Iowa City is unlikely anytime soon and light
rail on the CRANDIC line is not planned for the near future. Because of these changes, the
Station Plaza will not be developed as described in the Riverfront Crossings Master Plan.
However, the City still plans to maintain some open space at this location. The City has
maintained ownership of a 10' vacated right of way located directly behind the subject property.
This area, combined with the 10' rear setback of the subject property and the setback of any
redevelopment on the adjacent University parking lot, will become at least a 30' wide landscaped
courtyard that will provide pedestrian access to the building from the west.
Although development plans for this specific area have changed, this rezoning complies with the
general character of the Central Crossings Subdistrict. The development of a four- story, 55 -unit
apartment building contributes to the high-density, pedestrian friendly character that the
Downtown and Riverfront Crossings Master Plan intends for the Central Crossings Subdistrict.
In terms of its use, the proposed building will be compatible with the neighbors which are
commercial properties and multi -family housing. The subject property abuts the Iowa Interstate
Railroad, which could present noise concerns for the residents of the proposed building. To
mitigate this noise, the applicant has agreed to use materials such as masonry construction and
laminate windows to help minimize the impact of railroad noise on the interior of the building.
Additionally, the site plan includes a fence along the north side of the building, which will be
supplemented with landscaping to provide screening.
The streets are already in place for this block, which will provide for adequate traffic circulation.
The applicant intends to provide two levels of below grade parking, the proposed 69 parking stall
exceeds the minimum requirement for parking in this zone. Additionally in the Riverfront
Crossings Zones projects with residential uses are required to provide 10 square feet of useable
open space per bedroom, because this proposal has 88 bedrooms they are required to provide
880 square feet of useable open space, indoor activity space can count for up to 50% of the
useable open space. The proposed building includes a 560 square foot patio on the ground floor
and a community indoor activity room which is 320 square feet on the fourth floor. There will
also be a roof terrace that will be shared outdoor space but because the roof terrace is not at
least 20' wide it does not meet the standards to be counted towards the required useable open
space.
Staff recommends approval of REZ17-00018, a proposal to rezone approximately 0.52 acres of
property located at 703, 705, and 709 S. Dubuque Street from Commercial Intensive (CI -1) zone
to Riverfront Crossings -Central Crossings Subdistrict (RFC -CX).
Parsons asked if there were any specific requirements stated for the fencing that will be located
Planning and Zoning Commission
December 21, 2017 — Formal Meeting
Page 3 of 9
along the Iowa -Interstate Railroad. Bochner noted the fence is not required, it is just something
the applicant said they would be installing for safety and to mitigate potential noise issues.
Freerks is interested in hearing from the applicant regarding the roof top terrace and perhaps
making it larger to add to the open outdoor space for tenants of the building.
Freerks opened the public hearing.
Karl Madsen (Whistler Apts., LLC) stated the project will be called Breckenridge
Apartments, LLC. Madsen commented about the open space on the rooftop, it will be
similar to what they have at the Whistler Apartments on Iowa Avenue, but it is
premature to know exactly how it will work. At this time they have mapped out the mass
and scale of the building but haven't drilled down the details of the layout of the units,
etc. Madsen noted that on the ground floor open space there would not be any
windows on the adjacent units looking out into the open space so there would not be
privacy issues for those tenants.
Freerks noted that even with no windows facing the ground level outdoor area, noise
could still be an issue for the tenants and having a rooftop terrace would be better.
Madsen said he heard the concern loud and clear.
Glen Meisner (MMS Consultants) discussed the Des Moines Street to the north of the
proposed building, it is not currently used as a vehicular street and the railroad has the
rights to that street. Miklo noted that it is not paved.
Kevin Burrow (Knothe & Bruce Architects) remarked about the open space calculations,
what is shown on the first floor does meet the requirements with the 20 feet and is sited
on both sides of one bedroom apartments with all the windows and orientation to the
north. Given that it will be a courtyard, they may consider doing some clear story
windows to let some light through but not to allow any visual connection. As for
concerns about noise, the wall will be exterior walls and they can add masonry to them
to mitigate any noise. Burrow said they are meeting the requirement of the open space
by also including the fourth story community space, and noted there will be an outdoor
patio off that community space, but the depth of the patio will only be 10 feet, but will be
60 feet in length so it does not meet the minimum 20 foot dimension in both directions.
The minimum is met in the first floor patio and the common room on the top floor.
Freerks acknowledged that they have met the minimum requirements but did ask if the
applicant could consider doing a bit more, maybe not making the terrace 20 feet wide,
but more than 10 feet. Burrow asked if the increased the roof top terrace some, but
could not achieve a full 20 feet, would that be acceptable. Freerks said it would if it is
wider than 10 feet.
Signs asked if there was a patio on both the north and south sides of the building in the
indentations. Burrow replied that on the first floor there is (but only the north one would
be accessible to all tenants of the building).
Hensch noted that the Des Moines Street could become an attractive nuisance if
tenants have access to it and may use if for parking. Hensch suggested the applicant
use landscaping and a fence to block off access to that area.
Planning and Zoning Commission
December 21, 2017 — Formal Meeting
Page 4 of 9
Theobald requested they look at fencing for a safety factor, people often cross the
tracks in areas that are not meant to be crossed and it is very dangerous.
Signs asked where the access to the ground level open space comes from. Burrow
noted the one to the north has a public connection with a sidewalk but there is no
access to the patios from the interior of the building.
Signs asked if they had considered doing a rooftop terrace on the very top rood. Burrow
noted that would convert the structure to a five -story structure and they would need stair
and elevator access to the rooftop. The five -story structure would be in violation of the
zoning. Miklo noted that elevator elevatort might be exempt from the height limits and
can look into that if the applicant is interested.
Signs said that a rooftop terrace is preferable. He did not see the ground floor patio on
the north side of the building, surrounded by apartments on three sides, as being very
usable by the tenants of the building. More roof top space would be more usable.
Freerks closed the public hearing
Hensch moved to recommend approval of REZ17-00018, a proposal to rezone
approximately 0.52 acres of property located at 703, 705, and 709 S. Dubuque Street from
Commercial Intensive (CI -1) zone to Riverfront Crossings -Central Crossings Subdistrict
(RFC -CX).
Parsons seconded the motion.
Freerks wanted to add having Staff discuss with the applicant creating a larger open space on
the fourth floor or perhaps a rooftop area.
Hensch added an amendment require blocking access to the Des Moines Street area with
fencing and landscaping to be approved by the staff form based code committee.
Theobald seconded the motion.
Freerks noted that when they created the Riverfront Crossing area idea, there was a lot of talk
about rooftop open areas because of the large footprints of the buildings. I don't want to
overlook the need for usable open space.
Signs added he is concerned about a lack of greenspace and pedestrian walkways as well. He
feels other Riverfront Crossings projects the Commission has seen felt more pedestrian friendly
and this proposal does not. He noted the rendering of the building is very nice, and the Whistler
on Iowa Avenue is very nice, it just feels like a very large building with not much amenity to it.
Hektoen noted that the amendments really aren't conditions of a zoning item. Perhaps this item
should be deferred and the applicant can come back with new renderings after working with
Staff. Freerks said she felt there was a need for more usable roof top space. Miklo suggested
they state a dimension, for example a minimum depth of 15 feet. The could increase the current
roof terrace or but one on the upper roof.
Hensch added an amendment to increase the fourth floor outdoor patio to a minimum 900
square feet, or add the additional outdoor space on the rooftop. Theobald seconded the
Planning and Zoning Commission
December 21, 2017 —Formal Meeting
Page 5 of 9
amendment.
Theobald questioned the possibility of rail service in the future and would this development
cause an issue. Miklo stated that rail service is not likely in the near future, but there would be
40 feet of right-of-way of green space through the middle of the block. He noted that additional
open space and parking to serve any future passenger rail service may be possible on the land
owned by the University on the western part of this block.
Signs asked if there was any interest among the Commission to defer this item to have the
applicant come back with an updated proposal. Overall there was not.
A vote was taken on the motion as amended, it passed 5-1 (Signs dissenting).
REZONING ITEM (REZ17-00017):
Discussion of an application submitted by University Lake Partners ll, LLC, for a rezoning of
approximately 53.29 acres from High Density Single Family Residential (RS -12) zone to Planned
Development Overlay/High Density Single Family Residential (OPD/RS-12) for approximately
50.11 acres and Commercial Office (CO -1) zone for approximately 3.18 acres, located south of
1-80 west of Prairie Du Chien Road.
Miklo noted this property is located directly south of Interstate 80, west of Prairie Du Chien, and
the future extension of Foster Road will go along the southern part of this property. Miklo stated
the Comprehensive Plan for this area calls for Foster Road to be constructed to connect
Dubuque Street to Prairie Du Chien Road. When the City installed a water main a number of
years ago they graded the site for a street and acquired the right-of-way. Miklo noted the
Comprehensive Plan acknowledges the rugged topography of this area, it contains woodlands,
steep and critical slopes, and some protected slopes and wetlands. Therefore the Plan called for
clustering development away from those sensitive areas up towards Foster Road, additionally
clustering development would help to maintain a 300 foot buffer from the interstate and
residential uses. The Plan also called for the opportunity of development of office or institutional
use at Prairie Du Chien, again to not put residential right up against the interstate.
Miklo stated the Commission received a packet that showed the sensitive areas, almost all of the
property is woodlands with wetlands and steep slopes. The proposal shows a clustering of
development away from those areas leaving a large 23 acre portion as an outlot for open space.
Iowa City Parks & Recreation Commission will look at the space to see if they want to have any
of it dedicated to public open space or if it should be maintained by a homeowners association
as private open space. The proposed development has five development lots. Lot 1 would be
zoned Commercial Office (roughly 3 acres), Lot 2 would contain seven dwelling units in a
townhouse fashion that would have access to Foster Road, Lot 3 would contain a 53 -unit senior
housing cooperative, Lot 4 would contain a series of townhouses with thirty some units, and Lot
5 would contain a series of townhouses on the south side of Foster Road. Miklo stated that
overall when you look at the entire property it translates to a density of approximately 2.5 units
per acre. It is noted in the Comprehensive Plan that the current RS -12 Single Family High
Density zoning was perhaps too dense for this rugged area and suggested it be zoned for a
lower density. The proposal achieves the lesser density even through it would still be zoned RS -
12 the overall density would be comparable to what is typically seen in a RS -5 zone.
Parsons asked why it was zoned RS -12 because it feels odd for developers to want to down -
zone an area. Miklo noted it is not a down -zoning, it will retain the RS -12 zoning and where the
Kellie Fruehling
From: Bob Miklo
Sent: Monday, January 22, 2018 4:36 PM
To: Kellie Fruehling
Subject: FW: request to condense 2nd & 3rd readings
Kellie,
Please not this on the comment on the Feb. 6 Council agenda.
Thanks.
Robert Miklo, Senior Planner
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
319 356 5240
From: Gina Landau [mailto:G.landau@mmsconsultants.net]
Sent: Friday, January 19, 2018 11:38 AM
To: Bob Miklo <Bob-Miklo@iowa-city.org>
Cc: Glen Meisner <g.meisner@mmsconsultants.net>; 'Paul Anderson' <P.anderson@mmsconsultants.net>
Subject: request to condense 2nd & 3rd readings
Bob,
On behalf of our clients, Breckenridge Apartments LLC, we would like to request condensing the 2"d & 3rd readings for
rezoning. Please forward this request to the Council members and appropriate parties. Let me know if you need any
more information at this time. Thanks for your help!
-Gina
Siqn up for our newsletter— We promise short, meaningful updates just six times a year.
MMS Consultants, Inc
� ti 1�fs,.iky sre Dc+t/apnert5hce 1975
Gina Landau
Principal's Assistant
Office: (319) 351-8282
G.landauammsconsultants.net
www.mmsconsultants.net
This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged
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please contact the sender by reply email and destroy all copies of the original message.
Deferred to 2/20/18
Prepared by: Sarah Walz, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17-00016)
Ordinance No.
Ordinance rezoning approximately 3.6 acres of property from Neighborhood Public (P1) to
Planned Development Overlay Neighborhood Public (OPD/P7) zone located at 300 Teeters Court
(REZ17-00016)
Whereas, the applicant, Iowa City Community School District, has requested a rezoning of property
located at 300 Teeters Court from Neighborhood Public (P-1) zone to Planned Development
Overlay/Neighborhood Public (OPD/P1); and
Whereas, the proposed rezoning will allow further grading of a previously altered protected slope to
enable an expansion of Lincoln Elementary School; and
Whereas, the "neighborhood principles" included in the Comprehensive Plan, lists neighborhood schools,
and specifically elementary schools, as an integral part of healthy, sustainable neighborhoods that serve as a
focal point for community gathering and neighborhood identity; and
Whereas, the preservation and improvement of neighborhood schools is a goal of the City Council's
strategic plan; and
Whereas, the proposed addition to Lincoln Elementary School extends the life of one of Iowa City's
oldest neighborhood schools by preserving limited outdoor play space, providing ADA accessibility to all
portions of the building and property, and improving traffic circulation to the site; and
Whereas, the applicant has submitted information indicating that the subject protected slope had been
previously altered; and
Whereas, the applicant has presented information demonstrating that the proposed development activity
will not undermine the stability of the slope; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and associated
Sensitive Areas Development Plan, attached hereto and by reference made part of this document, and has
recommended approval; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Property described below is hereby reclassified from its current zoning designation of
Neighborhood Public (P1) to Planned Development Overlay Neighborhood Public (OPD/P1) zone
Chautauqua Heights Addition Bilk 6, Except lots 5-9 (Lincoln Elementary)
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of this ordinance by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the
County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20_
Mayor
Approved by:
W
Ordinance No.
Page 2
Attest:
City Clerk City Attorney's Office �z / f y 7
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
First Consideration 01/02/18
Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas,
Throgmorton. NAYS: None. ABSTAINED: Botchway. ABSENT: None.
Second Consideration 01/16/18
Voteforpassage: AYES: Mims, Salih, Taylor, Thomas,Throgmorton,
Cole. NAYS: None. ABSTAINED: Botchway. ABSENT: None.
Date published
02 6e -06-18
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Sarah Walz
Item: REZ17-00016 Date: December 7, 2017
Lincoln Elementary Addition
GENERAL INFORMATION:
Applicant:
Iowa City Community School District
1725 North Dodge Street
Iowa City, IA 52245
Contact:
Luke Newton
MMS Engineering
1917 S. Gilbert Street
Iowa City IA 52240
Requested Action:
Rezoning - Sensitive Areas Development
Plan approval
Purpose:
To reduce the buffer requirements; to allow
development within an area containing
"altered protected slopes" for an addition to
the elementary school
Location:
300 Teeters Court
Size: 3.6 acres
Existing Land Use and Zoning: Elementary school; P-1
Surrounding Land Use and Zoning: Surrounding properties are all zoned RS -5
and developed with single-family
residential; property to the northwest, is a
fraternal group living use (nonconforming).
Comprehensive Plan: The Comprehensive Plan identifies this
area as appropriate for a school or other
institutional use.
File Date: October 26, 2017
45 Day Limitation Period: December 10, 2017
BACKGROUND INFORMATION:
The Lincoln Elementary School property consists of approximately 3.6 acres with frontage on four
streets: Teeters Court, Rider Street, Lee Street and River Street (see exhibit 1). The existing
building sits at the north end of Teeters Court and atop a hillside with 30 feet of elevation change
between the back (east side) of the existing building and the lower parking lot accessed from
Rider Street. The steep hillside, which runs north to south through the northern half of the
property, is an unused portion of what is a relatively small school site (by ICCSD standards) and
presents a challenge to development.
The original school building, constructed in 1926, has been added onto five times over the
intervening decades (see exhibit 2). These additions extended the building further to the south
and east. Eight parking spaces are currently provided near the front entrance (an adjacent
parking area, located on the west side of Teeters Court serves another property—the
medical fraternity). An additional parking area with 28 spaces was constructed off Rider
Street in the late 1980s. This portion of the property is not readily accessible to the school
building—the rear entrance is accessed via a 55 -step staircase built into the slope.
As part of a district wide facilities plan, the Iowa City Community School District (ICCSD) proposes
a complete renovation of the existing school building and the construction of a major new addition
that will provide space for a new gym and cafeteria, modern kitchen, media center
extension, restrooms, a dedicated office and storage area for the before- and after-school
program, and an ADA accessible (at -grade) entrance from River Street (see exhibits 3-
7).The proposed plan also provides an expanded parking area.
The proposed addition and expanded parking area on River Street attempts to address
several shortcomings of the school site:
Limited ADA access:
The proposed site plan preserves limited level outdoor play space; approximately
1.0 acre on the southern portion of the site is preserved as playground.
Provides ADA accessible entrances from both Teeters Court and River Street
Constrained bus and vehicle circulation:
Buses currently drop off students on Rider Street and turn around in Black Springs
Circle. New entrance off River Street will allow buses access and turn around
adjacent to the school entrance.
The applicant has used the "Good Neighbor Policy", hosting a neighborhood meeting and
discussions with area residents on November 8 at Lincoln Elementary.
ANALYSIS:
The applicant is requesting a Planned Development rezoning for a Sensitive Areas
Development Plan in order to construct the school addition on a portion of the property
that contains regulated sensitive features. A Level II Sensitive Areas Review, a type of
planned development, is required due to proposed disturbance of steep, critical, and
previously altered protected slopes and a request to reduce a required wetland buffer.
General Planned Development Approval Criteria
Applications for Planned Development Re -zonings are reviewed for compliance with the
following standards according to Article 14-3A of the Iowa City Zoning Ordinance.
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
3
relative amount of open space, traffic circulation and general layout.
Land uses proposed and general layout—The proposed addition to the Lincoln
Elementary School is part of the Iowa City Community School District's 10 -year
Facilities Master Plan. It is designed to bring equitable learning spaces to all buildings in
the district, improving the structure and amenities of the District's older buildings while
preserving the historic qualities of those structures. The design of the proposed addition
provides required ADA accessibility, classroom space, and new art, music, and
gymnasium space. The location of the addition within the property also preserves ADA
accessible playground area to the south of the school building and opens up potential
for accessible use of the northern portion of the property along Rider Street for
additional outdoor uses.
The presence of the school is viewed as an essential anchor to the surrounding
neighborhood and the applicant has held numerous public meetings announcing plans to
expand the school building.
Mass and Scale — By its very nature a school building and the proposed addition with
be of a different scale and mass than surrounding single-family housing. However, the
proposed addition attempts to integrate the building within the surrounding landscape.
The new addition maintains the current roof height and is setback more than 140 feet
from its east property line (Lee Street frontage) and 37 feet from the rear of the lot of
the single-family property at 225 Lee Street, where the addition will replace a
"temporary" classroom
Open space—The proposed addition preserves roughly an acre open space for
playground use on the south side of the property along Teeters Court and Rider Street.
Playgrounds also serve as neighborhood park space when school is not in session.
Traffic circulation — Currently buses pick up and drop off along Rider Street, which has a
pavement width of 24 -feet, and turn around on Black Springs Circle. Parking and turn
around on Teeter Court (another 25 -foot street) are quite limited. The addition makes
possible an ADA accessible entrance from the east side of the school and provides an
expanded parking area off of River Street. In staff's view, this will improve traffic
circulation for pick up and drop off at the school, allowing buses more immediate
access to the school building and to load and unload within the parking area rather than
on street.
2. The development will not overburden existing streets and utilities.
City sewer and water are already available to this property. Capacity is adequate to
accommodate development of the addition. Onsite storm water management is
required for any expansion of impermeable surface. The applicant currently proposes to
underground storage beneath the parking area, however underground tanks may hot
be installed over sanitary sewer lines as currently shown.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional development.
9
While the proposed development will be a significant change to the site, staff believes
that the proposed development is not a significant departure with regard to views, light
and air, property values and privacy of surrounding single-family properties and
extends the life of a neighborhood school, which is viewed as a vital institutional
anchor for residents of the neighborhood.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in
harmony with the purposes of this Title, and with other building regulations of the City.
All planned developments must comply with all the applicable requirements and
standards of the underlying zoning district and the subdivision regulations, unless
specifically waived or modified through the planned development process. Variations to
the dimensional requirements of the underlying base zone and subdivision regulations
are allowed:
• to facilitate the provision of desired neighborhood amenities or open space;
• to preserve or protect natural, historic, or cultural features;
• to achieve compatibility with surrounding development; or
• to create a distinctive or innovative neighborhood environment for area residents.
The decision to renovate and expand Lincoln Elementary is the culmination of multi-
year planning process that encompassed significant public input and, most recently, a
district wide vote that approved a bond for a 10 -year facilities master plan. Staff
believes that maintaining Lincoln Elementary as a viable neighborhood school is a
public good that is widely supported within the Iowa City community and the school
district.
Level II Sensitive Areas Review
The applicant has applied for approval of a Sensitive Areas Development, a type of planned
development. The purpose of the Sensitive Areas Ordinance is to permit and define the
reasonable use of properties that contain sensitive environmental features and natural
resources, and allowing reasonable development while protecting these resources from
damage. The following paragraphs describe the impact this development will have on
the sensitive features of this site (see Sensitive Areas OPD plan).
Steep. Critical. and Protected Slopes:- The purpose of regulating development on and near
steep slopes is to:
1. Promote safety in the design and construction of developments;
2. Minimize flooding, landslides and mudslides;
3. Minimize soil instability, erosion and downstream siltation; and
4. Preserve the scenic character of hillside areas, particularly wooded hillsides.
The submitted sensitive areas site plan shows that the northernmost half of the school addition
and a portion of the expanded parking area extending into a sensitive slope and required buffer
area. The development activity will disturb a significant portion of the steep, critical, and protected
slopes: 28% of the steep slopes; 63% of the critical slopes; and 32% of the protected slopes. The
sensitive areas ordinance requires that disturbance of steep and critical slopes be minimized and
sets a maximum of 35% for critical slope disturbance with administrative staff approval.
Disturbance beyond this threshold is proposed, which has triggered the requirement of this Level
II Sensitive Areas Review with Planning and Zoning Commission review and City Council approval
required.
Development activity is not allowed on protected slopes or within the 50 -foot buffer required
around protected slopes, unless the slopes were previously humanly altered. In addition,
disturbance of altered protected slopes or a reduction of a protected slope buffer may only be
approved if a geologist or professional engineer demonstrates to the satisfaction of the City that
the proposed development activity can and will be designed to eliminate hazards and will not
undermine the stability of the slope or the buffer area.
The applicant has indicated that the slope located between the building and the parking area has
been humanly altered as various additions and building/site improvements were made over time
and is requesting permission to encroach into protected slope. The applicant has submitted
evidence to support this assessment.
A topographic survey performed for the applicant earlier this year indicates that the that the
hillside has a fairly consistent percentage of slope from top to bottom along its length. The
majority of the slope meets the classification of critical slope (between 25%-40%) with the top of
back and toe of the slope being less steep and below the threshold of "critical" slope. The slope
also has a very consistent shape at its toe, sloping from south to north. The attached illustrations
provided by the applicant show the changes in the slope and suggest that the construction of the
steps along the slope the parking lot cut into the hillside, creating a steeper slope in this area.
Moreover, a stormwater drainage pipe running from the exiting building northeast to the parking
area is buried underground within this slope. The School District has contracted with a
geotechnical engineer to perform and analyze soil borings on the hillside, however because the
changes to the slope involved grading rather than fill, it is likely the borings will be inconclusive
(see exhibit 8: Altered Slopes memo and supporting documents).
It is anticipated that the new school addition will be supported on shallow concrete spread
footings. The spread footings will extend to frost depth at 42 inches below grade. The proposed
addition will connect to the east side of the existing school building, with the main level floor
matching the existing building floor elevation. The addition's lower level will exit to grade of the
east side of the addition approximately 30 feet lower than the existing school building main
level.
Due to the depth of excavation needed to construct the addition, the addition incorporates an
earth retention system within the foundation wall system. The proposed system includes soldier
piles with tiebacks that anchor the foundation wall into the existing ground slope. Certification by
a licensed structural engineer will be required at the time of building permit application to ensure
the stability of the building.
Three mature oak trees and several evergreens located near the proposed addition will be
removed as part of the project. The applicant is proposing to replace these with 10 new native
trees—white, red, and bur oaks. New trees currently shown located within the parking area may
need to be relocated away from easement for sanitary and storm sewers. There is ample space
around the parking area perimeter to locate required parking area shade trees. Mature trees to
the east and southeast of the addition, along the abutting residential properties, will be preserved.
M
A tree protection plan should be submitted and approved at the time of the final OPD plan. The
submitted landscape plan shows that the applicant will meet the S2 (low shrub) screening
requirement along the north and east perimeter of the parking area.
_Storm water management: Stormwater management will be handled on site with underground
storage located beneath the parking area. City engineers have indicated that the underground
structure may not sit overtop public utilities—sanitary sewer.
SUMMARY:
Staff believes there is compelling evidence that the hillside to the east of the existing school
building has been humanly altered over time with various additions and improvements to the
school site. While the proposed plan does call for substantial disturbance (excavation and
grading) to a sensitive slope, the school building is being engineered within the hillside to prevent
hazards, such as erosion, and the site plan shows replacement of native trees that have long
been a part of the character of this unusual school site. The planned upgrades to the existing
school preserve limited outdoor play space, achieve ADA accessibility to all portions of the
building and property, and improve traffic circulation. In doing so, the plan extends the life of one
of Iowa City's oldest schools within a walkable neighborhood context and is therefore in the public
interest and fulfills one of the goals of Iowa City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-000016, a Sensitive Areas Development Plan subject to
the following conditions:
Substantial compliance with the development plan submitted.
Establish easements for the stormwater management area.
Establish any easements not currently existing for storm sewer and sanitary sewer.
Certification by a licensed structural engineer will be required at the time of building
permit application to ensure the stability of the building.
DEFICIENCIES AND DISCREPANCIES:
1. Final soil report from Terracon required.
2. Technical discrepancies and deficiencies as noted by the City Engineer and water department:
a. Provide stormwater calculations.
b. An easement is needed for stormwater management area.
c. The underground detention chambers/stormwater management area cannot be
over the City's sanitary sewer
d. Easements to be provided for the City's storm sewer and sanitary sewer that run
thru the property.
e. Underground detention chambers need to be outside the easement for the City's
storm sewer.
f. Trees may not be located in easements for underground detention chambers,
storm sewer, or sanitary sewer (Trees in parking lot islands).
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Development Plan
3. Supporting documents (exhibits) and statements from the applicant
Approved by: UC, t ^ I`�Istn
Tracy Hightshd@, AdMig Director
Department of Neighborhood and Development Services
REZ17-00016
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MEMORANDUM
To: City of Iowa City Staff
Date: Nov. 6, 2017
Subject: Lincoln Elementary Sensitive Areas — Altered Protected Slopes
1917 S. Gilbert Street
Iowa City, Iowa 52240
319351.8282
mmsoonsultants.net
mms@mmsconsultants.net
Lincoln Elementary School is located at 300 Teeters Court in the Chautauqua
Heights subdivision in Iowa City. The school site fronts four public streets, including Teeter
Court, Rider Street, Lee Street and River Street. The original building was erected in 1926,
but has received five additions since with additions in 1949, 1954, 1973, 1974, and 1988.
Along with the building additions, the site has received improvements with a parking lot
installation, and playground improvements. The school building sits at the north end of
Teeters Court and at the top of an east -facing hillside with 30 feet of elevation change down
to a valley floor and the staff parking lot which is accessed from River Street.
Lincoln Elementary School is scheduled to receive upgrades as part of the district
wide Facilities Masterplan and the design work is currently underway for those
improvements. The improvements include a complete renovation of the existing school
building and additions of a new Cafeteria, Media Center and Gymnasium with a new
entrance accessed via an improved River Street parking lot.
The hillside between the building at the top and the parking below is a largely unused
and portions of the hillside are seemingly untouched except for the north end of the hillside
adjacent to the parking lot and steps connecting it to the school building. This section of the
hillside was manipulated for the installation of those site improvements. A topographic
survey was performed in July of 2017 in preparation of the planned improvements. The
topographic survey revealed that the hillside has a fairly consistent percentage of slope from
top to bottom all along its length. The majority of the slope meets the classification of
'critical' slope having a percent of slope between 25% and 40% with the top of back and toe
of slope being less steep and below the threshold of 'critical' slope. The slope also has a
very consistent shape at the toe of slope arcing from south to north. The surveyed toe of
the slope is called out in the attached image and delineated in with a solid black line. The
assumed former or natural toe of slope is delineated with a green line and is best -fit along
the surveyed toe of slope. A comparison of these two lines reveals an area of impact at the
toe of the slope. The parking lot and steps were cut into the hillside when constructed and
have created a steeper slope in those areas.
The hillside adjacent to the corner of the parking lot is greater than 40% slope and
therefore classified as 'protected'. However, the topography shows that portion of the
hillside was cut at the toe and therefore the steepness of the slope is a product of grading
the slope to blend the cut grade to the natural grade. And, the slope of this portion of the
hillside at the toe is above 40% and not consistent with the rest of the hillside which is less
steep at the toe of the slope and its lower elevations just above the toe. Additionally, the
hillside has a number of large tree stumps and was once wooded, but no stumps are
present in the portion of the hillside that was cut. Finally, the slope was also impacted by a
storm line installation from the building to the storm pipes under the parking lot below. The
identified slope on this hillside is not a 'Protected slope', but rather an 'Altered Protected
Slope' as it is the result of manmade activities.
The proposed building addition impacts the delineated 'Altered protected slope' and
adjacent critical slopes. The School district has contracted for a geotechnical engineer to
perform and analyze soil borings on this hillside, but these may be inconclusive as the
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Additional information for Lincoln Elementary Variance Application
Existing condition of the hillside
The Lincoln Elementary school on the East side of Teeter Court is located adjacent to and atop an
East facing hillside of+30 feet of elevation. Upon review of historical aerial photos (Johnson County
PIV/GIS website) and inspection of the existing trees, the hillside does not appear to have been
regraded at any point, except for the portions of the hillside directly North and East of the Northern
end of the school building. The slope of the unaltered portions of the slope is a fairly consistent
±35%.
The construction of the building and site elements has impacted the site and the hillside since the
building was built in 1929. The building has received a number of additions over the years with each
enveloping more of the hilltop. The original building is the most evident impact on the terrain along
its North and East walls, with cut and fill operations manipulated the natural slope. Other additions
to the school have impacted the site and hillside, as there are roof drains transecting the hillside to
the storm sewer below the base of the hill.
The addition of the parking lot at the base of the hillside has altered the slope as the toe of the slope
was cut back to build out the SW corner of the parking lot. On-site inspections and the topographic
survey suggest the grading cut was "chased" up the hillside a significant distance. This grading work
increased the percent of slope on this portion of the hillside beyond what is apparent and typical
over the rest of the (unaltered) hillside. There is also a roof drain pipe that was trenched in this
same cut area that extends from the building to the storm sewer under the parking lot. Likewise the
installation of steps connecting the parking lot to the building cut the slope adjacent to them and
increased the percent slope over the preexisting slope.
Site (lower parking) is currently not compliant with ADA parking standards
The off-street parking lot for the school is accessed from River Street and is at the base of the
hillside. There is no accessible route from the parking lot to the building and there for no accessible
parking stalls. This lot does contain 27 spaces, and when coupled with the 30 on -street parking
stalls on Teeters Court, the overall school site is deficient of the minimum ADA compliant parking
stalls. A building expansion over the hillside to the elevation of the lower parking lot along with an
improved parking lot will provide for more accessible parking and access to the building.
- Existing school bus site access and student drop-off/ pickup procedures
The current Bus loading/unloading operation for Lincoln Elementary takes place on the city street.
The buses do not travel on Teeters Court as there is no cul-de-sac bulb or other means of turn-
around at the end of the street. The students must walk to the far south end of the site to reach the
buses parked on Rider Street. As there is no bus pull off on the street, the traffic is impacted by the
queued busses, as well as the parent drop-off/pick-up traffic. An improved lower parking lot would
provide for an off-street bus loop and safer situation for students and vehicular traffic as well.
- Describe the interim and final grading
It is expected that during construction, the grading work and trenching work necessary to install the
foundations for the building addition would be done with benched excavation and side slopes not
exceeding the maximum safe slope determined by the geotechnical engineer and/or 3.5:1. In
concert with the cut for foundations, portions of the site may require temporary sheet piles or other
shoring measures.
Upon completion of building walls and waterproofing measures, the disturbed area around the
building will be backfilled graded to a consistent 3.5:1 slope with steeper slopes only planned as
necessary to tie back into the existing undisturbed hillsides. A retaining wall is part of the proposed
construction on the south side of the building addition to correctly achieve the elevations needed
along the building. No retaining walls are currently planned for the hillside adjacent to the north of
the building addition.
Iowa City School District
Lincoln Elementary School Renovation & Addition
Design Development Structural Design Narrative
Project Scope:
The project consists of an addition and renovation to the existing Lincoln Elementary School
building located in Iowa City, Iowa. The new addition will be located to the east of existing
elementary school building. The addition will house a gymnasium, storage, restrooms and
mechanical areas at the lower levels with a new media center and cafeteria areas located on the
main level.
Foundations:
A geotechnical investigation has not yet been completed for the project. It is anticipated that the
new additional will be supported on shallow concrete spread footings. The spread footings will
extend to frost depth at 42 inches below grade.
The existing site grade has a significate slope across the project site. The additional will connect
to the existing building on the west side of the addition with the main level floor matching the
existing building floor elevation. The addition's lower level will exit to grade of the east side of the
addition approximately 30 feet lower than the existing school building main level. With the
proximately of the new addition to the existing building and the depth of excavation needed to
construct the addition it is recommended that an earth retention, shoring, system is provided.
It is proposed to incorporate the earth retention system with the gymnasium foundation wall
system. The proposed system includes soldier piles with tiebacks that anchor the foundation wall
into the existing ground slope. Wood lagging would span between the soldier piles and the
lagging would act as the temporary earth retention system. The concrete foundation wall would
be placed against the wood lagging and soldier piles. Headed studs will be welded to the soldier
piles to anchor the concrete foundation wall to the soldier piles. In the final building condition the
soil loads will be resisted by the concrete foundation walls, which will transfer the load to the
soldier piles, which will resist the soil load by using tieback anchors into the existing ground slope.
Alternate earth retention/foundation wall systems will be investigated.
Slab -on -Grade:
The slab -on -grade for the project is planned to be a reinforced concrete slab -on grade. These
slabs will be reinforced utilizing steel welded wire reinforcement. The floor slab shall bear on an
appropriate vapor retarder that is placed over the top of free draining crushed aggregate. This
crushed aggregate layer shall be a minimum of 6 inches below the floor slab on grade. Proper
control joints shall be cut into the slab -on -grade at an appropriate spacing to control shrinkage
cracks.
At the lower level it is possible, depending on the recommendations by the project geotechnical
investigation, that a subdrain system will be installed below the floor slab to control the possibility
of perched water occurring due to infiltration. This subdrain system would consist of a series of
drain tiles spaced across the floor slab and would be located in granular material trenches.
These pipes would be collected and routed to the storm sewer.
Elevated Floor Structure Framing:
The elevated floor structure framing over the gymnasium will consist of a topping slab over
precast concrete double tees. The elevated floor structure at the mechanical mezzanine and the
corridor area will consist of a topping slab over precast concrete hollow core slabs. The precast
concrete members will be topped with a 3" thick concrete topping. The topping will be reinforced
Iowa City Elementary School
Site Comparisons
2014-
2015-
2016-
Building
Foot
2015
2016
2017
Avg.
Site
Site Square
Building
Footprint
print%
Parking
Enroll
Enroll
Enroll
Enroll
Acreage
Footage
Sq. Ft.
Sq.Ft.
of Site
stalls
AOA
Mann
223
222
242
229
1.65
71,874
(9)
31,910
(9)
18.67% (9)
21
23
+2 (9)
lexander
378
431
431
14.7
641,203
(2)
67,714
4(7)13,422
(1)
8.15% (3)
95
102
7 (1)
Hoover
311
272
261
281
5.7
248,292
(7)
42,314
(5)
12.93% (7)
39
41
+2 (6)
Lemme
407
395
377
393
9.0
392,040
(4)
36,878
(4)
9.41%1(4)
68
72
+4 (3)
Lincoln
:237'
239
237
238
3.6
1567,816
(8)'
31,604
(8) 23,818
(7)
15.19% (8)
35
36
+1 (8)
Longfellow
329t338
335
334
8.1
352,836
(6)
35,356
(6) 13,941
(2)
59
61
+2 (5)
Lucas
405
441
429
8.3
361,548
(5)
46,250
(3) 46,250
4(8)3.95%
12.79% (6)
7477
+3 (2)
Shimek
210
215
212
20.4
888,624
(1)8213
(9) 28,213
3.17% (1)
67
69
+2 (4)
Twain
378
311
317
9.5
413,820
(3)
51,051
(2) 51,051
12.34% (5)
53
56
+3 (7)
Total
Total
Hard
Play
useable
Sq.Ft.
Sq.
Surface
Hard +
Green
Green+
Ft. /
Soft Fall
play
Soft
Space
Soft+
Stude
Play Sq.Ft.
Sq.Ft.
Sq.Ft.
Sq.Ft.
Hard
nt
5,920 (9) 15,930 (6) 21,850 (8) 4,728 (9) 26,578 (9) 116 (9)
Mann
17,405 (2) 29,481 (2) 46,886 (2) 198,170 (1) 245,056 (i) 569 (4)
Alexander
7,709 (7) 21,186 (4) 28,895 (5) 75,240 (7) 104,135 (7) 370 (7)
Hoover
12,383 (5) 23,244 (3) 35,627 (3) 154,589 (5) 190,216 (5) 484 (5)
Lem me
6,872 (8) 9,497 (8) 16;369 (9) 22,165 (8) 38,535 (8) 162 (8)
Lincoln -
13,809 (4) 14,020 (7) 27,829 (6) 165,762 (3) 193,591 (4) 580 (3)
Longfellow
10,616 (6) 20,623 (5) 31,239 (4) 172,368 (2) 203,607 (3) 474 (6)
Lucas
16,000 (3) 8,905 (9) 24,905 (7) 111,596 (6) 136,501 (6) 643 (2)
Shimek
18,109 (1) 34,229 (1) 52,338 (1) 164,005 (4) 216,343 (2) 682 (1)
Twain
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 7, 2017 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Ann Freerks
STAFF PRESENT: Sara Hektoen, Bob Miklo, Sara Walz
OTHERS PRESENT: Luke Newton, Sarah Huston, Duane Van Hemert
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommends approval of REZ17-000016, a Sensitive Areas
Development Plan subject to the following conditions:
Substantial compliance with the development plan submitted.
Establish easements forthe stormwater management area.
Establish any easements not currently existing for storm sewer and sanitary
sewer. Certification by a licensed structural engineer will be required at the time
of building permit application to ensure the stability of the building.
To ensure there is a diversity of trees used and reviewed by the City Forrester.
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00016):
Discussion of an application submitted by Iowa City Community School District for a Sensitive
Areas Development Plan (rezoning) to allow modification of a protected slope for the
construction of a proposed addition on the east side of the school building located at 300
Teeters Court.
Walz presented the Staff Report noting that this site is the Lincoln Elementary School property
and showed maps and photos of the area. The property is accessed along Rider Street,
Teeters Court and River Street. There is also some frontage along Otto and Lee Streets but the
property is not accessible from those streets. Along Rider Street and Teeters Court the property
has a higher elevation. Walz explained that the Lincoln Elementary School site is a small
school site by Iowa City standards—it is less than four acres. Most of pickup/drop off and bus
access is on Rider Street. When the School District was looking at using this site and improving
the neighborhood schools (which was part of what they were called upon to do with Iowa City
Planning and Zoning Commission
December 7, 2017 – Formal Meeting
Page 2 of 6
Community School District's facilities plan) one of the goals was to extend the life of
neighborhood schools. This goal is echoed in Iowa City's Comprehensive Plan and in the
City Council's Strategic Plan. Walz explained that this particular school site presents some
unique challenges with street access and topography. Currently the lower level of the
property (off River Street) is the teacher's parking lot, which is not an ADA accessible part
of the school site. To access the school from that parking lot requires one to climb 55 steps
to get to the rear entrance of the school. For this reason, the portion of the property on
River Street has been useable. One of the goals of the new addition is to make the entire
property, which is very small, more useful and accessible.
The original school building, constructed in 1926, has been added onto five times. The lower
parking area with 28 spaces was constructed off Rider Street in the late 1980s. The proposal is
a complete renovation of the existing school building and the construction of a major new
addition that will provide space for a new gym and cafeteria, modern kitchen, media center
extension, restrooms, a dedicated office and storage area for the before- and after-school
program, and an ADA accessible (at -grade) entrance from River Street. The proposed plan also
provides an expanded parking area and will improve the bus circulation.
Walz mentioned the sensitive areas on the site noting that many of the criteria that are required
under the OPD Plan (mass, scale and density of the building) do not really apply since this is
not a residential use—as a school it will obviously be of a different mass and scale than
surrounding residential development. Walz explained that the Sensitive Areas Ordinance is
applies in areas where there are steep and critical protected slopes. The development activity
will disturb a significant portion of the steep, critical, and protected slopes: 28% of the steep
slopes; 63% of the critical slopes; and 32% of the protected slopes. Walz stated the applicant has
demonstrated through engineer reports that the slope was altered over time with both various
additions to the school and when the parking lot was constructed. The applicants have also
conducted some soil studies, taken some samples, which are inconclusive but do show some fill
on portions of the site.
Walz stated that with this addition, a portion of the slope will actually be excavated, and the new
school building will be used as a retaining wall for the remaining slope. Additionally this
development will cause the removal of some mature oak trees, the applicant's intent is to
replace those trees with 10 new native trees -white, red, and bur oaks. They will also add
screening around the parking lot.
Walz explained that there are still some outstanding issues with the site that to be resolved.
The applicant needs to provide stormwater calculations and easements will be needed for the
stormwater management area. The applicant is showing underground storage for stormwater
but to the underground storage cannot be placed over the sanitary sewer line. The applicants is
working to resolve these issues.
Staff recommends approval of REZ17-000016, a Sensitive Areas Development Plan subject to
the following conditions:
Substantial compliance with the development plan submitted.
Establish easements forthe stormwater management area.
Establish any easements not currently existing for storm sewer and sanitary
sewer. Certification by a licensed structural engineer will be required at the time
of building permit application to ensure the stability of the building.
Theobald questioned the use of native trees versus oak trees and noted there are
Planning and Zoning Commission
December 7, 2017 — Formal Meeting
Page 3 of 6
problems with two of the oak tree species in the State of Iowa right now and asks that
the tree replacements be more diversified. Walz stated the City Forester could be
asked to make a recommendation if the Commission wished to make that a condition.
Theobald would like to add that condition.
Hensch asked if the geotechnical soils report did not definitively indicate that the slope
had been disturbed. Walz confirmed that is correct. The applicant was relying on other
evidence related to development activity, especially the construction of the parking area
along River Street.
Hensch asked if the rule was only 35% of critical and protected slopes could be
disrupted without going through rezoning. Walz said that is correct and this item is
before the Commission because the applicant is exceeding the 35%.
Dyer questioned if there have been other projects that have disturbed areas this much.
Miklo stated it is rare to have humanly altered slopes, he can think of one instance on
South Dubuque Street where they could show the street was created by landfill over
100 years ago.
Hensch asked when looking at the elevations if the stormwater underground storage
tanks will be able to handle the area or if there would be runoff that would go to the
neighbors. Walz said the runoff flows to the north but the applicant can explain how
they intend to manage the additional stormwater.
Hensch opened the public hearing.
Luke Newton (MMS Engineering) and Sarah Huston (Design Alliance Architecture)
represented the Iowa City Community School district on this project and showed the
Commission the presentation that they had also shared with the community at the
Good Neighbor Meeting.
Hensch asked if any comments were collected at the Good Neighbor Meeting. Walz
noted she attended the meeting and that all the comments were generally positive.
Newton provided a copy of the comments.
Huston stated that the architecture firm began by reviewing how the existing building
was constructed and added onto over the various renovations and noted how that
always poses interesting issues when dealing with different construction types. There
is a main building as well as two temporary classrooms, one to the south and one to
the east. Most of the main site area is level and the initial addition recommendation
was to expand into the southern level area with a new gymnasium, new commons,
accessible classrooms, and bathrooms. Another more interesting concept was to build
off to the east and that was the concept the school committee unanimously voted on
because they wanted to preserve the flat area which is the playground area. Huston
showed renderings of what the addition will look like, it will be nestled into the hill, the
lower level being the gymnasium and above that is the new media center. From the
view of Teeters Court the school will remain the same scale and the addition will be
viewable from the east but not overly obtrusive because it is nestled into the slope.
The main entrance to the school will still be off Teeters Court and will be at the center
of the building.
Planning and Zoning Commission
December 7, 2017 —Formal Meeting
Page 4 of 6
Huston also discussed the structural engineering of the addition and how it will be built
into the slope. They will use soldier piles, steel and concrete, to provide a retaining
wall that then becomes the back wall of the new structure. Additionally the new
gymnasium that is dug into the slope is set 20 feet off the existing structure so it will not
disturb any of the foundations or walls of the existing building. Huston noted that is
important because it is safer to preserve what is already there.
Newton next addressed the system areas showed a rendering of the area with the
different percentages of slope and the area that is the altered protected slope. He
showed the storm lines that run from the building to the storm sewers that are
underneath the parking lot.
Hensch asked if Newton could address how the underground storage of the stormwater
will handle the runoff. Newton stated that with the increased impervious areas it will
create more overland runoff and as required by City Code they will need to retain that
runoff and the underground basin works similar to an above ground stormwater basin.
Underground there is a system of large pipes all connected together to create the
storage and detain the water up to the 100 year flood event and release it slowly at the
normal runoff rate. It will be released into the existing stormwater sewer line that is
already under the parking lot and then into the ditch along River Street. Newton added
the goal of the detention system, and the way the requirements are set up, is to prevent
any additional water onto neighboring properties.
Theobald asked about the maintenance for the underground storage and Newton
explained that there is maintenance but the frequency of issues depends on the
amount of trash (leaves or litter) that is caught in the system and how often it needs to
be cleaned out. It can be cleaned out by a large vacuum.
Duane Van Hemert (Iowa City Community School District Facilities Director) stated that
this underground storage would have happened whether the addition was on the north
side or east side so they could protect the playground area and not use it as a water
detention area.
Hensch asked if all the soil that will be excavated will be retained onsite or removed.
Newton replied that the soil will not be able to be retained onsite and will have to leave
the site.
Hensch closed the public hearing.
Theobald moved to recommend approval of REZ17-000016, a Sensitive Areas
Development Plan subject to the following conditions:
Substantial compliance with the development plan submitted.
Establish easements forthe stormwater management area.
Establish any easements not currently existing for storm sewer and
sanitary sewer. Certification by a licensed structural engineer will be
required at the time of building permit application to ensure the stability of
the building.
To ensure there is a diversity of trees used and reviewed by the City
Forrester.
Parsons seconded the motion.
Planning and Zoning Commission
December 7, 2017 — Formal Meeting
Page 5 of 6
Parsons noted this has been a history lesson tonight learning there has already been
five additions on Lincoln Elementary and commented that the proposal is a unique
design and having this school means a lot to the Manville Heights area and is happy to
see the School District investing in this school.
Signs noted that he is familiar with the site and always thought it was a disturbed slope
due to all the activity around the area.
Martin noted that this area is special and to be able to add onto the school and
maintain the flat surface areas for children to play is essential.
Dyer agreed this is a good project and happy to see Lincoln Elementary preserved
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: NOVEMBER 2 2017
Parsons moved to approve the meeting minutes of November 2, 2017 with edits.
Martin seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION.•
Martin noted she would not be present at the December 21 or January 4 meetings.
Theobald asked if the Commission can have a discussion about street lights at some point,
there have been several complaints and in the news recently it has been stated that the LED
lights are actually not obtaining the savings of energy that was projected and do cause a lot of
light pollution. Hektoen stated that if Commission members wished they could send some
correspondence to Council regarding the issue however it is not really in the prevue of Planning
& Zoning agenda items.
Miklo acknowledged a flyer in the Commissioner's packets where there are encouraged to
attend a training session.
ADJOURNMENT:
Parsons moved to adjoum.
Martin seconded.
A vote was taken and motion carried 6-0.
Sarah Walz
From: Kathleen Jespersen <kathleenjespersen@gmail.com>
Sent: Thursday, December 07, 2017 11:29 AM
To: Sarah Walz
Subject: Lincoln Elementary
Sarah:
I am writing in response to the letter we received from the City of Iowa City regarding the proposed
changes at Lincoln Elementary.
Jim and I live directly across the street from the school on River Street. We would like let the city
know that we appreciate the notice, and are in total support of the project to remodel the school.
Thank you for the opportunity to comment. We look forward to seeing the project move forward.
Thank you.
Kathleen Jespersen
910 River St.
Sarah Walz
From:
Andrew Chappell <andrew.b.chappell@gmail.com>
Sent:
Wednesday, December 06, 2017 9:26 PM
To:
Sarah Walz
Subject:
REZ17-00016
Ms. Walz,
We are writing regarding the proposed Lincoln Elementary rezoning. We apologize that neither of us could come to
speak to the Commission in person, but our son (a Lincoln Fifth Grader) has his first elementary band concert at City
High tomorrow night. We own and occupy the residence at 911 Rider Street, which is essentially across the street from
the southeast corner of the school district's property. We are very supportive of the proposed rezoning, and anything
the City can do to facilitate the completion of the Lincoln Elementary renovation and addition. It is hard to overstate
just how much Lincoln Elementary means to our neighborhood. Suffice it to say, however, that we believe that anything
that helps Lincoln remain viable as a school building, which the proposed addition certainly does, will help keep our
neighborhood stable and be a benefit to the City of Iowa City as a whole. We also note, as long-time residents of the
neighborhood, that we really do not see the loss of the "protected slope" in question, as much of a loss. That portion of
the hill is not something we have seen utilized by students in any manner.
Andy Chappell
Meredith Rich -Chappell
911 Rider Street
Iowa City, Iowa 52246
W
Prepared by. Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015
ORDINANCE NO.
Ordinance amending Title 2 entitled "Human Rights," Chapter 1,
entitled "Definitions," to remove reference to "masculine" and
"feminine" from the definition of gender identity and make it inclusive
of non -binary expression.
Whereas, the Human Rights Ordinance (Title 2 City Code) presently defines gender identity
as "[a] person's various individual attributes, actual or perceived, in behavior, practice or appearance,
as they are understood to be masculine and/or feminine;"
Whereas, gender identity is currently understood to encompass a wide range of gender
expressions not limited to merely "male/masculine" or "female/feminine;"
Whereas, the Human Rights Ordinance is intended to promote equality and respect for
individuality;
Whereas, the Human Rights Department believes the change should be made so the
definition of "gender identity" is inclusive of all forms of gender expression; and
Whereas, it is in the best interest of the City to adopt this amendment;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1,
entitled "Definitions" is hereby amended by removing the present definition of "gender identity" in
its entirety and replacing the same with the following:
GENDER IDENTITY: A person's gender -related identity, appearance, or expression,
whether or not traditionally associated with the person's biological sex or sex at birth,
incorporating the person's attitudes, preferences, beliefs, and practices pertaining
thereto, including being physically and/or behaviorally androgynous.
Section il. Repealer. All Ordinances and parts of Ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2018.
MAYOR
ATTEST:
Approved by:
CITY CLERK City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
First Consideration
Vote for passage:
Botchway, Cole
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
02/06/2018
that the
AYES: Mims, Salih, Taylor, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
X 1 CITY OF IOWA CIT
02-06-18
COUNCIL ACTION REPO 9
February 6, 2018
Ordinance amending Title 2 entitled "Human Rights," Chapter 1,
entitled "Definitions" to remove reference to "masculine" and
"feminine" from the definition of gender identity, and make it
inclusive of non -binary expression.
Prepared By: Kristin Watson, Human Rights Investigator
Reviewed By: Simon Andrew, Assistant to the City Manager
Sue Dulek, Assistant City Attorney
Stefanie Bowers, Human Rights Coordinator & Equity Director
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: None
Attachments: Ordinance
Executive Summary:
The current Human Rights ordinance presently refers to "masculine" and "feminine" in its
definition of gender identity. Since it is now recognized that there are many forms of gender
expression, not limited to the traditional "male/masculine" or "female/feminine" dyad, the
definition should be updated and expanded to reflect the current understanding of a wide range
of possibility in gender expression, including androgyny.