HomeMy WebLinkAbout2018-04-17 Bd Comm minutes04-17lk$
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IOWA CITY PARKS & RECREATION COMMISSION
MINUTES APPROVED
FEBRUARY 14, 2018
RECREATION CENTER — MEETING ROOM B
Members Present: Suzanne Bender, Steve Bird, Cara Hamann, Lucie Laurian, Angie Smith, Jamie
Venzon, Joe Younker
Members Absent: Wayne Fett, Ben Russell
Staff Present: Chad Dyson, Zac Hall, Juli Seydell Johnson
Others Present: Fred Meyer
CALL TO ORDER
Chairman Younker called the meeting to order at 5 p.m.
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action):
None
OTHER FORMAL ACTION:
Moved by Hamann, seconded by Bentler, to approve the January 10, 2018 minutes as written.
Passed 7-0 (Felt & Russell absent).
PUBLIC DISCUSSION
None
BACKYARD ABUNDANCE PRESENTATION — FRED MEYER
At the request of Commission, Backyard Abundance staff was invited to give a presentation of their concept
design plans that include enhancements and expansion of existing gardens at Chadek Green Park and the
addition of gardens at Creekside and Walden Green Parks.
Fred Meyer, Co -Director of Backyard Abundance, presented. He explained that Backyard Abundance is a
nonprofit organization in Iowa City that was founded in 2006. The organization focuses on environmental
education and offers instruction in rain garden design, creating food forests, as well as business and
individual yard design. They have created outdoor study areas at local schools and have participated in
nature playscape design. They have helped thousands of people create environmentally -beneficial
landscapes that provide healthy food and habitat. Backyard Abundance designed both the Discovery Garden
and Edible Garden at the Recreation Center.
To prepare for the design process of the three parks, Backyard Abundance staff will lead meetings with
community gardeners to identify the mission of each garden space and the role it will play within that
neighborhood. Their goal is to provide low maintenance garden spaces for both the participants and Parks
staff. These gardens designs may include access to water, mulch, tools, seating and shade. He noted that
the planning phase will go from now through April and will include visioning meetings with the
PARKS AND RECREATION COMMISSION
February 14, 2018
Page 2 of 5
community; classes will be offered in April and May, with gardens established in May and June and harvest
in September.
Meyer introduced the idea of including some raised beds in the garden spaces. Laurian asked if these are
something that has been requested by community members. Meyer said they will ask for input regarding
raised beds, as well as other design proposals, at the upcoming community meetings.
Seydell Johnson said that the council has approved funding for this project beginning with FYI which will
begin on July 1. She also explained that these projects can, and likely will be done in phases. Younker asked
if the designs will be presented to the Commission or to the Council. Laurin mentioned her concern of
people taking from these gardens not understanding that they are being leased by individuals. Staff are
currently working on signage that will explain each gardens purpose along with contact information and
the website.
Laurian suggested that perhaps some of the flood buyout properties on Normandy Drive be used for future
community garden use. Seydell Johnson explained that this has been discussed in the past, however,
neighbors were not in support of such a design.
DOG PARK LIGHTS — CHAD DYSON
Dyson reminded the commission that a couple of months ago a member from the public came to a
commission meeting to discuss the possibility of adding lights to the Thomberry Off -Leash Dog Park.
Dyson, along with AmeriCorps volunteers, have been researching options for such lighting. He noted that
there are funds earmarked for the dog parks within the Parks and Recreation Foundation that would cover
the cost of four lights. They can all be placed at Thornberry Dog Park, or can be split so that two of them
can be placed at Rita's Ranch Dog Park as well. Bentler asked about attendance numbers at Rita's. Seydell
Johnson said that while it is certainly less populated than Thomberry, that is has a very loyal group of
people in the neighborhood who use it regularly. Hall explained that this lighting will be to illuminate the
entrances of the park only.
Moved by Bentler, seconded by Hamann, to install solar lishtins to the entrances of Thornberry and
Rita's Ranch Off -Leash Dos Parks. Passed 7-0 (Fett and Russel absent).
REPORT ON ITEMS FROM CITY STAFF
Recreation Division Superintendent Report — Chad Dyson
Recreation Programs:
o Freeze Fest: Dyson reported that the Freeze Fest event at Terry Trueblood Recreation
Area was a big success with over 400 attending. Activities included outdoor education,
crafts, outdoor recreation as well as an ice fishing demonstration.
o Teen Dynamics: RaQuishia Harrington, Recreation Program Supervisor, will be working
to expand the existing Teen Dynamics program. This is an open program for junior high
and high school age kids.
o Free Wheels Program: The department will continue its collaboration with the Police
Department and Neighborhood Center for this program. This is a program where bicycles
that have been impounded and unclaimed are cleaned up, repaired, and eventually given
to about 15 kids within the community. The kids must participate in a bicycle safety
course to be eligible for a free bicycle.
o Sweat Crawl: Dyson announced that the department is partnering with Big Grove
Brewery in the first "Sweat Crawl." Participants in the event attend four different
PARKS AND RECREATION COMMISSION
February 14, 2018
Page 3 of 5
workouts including dance, taekwondo, boxing and yoga with a celebration at Big Grove
to end the event.
Parks Division Superintendent Report - Zac Hall
Smoke Free Initiative: Staff is working with Susan Vileta, Health Educator with Johnson County
Public Health, to place signage throughout the parks.
Environmental Accreditation: Hall announced that staff and the AmeriCorps volunteers have
applied to obtain this accreditation for the soccer park. This accreditation is offered through the
Sports Turf Management Corporation. There are seven criteria required to obtain this status, one
of which is energy efficiency. AmeriCorps volunteers completed an energy audit of the
restrooms and concessions at the park. Based on their findings, upgrades that include solar
lighting and programmable thermostats, have been installed. Laurin asked if this will be
considered for other facilities as well. Hall noted that they looked at doing so at Napoleon Park,
however, they were met with many challenges. He further noted that while focus is on just the
soccer park at this time, they will look at other facilities in the future.
Staffin : The hiring of seasonal staff has begun. Hall said that they were able to get an earlier
start on this process which will help them with planning for spring/summer projects.
Parks & Recreation Directors Report — Juli Seydell Johnson
Project Update
o HVAC/Boiler Systems: Seydell Johnson noted that this project went to bid recently,
however, the bids came in quite high. She believes that the department will be able to
move forward with the system at Mercer but will likely have to wait for other facilities.
o Happy Hollow Park: The estimated cost of this project is $180,0004200,000. The
lowest bid came in at $263,000. City Council deferred making a decision and asked that
staff go back to the neighborhood and discuss possible alternatives to the original plan.
Some funding may be available from the department's annual improvements budget. The
Council will decide next Tuesday whether to move forward. It is the second time this
project has gone to bid.
o Cardigan Park: The bid for this project also came in high at $163,000. The estimated cost
was $145,000-$155,000. Staff is still hopeful for a June 30 completion date.
o Riverfront Crossings: Phase 3 of Riverfront Crossings will go out to bid at the end of
February. This phase includes installation of two shelters and construction of a nature
play area.
o Hickory Hill: This project may be delayed until fall. There are some changes necessary
to the design that was presented to staff. There will be tree removal required for this
project, which will include trail work, bridge repairs and replacement, and signage. The
trees can only be removed before April 1 or after October 1 due to the bat species that
inhabits this park.
o Villa Park: There will be a neighborhood meeting soon. The playground is to be replaced
in this park. This project will be funded by CDBG allocations.
o Creekside Design: Staff is moving forward with getting construction design for this park.
o Recreation Center: With the completion of the most recent construction at the Recreation
Center, staff will look forward to the next phase scheduled for FY20-21. Staff has
approval to go ahead with the design process that will include reconfiguration of the
racquetball and game room areas as well as replacement of two restrooms at the pool
deck with family restroom/shower/changing area. Any additional funding will be used to
PARKS AND RECREATION COMMISSION
February 14, 2018
Page 4 of 5
redo the locker rooms, restrooms, or to change the kitchen and social hall areas on the
upper level of the building.
Bentler referred to the Happy Hollow neighborhood meeting wondering if the group
came up with a plan to lessen the cost of the project. Seydell Johnson reported that they
were offered to forgo the restroom in exchange for the sport court. The overall majority
said they would prefer a restroom.
Laurian referred to future Recreation Center remodeling. She likes the idea of moving the
kitchen closer to the Social Hall, however, is not sure of having a combined restroom
facility. Seydell Johnson said that they will have to look at this closer when considering
accessibility concerns.
Bentler asked if staff could share which parks will be opened to RAGBRAI riders for
their overnight stay in Iowa City. Seydell Johnson said they are currently looking at
lower City Park, however, no fmal decisions have been made. She said the focus is to
have a space that has access to the river and is within walking distance of downtown.
Smith wondered if Kinnick Stadium had been considered. Seydell Johnson said there has
been some discussion, however, there is concern about the need for blocking off streets
near the hospital. Younker asked if there was an estimated timeline for some of these
decisions. Seydell Johnson said it will likely be another month before announcing
anything official.
• IPRA Conference: The Iowa City Parks & Recreation Department is co -hosting the annual Iowa
Park and Recreation Association Spring Conference at the end of March. Seydell Johnson shared
the conference brochure with members and asked them to let her know if they are interested in
attending any of the sessions offered.
CHAIRS REPORT
No report.
COMMISSION TIME/SUGGESTIONS FOR FUTURE AGENDA ITEMS:
Smith recalled that there was mention of University of Iowa students working on some projects at Terry
Trueblood Recreation Area and asked about the status of such a plan. Seydell Johnson explained that this
is the University of Iowa Theme Semester project. The students will be scheduled to present at a future
meeting.
Smith recommended that members consider reading a book titled "The Nature Fix." She explained that
the author writes about the importance of parks and the effects that nature has on physical, as well as
mental health. She said the author conducted a lot of research and that it is a very thought-provoking
book.
Laurian asked if there have been any design proposals for the Normandy Drive area created. Seydell
Johnson said that the department has not yet been directed by Council to do so.
ADJOURNMENT:
Moved by Bentler. seconded by Hamann. to adiourn the meeting at 5:55 a.m. Motion Dassed 7-0
ett & Russell absent
PARKS AND RECREATION COMMISSION
February 14, 2018
Page 5 of 5
PARKS AND RECREATION COMMISSION
ATTENDANCE RECORD
KEY: X = Present O = Absent O/E = Absent/Excused
NAME
00o
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N
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[f
CAON
N
M
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N
GD
M
N
�
N
TERM'"
e
v
r
o`o
N
EXPIRES
o
Suzanne
1/1/17
X
X
X
LQ
X
X
X
X
X
X
O/E
X
Bentler
Steve Bird
1/1/22
*
*
*
*
*
*
*
*
*
*
X
X
Larry Brown
1/1/18
O/E
X
X
LQ
X
O/E
X
X
X
X
Clay
1/1/18
X
X
X
LQ
X
X
X
X
X
X
Claussen
Wayne Fett
1/1/19
X
X
X
LQ
X
X
X
X
O/E
X
X
O/E
Cara
1/1/20
X
X
X
LQ
X
X
X
X
O/E
X
X
X
Hamann
Lucie
1/1/10
X
X
X
LQ
*
O/E
X
O/E
O/E
X
X
X
Laurian
Ben Russell
1/1/22
*
*
*
*
*
*
*
*
*
*
X
O/E
Angie Smith
1/1/18
O/E
X
X
LQ
X
X
X
O/E
X
X
X
X
Jamie
1/1/20
X
X
X
LQ
X
X
X
X
O/E
X
O/E
X
Venzon
Joe Younker
1/1/20
O/E
X
X
LQ
X
X
X
X
X
O/E
X
X
NM = No meeting LQ = No meeting due to lack of quorum
* = Not a member at this time
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CITY OF IOWA CITY o4 7
MEMORANDUM_
Date: April 11, 2018
To: Mayor and City Council
From: Bob Miklo, Planning & Zoning Commission
Re: Recommendations from Planning & Zoning Commission
At their March 15, 2018 meeting the Planning & Zoning Commission approved the February 15
minutes with the following recommendations to the City Council:
1. By a vote of 5-0 the Commission recommends approval of REZ1 8-0006/SUB1 8-0001,
an application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat
and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot,
20.24 -acre residential subdivision located in the OPD-5/OPD-8 zone located South of
Lower West Branch Road and North of Anna Street.
2. By a vote of 5-0 the Commission recommends approval of the amendments to Title 14,
Zoning Code, and Chapter 17-5, Housing Code.
3. By a vote of 5-0 the Commission recommends to forward a written recommendation to
the City Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa
City Comprehensive Plan, and conforms with the general plan for the development of
the City of Iowa City.
action (check one)
No further action needed
Board or Commission is requesting Council direction
_X_ Agenda item will be prepared by staff for Council action - Done
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
FEBUARY 15, 2018 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Mark
Signs
MEMBERS ABSENT: Max Parsons, Jodie Theobald
STAFF PRESENT: Wendy Ford, Sara Hektoen, Karen Howard, Stan Laverman, Bob
Miklo
OTHERS PRESENT: John Yapp, Kevin Digmann, Nick Psihayos
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 the Commission recommends approval of REZ18-0006/SUB18-0001, an
application submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and
Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West Branch
Road and North of Anna Street.
By a vote of 5-0 the Commission recommends approval of the amendments to Title 14, Zoning
Code, and Chapter 17-5, Housing Code.
By a vote of 5-0 the Commission recommends to forward a written recommendation to the City
Council stating that the Foster Road Urban Renewal Plan conforms to the Iowa City
Comprehensive Plan, and conforms with the general plan for the development of the City of
Iowa City.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
DEVELOPMENT ITEM/REZONING ITEM (REZ18-00006/SUB18-00001):
Discussion of an application submitted by Allen Homes, Inc. for a rezoning, Preliminary Plat and
Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision with 36 single family lots and 41 townhouse style multifamily dwellings
located in the OPD- 5/OPD-8 zone located South of Lower West Branch Road and North of
Anna Street.
Miklo showed an aerial of the area. This area was annexed into the City in 2001 and zoned RS -
5 (Low Density Single Family Residential) and RS -8 (Medium Density Single Family
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 2 of 21
Residential). In 2002 in was rezoned and a preliminary plat was approved for the Lindemann
Subdivision, the rezoning was to Planned Development Overlay (OPD) to address the sensitive
areas on the property which included wetlands and a stream corridor. At that time this portion of
the property was platted as an outlot for future development and although it has the Planned
Development Overlay designation there wasn't a specific plan approved or plat approved for this
portion of the property.
Miklo said that the current application is to amend the zoning to approve a specific Planned
Development Overlay Plan and also to approve the preliminary plat for the property. Miklo
stated that the western part of the property zoned RS -5 would contain single family lots, the
center of the property that contains the stream corridor and associated wetlands, is partially
zoned OPD -5 and partially zoned OPD -8 and would be dedicated to the City for park land and
wetland preservation. The eastern portion zoned RS -8 and has the OPD over it will contain
several single family lots plus townhouses that would be clustered in the northeast area. That
will be due to transferring some of the areas from the sensitive areas over to this area. Miklo
noted that the staff report reviews all the conditions and criteria to be reviewed for Planned
Development Overlay and staff finds that this application meets those conditions and criteria.
Miklo reiterated that the sensitive areas are being set aside into an outlot, there is a buffer
reduction requested along the west side where normally a 100 foot buffer would be required, but
they are asking in places for the buffer to be reduced down to 25 feet but would be 100 feet in
other areas. Miklo explained that in this area the wetland was previously disturbed for the
extension of a sewer line through the area and this portion does meet the test for wetland buffer
reduction.
Stormwater management is provided through a regional management system in Scott Park,
however they will be installing storm sewer and directing the storm sewer towards the creek or
existing storm sewer systems in the adjacent streets.
Miklo stated there are infrastructure fees associated with this application including a watermain
extension fee, a sanitary sewer tap -on fee, and fees towards the improvements to Lower West
Branch Road.
Staff did receive a revised plat for this application this week and all the technical questions
identified by the City Engineers have been satisfied. Staff recommends approval of REZ1 8-
0006/SUB1 8-0001, an application submitted by Allen Homes, Inc. for a rezoning and
Preliminary Plat and Sensitive Areas Development Plan for Lindeman Subdivision Part Eight, a
39 -lot, 20.24 -acre residential subdivision located in the OPD-5/0PD-8 zone located South of
Lower West Branch Road and North of Anna Street.
Freerks asked about the 3.5 acres of private common open space. Miklo noted that is a
mistake, the 3.5 acres is the entire lot and the private open space is just the center which is
roughly half an acre.
Freerks questioned if there were any steep or critical slopes in this area. Miklo replied that there
are no regulated slopes that require review.
Hensch asked about the buffer in the wetlands area. Miklo stated that the ordinance requires a
100 foot buffer from any jurisdictional wetland, but if the wetland is not associated with
endangered species, unique wetland plants, doesn't contain water for long periods throughout
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 3 of 21
the year, and is not associated with the stream corridor then the applicant can seek a buffer
reduction. Miklo noted that the eastern part of this wetland is associated with the stream
corridor and will contain the full buffer but the western portion where they are seeking the
reduction is outside the stream corridor. Therefore the City is allowed to reduce the buffer down
to 25 feet, however the Commission can choose to require the full buffer. Staff felt it was a
reasonable request given the wetland has already been modified for the sanitary sewer
installation. Hensch asked if the Commission doesn't approve the reduction, how the plan
would be altered. Miklo said if the reduction was not granted the cul-de-sac would have to be
pulled back further west so there would be fewer lots.
Dyer pointed out there are two cul-de-sacs in this plan and it seems like an awfully long drive to
get to the one on the west. Miklo said they had looked at that and the other option was to go
through the wetland to connect the cul-de-sac or continue north to Lower West Branch Road
and Staff felt it is more important in this situation to protect the wetlands than to connect the
streets. He added it is less than 900 feet which is the City maximum for cul-de-sac length. If
there weren't already other lots established in the area there may have been other options.
Freerks asked how the wetlands buffer preservation will happen when on private lots. Miklo said
those will be placed into a conservation easement.
Freerks opened the public discussion.
John Yapp (Allen Homes, Inc.) stated the plan includes single-family and townhouse properties,
and the single family lots will be slightly smaller than lots to the south as they are a bit narrower
but is balanced by the large amount of open space in the development. There will be a little
over five acres donated to the City and little over half an acre in the courtyard of the townhouse
lot. The overall density is a little over four units per acre.
Yapp noted they held a neighborhood meeting a couple weeks ago, some of the concerns of the
neighbors were what the townhouses would look like. Another concern was the lot sizes on the
Lindemann cul-de-sac so they adjusted their plans and made two of the lots slightly bigger (lots
7 & 8). Yapp stated they are including the trail that will extend to Lower West Branch Road and
complete the trail system from Lower West Branch Road to Court Street.
As Miklo noted they are requesting a reduction in the wetland buffer along the west side of the
wetlands which is in an area previously disturbed by the sewer line and in an area where the
trail will be. He added that it is not disturbing the wetland, just reducing the buffer. Yapp noted
that this area was previously farm wetland and does not contain the types of plants or wildlife
that would disallow reducing the buffer.
Yapp stated they do have interconnected streets except for as noted the two cul-de-sacs and
that was to avoid crossing the creek and disturbing the wetland. Anna Drive, the street just to
the south, does provide a bridge over the creek.
Yapp stated that MMS Consultants did produce a water pressure study to show the water
pressure is adequate for this development (which was another concern raised at the
neighborhood meeting). Another concern from the neighbors was the lack of Century Link
service on the north end of Lindemann Drive specifically. Yapp and Jesse Allen met with a
representative from Century Link yesterday to discuss this project and the existing areas to the
south and will work with them to bring fiber to the neighborhood. Century Link is very reluctant
to install copper or phone line because the number of customers that use that is dropping off,
but they are willing to invest in fiber.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 4 of 21
Yapp next showed images of the townhouse styles they are proposing. They feel they will have
variation in the townhomes both vertically and horizontally with the roof lines, stoops, how far
back the front doors are, sizes of the townhouses, and changes in colors. He showed an
example of the courtyard in the middle of the property. There is also variety in the backs of the
units, some have decks over the garages with patio doors that go into the units, some will be
smaller and instead of a deck there is a three -season room next to the garage.
Dyer asked in the courtyard if there would be any amenities. Yapp replied they will include a
gazebo and seating and grilling areas and have submitted a concept plan with those amenities.
Hensch asked about the wetland buffer and if the wetland area buffer could be larger if those
adjoining lots were decreased a bit. Yapp replied it is a balancing act in trying to meet City
Code, goals of the Comprehensive Plan and also trying to meet approval of neighbors. In this
case a couple of the lots were smaller and several neighbors requested the lot size be
increased to be more consistent with others on the street.
Signs asked if Scott Park water retention area flooded over Scott Boulevard in the past. Miklo
stated he doesn't believe Scott Boulevard ever flooded over, it has been full with water but has
not gone over the street. Martin confirmed that she lived in the area in 2008 and it did not go
over the street.
Hensch asked if there has been water issues with the neighborhood to the south. Miklo is not
aware of any issues.
Freerks closed the public hearing.
Signs moves to recommend approval of REZ18-0006/SUB18-0001, an application
submitted by Allen Homes, Inc, for a rezoning and Preliminary Plat and Sensitive
Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West
Branch Road and North of Anna Street.
Martin seconded the motion.
Hensch noted that it probably doesn't make a difference on this application but shared an
overall concern of reducing wetlands buffers as it was also part of another recent application
and the idea of the buffer is to slow down water and keep areas intact. He shared concerns
about water quality, erosion and wet neighborhoods. Freerks agreed but was happy to see the
exchange of land to the City in this proposal and that will help to protect the wetlands. Dyer
added her concern about building on the narrowed buffer.
A vote was taken and the motion passed 5-0.
REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings - Central Crossings
(RFC -CX) zone for property located at 225 & 225'/2 E. Prentiss Street.
Miklo began the staff report noting the location of the property as south of Prentiss Street and
east of Ralston Creek, it is currently zoned Intensive Commercial which does not allow any
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 5 of 21
residential uses in that zone, so rezoning this property will increase the development potential
and value of this property considerably.
The area is within the Riverfront Crossings District and within the Central Crossings Subdistrict
and that would apply if this is rezoned. The area to the north is the South Downtown Subdistrict
of the Riverfront Crossings area which allows for larger buildings and higher density. The idea
is density and scale of buildings will step down as we move to the south including this property.
Miklo explained that the Form-Based Code has a series of standards to require that the
buildings have a smaller scale and with step backs on the upper floors of the buildings, again to
create more of a human scale as compared to the South Downtown District.
Miklo said this particular property as noted is adjacent to Ralston Creek, which is identified in
the Form-Based Code as a pedestrian street, or open space, both on the Plan and in the Code.
Miklo stated that when they first received the Plan there was no indication where the floodway is
and the floodway is the point at which the 30 foot setback is required and a pedestrian street will
be within that area. Miklo said that he did receive a call from the applicant this morning
indicating that the blue line on the proposal represents the floodway. The City does need
verification of that and needs a drawing with elevation points on it so the City Engineers can
verify the floodway.
Miklo pointed out that the concept plan that is submitted with this application is just a concept
plan and the Commission is not approving this particular plan and it is subject to change and if
that blue line is the floodway then the concept plan would need to change because there is a 30
foot setback required from that floodway for the pedestrian street and the creek buffer.
Staff is recommending approval of this realizing that there may be some changes in this Plan to
adhere to the Form-Based Code requirements and the requirement for the pedestrian street and
the setback. Staff is recommending approval be conditioned on improvement of the pedestrian
street to the center line of the right-of-way, which may entail some work on the creek bank itself,
the City Engineers would plan to meet with the applicant to determine the extent of those
improvements.
Freerks asked about the 30 feet noting that the property line doesn't encompass the creek or all
of the sidewalk, that 30 feet buffer isn't necessarily from the property line its 30 feet from the
floodway. Miklo confirmed that was correct. Freerks said that there are potentially lots of things
that may change with this application and the concept is not very clear. There are a lot of
unanswered questions at this point. They need to know where the flood plain lies so they can
know how the building will lay out.
Freerks is concerned because the concept drawing doesn't have a set back on the fourth floor,
and a step back is required by the code. Freerks reviewed the Riverfront Crossings Plan and
Code which require the step back. The Commission approved Whistler Place just in December
on South Dubuque street and that developer included the step backs on the fourth level in their
plan. Freerks stated that what she is seeing in the application doesn't really mesh with
concepts and some of the needs the City has put forward, so she is interested in hearing a little
more about it.
Hensch asked Miklo to clarify the definition of floodway versus terms they regularly hear like 100
year flood plain or 500 year flood plain. Miklo explained that floodway is a channel by FEMA
regulations cannot be built upon, a flood plain can be built upon if it meets certain conditions.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 6 of 21
The floodway will carry floodwater, a flood plain will store floodwater.
Hensch asked in the Riverfront Crossings area what are the goals for Ralston Creek and
development along Ralston Creek. Miklo stated there is a section in the Staff Report to
describe the goals. The goal is to improve Ralston Creek, to turn it into an amenity rather than
current situation where a lot of buildings turn their back to the creek. The idea illustrated in the
Plan is to have a small park here and that is why the Code requires a pedestrian street in this
particular area.
Freerks noted that this would be a huge increase in what the owner is able to do with this
property so she expects compliance with the Riverfront Crossings Master Plan and Form Based
Code. The applicants concept for amenities along the creek seem just like a slab of cement.
Something better can be done along there. Freerks is making these points early because while
they are not improving the concept plan, just the rezoning, this item will never come before the
Commission again. Miklo stated that once the Commission would approve the zoning the
placement and design of the buildings would be reviewed by the Form -Based Code Committee
which is basically the Design Review Committee which is made up of staff. Freerks asserted
she is uncomfortable with that sometimes, noting they have asked a lot more from other
developers and it seems like they need to be consistent.
Signs stated he agrees with Freerks in that they spent a lot of time talking about this district, and
talking about the green spaces and look of the buildings and articulation and all those things.
He would agree all he sees with this concept is a large block sitting on a piece of land.
Freerks added they might not even get that because they don't know where the flood way is
located and therefore where the building be located. These are issues she would like to see
answered.
Signs agrees, the pedestrian street as shown in the renderings here doesn't look terribly
welcoming to him, there is a large concrete terrace deck shown on the east side facing the
creek, a couple trees popped in there, it just doesn't feel like what he believes the goal of area is
supposed to feel like.
Dyer stated the building drawings make it looks like a prison, at least the part facing Prentiss
Street. She added that it disturbs her that the Commission gets conceptual drawings which
don't necessarily have anything to do with reality and then the Commission never sees what is
approved, and the conceptual drawings don't meet their requirements. She noted if you
compare the site plan to the image from the Riverfront Crossings District it is like an entirely
different vision, and the Riverfront Crossings District Plan is what the Commission approved. In
that example there is a curving sidewalk, a central stopping place. It bothers her that we would
accept something far short of what the Master Plan shows.
Freerks asked if there were any more questions for Staff. She acknowledged the applicant and
told them they will get their chance to speak not to feel defeated, the Commission just wanted to
lay out their concerns and go forward from there.
Freerks opened the public discussion and asked the applicant to step forward, sign in and state
their name.
Kevin Digmann (Hodge Construction) asked Miklo to show some photos of existing conditions at
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February 15, 2018—Formal Meeting
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this location. Miklo said he did not have those on the computer in this presentation. Freerks
said she looked online and has been by there many times so knows what it looks like now.
Digmann asked to walk the Commission through this project because they have built similar
buildings on the corner to the west. He pointed to the building at the bottom of Dubuque Street,
the bottom left one, it is an L shape, actually revers L shape, and that building exists today and
if anyone has driven by it they have received a lot of positive comments on it. The building in
the middle is the very building similar to this project, looks pretty similar, none of the buildings
are exactly alike but they use a lot of similar materials and characteristics.
Freerks asked if they have a setback on the fourth floor. Digmann said they do have a small
one and when they met with Staff they got a variance on how deep the setback had to be
because the problem is, you have to understand when you build a building it is efficient to do a
corridor down the center, you get units on both sides. So all of a sudden when you say you
have to set one side so far back, it totally blows the floor plans, it blows the costs go up so much
more because the structural systems become so different, it is easy to say this is what you
should do but in reality it is very difficult and very expensive to do.
Digmann noted that in the first two buildings they talk about some changes in materials, they
really stick out, if they look at the one picture you can see how on the top floor it really is a big
change in materials without a setback, there actually is a setback but it's only a few feet not the
ten feet the Code asks for, which is what they did in the second building. And then the third
building on Dubuque Street he pointed out they are working with The Housing Fellowship to do
an affordable housing piece there, they have applied for State tax credits, so all these buildings
will have similar characteristics to what this is. If they have driven by they will notice the look of
this building does look and feel a lot like what exists there today.
Digmann stated the challenge with this site is the creek they can't really do underground
parking, they are doing at -grade parking, so the first level for the most part along the creek and
alley really is a parking area, they have tried on Prentiss Street to make a big statement for what
the building looks like as you enter. As far as the buffer, although they haven't gotten the exact
engineering documents, this was designed by the engineer who laid this out for the floodway
with the 30 foot buffer, hence why the building is cocked at a little bit of an angle. They also
wanted to keep it as close to that side as they can, so obviously there is a little bit of a buffer
between the existing buildings that are going up on Dubuque Street. So they are trying to keep
it as close to the 30 foot buffer so that you don't have one side with all kinds of space and
another smack up against the alley looking at the other buildings. So they are thinking of the
residents. Digmann noted with the patio area, they did met with staff and talked about this with
the idea to try to create that pedestrian street and some activities and try to create it so it is a
common amenity for all of the people there as far as being able to have this outdoor patio area
with some steps that come down.
Digmann pointed out they never know what the future of the creek will be, there is a railroad
track, and he doesn't think there is any near-term plans to have any sort of underpass cut
through that railroad track. Digmann said as far as the pedestrian street, traffic in this project
will all be going to Prentiss Street, there is nothing going south on this project, and as he stands
here today he doesn't think there ever will be but that can change. Digmann stated that they
have to start somewhere, and it gets so expensive to draw concepts before even finding out if
they can go to the next level. He talked with Miklo today and understands the challenges, and
they talked about meeting down at the creek to figure out what they need to do along the creek
to enhance it and make it better.
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February 15, 2018 — Formal Meeting
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Digmann added as far as the building goes, it is there and he encourages all the Commission to
go drive by and see what exists today. He noted because they have to raise the parking, it is
really a three-story building and then the parking. Digmann also pointed out if they go around
the top corner of the parking garage that was just built in that area it is a four story building and
has no setback at all on the fourth floor. He's not saying "they didn't have to do it, we shouldn't
have to do it" they are trying to comply. He had Miklo show images of the concept and how they
are trying to make the big statement on Prentiss Street because they are looking at it with no
other context and other buildings around so you can see a lot more of the building than you will
on the ground, but going down Prentiss Street you are going down a pretty steep driveway,
there is actually a single -family home sitting on the right side of the alleyway which you don't
see, and the building will angle back to the south as you go back. Looking at the images, the
top floor does have some setback and a big change in materials and cornice around there to
give it more of that impression.
Freerks asked if Digmann's other buildings in Riverfront Crossings have a 10 foot setback.
Digmann confirmed they do not, they had a conversation about reducing the setback due to the
change in materials, and the perception that when you look at it, it is not that visible because of
what surrounds it.
Miklo clarified that the building on the corner does have a 10 foot setback. Digmann said it is a
10 foot setback on the north side of the building but not on the pedestrian street, Dubuque
Street. Digmann added that on the other building, the center one, that is where they went five
stories and put a setback on the fifth story which is not all the way to 10 feet. Digmann stressed
that everyone has to understand that it's not about just not trying to do it, he would do it in a
second, it's just how it changes the floor plans and how expensive it gets to build to do that.
Dyer stated there is no guarantee that they can build what they want. The Code requires a 10
foot set back, there is no guarantee you can build something that doesn't have a 10 foot
setback. She said other developers have figured out how to do it.
Freerks added if they want the height you have to go by Code and she is puzzled by how two
buildings have appeared now that don't meet Code and now being asked about a third one.
Digmann didn't want to argue but then how did the City get one built right across the street with
the parking ramp that has zero setback. Freerks asked if Miklo or Howard if they wanted to
address that. Howard replied that the Sabin Townhomes are the liner building for the municipal
parking garage there so those units are only 20 feet deep and if a 10 foot setback was done on
a liner building like that the units would only be 10 feet deep. Freerks remembers talking about
that. Howard noted there is a specific adjustment for liner buildings like that which allows that to
occur. Also for that building it was allowed because it was hiding a parking structure which is
not a particularly pleasant thing to see so the building was allowed to be as tall as the parking
structure so it would hide the structure from visibility from the street.
Digmann noted that is the same situation as they are getting into with their building. You have a
corridor down the middle and two equal size units on each side for all floors until you get to the
top floor and with a corridor down the middle on side also has to come in so far and basically
are taking what might be a 20 foot unit and sizing it back 10 feet. And working with staff they
understand there may be some situations where it may work, have change in materials, really
make it stand out, and have some leeway on some of that stuff.
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February 15, 2018—Formal Meeting
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Freerks asked which staff he worked with on this design. Digmann said he worked with John
Yapp and Doug Boothroy. Digmann also said they could have a long set of stairs coming out of
second floor units but then it feels like that whole area is just for residents to have stairs down
there, this way it becomes a common amenity for all the units. Freerks understands that but
feels it is more what can be done with it to make it more desirable for people to want to spend
time out there. She acknowledges that is more detailed oriented, for her the big thing is the
setback, it is Code, it is what they ask other developers to do, and it seems unfair to her that
some people are required to meet Code and other people are not for no good reason really.
Freerks stated they did change some language in December but they tried to be very specific
about that so if for some reason you absolutely couldn't meet the Code there was a good
reason not just that it made it easier. She doesn't think that is what anyone here had in mind.
Dyer added that the building could be designed quite differently and meet that requirement.
Digmann doesn't disagree. He isn't here to debate this, he is just trying to move it forward that is
a corner building where clearly from both angles you can kind of see the setback. He is saying
for a building like this, to say every building has to be this way, there should always be cases
where maybe it just doesn't make as much sense in one case as it does in another. Freerks
commented that it seems to her that there are three out of four here where the case is being
made that the setback is not needed on this block and she has concerns about it. The goal of
Riverfront Crossings is to have smaller scale buildings in this district.
Signs stated that was the concern, they keep seeing exceptions, exceptions, exceptions and a
lot of time and effort, City resources and community input went into developing this district and
the requirements in this district and they continually see request for exceptions and then pretty
soon you have a block where three out of four of the buildings don't meet the Code and it gets
very frustrating when they know what has gone into these Codes and it gets set aside.
Digmann wanted to make the statement that the Commission is not here to approve the no
setback, they are here to approve the zoning so they have to comply with the rules right. And
then that will be up to City staff.
Freerks interjected that then somebody in City staff has approved that twice to reduce the
setback and she has concern about that. Digmann stated that the voice of that decision needs
to go through City staff, he understands that the Commission does not like to see this but again
he is not asking them to approve no setback, he is just asking them to rezone this property to
what is in the Riverfront Crossings Code, in the map it says here is what we want to do, this is a
start of what we want to do, we understand we have to subject to conditional zoning agreement
which they will have to negotiate with the City. Freerks agreed but stated that they will get
through the Commission but then get what they want from the City because whoever they are
talking to is allowing this to happen. She doesn't know how this is happening but to her
something is going on where they are continuing not even meeting the basic standards.
Signs stated that while the Commission can't comment on the design, well we can comment on
it, but to Digmann's point not decide on design. However Signs is more than happy to defer this
application until the Commission gets more answer as to why the designs aren't being done
correctly after they leave this desk. There does come a point where they just have to say it
needs to stop and you may have just reached that point.
Dyer noted that other developers are having to meet these requirements. Digmann stated he is
not asking to do away with the setback. Freerks and Dyer interjected that yes he is. Digmann
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February 15, 2018 — Formal Meeting
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pointed out this is a conceptual drawing, the application is for rezoning, and the Commission is
not to approve the design. Freerks pointed out the with the Whistler project they did get a
design and approved the rezoning with some great detail to the design, they actually talked
about how many square foot of open space would be on the roof so there were things that were
adhered to that.
Digmann asked why they can't go on record tonight to say it is approved subject to the setback
per the City Code.
Martin said to back up just a little bit, she totally gets that they are here to do a rezoning
however once Riverfront Crossings went through and they started getting applications
historically they have set a precedent that they wanted to see more complete drawings, more
substantial, not just concepts, that has been happening for the last couple of years. Freerks
said that they are giving so much more by allowing this kind of upgrade to the zoning and so
they have required that people show them more, it's not a typical South Johnson Street. Martin
added that setback aside, they want to see more.
Digmann understands and stated that when they send their plans in for design review, it's not a
whole lot different than the concepts, it's not angled images, it's straight -on images, so what he
is hearing is if he came back next month or whenever and that top floor was setback 10 feet
we'd be fine. Freerks replied maybe or maybe not. She added that they've talked about
amenities along the walkway so it is inviting. What they want to see is something that is of a
higher caliber, it needs to be better than what you'd see normally, it is what they are expecting
in the Riverfront Crossings. If you look through the Riverfront Crossings you can see all kinds of
visuals that show the variations people use so there is something that is very different. Freerks
added that the waterway is important, the flood area that is a key point to how the building is
going to lay out on the lot and that will in turn play out in what kind of building you can build, how
wide it can be. Digmann said that is what they have done, that is why the blue line is there.
Freerks said they don't know for sure and that is why it needs to be checked by the engineers.
Dyer said there is no engineering drawings, there is nothing to do with elevation of the land.
Freerks stated they are not trying to pick on Digmann they just want some of the basics, he is
not meeting what other developers are giving the Commission.
Digmann stressed that his point is the Commission is saying there is a Riverfront Crossings
Code out there that is to be followed. Freerks confirmed. Digmann said the Commission is also
not happy that City staff is giving leeway on any of this. Freerks stated that is not what she said.
Digmann stated that isn't it the City staffs job to enforce what is in the Code with the design.
Freerks stated she will not debate that right now, it is a conversation they may have later in the
meeting regarding what is occurring, it is an ongoing problem with minimums not being met,
what she is asking of Digmann is interest in the flood area, more specifics on how the building is
going to be laid out, and the fact that there is not the basic requirement for setback on the fourth
floor.
Hektoen added that the Commission does have the authority to impose conditions to satisfy
public needs created by the rezoning, there is a lot of language in the Comprehensive Plan
upon which you can formulate. Freerks added they can require many things if they want to.
Hensch stated he actually thinks they are pretty close, the building at the corner of Prentiss
Street and Dubuque Street is pretty great. Just stick with what the Riverfront Crossings is asking
and the one paragraph in the staff report about Ralston Creek development, if the intent or spirit
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 11 of 21
of that is followed for that area in front of the creek he thinks they are really close. The point is
perhaps that they are trying to draw the line about fewer exceptions.
Digmann doesn't have a problem with that he feels that if it's in the book, and this is what the
zone is, then it is, and then it's up to staff or whoever and he doesn't have to spend a lot of
money, more money than he's already spent, to try to come in here to see if the Commission
will approve something. Dyer explained that he knows what the rules are. Hensch concurred,
the Code is there and this representation presented tonight doesn't reflect the Code. Dyer
added that other developers invest a good deal more in their presentations to Planning and
Zoning. Digmann apologized and noted he did meet with staff on this, although they were prior
staff, and this was the feedback they got to move forward.
Freerks feels if they put a little more energy into making something a little more exceptional,
especially the way that public area is just not a slab of cement because having this be very
pedestrian friendly, especially utilizing the creek area, and then just going by the Code in terms
of Riverfront Crossings and having that setback is very important.
Digmann asked what her definition of pedestrian friends is. What kind of amenities do you look
for that make if more pedestrian? Freerks said there is no rail even there. Digmann said it
would have a railing around it. Martin said the Comprehensive Plan will contain an image of
what was in mind for the area so something along that vision. Dyer suggested townhouses
along there, saying it would be more appealing.
Freerks asked what the limitation period was on this. Miklo said they have until March 12, so it
can be deferred until the next meeting. Freerks stated they can get to a point here, she
acknowledged that Digmann has done lots of great things around town so don't feel defeated,
but what was presented tonight doesn't even meet the minimum.
Hensch stated that he applauds the desire for trying to do improvements along Ralston Creek,
he likes that people are taking it seriously as an ecological feature rather than a drainage ditch,
and unfortunately since you are one of the first developments to incorporate along Ralston
Creek you are going to be held as the example of how to do it right. Freerks said they should
be excited to see what they can do there.
Digmann said they will work on the setback and see what they can do on the pedestrian space
Dyer also requested more information on the topography of the land and how the building will
set into it and the flood plain. Freerks stressed for Digmann to talk to Miklo as he is a great
resource, and the Commission likes his ideas generally.
Freerks closed the public hearing.
Hensch moved to recommend approval of deferring REZ18-00003 until the next meeting.
Martin seconded the motion.
Martin commented about three thoughts she has on this. She understands builders wanting
"here's the Code, here's the stamp, here's what you build" but this is the opportunity, especially
in Riverfront Crossings to make sure that they are holding people to a standard to beautify our
city and we don't want everything to look the same. She understands from a developer's point
of view the cost concern, but that is not the Commission's concern, their concern is the integrity
of preservation of this community.
Planning and Zoning Commission
February 15, 2018— Formal Meeting
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Signs goes back to the fact that the Code is there, and it is very specific in the Riverfront
Crossings District and this isn't it.
Freerks added if there is anything in the language that they changed recently that is making this
happen... will discuss at the end of the meeting because she has specific questions on things
she would like to have answered. Howard said the language updated at the last meeting was
with regard to upper level step backs allowed by a minor adjustment to any district of Riverfront
Crossings and did give quite a bit more leeway to what could be adjusted by staff. Miklo added
that there is some criteria that is has to meet and if the step back is not there, there has to be
other design features to visually break up the mass of the building. Freerks wondered if maybe
that is the problem, that people think they can just doll up the top level with another color or
cornice and actually that is not at all what they had in mind and if they are in anyway confusing
people they maybe need to revisit that because that was not the intention when they made that
change.
A vote was taken and the motion passed 5-0.
CODE AMENDMENT ITEMS:
Discussion of amendments to Title 14, Zoning, to address changes to state law regarding
occupancy of residential dwellings.
Howard shared the PowerPoint regarding the changes, it is quite lengthy because there are a
lot of little changes happening to the zoning ordinance. In January 2018 the state legislature
changed State Code to prohibit any municipality to enforce any regulation that limits occupancy
of rental property based on the existence of familial relationships. Howard noted that it a
common way to address occupancy across the United States so it has been a little bit of a
struggle for a lot of communities across the state of Iowa, particularly the cities that have large
colleges or universities.
Freerks asked if other states are also making this change. Howard said she is not aware of any
other state having this kind of restriction imposed by the state legislature.
Howard stated the City Council considered a number of changes in December that addressed
the Housing Code and specifically made some changes there. The goals for the recent
changes to the Housing Code and Zoning Code are to establish a balance between the short-
term rental opportunities for students and long-term housing options for more permanent
residents in the city and try to come up with alternative means that they used to be able to rely
on a specific formula of how many people could live within a single-family house or duplex unit.
Howard recapped the Housing Code changes because they do not come before the Planning &
Zoning Commission but she wanted to make them aware of them. These changes include a
cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI
campus. The City set up a rental permit district and there are certain number of those districts
that exceeded the rental permit allowance of the 30% cap on the number of rental units in each
districts. So for many of the areas that are close to campus far exceed that 30% cap so no more
new rental permits shall be issued in those districts, with some exceptions. That was the big
change in the Housing Code. Additionally the City established a limit on the amount space
within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of
Planning and Zoning Commission
February 15, 2015 — Formal Meeting
Page 13 of 21
shared living space (living, dining, kitchen areas) within the dwelling based on the number of
bedrooms in the unit. The idea here is for single-family residences and duplexes that are
supposed to be single-family in character not be chopped up and lose shared living space to
make more bedrooms. Finally, a number of other requirements and enhanced enforcement
procedures were added to improve the safety and security of dwelling units in anticipation that
occupancies will increase.
Howard moved onto the Zoning Code changes and began with a little background on how they
organized the residential use categories in the Zoning Ordinance. Right now there are two
types of residential units in Iowa City, "Household Living Uses" or "Group Living Uses."
Household Living Uses are single-family homes, duplexes, multi -family buildings and a small
group of these would be the group households. Howard noted that they are changing nothing
with regards to the group households (Systems houses, group homes, elder group homes) that
have very specific definitions in the State Code and the Iowa City Code mirrors the State Code.
Therefore any changes do not affect the group homes. Group Living uses are larger in scale
group living environments (nursing homes, group care facilities, rooming houses, fraternal group
living). The distinction between Household Living and Group Living is that members of a
household live together as a single housekeeping unit, people are living together as a unit and
sharing responsibilities and expenses of the household and all areas of the home are open to all
members of the household. GroupLiving Use such as a rooming house, individuals have their
own private living space and do not typically share household expenses, supplies, vehicles, and
the like. Howard explained that there are different zoning requirements for these different
residential uses. The City had to change the definition of household however, by eliminating the
typical means of defining a "household"(by familial status), it is much more difficult to determine
whether a use is a Single Family Use or whether it is a rooming house. Before the City could
use a specific number and if it went beyond that number of unrelated people it would no longer
be classified as a single-family house. With that going away, it become grayer and the City will
need to rely on other methods to prevent overcrowded conditions and inappropriately scaled
dwellings intended solely to maximum residential occupancy without regard to the character,
livability or long term stability of the neighborhood.
Howard addressed the changes to the Zoning Code proposed in the Staff Report:
1. Because they have changed the definition of Household over the years, it used to allow
for up to five unrelated people to live together in certain zones, and then it was reduced
down to a limit of three. Over those years because there were exiting units those rental
permits were "grandfathered." Since there will no longer be a stated limit on the number
of unrelated persons within a unit, there is no longer a need to grandfather existing
rental occupancies, so these sections of the zoning code should be deleted.
2. There is a cross reference in each of the Occupancy Sections in the Zoning Ordinance
to the Housing Code because now the two Codes will work together to regulate
occupancy.
3. They have amended the parking requirement for single-family and duplexes. Previously
they were partly related to the number of unrelated persons living in the household and
that is changed to number of adults in a household because children don't drive and it
made sense to regulate the number of parking spaces required with the number of
adults. This will keep the parking requirements similar to what they are today for single-
family and duplexes uses.
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February 15, 2018 — Formal Meeting
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4. A change to the occupancy standard is proposed for accessory apartments, deleting
reference to the household definition that was tied to familial status and establishing an
occupancy limit of two individuals. Note that accessory apartments are only allowed on
owner -occupied properties and are limited to one bedroom.
Martin asked how come the City can limit that occupancy but not the others. Howard
said it is complicated when talking about individuals because of children versus adults.
The accessory apartments are a secondary use to a single-family owner -occupied
house.
5. There is a change to the rear setback requirements for single-family and duplex uses,
but is applied only to certain zones in the Central and Downtown Planning Districts,
which are the zones closest to The University of Iowa campus, most affected by the
student market. It is also the areas where there are more traditional neighborhood
patterns, gridded street patterns, similar block sizes, similar lots sizes, alleys in most
situations, etc. This is something that was recommended by the form -based code
consultants, Opticos, after looking at what was happening in the community. People
were taking single-family homes and adding onto the back and extending them out to
take up a large part of the rear yard which is not typical for the pattern of development in
these single-family neighborhoods. Howard did note there are some RS -5 areas in
these districts but they are limited to such changes due to the historical overlay on these
districts.
Martin asked if someone was to remove one of the back duplex parts of one of those
houses, could they build a garage at that back end, with the new setback requirement in
place. Howard said because most of those homes have an alley in the back, the typical
pattern would be for a detached garage which will have its own setback. If they were to
build an attached garage it would have to fit within the new setback requirement as it is
measured as part of the house. They can attach a detached garage to a house with a
breezeway.
6. The side setback for multi -family and group living uses is increased to 10 feet to be
consistent with the standard in Riverfront Crossings. This will ensure that there is at least
20 feet between multi -family buildings on abutting lots. Similarly, the rear setback in the
PRM Zone is changed to be consistent with the standard in the Riverfront Crossings
District. The current standards have resulted in the close spacing of multi -family
buildings, such as along S. Johnson and S. Van Buren Streets, creating crowded
conditions and concerns about privacy, safety, and livability for residents.
7. The number of bedrooms in attached single family and duplex units is limited to 4. This
is a clear and objective standard that will be easy to administer and will help to control
occupancy to a reasonable level for these housing types.
8. To mirror the change made in the Housing Code, the minimum bedroom size in multi-
family uses is increased from 70 square feet to 100 square feet. Bedrooms that exceed
225 square feet or with any dimension greater than 16 feet will be counted as two or
more bedrooms. This will help control parking issues as well.
9. A new minimum open space requirement is proposed for all household types, including
single family, duplexes, multi -family and group living uses. For multi -family and group
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February 15, 2018 — Formal Meeting
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living uses, the open space requirement mirrors the requirement and standards currently
applied in the Riverfront Crossings District at 10 square feet per bedroom, but not less
than 400 square feet. For detached single family uses, a minimum of 500 square feet of
usable open space is required in the rear yard. For duplexes, 300 square feet of usable
open space per unit is required in the rear yard. For attached single family (zero lot line
and townhouses), 150 square feet of open space is required in the rear yard. To
provide relief in cases for unusually constrained lots or lots with little rear yard space,
such as reverse corner lots, infill lots, oddly shaped lots, and similar, an option to
request a minor modification to these standards is provided.
Freerks asked if there is any language regarding if the open space can be impervious
surfaces. Howard said it is stated that the open space for single-family homes and
duplexes has to be in the rear yard and pervious surfaces, it cannot be paved, patios
and decks will not be counted towards open space.
10. There is a use classification system in the Zoning Ordinance that helps identify the
criteria and characteristics of each use category and so they have amended the
descriptions of the residential use category to provide a little more clarity on what is
meant by single-family home or Household Living. For household living, added
language introduces the term "single housekeeping unit". In the "exceptions" section of
Household Living, it also clarifies that if there is more than one residential lease issued
per dwelling unit or if there are locks installed on bedroom doors that create de facto
rooming units where an individual resident can prevent other residents from entering
his/her private room, then the use is classified as a Group Living Use.
11. In the definitions chapter of the Zoning Code, in addition to amending the definition of
"household" so it no longer has anything about family status and added the reference to
"single housekeeping unit". They also added a definition of "adult" to persons age 18 or
over and clarified the definitions of "roomer," "rooming house", "rooming unit," and "farm
dwelling."
12. In addition to the zoning code changes, the Council will be asked to add several clauses
to the Housing Code (Chapter 17-5), that address occupancy limits for single family and
duplex uses that do not meet the minimum parking or open space standards in the
zoning code. If someone is coming in for a new rental permit, changing from an owner -
occupied to a rental, the unit will be reviewed and must be in compliance with the open
space and parking requirements. And finally, a clause is proposed to clarify that for
existing single family and duplex rental units where the percentage of bedroom space
within the unit exceeds 35%, the use of those bedrooms may continue, but no additional
bedroom space may be added unless the unit is brought into full compliance with the
standard.
Staff recommends amending Title 14, Zoning Code, and Chapter 17-5, Housing Code, as
described in the staff memo and as indicated on the attached pages of the memo.
Freerks asked moving forward how will this all be calculated, will it only be for new permit
requests. Howard confirmed that is true, that in cases of zoning changes all previous permits
are grandfathered in, it is only if someone is asking for something new.
Laverman noted that information on these changes can be found on the City's website and
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 16 of 21
YouTube channels under rental permit caps
Freerks asked about cottages, and Howard said that clause was just for Riverfront Crossings
and is likely not to be an issues as Riverfront Crossings will more high density.
Freerks had a comment about the minor modification for open space requirements and has
concerns about abuse of that requirement, but is glad that notification will be given to neighbors
if a minor modification is applied for. Howard said there is a distinction for minor modifications.
In the Riverfront Crossings Code it is called a minor adjustment, and that is done through an
administrative review committee, but the minor modification is set up for the whole Zoning Code
and a hearing date is set and notice given to surrounding property owners. It is still staff
administering the hearing and making the decision but there is an opportunity for public input.
Martin asked if the notifications go to the renters that are nearby. Miklo doesn't believe so, just
to the property owners. Freerks suggested a notification sign put in the yard as well so people
would know. Miklo believes they do put signs up and will check on that.
Freerks questioned Amend Chapter 17-5. Howard noted that she did hand out at the beginning
of the meeting a sheet that would substitute the language that was in the Staff Report in the
agenda packet. They realized there was a sentence that was in the first paragraph that should
have been in the last paragraph where they are talking about new rental permits. The City didn't
want to make so that someone that had an existing rental permit, that didn't meet the open
space requirement, loses their permit but to let them know they cannot enlarge.
Freerks also asked about the bedrooms not exceeding the 35% being subject to administrative
review. Howard explained that there needed to be a change for reasonable exceptions.
Freerks opened the public hearing.
Nick Psihayos (UI Student) is interested in the Code changes and what the goals of the
Commission and Planning Department looking for with neighborhoods and how to integrate
students and families and obtain good relationships between homeowners and renters.
Freerks stated that none of this can guarantee good relationships, but good rules and
regulations can help facilitate it.
Hektoen gave Savois a copy of the Code which explains the problem and the goals as a good
resource.
Howard noted that in general the City is trying to keep a balance in these neighborhoods that
are single-family in character and close to the University.
Miklo also added the City Zoning Code does have areas where the allowance for higher density
is allowed, the problem is when you introduce a large number of people into a lower density
there are issues (with parking, nuisances, traffic, etc.).
Dyer stated that another objective is so families can live closer to the University and downtown
as well.
Freerks closed the public hearing.
Planning and Zoning Commission
February 15, 2015 — Formal Meeting
Page 17 of 21
Hensch moved to recommend approval of the amendments to Title 14, Zoning Code, and
Chapter 17-5, Housing Code, as described in the staff memo and as indicated on the
attached pages of the memo including the amendment that was distributed at this
evenings meeting.
Signs seconded the motion.
A vote was taken and passed 5-0.
Freerks read a statement of appreciation for Karen Howard who was leaving her position in
Iowa City to take a new position in Cedar Falls, Iowa.
URBAN RENEWAL ITEM:
Discussion of Proposed Foster Road Urban Renewal Plan located between North Dubuque
Street and Prairie du Chien.
Wendy Ford (City of Iowa City Economic Development Coordinator) stated that at the
last meeting on February 6, 2018, the City Council approved a resolution of necessity
which starts the process to establish an Urban Renewal Area and a TIFF District. This
particular one is the Foster Road Urban Renewal Area and Ford showed a map of the
area. It is just south of 1-80, east of Dubuque Street, and west of Prairie du Chien. The
City has been working with the developers in this area who desire to build the road
connecting Dubuque Street to Prairie Du Chien in order to be able to develop the rest
of the properties. The developers, as forecasted in the North District Plan, are seeking
financial assistance from the City to build the road. The City can assist in the
development of this road, and sees the public benefit to this road as being a connector
between Dubuque Street and Prairie Du Chien to facilitate better transportation, better
emergency responses, and access by and to other neighborhoods. Ford noted there
are many public benefits in this project.
Ford showed the area which will be developed as recently approved in a Planning &
Zoning meeting, and noted that this development and street connection are in line with
the Comprehensive Plan and that is why it was approved for rezoning. Ford explained
that the Tax Increment financing aspect of this project depends on the pieces of the
project along Foster Road (a series of townhomes and a larger senior living building).
The Tax Increment that those projects would create then would generate the revenue
that would assist in the cost sharing of the road from Dubuque Street to Prairie du
Chien.
Ford explained that the charge of the Commission make a recommendation to the
Council about whether this Urban Renewal Area fits within and complies with the
Comprehensive Plan. This is one step to happen before a March 20 hearing, the other
step is that the City holds a taxing consultation with representatives from the County
and School District to talk about the implications of the TIF on budgets.
Hensch asked the length of Foster Road extension. Ford said she believes it is around
1500 feet. Hensch asked because the estimated cost is $4 million and that seems
extravagant. Ford explained it includes all the public infrastructure that goes along with
the construction of the road (water, sewer, stormwater).
Hensch asked about eligibility of the TIF, what it is based on. Ford replied that all TIF
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 18 of 21
districts must be based on some finding of blight or economic development or slum
situation and in this case it is an economic development area. It is the only instance in which
the Iowa Code allows the use of TIF in an economic development (non -blighted) area for non-
LMI residential development and it comes with two distinct conditions not applicable to other
Urban Renewal Areas. One is that it only lasts 10 years. The second requirement is that for the
City to be able to TIF generated by those buildings the City has to split the increment that
comes out of that (in this case 45% and 55%). The 45% being equivalent to Johnson County
that qualifies as LMI, and put that 45% into the affordable housing fund. The other 55% can be
used for the cost sharing elements of this project.
Freerks asked where the other TIF districts are in the City. Ford said there are 12 districts,
there are several that go along the industrial area that is lined by railroad on the north end and
Highway 6 on the south end (Proctor & Gamble area out towards Highway 6), there is another
one at Highway 6 and includes the Pepperwood Plaza area, one at Towncrest, the large one is
the City/University Urban Renewal Area which encompasses both downtown and Riverfront
Crossings, Riverside Drive Urban Renewal Area, Moss Ridge and finally Sycamore Mall/First
Avenue. Ford noted that not all of them are active and a couple have never been tapped for
Tax Increment Financing at all, they are just set up to be ready.
Freerks opened the public discussion.
Seeing no one, Freerks closed the public discussion.
Signs moved to forward a written recommendation to the City Council stating that the
Foster Road Urban Renewal Plan conforms to the Iowa City Comprehensive Plan, and
conforms with the general plan for the development of the City of Iowa City.
Hensch seconded the motion.
Hensch stated in general he is not a fan of TIFs because as an example this project may bring
100 students to this area to attend Iowa City Schools but for 10 years no money will be going to
the School District, however he does feel the public good is very strong here by the
development of this road as there is a severe need for it. He also is encouraged by seeing the
funding that will go into affordable housing.
Freerks said that TIFs often get a bad rap because they are so often abused but she has seen
the numbers before and Iowa City is very careful in the way that they use TIFs and not abuse
them, so she is in favor.
A vote was taken and the motion passed 5-0.
CONSIDERATION OF MEETING MINUTES: JANUARY 18, 2018
Hensch moved to approve the meeting minutes of January 18, 2018
Signs seconded the motion.
A vote was taken and the motion passed 5-0.
Planning and Zoning Commission
February 15, 2018— Formal Meeting
Page 19 of 21
PLANNING AND ZONING INFORMATION:
Freerks wanted to discuss the items that are being approved that don't meet Code. This
evening the gentleman said he had a couple of buildings that didn't have step backs that fall in
the area where they are required. Freerks acknowledged they made that change to the Code in
October and was unsure how far along those buildings were when that Code change was
approved, it he took advantage of that. Hektoen said she was not aware of the timing. Martin
believed those buildings were pretty much done. Freerks is concerned then how this happened
because it is clearly laid out in the Code. Freerks would like to follow through on this. They
have also talked about landscaping not being installed in commercial areas as required and
some of the issues with that and this seems to be even a bigger issue to her if Code is not being
met and some type of waiver is occurring. It is important to her that the City of Iowa City ask the
same of each applicant as they come forward and for people to be able to anticipate and be
able to understand what they are required to do.
Martin would like to at least have a clear explanation as to why something was adjusted. She
acknowledges there may be a variance of some degree on something at some point but what
was the give and take for that variance.
Freerks noted that the City just gave that valve to them, it wasn't there before so she is puzzled
why this occurred. What she is thinking is if they could just back up through Riverfront
Crossings she is interested in seeing if anyone is not using the setbacks and is also interested
in how people are utilizing the language, or if it has even been used. She would like to follow up
on that.
All Commissioners agreed
Miklo clarified that Freerks was asking for a report on any previous minor modifications and
noted it may take some time to put together. Hektoen said it would be more in the minor
adjustment category opposed to minor modifications.
Freerks said if there are issues or they see a flood of things that haven't or are not meeting
Code they need to think about how they can fix it, whether it is the language or what it is.
Martin asked if a building is built and has received its certificate of occupancy but is later on
realized to have not been in compliance with Code and there is nothing in writing to explain why
that happened, is there anything that can be done or does the developer just plead ignorance.
Hektoen said the City can cite the developer for not meeting the Zoning Code and they would
receive a municipal infraction. Hektoen said it would all depend on the violation.
Freerks said it appears that someone is giving a green light to these things, it appears that way
because otherwise these projects wouldn't be getting off the ground, or into the ground. Code is
Code.
Dyer stated it seems as if there is an objective, not just in Riverfront Crossings, to fill up every
single inch of space with building rather than articulate them nicely along the landscape and
there is no guarantee you can use up every inch of space.
Miklo suggested that over the next several months whenever there is a minor adjustment after
it's been approved, staff could inform the Commission of what's been done. Freerks would love
that, stating itjust helps them better understand the Code and how things are being utilized.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 20 of 21
She doesn't think it is even a punishment for anything or a check and balance, although that is a
positive outcome perhaps, but thinks it is wise planning.
Hensch likes what Miklo proposes because (1) he will find it educational and (2) he firmly
believes there are sometimes adjustments that need to be made so he would like to learn why
some of those things were done and then the Commission can consider them upfront
sometimes.
Signs noted that based on the application tonight it seems that there is a disconnect somewhere
and he things it behooves all of them to figure out where it is.
Freerks noted that they have made other people do all these things and she doesn't want Iowa
City to be known as inconsistent.
Dyer is also concerned that some folks come in with conceptual drawings that are intended to
be close to what is planned and others rip them out of a book or something. Signs agreed that
was a great observation and some applicants go above and beyond to help the Commission
visualize and this one was far short of that.
Freerks asked if Mikio would have time for this in the future. Miklo said once they are up to full
staff, but he will advise the committee that this is a request. Freerks stressed it was a
unanimous request. Miklo said as minor adjustments occur he will try to report back at the next
meeting. Freerks also wants to look backwards at previous cases, Miklo said that may take a
little time.
Signs made record that as of last Friday he has stepped down from the role of President of the
Affordable Housing Coalition due to his new work responsibilities, but he does remain on the
Board.
ADJOURNMENT:
Signs moved to adjourn.
Dyerseconded.
A vote was taken and motion carried 5-0.
PLANNING & ZONING COMMI:
ATTENDANCE RECORD
2017-2018
KEY: X = Present
0 = Absent
O/E = Absent/Excused
--- = Not a Member
6/1
(W -S)
617
6/15
7/6
7/20
8/3
8/17
9/7
9/21
1015
10/19
11/2
12/7
12121
1/4
1/18
2115
DYER, CAROLYN
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
X
FREERKS, ANN
X
X
X
X
X
X
O/E
X
X
X
X
X
0/E
X
X
O/E
X
HENSCH, MIKE
X
0/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
X
O/E
X
X
X
X
X
X
X
X
X
X
O/E
O/E
X
X
PARSONS, MAX
X
X
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
0/E
SIGNS, MARK
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
THEOBALD, JODIE
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
O/E
X
0/E
KEY: X = Present
0 = Absent
O/E = Absent/Excused
--- = Not a Member
04-17-18
3b(3)
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
MARCH 1, 2018 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max
Parsons, Jodie Theobald, Mark Signs
MEMBERS ABSENT:
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo
OTHERS PRESENT: Quentin Pitzen, Laureen Ipsen, Ross Nusser, Nancy Purington,
Rick Stephenson, Mark Tade, Brian Vogel
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
DEVELOPMENT ITEM SUB18-00002:
Discussion of an application submitted by University Lake Partners, II for the preliminary plat of
Forest Hills Estates, a 53.29 -acre 5 -lot subdivision with 4 residential lots and 1 commercial
office lot locate south of Interstate 80 west of Prairie Du Chien Road.
Miklo indicated that this item should be deferred, as Engineering is reviewing the updated plat
and stormwater management plans for compliance with City codes.
Freerks opened the public hearing
Quentin Pitzen (2040 Tanglewood) asked whether the commercial lot would have access
through the western part of the parcel. Miklo explained that the western portion of the parcel
closest to 1-80 would be an outlot for open space. The Commercial Office (CO -1) lot would be at
the intersection of Prairie Du Chien Road and the extension of Foster Road.
Pitzen expressed a concern that the additional traffic on Foster Road near Dubuque Street
would make it difficult for residents of the neighborhood that is located on Meadow Ridge Lane,
Ventura Avenue and Tanglewood Street to drive out of the neighborhood. He asked if they City
and any plans for the intersection of the Dubuque Street Frontage Road and Foster Road.
Miklo said he would review the question with the City Engineer and report back.
Planning and Zoning Commission
March 1, 2018– Formal Meeting
Page 2 of 10
Laureen losen (1710 Prairie Du Chien Road) asked about the width of the Foster Road
extension. Miklo answered that it would be 36 foot wide and would have two travel lanes with
protected bike lanes in each direction and sidewalks on both sides of the street.
Freerks closed the public discussion.
Hensch made a motion to defer SUB18-00002 to the March 15 meeting.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING ITEM REZ18-00003:
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings – Central Crossings
(RFC -CX) zone for property located at 225 & 225'/2 E. Prentiss Street.
Miklo said that the applicant has requested that this item be deferred to the March 15 meeting to
allow time to revise the concept plan.
Hensch made a motion to defer REZ18-00003 to the March 15 meeting.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING ITEM REZ18-00002:
Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89
acres from Planned Development Overlay/High Density Single Family Residential (OPD/RS-12)
to Low Density Multifamily Residential (RM -12) located at 1705 Prairie Du Chien Road.
Walz began the staff report by showing an aerial of the area and a map showing zoning of the
surrounding area. She discussed the current land use and zoning and discussed the proposed
RM -12 zoning, which would allow a maximum of 30 units on this property based on lot area.
The applicant has not submitted a concept plan for development and it is not known whether
this density can be achieved. She mentioned the potential for sensitive areas on the property
and indicated the applicant does not intend to develop areas with sensitive features. She noted
that the property may contain sensitive areas—slopes and or groves of trees. She discussed the
North District Plan, which states that with the development of Foster Road, new development
could occur in this area and this property could be redeveloped as multi -family. She then
reviewed recent amendments to the Comprehensive Plan to address resident displacement.
While the policy does not technically apply to this property because it has fewer than 12 units,
the applicant has taken a number of steps to communicate and gather input from the residents,
including contacting residents in person, holding a meeting for residents, compiling a list of
Planning and Zoning Commission
March 1, 2018 — Formal Meeting
Page 3 of 10
resources, offering no less than 120 days' notice for relocation, and working with the City and
other sources to identify funds for relocation to assist residents.
Staff recommends approval, subject to a condition that the applicant provides residents with 120
days of notice for relocation.
Freerks asked whether there is a concept plan indicating what new development would be on
this property. Walz indicated that this had not been submitted and applicant was still deciding
how he would develop the property. This had been the topic of discussion at the Good Neighbor
meeting where he gathered input from the neighbors.
Martin asked whether there were notes from the neighborhood meeting. Walz said that she had
attended the meeting for the neighborhood meeting for surrounding residents. Neighbors who
attended had been generally supportive though they expressed concern for the residents of the
trailer park. She noted that the applicant would be able to speak to the concerns heard at the
meeting for residents of the property proposed for rezoning.
Freerks asked what could be developed on the property under the current RS -12 zone. Walz
responded that in terms of detached single-family homes, the development potential would be
limited without encroaching into sensitive areas. Miklo noted that the RS -12 would allow for a
small number of townhomes on lots of 3,000 square feet and duplexes on lots of 6,000 square
feet. This would require an alley.
Freerks opened the public hearing.
Ross Nusser (applicant) spoke concerning relocation of the residents of the mobile home park
and his frustration that not enough is done to ensure smooth transitions for the residents, some
of whom have lived here for 30-40 years. Because of the extension of Foster Road,
redevelopment of this property is likely and he is concerned that the residents could be forced to
relocate with short notice if the property redevelops without a rezoning. He discussed his
meetings with residents of the subject property and the surrounding neighborhood, including a
good neighbor meeting. Commissioners asked for minutes from the meeting for trailer park
residents, but Ross responded that none were taken.
The commission asked for more information on whether they could require financial assistance
for relocation of residents. Walz deferred to the City Attorney. Goers indicated that while the
trailer park fell beneath the 12 -unit threshold in the comprehensive plan, the spirit of the plan
was to ensure that residents of affordable units such as this were accommodated fairly. So long
as any assistance was in scale with the impact of the rezoning, it could be attached as a
condition.
Nusser noted that some of the residents were present. Commission asked him about more
specific concept plans for the site. He responded that he was focused on the issue of relocation
but agreed to prepare more detailed plans if deferred until the March 15'" meeting.
Nancy Purington (1706 Prairie Du Chien Road) spoke about her concerns about the traffic on
Prairie Du Chien Road. Her property is directly across from the subject property. She reported
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 4 of 10
high speeds on Prairie Du Chien and difficulty turning into/out of her driveway. She is concerned
that this may get worse when Foster Road is extended and if additional density is added on the
subject property. She requested that a traffic study be conducted in this general area with
information on traffic counts and speeds. She also expressed her preference that multi -family
housing on the subject property not exceed 2 -story because no buildings in the surrounding
area are taller than 2 stories.
Laureen Ipsen (1710 Prairie Du Chien Road) also spoke about traffic concerns on Prairie Du
Chien, especially with the extension of Foster Road. She asked about the possibility of multi-
family housing on the redeveloped site having access from Foster Road. She asked if Foster
Road will be a wider street than Prairie Du Chien; staff responded that it will be (2 -lanes of traffic
with buffered bike lanes). She was concerned about adding density in an area with traffic
issues.
Curt Vanaerpen (Dubuque Street) is one of the owners of the mobile home park. He said that he
had not intended to give residents short notice, however, the infrastructure at the trailer park
was in need of major improvement. He discussed maintenance issues related to sanitary sewer
and water lines which contribute to the need to redevelop the area. He noted that a year ago the
City said that the extension of Foster Road was at least seven years away and he believed he
would need to make substantial upgrades to water and sewer to keep the park going. When the
recent decision came to build Foster Road he realized that it was an opportunity for him to avoid
making these substantial repairs. He reported making repairs to the sewer lines in December,
but states that these lines are very old and could stop working in the near future, which would
displace residents with little notice. He expressed concern about this relocation, but stated that
continuing to maintain the mobile home park is not feasible. He noted that there was no place in
Iowa City that is more affordable to live than his trailer park, but the necessary improvements
would require him to raise rent
Rick Stevenson (853 St. Anne's Drive) also noted the speed and volume of traffic on Prairie du
Chien Road and requested any increased density have driveway access onto Foster Road.
Mark Tade (1706 Prairie du Chien Road): He noted that he lives several hundred feet from the
Interstate but the sound of traffic is quite intense. He said it was not possible to hold a
conversation in his back yard during the summer. He said he thought it was important to
preserve any trees in the area as they offer some buffer from the noise. Miklo noted that the
Foster Road rezoning preserves a large number of wooded area and that the City's subdivision
regulations require a 300 -foot buffer from the Interstate for new residential structures.
Nusser spoke again and expressed his desire to work with residents but his need for some
direction from the Commission. He indicated that the rezoning would allow him to better
determine what options he could provide to assist with relocation. Several commissioners
expressed the need for more information from the developer, both in terms of the proposed
development and a relocation plan.
Planning and Zoning Commission
March 1, 2018— Formal Meeting
Page 5 of 10
Dyer expressed a concern that the applicant had not presented a plan for relocation or a plan
for how he would develop the property. She said it makes it difficult for the Commission to
make a decision when there are so many unknowns.
Signs indicated that they felt they could make a better recommendation in terms of relocation
plan if they had some idea from the developer and the currents residents what the needs were
and what the developer felt he could reasonably afford. Commissioners acknowledged that
redevelopment was a matter of time and that everyone involved was trying to be fair. Freerks
stated that there was a need to know how this new development would fit into the neighborhood
and that usually such re -zonings were accompanied by a concept plan of some sort. She
understood that the applicant had the best of intentions and was sensitive to the neighborhood
but that the Commission had been disappointed by some developments in the past and this
would be the first multi -family in this neighborhood so it was important to get it right.
Nusser reiterated his willingness to come forward with a plan and requested to defer to March
15. He stated that there were two issues: the redevelopment of the property and the difficult
circumstance of relocating the residents and that he wished to address both.
Hensch moved to recommend approval of deferring REZ18-00002 until the March 15
meeting.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING ITEM REZ17-00015:
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (IDRP)to Low
Density Multifamily (RM -12) located west of Camp Cardinal Boulevard and east of Deer Creek
Road.
Bochner stated this property is currently zoned Interim Development Research
Development Park (IDRP) which is a designation given to undeveloped land when that land
does not have the infrastructure necessary for development. At this time infrastructure is in
place for this property so it is appropriate to rezone but the Interim Development -Research
Park indicates that was a foreseen use. The proposed zoning for this lot is Low Density
Multi -Family (RM -12) which allows for both high density single- family housing and low density
multi -family housing to provide a diverse variety of housing options. Because of this mixture,
attention to site and building design is important in this zone to ensure compatibility. The
applicant has submitted a Sensitive Areas Site Plan that shows three multi -family building on
this parcel which contain a total of 108 1- and 2 -bedroom units (36 units per building). All three
buildings will have access from a driveway off Deer Creek Road with parking provided under the
building and in the surface lot located between buildings. Bochner showed images of the
current state of the property and then the proposed sensitive areas site plan. The zoning
ordinance indicates that multifamily buildings should be oriented with at least one facade facing
a public or private street or an interior courtyard. As shown currently this proposal doesn't meet
that standard but the applicant indicated they will apply for a minor modification due to sensitive
features on the property and steep slopes on the Camp Cardinal Boulevard frontage.
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 6 of 10
Bochner stated that with regards to the Comprehensive Plan, this property is located within the
Northwest Planning District, one of two districts for which a detailed plan has not been drafted
and instead refers to the Clear Creek Master Plan which was adopted in 2002. This Master
Plan indicates that the areas adjacent to Highway 218 are appropriate for office park or
research uses to buffer residential uses from the noise and fumes produced by the highway.
However the 1997 Comprehensive Plan recognized that with the establishment of the Oakdale
Campus north of Interstate 80 there might be limited need for additional offices and research
uses in this area. The plan also recognized the topographical and infrastructural limitations of
the area, and therefore, supported clustered development that would result in pedestrian
friendly neighborhoods with minimal disturbance of the sensitive areas.
In terms of capability with the neighborhood, the majority of the property surrounding this area is
currently undeveloped, there is a subdivision just north of this area that will have a mix of
housing types. The proximity to Highway 218 poses compatibility issues with residential uses.
Iowa City's subdivision regulations address health issues associated with noise and air pollution
produced by major roadways by requiring a minimum 300' buffer between Highway 218 and
residential development. Because this application is for a rezoning, rather than a subdivision,
the regulation does not apply. However, a condition may be attached to the rezoning in order to
address the concerns associated with the proximity to Highway 218. Staff recommends this
rezoning be conditioned upon approval of a plan signed by an acoustical engineer prior to
issuance of a building permit to ensure that roadway noise is mitigated in the interior of the
buildings for any buildings located within 300 feet of the right-of-way of the highway. This plan
should include sound mitigating construction techniques, such masonry construction and sound -
dampening windows, along with the planting of trees to form a buffer between the highway and
buildings.
Bochner noted this site has sensitive areas including steep and critical slopes and woodlands.
Bochner stated that the Commission had been given revised plans that have come in after the
staff report was drafted, so there have been some changes to the amount of sensitive areas that
will be disrupted due to the calculations to the sensitive areas. In the new plans, 45.7% of the
steep slopes on the property being disturbed, 19.6 % of critical slopes, and 29.5% of
woodlands. The Sensitive Areas Site Plan includes construction limits that indicate the portion
of the lot that may be developed. A landscaping plan shows where trees and shrubs will be
planted within the development area.
With regards to traffic implications, existing road infrastructure, which is improved to City
standards up to the driveway on Deer Creek Road, will be sufficient to serve the proposed
density of the development. North of the proposed driveway, Deer Creek Road is unimproved
and dead ends at River Products quarry property located in Coralville. Developable land to the
north will not connect into Deer Creek Road, therefore the extension of right-of-way
improvements to the street and extension of sidewalk north of the driveway are not
recommended by staff. In terms of parking, the site plan shows 171 parking spaces which is the
minimum requirement based on the proposed number of units. The majority of these spaces
will be provided in structured parking provided on the lower level of each building with the rest in
a surface lot between the buildings.
Bochner also noted another change in the plans that were distributed to the Commission this
evening is that the fire department requires a wider driveway (minimum 26 feet) to
accommodate for fire apparatus to reach the height of the proposed buildings, which has been
satisfied in the updated plan. Overall, the proposed rezoning of the subject area to Low -Density
Planning and Zoning Commission
March 1, 2018 — Formal Meeting
Page 7 of 10
Multi -family Residential (RM -12) is appropriate provided that the applicant ensures that the
effects of highway noise are mitigated for the interior of these buildings. Although the Clear Creek
Master Plan designated this area for office use to buffer nearby residential uses, the
Comprehensive Plan states that demand for office space may be limited and residential use may
be an alternative use.
Freerks asked if the Comprehensive Plan does state that residential may be another
appropriate use. Bochner said the Plan says "conservation development". Miklo noted Staff
can check to see exactly what the Comprehensive Plan states for that area. He knows it clearly
states office use is preferred up against the highway but the previous Plan did indicate there is
limited demand for such office use.
Staff recommends approval of this application with the condition that sound mitigation is
provided through a plan approved by an acoustical engineer prior to any building permit being
approved.
Freerks asked if they are providing any visitor parking. Miklo replied that they are providing the
minimum parking required, but in the parking requirements in the zoning code assume that
visitor parking is included in the minimums.
Parsons asked if there were any planned improvements for Deer Creek Road. Miklo said staff
anticipates Deer Creek Road will end at this property and all of the development in that area will
be served off Kennedy Parkway.
Hensch added the dust from the gravel on Deer Creek Road could be an issue for residents.
Miklo said the Commission could add a condition to having to treat the unpaved road to mitigate
that issue.
Hensch also stated that the landscape plan doesn't list the species of trees to be used, nor
anything about shrubbery requirements. Theobald added with the number of trees and shrubs
mentioned on the plan there is not enough to mitigate noise and dust issues.
Martin asked about the 300 feet buffer, what is the current requirement. Miklo stated that if this
were a subdivision there would be a requirement for a 300 foot buffer between any residential
building and Highway 218. This is a rezoning of only one parcel so there is not automatically a
300 foot buffer, however the Commission could put a condition on the rezoning although staff is
recommending other conditions to mitigate sound issues.
Freerks opened the public discussion.
Brian Vogel (Hall & Hall Engineers, Inc.) stated that all the buildings will look similar, and in the
same color scheme with the brick and colors of the siding. The developer has agreed to use the
sound mitigating materials and construction techniques, and will get an acoustical engineer in to
do a study before construction and incorporate that into the building plans.
Martin asked about the balconies and how the sound will be dealt with on the balconies. Vogel
said the sound mitigation is for inside the buildings.
Vogel stated that their landscape architect has contacted Julie Tallman at the City. With the
detailed plan of materials used in the construction, there would also be a detailed landscaping
plan that also needs to be approved by the City.
Planning and Zoning Commission
March 1, 2018 — Formal Meeting
Page 8 of 10
Signs said that because this project is so close to the road a more detailed tree and shrubbery
plan would improve the livability for the people there and help the Commission agree to this
rezoning. Vogel said the existing woodlands that would be preserved would help with dust and
mitigation.
Freerks is concerned about this proposal and that there won't be any sustainable long-term
neighborhood feel here because nobody is going to want to be that close to the interstate. She
acknowledges it is a tough piece of property and reflects that is why the Comprehensive Plan
laid out what is appropriate in that area. She is not saying residential cannot work, but she does
have concerns, there are no amenities outside, and it appears that one is just trying to squeeze
as much as they can into an oddly shaped lot with steep slopes and wooded areas right next to
an interstate. She does not have problem with multi -family in that area, this proposal just brings
her pause.
Martin noted they have an opportunity here to help give the community that we live in something
that really works and can be sustained over time.
Vogel stated that the developer is trying to create affordable housing and that is why they are
proposing the density.
Martin asked if these will be one and two bedroom units only. Vogel confirmed that is correct.
Signs noted he is not as concerned as others, noting this is a difficult parcel and there is no
commercial or office that will go there as all surrounding properties are residential.
Hensch agreed that this parcel is an island so to make it more inviting there does need to be a
courtyard or outside amenities to attract residents to want to live there. He said he like the
building design, but would like to see more variety rather than thee identical buildings.
Theobald noted her concern is the sound, she lives on that side of town and quite a bit away
from the interstate and can hear it at her house all night long, even with windows closed. There
needs to be a windbreak line of trees. She would like to see a detailed landscape plan before
approval.
Martin stressed as this is near an access point to Iowa City the need to maintain the
beautification of the area.
Signs added he likes the building design, he thought they might want to add a trail connection or
overlook at the pond, someplace for the residents to go and enjoy the view. He felt that the pond
could be turned into an amenity that the project currently lacks.
Dyer added that having a walking trail around the property could be one amenity, adding a
playground, and it seems like if the buildings weren't so big they could be away from the 300
foot buffer zone and deal with the sound that way. Dyer also asked if there was a fire
department turnaround along the driveway to the north. Miklo said the fire department did look
at this and approved the layout.
Miklo reiterated the direction the Commission is asking the applicant and staff to review prior to
approval. (1) More of a buffer to the interstate; (2) there needs to be some form a amenity,
possibility using the pond; (3) dust mitigation; (4) possibility smaller buildings to get them further
away from the highway; (5) detailed landscape plan; (6) and possibility different color schemes
on each building.
Planning and Zoning Commission
March 1, 2018— Formal Meeting
Page 9 of 10
Freerks noted that to make a quality community addressing these concerns are important.
Signs said it is important to establish a precedent so that developers come forward with good
plans. Freerks said that Commission used to get more thorough information. She realizes that
staff has been limited and is down two staff people. Dyer expressed a concern that some
applicants have been submitting limited information about their plans, while others submit
comprehensive plans that give the sense of what will be built. The Commission agreed that it
would like to see adequate information on the applications they review.
Freerks closed the public discussion.
Parsons moved to defer item REZ17-00015 to the March 15, 2018 meeting.
Hensch seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Dyer and Hensch noted that they would not be at the March 15 meeting. Miklo noted that
Martin would be attending the American Planning Association Conference in New Orleans in
April.
ADJOURNMENT:
Theobald moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2017-2018
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
(W -S)
6/7
6/15
716
7120
8/3
8/17
9/7
9/21
10/5
10/19
1112
12/7
12121
1/4
1/18
1 2115
3/1
DYER, CAROLYN
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
X
X
X
FREERKS, ANN
X
X
X
X
X
O/E
X
X
X
X
X
O/E
X
X
O/E
X
X
HENSCH, MIKE
0/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
O/E
X
X
X
X
X
X
X
X
X
X
O/E
O/E
X
X
X
PARSONS, MAX
X
X
X
X
X
X
O/E
X
X
X
X
X
X
X
X
O/E
X
SIGNS, MARK
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
THEOBALD, JODIE
X
X
X
X
0/E
X
X
X
X
X
X
X
X
O/E
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member