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HomeMy WebLinkAbout2019-10-15 Bd Comm minutesi CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Airport Zoning Commission: May 21 Item Number: 6.a. Airport Zoning Commisslon May 21, 2019 Page 1 MINUTES IOWA CITY AIRPORT ZONING COMMISSION May 21, 2019 —12:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Royceann Porter, Mike Parker, Chris Ogren Members Absent: Dennis Keitel Staff Present: Michael Tharp, Sue Dulek Others Present: None FINAL RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Tharp called the meeting to order at 12:06 P.M. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Orientation: Tharp asked Dulek about a temporary Chair, Dulek stated the Commission could allow Tharp to run the meeting. Members agreed by consensus to have Tharp run the meeting. Tharp described the role of the Airport Zoning Commission stating that the reason the Commission was being called to meet was to evaluate and recommend an update to the Airport Zoning Code. Tharp stated that the Airport Commission completed an update to the Iowa City Airport Master Plan in 2016 which changed some of the required protection zones and was the reason the update is needed. Members asked questions to which Tharp responded. Tharp described the airspaces that protected the airport. Tharp noted that he handed out copies of the text changes and maps to update the zoning code for members to review. b. Chair Selection: Tharp stated that this board is unique in that among the 4 appointed members they select a 51h member to serve the role of chairperson. Tharp stated that he and Dulek did have some names from individuals they had approached to possibly serve in the role of chairperson, if members wanted to move forward to a direct appointment. He also stated that they could advertise for the role of Chairperson and then the members could evaluate applications and select. Members asked questions about the Chair to which Tharp responded. Members chose to advertise for the Chairperson seat with applications. Tharp stated he would Airport Zoning Commission May 21, 2019 Page 2 get that process under way and would send out a schedule survey for early July for the Commission to meet. ADJOURN: Ogren motioned to adjourn, seconded by Parker. Motion Carried 3-0(Keitel absent); Meeting adjourned at 12:25 P.M. Y CHAIRPERSON DATE Airport Zoning Commission May 21, 2019 Page 3 Airport Zoning Commission ATTENDANCE RECORD 2019 NAME TERM EXP. o cin ^' Dennis Keltel 12/31/2023 O Christine Ogren 12/31/2021 X Mike Parker 12/31/2022 X Royceann Porter 12/31/2020 X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time i CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Airport Zoning Commission: August 14 Item Number: 6.b. Airport Zoning Commission August 14, 2019 Page 1 MINUTES IOWA CITY AIRPORT ZONING COMMISSION AUGUST 14, 2019 -1:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Mike Parker, Chris Ogren, Dennis Keitel Members Absent: Royceann Porter Staff Present: Michael Tharp, Sue Dulek Others Present: Randy Hartwig FINAL RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Tharp called the meeting to order at 1:09 P.M. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Approval of Minutes: 05-21-19: Tharp asked to review the minutes from the meeting in May. Tharp noted that there was a draft version in the packet. Ogren moved, seconded by Parker approval of the minutes. Motion passed 3-0 (Porter absent). b. Chair Application Review & Selection:Tharp stated that they did seek applications for the role of Chairperson. Tharp described the process for members and introduced Randy Hartwig who he noted was the only applicant for the role. Tharp recommended the Commission appoint Hartwig as chair. Parker moved, seconded by Ogren to appoint Hartwig to serve as Chairperson. Motion carried 3-0 (Porter absent). ADJOURN: Ogren motioned to adjourn, seconded by Keitel. Motion Carried 3-0(Porter absent); Meeting adjourned at 1:20 P.M. a.4� - 9-14, CHAIRPERSON 0 DATE Airport Zoning Commission August 14, 2019 Page 2 Airport Zoning Commission ATTENDANCE RECORD 2019 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o NAME EXP. N s -~a w to Dennis Keitel 12/31/2023 O X Christine Ogren 12/31/2021 X X Mike Parker 12/31/2022 X X Royceann Porter 12/3.112020 X O Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Item Number: 6.c. i CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Airport Zoning Commission: September 6 Airport Zoning Commission September 6, 2019 Page 1 MINUTES FINAL IOWA CITY AIRPORT ZONING COMMISSION SEPTEMBER 6, 2019 —11:30 A.M. AIRPORT TERMINAL BUILDING Members Present: Mike Parker, Chris Ogren, Dennis Keitel, Royceann Porter, Randy Hartwig Members Absent: Staff Present: Michael Tharp, Sue Dulek Others Present: Melissa Underwood RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): Recommend adopting changes to Sections 14-6-1 to 14-6-19 (Airport Zoning Code) CALL TO ORDER: Hartwig called the meeting to order at 11:36 A.M. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Approval of Minutes: 08-14-2019: Hartwig asked for approval of the minutes. Parker moved to approve the minutes, seconded by Ogren. Motion carried 4-0 (Porter absent). b. Review of proposed code changes to Sections 14-6.1 to 14-6-19 (Airport Zoning Code): Tharp gave a quick history on the code changes stating that these changes were brought about by the Airport Commission's update to the Airport Master Plan in 2016. Tharp noted that as part of the master plan changes to the runway design category and projects related to obstruction mitigation were recommended and ultimately approved by the Airport Commission and accepted by the FAA. He then introduced Melissa Underwood of SEH, Inc. Underwood presented the changes in the zoning code to the Commission members. Underwood described the changes to that were happening via the Airport Master Plan which were the relocation of the Runway 25 displaced threshold closer to Riverside Drive; the relocation of the Runway 12 threshold further to the south to decrease the approach zone impacts to the neighborhood northwest of the airport, and the addition of pavement on the Runway 30 end to compensate for the loss of runway by relocated the 12 threshold. Underwood also stated the proposal Included changes to remove the language protected the old 18/36 runway that was Airport Zoning Commission September 6, 2019 Page 2 decommissioned and is no longer used as an active runway. Keitel asked about existing obstructions and if property owners were aware. Tharp noted that the current code places the responsibility on the property owners to prevent things from being built or grown into the approach paths and that there were roughly 30 obstructions on each end of the 12/30 runway. Tharp stated that they are currently working with property owners and the FAA on a program which the Airport would remove the obstruction trees without cost to the property owners. Underwood also stated that the penalty sections was revised so that it met with current city enforcement as well as updating the section regarding airspace studies to match the current FAA requirements. Parker asked about the 7/25 runway and its obstructions. Tharp noted that this runway had previously went through an obstruction mitigation project during the time it was lengthened. Keitel asked about the change in classification to the runway. Underwood responded by stating that the "C" aircraft classification shows aircraft that are faster on approach as compared to be "B" aircraft. She stated the FAA uses 500 operations by an aircraft category to provide design dimensions for the runway. Underwood stated that changing the classification doesn't change who's able to use the runway. Keitel asked how long these changes would be in effect for, Underwood responded that the life of the master plan. Porter asked what was required from the board. Tharp stated they need a recommendation to approve the changes from the Commission. This would send the code changes to the City Council. Hartwig asked if there was further discussion, hearing none, asked for a motion to recommend approval of the changes. c. Consider a motion to recommend to City Council to adopt Airport Zoning Code changes: Keitel moved, Seconded by Parker. Motion carried 5-0 ADJOURN: Ogren motioned to adjourn, seconded by Keitel. Motion Carried 5-0; Meeting adjourned at 12:08 P.M. CHAIRPERSON ja DATE Airport Zoning Commission September 6, 2019 Page 3 Airport Zoning Commission ATTENDANCE RECORD 2019 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o m NAME EXP. Nom► O Dennis Keitei 12/31/2023 O X X Christine Ogren 12/31/2021 X X X Mike Parker 12/31/2022 X X X Royceann Porter 12/31/2020 X O X Randy Hartwig 12/31/2024 NM NM X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Item Number: 6.d. AW1I Q- CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Community Police Review Board: September 24 FINAL/APPROVED COMMUNITY POLICE REVIEW BOARD MINUTES — September 24, 2019 CALL TO ORDER: Vice -Chair Monique Galpin called the meeting to order at 5:33 p.m. MEMBERS PRESENT: Sam Conaway, Latisha McDaniel, David Selmer, Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Patrick Ford, Staff Chris Olney STAFF ABSENT: None OTHERS PRESENT: Legal Counsel Erek Sitting and Iowa City Police Captain Bill Campbell RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Townsend, seconded by Selmer, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 08/13/19 • ICPD General Order 00-01 (Search and Seizure) • ICPD General Order 00-09 (Organization) • ICPD General Order 01-07 (Police Media Relations/Public Information) • ICPD General Order 90-03 (Personal Appearance and Uniform Regulations) Motion carried, 5/0. NEW BUSINESS Select Nominating Committee — Conaway and Selmer volunteered to be on the nominating committee. They will report back to the Board with recommendations for Chair and Vice Chair at the next meeting. OLD BUSINESS City Council Liaison Proposal — Galpin reported Ordinance 19-4804 was voted for final passage at the City Council 9/3/19 meeting, copy of approved ordinance was included in meeting packet. Board discussed amending CPRB By -Laws to include language as written in the memo to City Council dated May 14, 2019. Motion by Townsend, seconded by McDaniel, to amend Section 3 of Article III of the Community Police Review Board Bylaws to read as follows: Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law, the name of the council member appointed by the City Council to serve as the liaison to the Board, and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as deemed appropriate. Motion carried, 5/0. CPRB September 24, 2019 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. FINAL/APPROVED EXECUTIVE SESSION Motion by Conaway, seconded by Townsend to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:42 P.M. REGULAR SESSION Returned to open session at 5:58 P.M. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • October 8, 2019, 5:30 PM, Helling Conference Rm • November 12, 2019, 5:30 PM, Helling Conference Rm • December 10, 2019, 5:30 PM, Helling Conference Rm • January 14, 2020, 5:30 p.m. Helling Conference Rm Conway advised he would be absent for the November meeting. ADJOURNMENT Motion for adjournment by Galpin, seconded by Conaway. Motion carried, 5/0. Meeting adjourned at 6:00 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2018-2019 meetin4r ilatpl KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member TERM 11/13/18 12/11/18 1/8/19 2/20/19 3/12/19 4/9/19 4/29/19 5/14/19 6/11/19 7/11/19 8/13/19 9/10/19 9/24/19 NAME EXP. NO QUORUM (Donald 7/1/19 X X X X X X X X X Icing - Monique 7/1/20 X X X X X X X X X X X Galpin X Orville 7/1/20 X X X X X X X X X X X Townsend X Latisha 7/1/21 O X X O X X X X X O X McDaniel X (David 7/1/21 X O X O X X X X X O X Selmer X Sam 7/1/23 Conaway X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member i CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Library Board of Trustee: August 22 Item Number: 6.e. 123 S. Linn St. • Iowa City, IA 52240 rwrcmn Elsworth Carman • PHow 319356-5200 • rix 319-356-5494 • icpl.org BOARD OF TRUSTEES Minutes of the Regular Meeting August 22, 2019 FINAL APPROVED Members Present: Derek Johnk, Carol Kirsch, Robin Paetzold, Hannah Shultz, Monique Washington. Members Absent: Wesley Beary, John Beasley, Kellee Forkenbrock, Tom Rocklin. Staff Present: Terri Byers, Elsworth Carman, Maeve Clark, Kara Logsden, Anne Mangano, Patty McCarthy, Elyse Miller, Brent Palmer, Jason Paulios, Tyler Tritten. Guests Present: None. Call Meeting to Order. Vice -President Kirsch called the meeting to order at 5:01 pm. Public Discussion. Byers attended the City Council meeting. The hourly to permanent staff conversation continues. Byers signed a side letter that will provide vision care through Delta, with open enrollment to begin in November. Approval of Minutes. The minutes of the July 25, 2019 Regular Meeting of the Library Board of Trustees were reviewed. A motion to approve the Regular Minutes was made by Paetzold and seconded by Johnk. Motion carried 5/0. Items for Discussion/Action. NOBU Budget. Carman said NOBU was a new process to him so he invited Susan Craig to talk with him about it. The NOBU request represents our best estimates; we cannot say with certainty how much things will actually cost. Paetzold asked if we will decrease our revenue stream. Carman said he is hopeful we will not have to do so and will keep the Board updated. Paetzold asked if some of the facility costs could be shared with the City and Carman will talk with the City about some of these items and alternative funding sources. Paetzold wants to be sure that we are fiscally responsible to our donors. Kirsch asked about the appraisal of the art collection. Carman said it is for insurance purposes and to increase the level of our stewardship of the artworks. Johnk asked about the adult changing station. A motion to approve the NOBU budget as presented was made by Johnk and seconded by Washington. Motion carried 5/0. Library Annual Report. Carman said he regretted not asking Craig to report on the first six months of the year. Carman said as we gather more data about the fine -free experience we will report it to the Board. He believes we run the risk of only showing decline if we maintain our traditional statistics. Library work has changed, and our value has not, but some of the statistics do not represent that value. Carman thinks it will be interesting to look at the statistics we would like to keep track of. Paetzold asked about what is included in "Other "income source. In response to a question from Paetzold, Carman said he feels that the County is still paying an appropriate amount for the services they receive. Kirsch asked about the support group at the bottom of the Fact Sheet. McCarthy said it represents the number of donors and does not include in-kind gifts, just financial donors. Kirsch asked about wifi internet use downtown and what is being measured. Palmer said it measures the sessions people connect to wifi. He thinks the change over time is likely more meaningful than the actual number. Kirsch thinks we have a very impressive library. Staff Reports. Director's Report. Carman said that he did not feel that a concrete decision was made vis a vis hourly to permanent, part-time positions but does believe the result is there will be no change to our maintenance positions. Carman is excited to be talking about the next year's budget, and feels more comfortable after speaking with Susan Craig. Departmental budget allocations have been distributed and are underway. Carman said Facilities Services put together some options for our parking situation since we cannot chalk tires anymore. Options are to leave the current signs and hope people abide by them and only enforce the book drop spot, purchase a handheld device to download the City's parking software, etc., install parking meters for ten or twenty minutes and having parking enforce, or get rid of the spots and have a drive through book return. Twenty -minute free meters were mentioned by Paetzold which they have at UIHC. Our Building Manager supported having meters. Carman will ask if the City will be monitoring the meters. Carman also asked the Building Manager about the HVAC unit. All of the current HVACs are on a replacement list and doesn't feel that it needs to move any faster. City Council has declared a climate change/awareness initiative. Each department is to come up with five goals relating to creating a culture of climate action. We have both internal and public facing options, which puts us in a good position to come up with goals for this initiative. This was also reflected in some of the NOBU request. Carman spoke at a VA mental health summit about creating and maintaining inclusive spaces and highlighted the impact libraries have. The Servpro invoice came in just under $8,000. This is a reduced rate because the City has a relationship with the vendor. The trim will be replaced this weekend, and it is estimated to cost $600. Any leftover trim will remain here to be used in the future. No materials were damaged during the entire incident. Departmental Reports: Children's Services. Johnk noticed that year over year more people are finishing the SRP. Kirsch said she was surprised that more people don't finish. Johnk thinks if children knew what the prizes were in advance, they might stick it out. Collection Services. Paetzold asked if we plan to do Kanopy in the future. Kanopy supplements collections (like foreign films or classic films) that we do not have to purchase items. How many people are downloading but not watching. Paetzold asked if there was a way to let patrons know that it costs the library the same amount when they take a quick peek at a movie on Kanopy or watch the whole movie. Paetzold believes these costs will get worse; Mangano agrees. IT. No comments. 2 Development Office. McCarthy distributed the next Eat Out to Read, "Queso for a Cause," on Tuesday, September 24, 2019, from 10:30 and 2:00 pm at Panchero's located on Clinton and Washington Streets. Business Office Annual Report. No comments. Facilities Services Annual Report. No comments. Public Relations Annual Report and FY20 Goals. Kirsch asked about the makeup of the group. The Public Relations Specialist, Graphic Specialist, AV Specialist, Graphics Intern, PR Aide, Web Specialist, and lead Bookmobile staff are the frontline workers. Spotlight on the Collection. No comments. Miscellaneous. No comments. President's Report. None. Announcements from Members. Paetzold mentioned the BYOB program. The City of Literature Book Festival is October 1 through October 6, 2019, and typically need volunteers. Johnk thinks he will gone for the November meeting. Committee Reports. Foundation Members. No meeting. Director Evaluation Committee. Kirsch, Paetzold, Rocklin are the committee members. The director's evaluation will be done in September. The meeting will be closed for the purposes of the evaluation. Communications. None. Disbursements. The MasterCard expenditures for July, 2019 were reviewed. A motion to approve the disbursements for July, 2019 was made by Johnk and seconded by Washington. Motion carried 5/0. Set Agenda Order for September Meeting. Director evaluation. Policy review. Adjournment. A motion to adjourn the meeting was made by Johnk and seconded by Kirsch. Motion carried 5/0. Vice -President Kirsch closed the meeting at 6:14 pm. Respectfully submitted, Elyse Miller 3 Board or Commission: ICPL Board of Trustees ATTENDANCE RECORD 12 Month KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting MeetingDate Name Term Expiration 10/25/18 11/15/18 12/20/18 01/24/19 2/28/19 3/28/19 4/25/19 5/23/19 6/27/19 7/25/19 8/22/19T9/26/19 Diane Baker 6/30/19 x X x X o X X X O/E Off Board Wesley Beary 6/30/21 X X X O/E X O/E X X X X O/E X John Beasley 6/30/21 x x x X X O x x X x O x Kellee Forkenbrock 6/30/23 X X O/E X X X X O/E X X O/E X Janet Freeman 6/30/19 x O/E x x O/E X x x x Off Board Derek Johnk 6/30/25 Not on Board X X Carol Kirsch 6/30/23 X X X X X X X X X O/E X O/E Robin Paetzold 6/30/23 X X x X x O/E X x x X X x Tom Rocklin 6/30/25 Not on Board X x Hannah Shultz 6/30/25 Not on Board X O/E Jay Semel 6/30/19 X X O/E X X X X X X Off Board Monique Washington I 6/30/21 X x o x X O/E x X X XX T x KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting Item Number: 6.f. i CITY OE IOWA CITY www.icgov.org October 15, 2019 ATTACHMENTS: Description Planning and Zoning Commission: September 5 r CITY OF IOWA CITY MEMORANDUM Date: 10/4/2019 To: Mayor and City Council From: Anne Russett, Senior Planner Re: Recommendations from Planning and Zoning Commission By a vote of 6-0 the Commission recommends approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. By a vote of 6-0 the Commission recommends approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. By a vote of 6-0 the Commission recommends approval of SUB19-09, an application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad Additional action (check one) X No further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc MINUTES FINAL PLANNING AND ZONING COMMISSION SEPTEMBER 5, 2019 —7:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Mark Signs, Billie Townsend MEMBERS ABSENT: Max Parson STAFF PRESENT: Sara Hektoen, Anne Russett, Jade Pederson OTHERS PRESENT: Mike Welch, Davis Maxwell RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. By a vote of 6-0 the Commission recommends approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. By a vote of 6-0 the Commission recommends approval of SUB19-09, an application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission September 5, 2019 Page 2 of 15 CASE NOS. ZCA19-03 and REZ19-07: Applicant: Capstone Collegiate Communities, LLC Location: 305 and 315 E. Prentiss Street and 625 S. Gilbert Street a. An application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. (ZCA19-03) b. An application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC). (REZ19-07) Anne Russett introduced Neighborhood Development Services planning intern Jade Peterson who is going to be presenting this case. Peterson stated this item includes two applications. These applications are submitted by Capstone collegiate properties LLC. The first application is for regulating plan amendments to include 625 South Gilbert Street and the Central Crossing Subdistrict, and the second application is for the rezoning of properties at 305 and 315 East Prentiss Street and 625 South Gilbert to Riverfront Crossing Central Crossings. Peterson showed an aerial view of the subject area. Ralston Creek runs along the west of the property and the Iowa State railroad is along the south. Currently on the subject property the land uses include residential, office and intense commercial. The zoning of the site is community commercial and intensive commercial. Similar zoning extends to the south, properties to the west and north are zoned Riverfront Crossings. The applicant is requesting an amendment to the regulating plan that would include 625 South Gilbert Street in the Central Crossing Subdistrict and they're also proposing a rezoning of the subject property to RFC -CX. Peterson added any future development will be subject to the affordable housing requirements since the proposed zoning will be within Riverfront Crossings. The applicant intends to develop an eight -story residential building. A Good Neighbor meeting was held on September 3. Next Peterson showed the development concept that was submitted by the applicant and their statement of intent. It shows an eight -story, 178 dwelling unit building. The building concept would have three lower levels for 259 residential parking spaces, and five upper levels for dwelling units. A bonus height request would need to be submitted for this concept. The requests will be reviewed by the staff form -based code design review committee as well as the City Council. The concept also shows improvements along Ralston Creek and a pedestrian way that connects to South Gilbert Street. Peterson stated the property falls within the downtown and Riverfront Crossings master plan. Moreover, the property falls within two sub districts of the Riverfront Crossings. 625 South Gilbert Street or the southern part of the property is within the Gilbert Subdistrict and the northern portion of the property 305 and 315 East Prentiss Street are within the Central Crossing Subdistrict. The regulating plan amendment asked to include 625 South Gilbert Street as a part of the Central Crossing Subdistrict. Peterson noted the two sub districts have distinctive objectives, regulations and standards that they follow. She showed a table with some of the most Planning and Zoning Commission September 5, 2019 Page 3 of 15 notable differences and similarities between the Central Crossings and Gilbert Subdistricts. As far as land use goes, the two subdistricts are nearly the same and follow the CB -5 zone. The base height maximum is one floor less in the Gilbert Subdistrict then in Central Crossings and the bonus height maximum that can be achieved from bonus height provisions differs by three floors. Staff use two criteria to review the regulating plan amendment and rezoning application. The first is compliance with the Comprehensive plan and the second is compatibility with the existing neighborhood. With regards to the compliance with the Comprehensive Plan to subject property is located in the Downtown and Riverfront Crossings Master Plan, which envisions the site to be redeveloped to allow a mix of residential and commercial uses. Staff used comparisons of the two subdistricts to evaluate the regulating plan amendment application. Peterson showed a table that outlines objectives and development character of the two subdistricts. The Central Crossing Subdistrict is more focused on residential development to address the need for housing close to downtown. The Gilbert Subdistrict is mostly built out to the north of the railroad and envisions that area south of the railroad to redevelop at a lower intensity. In terms of scale and intensity of use the Central Crossings wishes to maintain moderate scale, while Gilbert wants to maintain smaller scale south of the railroad. Both subdistricts have objectives to restore enhance conditions along Ralston Creek. Staff is proposing a condition to this rezoning that requires improvements to be made along Ralston Creek that will encourage having the creek as asset as well as fulfill an objective of the District Plan. The condition will require improvements including the removal of invasive species, stream bank stabilization and tree planting. Peterson stated the second review criteria that staff uses to review this application is compatibility with existing neighborhood. The surrounding neighborhood has residential multi- story buildings to the north, east and west of the project site, a raised railroad and an overpass are to the immediate south. Massing studies were submitted by the applicant and their statement of intent and these studies show what an eight -story building would look like on the site from the street view. Since the site has a lower elevation, the scale of the proposed building is similar to the surrounding multi -story buildings. Peterson showed images that were submitted by the applicant and their massing study. One shows a view looking southeast from the Dubuque and Prentiss Streets intersection. Another image shows a view looking north on South Gilbert. Additional images that were submitted, looking south from the RISE and looking west from the Prentiss and Gilbert Street intersection. Next Peterson discussed traffic implications and access, the access on East Prentiss as shown on the concept plan is actually private property belonging to the adjacent property owner and an access agreement will be needed with the adjacent owner in order to utilize the access. In the case that an access agreement cannot be achieved, alternative access will need to be identified during design review. Staff is proposing conditions to be attached to the rezoning that are related to access and traffic. One of the conditions addresses the need for the enhancement of pedestrian infrastructure along South Gilbert Street. The condition requires dedication of right-of- way along the southern property line to allow the City to reconfigure the sidewalk. This will allow an additional buffer between pedestrians and vehicle traffic. Condition two requires provision of an access easement from manhole for a trunk sewer located near the southwest corner of the subject property. Condition three requires the provision of an access easement for a sanitary sewer line that runs through the old Maiden Lane right-of-way located in the southeast portion of the property. Planning and Zoning Commission September 5, 2019 Page 4 of 15 Peterson noted Ralston Creek is an environmentally sensitive area and borders the property to the west. Any development on this site requires a 30 -foot buffer from the Ralston Creek floodway. A sensitive area site plan will need to be submitted for any development on the subject property. The Ralston Creek 100 and 500 year floodplains both cover some of the property. Because of this, any development needs to comply with the City's floodplain management regulations. Flood proofing requirement and minimum floor elevations will be determined during site plan and building plan review. As far as the stormwater management of the site goes, staff believes that it will be handled by the existing storm water infrastructure which staff believes is sufficient, but further analysis will be made at the site plan stage. Peterson stated the role of the Commission for this case is to determine whether the rezoning and regulating plan amendment complies with a Comprehensive Plan and is compatible with the existing neighborhood character. Next steps pending Planning and Zoning Commission recommendation of approval this case will go to a public hearing at City Council and pending City Council approval the applicant can submit a height bonus request. Staff recommends approval of ZCA19-03, an amendment to the River Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossings Subdistrict. Staff also recommends approval of REZ19-07 a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial and Community Commercial to Riverfront Crossings Central Crossings, and this will be subject to the following conditions. 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Hensch asked if the property adjacent immediately west of the property along Ralston Creek that the Commission rezoned some months ago has the same conditions on that property regarding Ralston Creek as being placed on this property. Russett confirmed they did carry that same condition forward to this rezoning. Hensch also noted because there's quite a severe elevation change from Dubuque Street and Gilbert Street and then going down Prentiss Street and wondered what are those elevation changes? If they are talking about a bonus height of how far down that the area already is just by the topography? Russett is not aware of the elevation changes, but perhaps the applicant might have some information on that. Dyer asked if Staff found out about the affordable housing in Riverfront Crossings. Russett replied she did look into that and has an update. Since the Riverfront Crossings form -based code was adopted through various development projects, the City has required that 94 units be affordable within the Riverfront Crossings District and so far 60 of those units have been built. In terms of the fee in lieu paid, there were two projects that provided a fee in lieu and the total that Planning and Zoning Commission September 5, 2019 Page 5 of 15 City has in the pot for affordable housing is just over $808,000 and that money does need to be spent within River -front Crossings. Martin asked of the 60 units, how many are occupied? Russett will have to look into that. Hensch asked if the number of built units includes the Delray development (the one right on the railroad tracks on Dubuque, by the other Hodge properties). Russett said it does not. Hensch noted the number of units will go up quite a bit. Baker asked at what point in the process, and who's responsible for approving the final exterior design? Russett stated it is addressed during the design review phase so the applicant after the rezoning would submit a design review application to staff and they would review that. In this case, since the applicant is requesting a bonus height, it has to go to the City Council for final review and approval. Baker also asked about the pedestrian walkways, and who's responsible for maintaining that now and in the future? Russett noted it is a right-of-way so it's the city's responsibility. Hektoen stated the adjacent property owners maintain the sidewalk, by state law, adjacent property owners are responsible for maintaining the sidewalk. Baker stated he has a personal concern when you look at sidewalks like this, that have no buffer between the street and the edge of the sidewalk, there needs to be some sort of railing or something there and who's responsible for that? Russett stated that's the same concern that staff has so that's why they are requesting that the applicant provide additional right-of-way in that area, because the City's hope is that eventually the sidewalk will go behind the bridge abutment to provide a buffer between the pedestrian and vehicle traffic instead of in front of the bridge abutment as it is currently. The City would eventually be re-routing that sidewalk but it's not something that is funded at this point. Baker noted there will be an increase in the population down there and it just seems like that the City should at least install a temporary railing, some sort of buffer there to coincide with the completion of the project, even though the City will change the location of the sidewalk eventually. Baker noted the City has this problem over on Riverside as well and he doesn't want to see it cropping up more and more. Hensch asked about the condition regarding the steam bank stabilization, including necessary grading in addition of riprap, does the City specify the riprap because he would hate to see a bunch of broken up concrete. Hektoen said Public Works will review the plans and approve the materials. Hensch opened the public hearing. Mike Welch (Axiom Consultants) is representing Capstone Collegiate Communities. Additionally, Davis Maxwell is here with Capstone tonight. Welch started by saying they held a good neighbor meeting, and with a much lower turnout, as you can imagine most of the properties within that 200 foot radius are rental properties. Most of the building owners and property owners are other developers in the area, so they are aware of the project and don't have any concerns. With regards to item A, the regulation plan change, he wanted to make a couple of points. First the South Gilbert district extends up Gilbert, which makes sense until you look at these three properties and you see that the property 625 Gilbert Street is bordered on the south by the tracks and on the west by Ralston Creek and really does seem to fit in the intent of Central Crossings Planning and Zoning Commission September 5, 2019 Page 6 of 15 more with the residential. He also thinks the Clark building, that's the little to the east is also residential. Therefore it seemed that moving that into Central Crossings District just seemed to make sense as the railroad tracks are a natural buffer there. Additionally in the design and in the concept plan at this point, they aren't planning to have any frontage access off South Gilbert. There currently is a shared driveway and the property line splits the center of the driveway, that will be maintained but not a primary access point for the proposed building. They are in favor of the condition for the additional right-of-way to give the Cty the option in the future to reroute the sidewalk. Welch continued on with item B and stated two years ago on when Davis came and wanted to do this project, it was a really exciting project for the neighborhood. It became apparent while working through the Riverfront Crossings Code they would have to do height bonus. Since they don't meet the student housing because they are not close enough to campus there's a bunch of those bonuses that aren't available, so the one that that became available to them was public art, which gets them one floor. The others were the LEED credits and this project is really tailored for those. Welch didn't get into too many details because that will happen at design review and height bonus review. However he shared Capstone will do as part of their project energy efficiency, sustainability, because they own the buildings for the long haul. They're not building it, to sell it, they're building it to own it and so they have a vested interest in in that long-term performance of the building and for their tenants. The other part that that is exciting is Ralston Creek and we really see Ralston critique as an opportunity to create another amenity that helps separate them from the other properties in the area. We are interested in working with staff and the City to see how they can make Ralston Creek more accessible to the public. One item that was on that site plan is a proposed connection from Gilbert Street around the south side of the building and up to Ralston Creek. Not only is that a nice feature on the site, but if someone is walking on Gilbert Street it gives them a way to kind of cut through and avoid going up and over the hill on Prentiss Street there. Regarding the comment about riprap, unfortunately, they are involved in the project on the west side and that is the route that they intend to go again. In the statement of intent, there is a kind of a rendering or a cross section in there that the landscape architect on the team helped them put together. It is a pretty ambitious goal but it is the direction they want to go and really creating a natural kind of inviting area if there's space. Right now they are working with some floodplain buffers and some stormwater retention and mitigation measures in there. Welch also pointed out it is important to understand is the massing of this building and how it fits in that neighborhood. He does not have the exact elevation difference, but recalls from the Prentiss Street Bridge to the intersection of Dubuque and Prentiss there is likely a 25 to 30 feet elevation change there. Hensch stated a slide of that information would be very effective because the massing concepts are really good but to be able to illustrate that that difference of elevation, because that's like two and a half floors would be helpful. Welch noted in that statement of intent on page nine, there is a schematic section that cuts down Prentiss Street there. There is 620 Dubuque, which is the highest building on the corner of Dubuque and Prentiss and the elevation of the top at 736, that's the height of the eve on that Planning and Zoning Commission September 5, 2019 Page 7 of 15 building. 225 Prentiss, which is the one that's currently being built on the west side of Ralston will be at 710. With the building they are proposing at the top of that eighth floor it would be around 742. So they are only six feet above the building on Dubuque Street even though they eight floors instead the four they have from grade. The other image worth noting is the view from The Rise from that corner at Court and Linn and you look at it and you don't see a building, you just see trees. It's just kind of sticking out above the trees back there. Again, it's one of those that that as you get further away, you really can't see the building. Welch concluded by stating the conditions seem acceptable. The only one they may need to work with the City on is the sewer easements, just depending on the building, it could be an easement or a realignment might be necessary to make that work. Welch is comfortable they can work that out with staff during the design process to address. Hensch stated when he walked and drove through that area it looks like virtually anything you do will decrease the amount of impervious surfaces in there. Is that your estimation? Welch replied that yes, they are working with the Clarks to get that access easement off of the alley and in doing so would get rid of that long curb cut in front of the City Electric building that's there now. That would then be a more typical street, grass or vegetated parkway of some kind, and then sidewalk. They haven't really looked at the landscaping on the north side of the proposed building, but there'll be an opportunity there for enhancing the streetscape will be an improvement for what's there today. Hensch asked if they had developed a new preliminary estimation of which level of LEED they will use, silver, gold, platinum? Welch stated any LEED certification no matter what level you go to ends up being a pricey process. For a residential building, you don't really see a return on investment from spending the money to get this certification however they will incorporate the same principles of LEED and use the LEED prerequisites and checklist to guide the design and incorporate those items. They we will not be pursuing a LEED certification. Dyer noted the applicant is asking for a bonus based on LEED. Welch confirmed that is correct, but to clarify the way the Code reads is you can still get the credit by doing the items and verifying that the items are done without going through the LEED certification process through the Green Building Council. Russett confirmed for the bonus height, it's called the LEED bonus height, but certification is not required. And it also talks about environmental aspects that could be made to the project and the applicant is also proposing those improvements along Ralston Creek. So there is some flexibility in options that could be incorporated that relate to energy and sustainability and the environment in that bonus height option. Dyer asked then if the City will really test for LEED qualities, will they do blower door tests and other things to verify that LEED standards have been met. Hektoen said with the Chauncey the City had their architect provide us with a certification saying this meets all of these standards and it was constructed in accordance with these plans. The City relied upon their experts. Dyer believes if they are getting a bonus then the city should take some responsibility. Hekteon stated that inspections are done, but the City doesn't have the same kind of expertise on staff to do the kind of work that the architects and the engineers. Dyer asked why the project had to have a height bonus. Welch responded it was the economics of the of the property to meet the parking requirements on site to get the density that justifies the Planning and Zoning Commission September 5, 2019 Page 8 of 15 land cost and the building cost. The other option would be to redevelop as a standalone building with surface parking, that wouldn't be the best use for a property that's 1200 feet from campus and close to downtown. Dyer asked if they considered keeping the Gilbert Street designation for Riverfront Crossings so that that part would be lower? Because the point on Gilbert Street is to have lower buildings? Welch said they did look at that, but there is a step back on Gilbert Street and so your kind of back behind that railroad abutment before you get to the full height of the building. Welch stated as you as you look at that transition the railroad tracks on South Gilbert makes that area a natural transition. The trees will screen and soften the height of the building there as well. Dyer noted along Gilbert Street it will still be eight stories and an alternative would be to accept the Gilbert Street District requirements for the part of the building that faces Gilbert Street. Davis Maxwell (Capstone Collegiate Communities, LLC) stated as a student housing development company, they do business all over the country. This is one market that they are very interested in to provide quality housing for the students who attend the University of Iowa, but also anybody can live here as well. It's not solely for the students at the University of Iowa, that's just target market. Hensch asked if this was their first foray into the Iowa City Market? Maxwell replied it was Dyer asked what is their intent with regard to affordable housing? Will they have it in their building? Maxwell stated they are currently marketing roughly 10% of the units to be affordable. Hensch closed the public hearing. Signs moved to recommend approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. Additionally, Signs moved to recommend approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Townsend seconded the motions. Planning and Zoning Commission September 5, 2019 Page 9 of 15 Hensch acknowledged kudos to Axiom because of their very nicely structured and comprehensive report that he believes made it very easy to understand things. It was very nice to see those massing concepts, because that is always an issue. He is also very pleased to see that we're turning Ralston Creek into being treated as more than just a drainage ditch, get it back to be treated as a natural resource, which of course is an element of this whole area. He acknowledged there's a lot of issues with height but given the change in elevation it is really going to help mitigate the appearance of mass for this project. And then the higher elevation on Gilbert Street right next to the railroad tracks looking up from the sidewalk on Gilbert Street, looking up to those railroad tracks, it's pretty substantial up there, then that helped, again, would create that illusion of mitigation for that height. So he thinks those are some just features in that area that really soften the mass and scale of the building. Overall it's an improvement and currently there are too many impervious surfaces in the area, so anything done will improve that. Hensch is in favor and will support this application. Signs agrees and doesn't have any problem with the height in the scheme of things. He hears Dyer's concerned about Gilbert Street, but he drives that route every day and never look at that space, he's always looking at the curb going north. Dyer noted that part is intended for pedestrians to not have the sense of a big mass right next to them. One concern she has is blocking the light to the apartment building that's on the corner of Prentiss and Gilbert Street and hope there's something other than a flat glass wall to look at. Dyer also noted her continued frustration that they don't see any building designs and they don't know what little what it will look like. Hensch also appreciated that a good neighbor meeting was held. He wants to recognize people who do that because he thinks that is the spirit of the commission and they hope for community input. Townsend stated she is very pleased to hear that they are going to have the affordable housing piece in there and not pay the fee in lieu, she thinks that's very important for that area. Dyer asked if it would be possible to amend that fifth condition to make it that the affordable housing is on site and not make it an option? Hensch asked isn't it by Code that they have the option of either the number of units or the fee in lieu of because the fee in lieu of has to be spent and Riverfront Crossings? So the actual effect will be the same over time? Hektoen confirmed that and also noted technically speaking, this is a code requirement. We included in the list of conditions just so the applicant is reminded of that obligation. It is not necessary to include it as a condition of the rezoning. The code allows for these various options because a lot of times the applicants don't have their plans fully fleshed out at this stage and that's that was the rationale between allowing these different options. Dyer asked if for this project could it be limited to take out the option. One concern she has is this is pretty close to campus and fees in lieu could be spent way down at the other end by Highway Six, which is a lot different location, it's like half a mile farther away from campus. Signs shares that concern in general however the developer indicated his intent was to have on site affordable housing. Would you have any problem with us taking out the fee in lieu part of that of that clause? Hektoen said it is difficult for the Commission to go down that path without Planning and Zoning Commission September 5, 2019 Page 10 of 15 further analysis of what actually distinguishes this from any other property in the Riverfront Crossings. As you guys know the conditions imposed on rezoning are supposed to meet public needs that are generated by this rezoning. The City has established the affordable housing requirements for the entire Riverfront Crossings area and ordinances been passed that allow the fee to be spent anywhere in the Riverfront Crossings area not just in each subdistrict so without further analysis of the uniqueness of this situation, she cautions the Commission against deviating from the existing structure. A vote was taken and the motion passed 6-0. CASE NO. SUB19-09: Applicant: The Governor Group, LLC Location: South of Southgate Avenue between S. Gilbert Street and the Crandic Railroad An application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad. Russet began the staff report showing a map of the location of the property. It is located on South Gilbert Street just south of Southgate Avenue and then the CRANDIC is the eastern boundary of the site. The area is all zone CI -1. In terms of the background on this application, there's one existing building on the proposed lot one and the subdivision will allow new commercial development on lot two. The applicant chose not to use the good neighbor policy for this subdivision. In terms of the Comprehensive Plan, both the Comprehensive Plan in the South District Plan identified this as appropriate for commercial development. Russett showed a map of the plat. There are two proposed lots one and two, and then to the south there's outlot A which will be used for stormwater management. There's also wetlands in that outlot. In terms of transportation, the property is accessed via South Gilbert and Southgate Avenue. There's an existing sidewalk along South Gilbert and the preliminary plat shows proposed sidewalks along Southgate Avenue. There's also bus service to this site. The property is within the floodplain. The entire property is located within the 500 year flood plain and most of the property is within the 100 year flood plain. The developer plans to fill this entire site to the 100 year flood plain elevation and any development would need to comply with the city's floodplain management ordinance. As mentioned there are wetlands on the site, there's a total of 0.08 acres of wetlands, all at the southern part of the project site within outlet A. The sensitive areas ordinance does require a 100 foot buffer from all wetlands but also provides an option for reducing that buffer through buffer averaging. The applicant has proposed buffer averaging to decrease the buffer by 50 feet around one wetland located at the north eastern portion of the preliminary plat. The applicant has proposed to remove around 2500 square feet of that buffer and add an additional 16,792 square feet of buffer around the larger wetlands to the southwest of the preliminary plat. The buffer is being requested because the combined size of the wetlands is less than 1/10th of an acre and the buffer averaging would increase the size of the buffer around the majority of wetlands. Also, the wetlands are not buffered to the east because the CRANDIC railroad is on the east side. Also the reduced buffer is on the opposite bank of the drainage ditch and outside Planning and Zoning Commission September 5, 2019 Page 11 of 15 of the grading limits. The applicant also proposed a storm water detention basin within the buffer area and this is allowed as the sensitive areas ordinance does allow storm water detention facilities in these buffer areas. Construction activity within outlot A shall be limited to construction of the stormwater retention basin. There will also be a silt fence installed to provide erosion control and avoid disturbance of the wetlands. There was also a potential for archaeological resources on this site, a phase one study was completed and it concluded that no further investigation was recommended. In the staff report that was submitted to the Commission the stormwater management is originally listed as a deficiency but Public Works Department has reviewed some changes made to the stormwater plans and they have approved the preliminary stormwater management plan so that is no longer a deficiency. The role of the Commission in the review of a preliminary plan is to review it to see if the plat complies with our subdivision regulations and other applicable codes as well as the Comprehensive Plan Next steps, after a recommendation of approval from the Commission, the Council will review the preliminary plan and sensitive areas development plan and then the applicant would be able to submit a final plat application and final sensitive areas development plan. Staff does recommend approval of SUB19-09 an application submitted by the Governor Group LLC for a preliminary plat and sensitive areas development plan for the South Gilbert commercial development subdivision. A two lot 7.06 acre commercial subdivision located south of Southgate Avenue between South Gilbert Street and Crandic railroad. Signs asked if there was a building on the site. Russett said there is on lot one, she believes it is under construction right now. Signs asked if that is that like getting the cart before the horse? Russett said they were able to submit a site plan for the site, even without the subdivision, now they want to sell off lot 2 so they needed to subdivided. Hensch opened the public hearing. Mike Welch (Axiom Consultants) is representing the Governor Group. Regarding fill on this site, almost the entire property has already been filled above the hundred year flood floodplain over the last like 10 years or so there's just little bits along the perimeter that aren't quite up there most mostly because of sidewalk raids. As part of this project, it will get sidewalk constructed along the south side of Southgate Avenue, that section of sidewalk completed from South Gilbert to the railroad tracks. And then any access from lot two onto South Gilbert would have to go through Public Works comply with access onto an arterial street. Hensch asked about the stormwater area and for clarification on the whole issue. Because they pretty much filled up the whole area there doesn't seem like there could be much left for the wetlands? Welch stated the wetlands go down that east property line along the Crandic, they are actually seep wetlands, which aren't as common, but they're actually up on the railroad embankment, it's where there's waters like seeping out of the railroad embankment and providing the hydrology for those wetlands. Hensch asked if it was coming through from the other side, because that hill. Welch said they didn't really investigate that but would guess is that's where the water is coming from. Typically seen on old railroad grades are those real sluggish kind of drainage channels alongside of them and that's what's creating a lot of the Planning and Zoning Commission September 5, 2019 Page 12 of 15 additional wetlands. Back 10 plus years ago when the Kennedys first started filling this property they did contact the Core and at that time the Core told them that there was no need to do that they weren't going to take jurisdiction so Code didn't apply. And so they filled up to where they filled up. This time and going through the process the Core said yes, there's a connection to the river, so we are going to take jurisdiction, until then we had the wetland investigation done. Hensch stated he presumed they had to do a phase one environmental survey for this. He imagines there were some findings relative to the railroad, with all the creosote and various chemicals thrown on that over the years. Welch confirmed that is correct. They did a phase one environmental survey, but because the railroad is off their property they didn't extend that far. Dyer asked if the wetlands would be maintained or just be swamp. Welch said the basin or the wetlands really will not be changed from what they are now, the grading will stop and those wetlands will remain undisturbed. Hensch closed the public hearing. Baker moved to recommend approval of SUB19-09, an application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, Not commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad. Dyer seconded the motion. Hensch said he has been driving past this area since '93 so wasn't too big fan of the way the fill was thrown in there over the years but is glad to see the area getting developed and the wetlands are going to be protected. Probably smaller than it should have been, but you know things change over times. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: AUGUST 15. 2019 Townsend moved to approve the meeting minutes of August 15 2019. Bakerseconded. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett didn't have any updates. Baker asked about the issue raised earlier in the first item on the agenda about the sidewalks that are just right next to the roadway. What is the understanding of what his concern was and where you're going with it now? Russett stated her understanding was that Baker would like the Planning and Zoning Commission September 5, 2019 Page 13 of 15 City to make the improvement as soon as possible, and if there can be a temporary or short-term remedy to explore that. Baker stated his real concern is bigger. He would like for the City to identify any other locations comparable in the City and work on some sort of remedy. He knows of two or three places in town where the sidewalks are literally, if you miss a step, you're in front of a car. There ought to be some way to protect pedestrians that it's not there now. That ought to be on the City staff agenda somehow. Signs asked if anyone knows an update on the South Riverside underpass tunnel, it was supposed to happen last year. Russett does not know what caused the delay but she knows they are working on it. Should be open next spring or summer. Hensch noted the estimated price tag for the South Riverside one is a million dollars. Hektoen said acquiring property from the railroad is never an easy task. Signs noted they seem to be bumping into this affordable housing on site versus fee in lieu issue quite often it's something that the Commission is concerned about. What, if anything can be done? Can this commission forward a recommendation to Council to make a change or how what kind of process would happen if we wanted to put our toes in the water? Hektoen said the Commission has the authority to initiate rezoning and that's what it would be, an amendment to the Code. Hensch thinks it is a very difficult issue because frankly, he thinks sometimes the fee in lieu of is a more efficient way to address this, to leverage that money using Iowa Finance Authority money to get way more affordable housing units. He thinks it's more complicated than it just sounds. Signs agrees they would want to get more information. He feels it flies against the intent of trying to scatter these units throughout the community, in this case the Riverfront Crossings neighborhood, and you potentially get a building full of just these units and that's not always a positive thing in the long run. The other problem he's had with it since day one is the fee in lieu amount does not build a unit. The amount is not enough to build a unit. The fee in lieu is somewhere in the high $80,000 and the City has paid $200,000 for several units in town and so he has a problem with the with that disconnect. Hensch asked about Riverfront Crossings, noting when that consultant was here they spoke about reducing the number of subdistricts, is that on some kind of a timeline or que? Russett said in terms of next steps on that they want to discuss the consultants recommendations with the Council. And then ultimately staff will be taking amendments forward for the Riverfront Crossings form -based code. Dyer asked if the amendments would address concerns raised regarding bonus height. Russett noted the consultants concern is the way the Code is structured, like in Central Crossings, it appears that the maximum height is four stories but if you dig down in the Code more than you realize you can get a bonus height for eight and the consultant thinks that information should be up front on the map that says the base height is four and with height bonuses as you can get up to eight, it should be more transparent. Adjournment: Baker moved to adjourn. Signs seconded. Planning and Zoning Commission September 5, 2019 Page 14 of 15 A vote was taken and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 617 6/21 7/5 8/16 916 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS, ANN X X X X X O/E X X X -- -- -- -- -- -- -- -- X O/E X HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X XInn= X O/E PARSONS, MAX X X X X X X X X X X X O/E X X -- -- X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E -- -- -- -- `-- -- -- -- `-- --TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 616 6/20 7118 8/15 9/5 BAKER, LARRY X X X X X X X O/E X X X X X 4 DYER, CAROLYN O/E X X X X X X O/E X X X X X FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X X O/E X X X MARTIN, PHOEBE X O/E X X X O/E X X X X O/E O/E X PARSONS, MAX X X X X X X X X X X X X O/E SIGNS, MARK X X X X X O/E X X X X O/E X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X X X 1 X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member