HomeMy WebLinkAboutPZ Agenda Packet 5.18.2022PLANNING AND ZONING COMMISSION
Wednesday, May 18, 2022
Formal Meeting – 6:00 PM
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
Agenda:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
Development Items
4. Case No. CREZ22-0001
Location: 5010 American Legion Road, Unincorporated Johnson County
An application for a conditional use permit to allow an accessory dwelling unit on
approximately 40,000 square feet of land zoned County Residential (R) in unincorporated
Johnson County within the City’s growth area.
5. Consideration Meeting Minutes: May 4, 2022
6. Planning and Zoning Information
7. Adjournment
If you will need disability-related accommodations to participate in this meeting, please contact
Anne Russett, Urban Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests
are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: June 1 / June 15 / July 6
Informal: Scheduled as needed.
Date: May 18, 2022
To: Planning and Zoning Commission
From: Parker Walsh, Associate Planner, Neighborhood & Development Services
Re: CREZ22-0001 Conditional Use Permit for 5010 American Legion Road in
Unincorporated Johnson County
Background Information:
Jacob Mangold has submitted a conditional use permit application to the Johnson County Board
of Adjustment for the allowance of an accessory dwelling unit located at 5010 American Legion
Road, in unincorporated Johnson County. The subject property is located within in the
City/County Fringe Area. The Johnson County Unified Development Code requires that cities be
allowed to review conditional use permits within their extraterritorial jurisdiction (the area
covered by the City/County Fringe Area Agreement).
It is the role of the Planning and Zoning Commission to make a recommendation on the
conditional use permit to the City Council. The City Council will then make a recommendation to
the Johnson County Board of Adjustment. Conditional use permits in Johnson County require a
4/5 majority vote of the Board of Adjustment to approve if the use is opposed by a vote of the
City Council.
The subject property is zoned County Residential (R). Adjacent properties to the immediate
north, east, south and west are also zoned County Residential (R).
Proposed Land Use:
The applicant has requested to add an accessory dwelling unit to the existing single-family
home at 5010 American Legion Road. The additional unit is proposed to have one bedroom.
The proposed plans also show a garage addition with two parking spaces.
Analysis:
When reviewing applications for property located outside Iowa City corporate limits, staff relies
on the policies outlined in the Fringe Area Agreement. The Fringe Area Agreement is a
component of the City’s Comprehensive Plan and applies to areas not specifically planned for in
the City’s Comprehensive Plan. The Fringe Area Agreement is intended to provide guidance
regarding the development of land located within two miles of Iowa City’s corporate limits. The
agreement’s slated purpose is to provide for orderly and efficient development patterns
appropriate to non-urbanized areas, protect and preserve the fringe area’s natural resources
and environmentally sensitive features, direct development to areas with physical characteristics
which can accommodate development, and effectively and economically provide services for
future growth and development.
The subject property is located outside of the City’s growth area. According to the Johnson
County Future Land Use Map, the subject property is designated residential. The addition of an
accessory dwelling unit to 5010 American Legion Road would remain a compatible use for the
subject property as identified in the Johnson County Future Land Use Map. The proposed
addition would remain consistent with the intended development pattern of the Future Land Use
Map and the Fringe Area Agreement.
May 13, 2022
Page 2
Staff Recommendation:
Staff recommends approval of CREZ22-0001, an application submitted for a County conditional
use permit for the addition of an accessory dwelling unit at 5010 American Legion Road.
Attachments:
1. Location Map
3. Fringe Area Map
4. Application Information
Approved by: ________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator,
Department of Neighborhood and Development Services
AMERICAN LEGION RD SE
CREZ22-00015010 American Legion Roadµ
0 0.01 0.020.005 Miles Prepared By: Parker WalshDate Prepared: May 2022
An application submitted by Jacob Mangold for a conditional use permit for the addition of a one bedroom accessory dwelling unit and garage located at 5010 American Legion Road.
AMERICAN LEGION RD SE
Johnson County PD & S
CREZ22-00015010 American Legion Roadµ
0 0.01 0.020.005 Miles Prepared By: Parker WalshDate Prepared: May 2022
An application submitted by Jacob Mangold for a conditional use permit for the addition of a one bedroom accessory dwelling unit and garage located at 5010 American Legion Road.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MAY 4, 2022 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Maria Padron, Mark
Signs, Billie Townsend
MEMBERS ABSENT: Mark Nolte
STAFF PRESENT: Sara Hektoen, Danielle Sitzman, Parker Walsh
OTHERS PRESENT: Chris Pose, Mike Pugh, Steve Gordon, Brian Vogel
RECOMMENDATIONS TO COUNCIL:
By a vote of 6-0 the Commission recommends approval of REZ22-0005, an application to rezone
approximately 4.7 acres of land south of Lehman Ave and west of the Sycamore Greenway to
the Neighborhood Public (P-1) zone, subject to the following conditions:
1. The extension of Lehmann Avenue to access the eventual easement to the property.
2. Finalizing the outline of the location via an auditor's plat of survey.
3. Prior to site plan approval the owner demonstrating to the City that it has the vehicular
access to the subject property from that Lehmann Avenue extension, which may be in the
form of a temporary public access easement agreement, which shall be released upon
dedication of a right-of-way when the servient land is final platted. Such access shall be
in a location approved by the City Engineer and in a form provide the City Attorney's
office that would add that the easement may be limited to the purpose of using the land
for a basic utility use for so long as the land is used for that purpose. For that purpose, if it
is sold to a public entity for another use allowed in the zone, then the purpose shall be for
public access.
With the amendment of striking the word public out of the staff recommendation third
condition.
By a vote of 6-0 the Commission recommends denial of an application submitted by
MidAmerican Energy Company for a County conditional use permit to allow for an electrical
substation located north of Kountry Ln and west of the Sycamore Greenway in unincorporated
Johnson County.
The Johnson County Board of Adjustment is the ultimate decision maker regarding County
conditional use permits. Therefore, if they approve the application, staff recommends the
approval include the following conditions:
1. Dedication of the extension of the Soccer Park Rd right-of-way to the City of Iowa City
subject to review and approval of construction drawings by the City Engineer and in a fee
simple form subject to review and approval by the City Attorney’s Office.
2. City review of the site plan per the City/County Fringe Area Agreement and to ensure the
location of the transmission lines do not impact the trail network and are located on the
north side for the portion that runs along the Lehman Ave right-of-way.
Planning and Zoning Commission
May 4, 2022
Page 2 of 17
By a vote of 6-0 the Commission recommends approval of SUB22-0002, an application
submitted by Hall and Hall Engineers for a Preliminary Plat and Sensitive Areas Development
Plan for Sandhill Estates – Part 5, an 18-lot, 8.88-acre residential subdivision located south of
Wetherby Park and east of Covered Wagon Drive.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
Hensch noted he was requested to reorder the agenda items and transpose items four and five,
there were no objections from other Commissioners.
CASE NO. REZ22-0005:
Location: South of Lehman Avenue
An application for a rezoning of approximately 4.7 acres of land from Interim Development Multi-
Family Residential (ID-RM) to Neighborhood Public Zone (P-1).
Sitzman began the staff report showing the general location of the rezoning noting it's an
application on behalf of MidAmerican Energy to find a place for electrical substation and this is a
request to rezone land in the City from an interim zoning designation to a public zoning
designation for that purpose. The location is south of Lehmann Avenue and west of the
Sycamore Greenway. Sitzman explained an interim zoning district (ID-RM) is essentially a
placeholder default zoning district for land when it comes into the City waiting a final designation
for future development. Basic utilities such as proposed here would not be allowed in the ID-RM
so it does need to be rezone to allow for that. Sitzman pointed out that at the last Planning &
Zoning meeting they considered a zoning code text amendment altering what uses can be in a
P-1 zone. This rezoning would use that code change, and this would be a valid zoning request
for that land.
When staff reviews rezoning they look at two main criteria, consistency with the Comprehensive
Plan and compatibility with the existing neighborhood. Sitzman explained in regard to
consistency with the Comprehensive Plan there are several things staff looks at. They look at
future land use plan maps and in the South District Plan and in the Comprehensive Plan this land
is indicated as appropriate for future residential development. The South District Plan itself does
contain the vision of a highly interconnected trail and street network and while the substation
footprint would be large and have an impact on that street network, the form-based code would
still require that network to emerge around the site so staff feels like it still could be compatible.
The Comprehensive Plan has written policies in it dictating growth and infrastructure and guiding
them towards being developed efficient ways serving current development and laying out a well
Planning and Zoning Commission
May 4, 2022
Page 3 of 17
thought out planned infrastructure for future development. This property is located within City
limits and the substation would provide a critical piece of infrastructure to pave the way for future
development in the South District, as long-range plans have all intended to do. Therefore, staff
does find that it is consistent with the Comprehensive Plan. In regards to the other criteria of
compatibility with the existing neighborhood, the proposed development is in a location that has
not yet been developed and is largely surrounded by an undeveloped area. The nearest
residential development is quite a ways away and again, a substation would be important for
future growth and development in the South District planning. The location is near existing
electric transmission lines and adjacent to the City's own public infrastructure, the Wastewater
Treatment Plant. Access to the site will be provided via Lehmann Avenue which would have to
be extended a short distance and would be a condition of this rezoning. Staff feels installing this
proposed substation would be compatible with the neighborhood and installing it prior to the
surrounding neighborhood development would be a good choice considering that those moving
to the area would already be aware of it when they choose to move to this area, rather than
locating it in an area with existing houses and development.
As far as next steps in the land development process, the zoning code amendment text is
currently working its way through the approval process. Per that amendment text a rezoning for
this use would need to go to the Board of Adjustment for a special exception, and then have a
site plan review conducted by staff.
Sitzman noted since the staff report was published a wetland delineation report has been
received and no wetlands were present in the subject property. Also, compliance with the City's
stormwater management ordinance will be determined when the staff review of site plan occurs
and any need to provide easements for stormwater or on-site detention would be addressed at
that point.
The applicant did not choose to hold a good neighbor meeting in this case but did reach out to
surrounding property owners. There was some correspondence received from surrounding
property owners and the response to that from the applicant which was shared with the
Commission at tonight’s meeting.
Based on a review of the relevant criteria, staff does recommend approval of the proposed
rezoning with three conditions.
1. The extension of Lehmann Avenue to access the eventual easement to the property.
2. Finalizing the outline of the location via an auditor's plat of survey.
3. Prior to site plan approval the owner demonstrating to the City that it has the vehicular
access to the subject property from that Lehmann Avenue extension, which may be in the
form of a temporary public access easement agreement, which shall be released upon
dedication of a right-of-way when the servient land is final platted. Such access shall be
in a location approved by the City Engineer and in a form provide the City Attorney's
office that would add that the easement may be limited to the purpose of using the land
for a basic utility use for so long as the land is used for that purpose. For that purpose, if it
Planning and Zoning Commission
May 4, 2022
Page 4 of 17
is sold to a public entity for another use allowed in the zone, then the purpose shall be for
public access.
Hensch asked about the environmentally sensitive areas and noted in the text of the report
there's a notation about possibly containing hydric soils, he asked if that was found not to be
true. Sitzman replied when there are hydric soils staff requests a wetland investigative study.
Staff had concerns but the delineation report came in and indicated there were no wetlands and
therefore no concerns for sensitive areas.
Craig asked if there any images of what this will look like when completed as these concerns
were raised in the correspondence about the wires. Sitzman replied that'd be a great question
for the applicant, she did have an exhibit in the agenda item for the conditional permit use and
brought that up for the Commission to see. The footprint is about the five acres, there would be
infrastructure in the middle of that pad site with the lines coming and going.
Signs asked if the subject property is in the City limits which Sitzman confirmed it is but noted the
one in the next application to the north is not. Signs asked where the south boundary of the
subject property is in relation to the 1000-foot buffer. Sitzman noted it's adjacent to the buffer as
the south border is basically the buffer line.
Hensch opened the public hearing.
Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican
Energy Company. He noted that MidAmerican has been looking for five years to find a substation
site in this area and many of the sites that they had looked at before, including the next item on
the agenda, were around the northerly part of Lehmann Avenue. They were only recently able to
find the site in the south side that is controlled by Mr. Gordon and their attorney Mr. Pugh of
Sycamore LLC and Lake Calvin. When the City let MidAmerican know about the plan for the
buffer park to buffer the sanitary sewer system or sewer treatment plant MidAmerican couldn't
get into the sanitary sewer treatment plant area because the soils that are down there are a little
less conducive to building a substation on it, so they're just on the edge of it and that's why this
particular location was chosen. MidAmerican agrees with the staff recommendation but may
need more explanation to the modification on item three of the staff recommendation, which is
the access easement. The original access easement in the staff recommendation was slated to
be public and MidAmerican had questions about that because this is a single use driveway and
just dead ends into the substation so there'd be no reason for the public to be there. Even if
MidAmerican agreed with that idea, they have to have the owners of the property say that that's
okay and they had some concerns. So MidAmerican can agree with the staff recommendation,
so long as they understand the last modification, and the owners who are here with their
attorney, also agree with that recommendation. With regard to the landscaping and Pleasant
Valley, MidAmerican has met with the owners about this and responded to their letter and told
them that they haven't developed a full landscaping plan for this site yet. But Pose reminded the
Commission from the P-1 ordinance they considered at the last meeting, MidAmerican will have
to go to the Board of Adjustment with this application and it's at that time that the landscaping
plan will be worked out and have also pledged in the email that they plan to work with that
landowner. The landowner is very knowledgeable in landscaping because she was in the
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May 4, 2022
Page 5 of 17
landscape business and MidAmerican has a landscape architect who's also very knowledgeable,
so they will see what they can do that meets agreement with her. Pose would venture to say
they're going to meet and exceed whatever the City's S3 requirements are. He did acknowledge
there are some nuances in the landscaping plan that they'll work through with the neighbor such
as in the area where the transmission line comes in, because what these facilities do is they take
the power from the transmission lines and reduce it down to distribution level to send it out. So,
the area where the lines come into the substation, from the existing transmission line on the west
side, they don't necessarily want a lot of tall trees up there because the more they grow the more
they're going to interfere with those lines. In areas where they don't have lines, they can do a
little better with regard to the height of the trees, but on the west side they're going to have lower
trees and less screening because that's where the big lines will come into the substation. Pose
reiterated they will work with the landowner to the west and that will be meted out in front of the
Board of Adjustment for approval. At this time they need this zoning request so that they can
even ask the Board of Adjustment for approval.
Hensch noted so the minimum standard for screening would be S3 by the zoning code but
MidAmerican is willing to work with the neighbors and comply with whatever the Board of
Adjustment says. Pose confirmed that's correct, they will work with the neighbor prior to the
Board of Adjustment and try to reach agreement on the landscaping plan
Martin asked what the percentage of the land is that will occupy the substation and what's the
buffer between substation bits and border. Pose noted they don't put the fence to the property
line, they want enough buffer land that they can put the landscaping in but wouldn’t say an exact
percentage.
Sitzman showed an image of the layout of the substation that will be discussed in the next
agenda item and Pose noted this substation would be similar just rotated 90 degrees. He also
shared a preliminary landscaping plan. On the west side of the site, where the transmission line
taps will come in from the transmission line to the substation, they show lower trees and bushes
because if those grow up too high they can conflict with the taps. In other areas there will be
taller trees planted. Pose did note there is a debate in the landscape world of the taller the trees
that are planted, the quicker they are to die, whereas the smaller ones that grow up slow, tend to
survive better. However, the landscape people will work that issue out and come to agreement
before they go to the Board of Adjustment.
Craig asked how tall this thing is, the footprint is one thing but how tall is it and what will it look
like from afar. Pose noted it will be similar to the one at Prairie Du Chien and Foster Road. So
it's going to be tall, it needs to be for the four corners that will have lightning shields on it so that
if the substation is struck by lightning it can be absorbed through the four corners, and not in the
equipment. The equipment on the inside isn't overly high but the taps go in, and the four poles
around the corners, those are what give the mass to it on the site. Pose also noted they are
buying 4.7 acres of land and that is a significant piece of property to put this on. He also
reiterated they need this rezoning before they can go to the Board of Adjustment to ask for the
substation, and it is at that point where the issues of size, plans, etc. will be discussed.
Planning and Zoning Commission
May 4, 2022
Page 6 of 17
Pose also noted they need the easement to make this happen so he’d like Mike Pugh,
representing the landowner, to come up and speak about if he agrees with the amendment. One
of the contingencies in the purchase agreement between MidAmerican and Mr. Gordon (who’s
legal counsel is Mr. Pugh) is they want to be sure that the City is going to buy the buffer park to
the south and if they can't get that buffer park purchase worked out in a timely fashion then they
need a drainage easement into that area which the offsite drainage easement overland flow
edge will go right in the little drainage swale to the south. Mr. Pugh’s clients don't care about that
if the City is going to buy it but if the City isn't then MidAmerican will have to look at a plan B, the
other location to be discussed later. These are expensive facilities for a MidAmerican to produce
and they don't like to do them unless they have to and they try to be about every three miles.
Townsend asked if they’ve got 4.7 acres that they're purchasing for this, why isn't that maybe
centered more so that it's not on a property line. Pose replied the advantage of being on the
property line is because the transmission line is already there and if they move it away they have
to extend the transmission line over and would be taking up more usable land that the owners
have for possible development. And then to the east it is getting closer to the City's Greenbelt
Park. MidAmerican’s idea in crowding this to the west side of the property is because that's
where the transmission line is and the closer they are to the transmission line, the better.
Townsend acknowledged that makes sense but still has a problem with the one on Foster Road
and there's also one on North Dodge, both which are right next to houses. Pose noted he is not
familiar with the North Dodge one but the Foster Road one is an interesting story because
MidAmerican owned the land that was across the street on Prairie Du Chien and originally talked
to the City about putting a substation there and City staff said no but that they had just zoned that
land on Foster Road to commercial and a substation would be allowed in commercial zoning.
MidAmerican had to buy the house that was right next door from a family and remove the house,
but they got in before all the construction happened with the other development on Foster Road.
MidAmerican has found all over the City that when they put these things in it doesn't hinder the
development at all, they develop around it. That one is new so the landscaping isn’t as
established at Foster Road yet, but over time it's going to be fully development and be part of the
landscape.
Mike Pugh (425 E Oakdale Blvd, Coralville, IA) is the attorney representing the landowner, which
is Lake Calvin Properties, LLC, and Sycamore Apartments which are affiliated entities. Pugh
wanted to talk specifically about the access easement area. First, the way that flagpole lot is
considered the lane access from Lehmann Avenue, they plan to convey to Mr. Pose’s client the
square portion of that property and the easement area along that lane will be an easement, they
are not going to convey that property to his client, they are going to grant an easement to them
for use for access ingress and egress for their site. The easement being proposed is going to be
temporary, it's going to be for a limited duration, not with a specific ending date in mind. But at
such time that the rest of that property is developed, the area to the north of this site, once that's
developed, the developer will provide public streets to the MidAmerican site and that easement
area then terminates, and access is provided to their site by virtue of a public right-of-way that's
dedicated to the City and no longer owned by the property owner. Pugh stated the reason that's
important is because they anticipate that when they go to develop that site, one of the things
Planning and Zoning Commission
May 4, 2022
Page 7 of 17
that's going to be chief on the staff’s mind at that time is that they provide connectivity to the
property owners to the west in terms of a street grid pattern. Therefore, they didn't want to get
into a situation they were selling property to MidAmerican along the westerly boundary line,
which essentially would prohibit connectivity. This way the idea is that when they go to develop
and provide streets, that easement goes away, and they will provide connectivity through public
right-of-way to the property to the west. The other important thing to remember is it is going to be
an easement, it's not going to be an outright conveyance and that's important to his client
because they're still going to own the ground and still going to own that property. They are just
going to grant access ingress and egress rights to MidAmerican so they can have access to that
site. The third thing is the issue they have with the staff’s recommendation that it's been
recommended that the access easement be public. That's a concern to them because as a
private property owner, it's problematic for them to have the public traversing in and out of their
property. If there happens to be an accident on that property, they're going to get sued as a
property owner, as the fee title owner to that property. As property owners they are not
comfortable with that and there's really no need for the public to have access to the site if
MidAmerican is using it for the purpose that they intend. Pugh did have a conversation with Ms.
Hektoen earlier this afternoon and the more they talked he understood further what the City's
concern was with putting the label public on that access easement, which is if the square part is
zoned public it could potentially be used for other public purposes. In the event of the remote
chance that MidAmerican doesn’t buy this property and it's left not developed and that property
gets sold to another municipality, the City or the County for parks or whatever the case may be,
the City would want to make sure that they had access to the site, just like MidAmerican is going
to have access to the site. Pugh states the way that they can address that is to put that in the
access easement agreement, the right to assign the rights to that easement agreement to a
future owner if the future owner is a municipality or is going to be using that square piece for a
public purpose, other than what MidAmerican intends to use it for. Again, in the very remote
instance of if that square piece is used by the City for a park that there would be access to the
site for that purpose and that can be handled by addressing that in the assignability provisions of
the easement itself. So in reference to the staff recommendations, Pugh does have issue
because it still says temporary public access easement and he thinks it just should be a
temporary access easement with the idea that they will provide for assignability of that easement
if there is another user that uses that site for a public purpose, i.e. probably the County or the
City.
Martin asked is it possible once MidAmerican builds all of that, what’s the likelihood of it going
away. Pugh can't speak for MidAmerican but would say not very likely. Martin likes what Pugh
said about the easement. assignability. She also noted obviously there's a pie in the sky concept
plan happening in the background of what would happen on the rest of development and
wondered how they take into account the safety issues of houses being built next to something
like this substation. Are there any standards of how far away they have to be and what is the
connectivity between homes that go solar and this substation, can they live together in harmony.
Pugh noted he would let Mr. Pose answer that last question because he doesn’t know how that
works with solar power and MidAmerican, but wanted to assure her that as the neighboring
property owner they have the equal concern about screening and lighting and all those other
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May 4, 2022
Page 8 of 17
things, but MidAmerican really undergoes a large effort to fence their properties, screen their
property, and have really a vested interest in keeping people out of that area. That's something if
they ever come before this group for final plat of development of the area one thing they will
need to do is provide access to that site with a public street. It's in the Comprehensive Plan for a
grid pattern street system and so there will be streets to it, but they need to have a sensible
development if they're going to put residential around there that's going to be saleable to the
public.
Martin asked if Mr. Pugh has ever walked by a gigantic power line or walked underneath one.
She noted there is such a buzz, it literally will make people dizzy, but has no idea about the
safety of that. Obviously, there's a ton of houses over there, but that's more of what she is
thinking of in terms of safety, not just the fencing. Pugh will let MidAmerican address that issue
and specific questions of how the wires and lines will be laid out.
Hektoen wanted to clarify the public aspect of that that third recommendation being stricken, it
does also say in a form agreeable to the City Attorney's office so there's going to be some
massaging. But the idea is, as long as it's being used by MidAmerican, it would just be for basic
utility purposes. If for any reason, this deal falls apart and it's used for a more traditional public
use, then it would be a public easement.
Pose noted based on what Hektoen just said, if they take the staff’s recommendation and strike
out the word public from the access easement in item three he is confident that they can work
with that and would agree in full then with the staff recommendation. Mr. Pugh is indicating he
would too, and they will solve this as lawyers, the assignability provisions between Mr. Pugh,
himself, and the City Attorney's office. To answer the questions about solar power, he doesn’t
know for sure how MidAmerican handles solar power, but all of the houses that get built would
have to have an electric distribution connection to them, if they decided to go solar, they might
still want the electric distribution in case it's really cloudy for a week. He doesn’t know how this all
works, but it may reduce their house consumption. If they want solar they'd have to work with the
City on how much solar they can put on their house and work through the zoning regulations for
residential to do that. The people that want solar just wouldn't use as much MidAmerican power.
If someone is using solar then their either reducing their consumption of power that comes into
the house. Pose also addressed the buzzing from power lines noting there are two intensities of
power lines, the higher intensity runs along interstates and then as the lines come into cities and
populated areas they are reduced in intensity. MidAmerican spends a lot of time, energy and
education making sure that it's safe and don't want people playing around in it.
Steve Gordon (4078 Buckingham Lane) is here representing the landowner and has been
working with MidAmerican for quite a while on this as they will be an adjacent landowner. They
looked at their other facilities, looked at the landscape plan, looked at pictures of ones they've
built before and are comfortable and in favor of doing this. They have a purchase agreement
signed and are comfortable with how this will lay out on the site. The fact that it's also right next
to the 1000-foot buffer to the sewer treatment plant was part of this how all this got put together
and makes it the ideal location. There will be development on several sides of it, but on the
south there should not be with that buffer there. Creating the easement will create connectivity.
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May 4, 2022
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Gordon has met with City staff several times and connectivity is important with the new South
District Plan and this was a solution to make sure everything will connect and keep the spirit of
the South District Plan that's recently been adopted.
Hensch closed the public hearing.
Signs moved recommends approval of REZ22-0005, an application to rezone
approximately 4.7 acres of land south of Lehman Ave and west of the Sycamore
Greenway to the Neighborhood Public (P-1) zone, subject to the following conditions:
1. The extension of Lehmann Avenue to access the eventual easement to the property.
2. Finalizing the outline of the location via an auditor's plat of survey.
3. Prior to site plan approval the owner demonstrating to the City that it has the vehicular
access to the subject property from that Lehmann Avenue extension, which may be in
the form of a temporary public access easement agreement, which shall be released
upon dedication of a right-of-way when the servient land is final platted. Such access
shall be in a location approved by the City Engineer and in a form provide the City
Attorney's office that would add that the easement may be limited to the purpose of
using the land for a basic utility use for so long as the land is used for that purpose.
For that purpose, if it is sold to a public entity for another use allowed in the zone,
then the purpose shall be for public access.
With the amendment of striking the word public out of the staff recommendation third
condition.
Townsend seconded the motion.
Hensch agrees with Mr. Gordon as this is an ideal location being close to the sewer plant is
tough. He also really likes the idea that this is getting located first, and then housing can grow
around it and that way everybody is completely purposeful about where they're building and
where they’re choosing to live. He originally had a lot of concerns about the flagpole and the
easement, but then hearing how that's going to be temporary, and then there'll be a right-of-way
from future development he feels very comfortable with that also.
Signs is not terribly concerned about the appearance and thinks MidAmerican does a really good
job of keeping these things clean, partly because they don't want any weeds and trees growing
up in their in their infrastructure. All the sites he’s seen are pretty well maintained and in the
scheme of things in this area, that's probably one of the best places for it.
Craigs agrees with those things and will support this as it's important infrastructure. She just
would have liked to see some images of what it will look like.
Padron is also in favor of this. Regarding the letter, she is happy that they're going to try to work
with the neighbor on landscaping but does understand that some of the requests in the letter
come from an ignorant place of not knowing what will work or what won't work.
Planning and Zoning Commission
May 4, 2022
Page 10 of 17
A vote was taken and the motion passed 6-0.
CASE NO. CREZ21-0004:
Location: North of Kountry Ln and west of Sycamore Greenway, Unincorporated Johnson County
An application for a conditional use permit to allow an electrical substation on approximately
5.82-acres of land zoned County Residential (R) in unincorporated Johnson County within the
City’s growth area.
Sitzman began the staff report showing a layout of the proposed location, nothing this will be
located in the County but this is before the Commission tonight because of the County's
ordinances that require it to come to the City when they have received a conditional use permit.
The property is located in a fringe area growth area so the City does have interest in what occurs
here and appreciates the County giving the City the opportunity to providing comment. As far as
zoning, it is zoned County Residential to the east, north and west but it is abutting City land to
the south which is zoned RM-12. The proposed substation is intended to provide electricity
distribution service to Iowa City South, Central and Downtown Planning Districts so it would
serve the vicinity. As far as the current and future land uses, it's somewhat of a mix of County
undeveloped land and City developed land. It would be in the City’s expected future expansion of
the City, so eventual annexation into the City and developed. It is envisioned to be in the South
District and developed under the new form-based code standards of the neighborhood transect
that was developed as part of the form-based code. As far as the analysis of its situation, the
staff report does go over the proximity to the City's Greenway, which is a greenway park space to
the east, as well as the existing multifamily development. The transmission lines would
completely encircle that residential development. There would be a proposed driveway access to
the substation and Sitzman pointed out on an image how that long driveway access would be
rotated 90 degrees from what was shown in the previous application. The proposed access
would run parallel to a Kountry Ln, which is a private street and would not be a typical street
network alignment that the City would generally approve of and the proposed layout would make
it difficult to integrate eventually into the future South District vision. Sitzman shared an exhibit
showing the transmission lines going to and from the site. The City has been working with the
applicant on a site that the City would consider favorable however, staff doesn't believe this one
would be a favorable site for such development.
As far as next steps, as mentioned this is a County application so the Commission
recommendation goes on to City Council and they eventually recommend to the County Board of
Supervisors. The City would have the ability to look at the site plan if it were to proceed through
the County's process because the fringe area agreement states the City will review sites larger
than two acres, but any other approvals would be through Johnson County.
Staff recommends denial of an application submitted by MidAmerican Energy Company for a
County conditional use permit to allow for an electrical substation located north of Kountry Ln
and west of the Sycamore Greenway in unincorporated Johnson County.
Planning and Zoning Commission
May 4, 2022
Page 11 of 17
The Johnson County Board of Adjustment is the ultimate decision maker regarding County
conditional use permits. Therefore, if they approve the application, staff recommends the
approval include the following conditions:
1. Dedication of the extension of the Soccer Park Rd right-of-way to the City of Iowa City
subject to review and approval of construction drawings by the City Engineer and in a fee
simple form subject to review and approval by the City Attorney’s Office.
2. City review of the site plan per the City/County Fringe Area Agreement and to ensure the
location of the transmission lines do not impact the trail network and are located on the
north side for the portion that runs along the Lehman Ave right-of-way.
Martin asked because the Commission said yes to the other rezoning it appears there would be
no reason to say yes to this one. Sitzman noted the applicant has an application in with the
County and are going to pursue all possibilities until they come to a final decision. Staff wanted
the Commission to be aware of all the applications and would recommend denial of this one as
there's a favorable site elsewhere.
Hensch opened the public hearing.
Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican
Energy Company and noted the staff has outlined it correctly that MidAmerican prefers the first
site to this one but had to keep all their options on the table. Originally, when they started this
years ago, they started looking in various areas for the substation, they needed it to be
somewhere in the area as the transmission lines go through this area. Pose discussed various
sites they looked at, some turned out to be not so good soil, the County had suggestions and
finally they decided on this site. However, this is the backup plan and they understand the staff’s
recommendation of denial. Frankly, Sycamore is not in favor of this either because it's their
apartments that are down there encircled by the transmission line that has to get in.
MidAmerican will have to go to the County Board of Adjustment for approval of this and would
need 4/5 of the Board of Adjustment if the City denied it. Four members out of five have to vote
in favor of it so it would be a tougher road for them to do but still need the City to act on this and
move it forward so that it works as their backup plan and have both of these viable. MidAmerican
needs to get started on building something and that's why they have two sites and they can't
really withdraw this one yet because they had this site first and that landowner wants to know
whether or not this is moving forward. So MidAmerican would ask that the Commission send
both recommendations, both the denial and the alternate, so that it's understood because if they
have to go to the County, they will comply with the alternate recommendations that the City has
asked for, which is making sure that it complies and is reviewed by the City Engineer. Pose
reiterated this site is not their first preference, but they still need the Commission to act on it. He
added part of the reason they have to keep this alive also is because they still have the
contingencies on the south site that they're working through on buying the buffer land, by the
City, from Steve Gordon and his interests, and that's key to the south side actually working. Both
sides have to stay alive for that purpose. Not to influence any of the discussions, but because
they have to find a home for this piece of equipment to go and if for some reason the south site
isn't going to work, they need to go through with this one. These will both go to the City Council
Planning and Zoning Commission
May 4, 2022
Page 12 of 17
at the same time and if approved at City Council, MidAmerican will apply first to the City Board of
Adjustment on the south site and if they can get the approval at the Board of Adjustment on the
south site that'll be the home.
Martin asked why this had to happen simultaneously. Pose replied it's better so that everyone
can see what they have gone through to get this done and that at both sites they're trying to get
done prior to any further City development in this area. Martin asked that they can't exhaust the
first one before they would refocus efforts on a second. Pose replied no, because the timing with
this landowner and the purchase agreements are such that they only have until October on the
site and that's why they want to get through this step. If they go with this option using staff’s
alternate recommendation, they will have to not only go to the City Council, but they'd have to go
through the County Board of Adjustment process and then still have to come back to the City for
all the approval of the transmission lines. That will all take a long time and they don’t want to be
in a position with an October ending purchase agreement on this site, that they haven't even
started the process. Martin asked for reassurance that MidAmerican doesn't want to use both
sites. Pose confirmed there is absolutely zero intent to do two of them. This one is the alternate
plan they only want to do if they have to. City staff doesn't like this site so they helped us come
up with a better site, which was the one in the previous agenda item.
Martin asked if the homeowners have any say at the County level regarding how close this will
be to development. Pose confirmed when they go to the Zoning Board of Adjustment, the County
rules of notifying people apply and they'll be notifying those owners who are to the west of the
site.
Craig noted if the Commission denies this, it still moves forward. Pose confirmed that is correct,
this is moving the process forward, even if they deny it goes to City Council and even if City
Council were to deny it, the County makes the final decision.
Hensch asked if any of the south site neighbors or landowners had objections. Pose noted they
had landowner comments but no objections or opposition. Hensch asked if neighbors to this
County site objected. Pose noted Sycamore Apartments did state they would rather use the City
site to the south, but they also prefer the south site because they are the seller of the property.
Martin asked if the tenants in the apartment buildings are notified and do they get a voice.
Hektoen said they do not have the voice to trigger the supermajority at the council level. Pose
added they did get notified, the City sent them a notice.
Mike Pugh (425 E Oakdale Blvd, Coralville, IA) is the attorney representing the landowner, which
is Lake Calvin Properties, LLC, and Sycamore Apartments which are affiliated entities and are
the property owner of those apartment buildings. There are 130 units in the apartment complex,
and although it's true those leases are typically one year, which is standard for Iowa City, some
of those tenants have been there for decades. There are many reasons articulated in the first
agenda item that show the south site is certainly favorable and he completely appreciates
MidAmerican reasonings for wanting to keep this alive and he doesn’t disagree with that.
However, if the City wants to facilitate the project going on the south side, the Commission would
follow the staff’s recommendation and what they recommend is denial of this particular site. At
Planning and Zoning Commission
May 4, 2022
Page 13 of 17
the end of the day, the County is still going to decide but they ask that the Commission follow the
staff’s recommendation.
Hensch closed the public hearing.
Martin moved to recommend denial of an application submitted by MidAmerican Energy
Company for a County conditional use permit to allow for an electrical substation located
north of Kountry Ln and west of the Sycamore Greenway in unincorporated Johnson
County.
The Johnson County Board of Adjustment is the ultimate decision maker regarding
County conditional use permits. Therefore, if they approve the application, staff
recommends the approval include the following conditions:
4. Dedication of the extension of the Soccer Park Rd right-of-way to the City of Iowa City
subject to review and approval of construction drawings by the City Engineer and in a
fee simple form subject to review and approval by the City Attorney’s Office.
5. City review of the site plan per the City/County Fringe Area Agreement and to ensure
the location of the transmission lines do not impact the trail network and are located
on the north side for the portion that runs along the Lehman Ave right-of-way.
Padron seconded the motion.
Hensch concurs with the motion, he is pretty convinced by the service lines and the transmission
lines encircling the housing complex there is not a good idea because the people living there are
not short term or transient.
Martin noted this denial will still move it forward and it’s the County’s decision but the other
location is ideal and this is less than ideal.
Craig supports the motion to deny agreeing the other location is so much better. This would be a
much harder vote for her if it stopped the process, but it doesn't, the option still stays there. She
also wanted to say to the MidAmerican folks she appreciates all the work and the effort and
money and time that they put into keeping the lights on around here.
Townsend agrees with this denial because she would not want to be a part of putting another
substation next to housing even though it's so called temporary housing.
A vote was taken and the motion to deny passed 6-0.
CASE NO. SUB22-0002:
Location: South of Wetherby Park and east of Covered Wagon Drive
An application for a preliminary plat for Sandhill Estates – Part Five, an 8.88-acre subdivision
containing 18 residential lots.
Walsh began the staff report showing an aerial map of the 8.88-acre property for the proposed
Sandhill Estates – Part Five development. He next showed the zoning map for the surrounding
Planning and Zoning Commission
May 4, 2022
Page 14 of 17
area. Regarding background, a preliminary plat for Sandhill Estates was approved in 2004 for a
379 lot 119.94 acre rezoning and preliminary plat. There have been four approved final plats, the
first beginning of 2004, Sandhill Estates – Part Five would be the fifth installment of that. Recent
improvements include preliminary plats and sensitive areas development plans by staff, and the
most recent final plat approval was Sandhill Estates - Part Four in 2016. The rezoning conditions
from the 2004 preliminary plat approval are as follows:
• A separate left turn lane on Gilbert Street for southbound to eastbound traffic must be
constructed before more than 25 units are constructed, this approval criteria has been
met.
• Conditions B and C are not yet applicable but will be when the mentioned lots are
developed that includes vehicular access to lots 161 to 204 and 304 to 330 shall be from
the alley. The design of homes from lots 161 to 204 and 304 to 330 shall be subject to
Planning and Zoning Commission approval along with the final plat according to the
below conditions.
• Criteria D states for lots less than 60 feet in lot width with no alley access, the front yard
setback shall be 25 feet.
Walsh noted this criteria is approved to be met but as mentioned B and C will be dealt with later
on. He showed the preliminary plat for the 8.88 acres which has 18 residential lots and outlot A.
The conditions of the rezoning that are represented are lots 138, 139 and 140 have lot widths
less than 60 feet but will be set back to the recommended 25 feet. Outlot A is 2.53 acres and
would be the offsite stormwater conveyance for Sandhill Estates, adjacent development and
future development. Outlot A includes the right-of-way which is 2.05 acres including the
extension of Covered Wagon Drive and Sand Prairie Trail intersecting at a roundabout as well as
the construction of Frontier Loop. Outlot A is the location of wetlands and hydric soils, there are
0.55 acres of wetlands within a manmade stormwater retention basin and 0.32 acres of hydric
soils. City Code section 14-5I-2C-4 exempts development from the sensitive areas ordinance if it
meets certain criteria. In this case, Outlot A is exempt from the sensitive areas ordinance due to
the wetland being located within a manmade stormwater management facility for the purpose of
stormwater management and flood control within and adjacent to drainageways.
The Comprehensive Plan allows for two to eight dwelling units per acre and encourages an
interconnected system of open space with sidewalks and trails to connect the community. It also
encourages compact and connected developed neighborhoods, safe and pedestrian friendly
streets. The South District Plan amended to incorporate form-based code identifies the subject
area as Transect 3 Neighborhood Edge. Sandhill Estates – Part Five will not specifically comply
with form-based code although the proposed development does provide the same housing
variety envisioned in T3NE zones, the preliminary plat is consistent with the current zoning
designation. It also incorporates sidewalk and street connections envision by the Comprehensive
Plan and South District Plan. Approximately 17.74 acres of open space was dedicated in 2004
as Sand Prairie Park and that dedication was well over the 2.6-acre requirement and satisfies the
requirements for all future Sandhill Estates development.
Planning and Zoning Commission
May 4, 2022
Page 15 of 17
Stormwater Management will be provided via the proposed regional retention basin or Outlot A.
Public Works requirements are the basin must include sediment forebay, or another acceptable
pretreatment practice or drainage outlets, as well as measures be taken to prevent pond
stagnation and the retention basin must also have at least 25% of the surface area of the pond
exceeding a depth of eight feet after construction.
The role of the Commission would be to determine if the preliminary plat complies with the
subdivision regulations and other applicable code as well if it complies with the Comprehensive
Plan.
The next steps will include the final plat review by City Council, a final sensitive areas
development plan, site plan review by staff and building permits by staff.
Staff recommends approval of SUB22-0002, an application submitted by Hall and Hall Engineers
for a Preliminary Plat and Sensitive Areas Development Plan for Sandhill Estates – Part 5, an
18-lot, 8.88-acre residential subdivision located south of Wetherby Park and east of Covered
Wagon Drive.
Craig asked how the form-based code fits over these things, she realizes this is an extension of
an existing subdivision, but if somebody bought one of those lots and wanted to build a duplex
on it, can they. Sitzman noted this area was already zoned, and the form-based code is for
unplanned land.
Sitzman also clarified the stormwater facility is an existing stormwater facility included in this plat,
so it's not exactly off site but rather in some other phase of this development.
Townsend noted there was a Good Neighbor meeting, was there any feedback from that
meeting. Walsh noted the applicant can probably speak on that better, there was one attendee
at that meeting.
Hensch opened the public hearing.
Brian Vogel (Hall and Hall Engineers, 1860 Boyson Road, Hiawatha) stated regarding the good
neighbor meeting, they sent roughly over 150 letters and did a zoom call, one guy showed up,
and the only question he had was regarding some temporary storage of materials during
construction along the south boundary line.
Hensch noted on Outlot A he has never seen any standing water there but is the engineering
showing that there's enough impervious surfaces that's going to cause water accumulation.
Vogel stated adjacent right to the east is a wet detention basin and because of the way the outlot
is configured they can just open a pipe so the water can drain out. Hensch noted it appears like
this is a pretty big detention basin and they have seen in the past once these things get built they
seem to get abandoned so he just really want to encourage them to make sure that that doesn't
happen and this thing stays maintained and somebody mows it and gets the saplings out of
there. Vogel agreed it is a community asset to keep it well maintained.
Hensch closed the public hearing.
Planning and Zoning Commission
May 4, 2022
Page 16 of 17
Craig moved to recommend approval of SUB22-0002, an application submitted by Hall and
Hall Engineers for a Preliminary Plat and Sensitive Areas Development Plan for Sandhill
Estates – Part 5, an 18-lot, 8.88-acre residential subdivision located south of Wetherby
Park and east of Covered Wagon Drive.
Townsend seconded the motion.
Hensch noted because this is the fifth preliminary plat he thinks the neighborhood's going along
very nicely.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: APRIL 20, 2022:
Signs moved to approve the meeting minutes of April 20, 2022, with minor edits.
Townsend seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Townsend moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 6-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2021-2022
7/1 7/15 8/5 8/19 9/2 9/16 10/7 10/21 11/4 1/5 2/2 2/16 3/2 4/20 5/4
CRAIG, SUSAN X X O/E X X X X X X X X X X X X
HENSCH, MIKE X X O/E X X X X X X X X X X X X
MARTIN, PHOEBE X O/E O/E O/E X O/E X O/E X X O/E X X X X
NOLTE, MARK X X X O/E X O/E O/E X X O O X O/E X O/E
PADRON, MARIA X X X X X X X O/E X O/E X X X X X
SIGNS, MARK X X X X X X X X X X X X O/E X X
TOWNSEND, BILLIE X X X X X X X X X X X X X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member