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0416: Assignment 2 (Law): Council Paper Nov. 6, 2014

The City Council of Iowa City desires to have the input of the citizens in its decisions affecting the

city (City of Iowa City, 2006-2012). One way for the City Council to carry this out is through its Boards,

Commissions and Committees. The City currently has 20 different boards, commissions and committees,

each working on specific sets of city applications, issues and public hearings (City of Iowa City, 2006-

2012). The body of work that these commissions deal with is usually so overwhelmingly plentiful that

the city council alone cannot attend to all of them. This way, qualified citizens have direct involvement

in fulfilling the important obligations to the citizens in behalf of the city council (City of Iowa City, 2006-

2012).

One of these commissions is the Planning and Zoning Commission. This commission has a total

of seven members, all appointed by the city council on a five-year term. At least three of its members do

not have the same expirations on their terms (City of Iowa City, 2006-2012). This helps ensure smooth

transition whenever the term of a member expires and a new member joins the commission, making the

composition of the commission stable. If too many members leave the commission at the same time,

the transition may be compromised.

Part of the duties of the commission is “to make or cause to be made surveys, studies, maps,

plans or charts of the whole or any portion of the municipality and any land outside which in the opinion

of the Commission bears relation to a comprehensive plan” (City of Iowa City, 2006-2012). The

commission also recommends to the City Council additions and other modifications to the Zoning

Ordinance (City of Iowa City, 2006-2012).

One of the public hearings held by the Planning and Zoning Commission that occurred recently

was a housing project by the Iowa City Co-Housing. It was taken up by the commission on September 18,

2014. All the members of the committee were present: Carolyn Dyer, Charlie Eastman, Paula Swygard,

Phoebe Martin, Jodie Theobald, John Thomas and Ann Freerks. Freerks is the chair of the commission.

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Carolyn Dyer abstained herself from the session, citing conflict of interest as she was on the

Iowa City Co-Housing Committee. John Thomas also abstained himself from the session, citing conflict of

interest as he was a consultant for the project. The co-housing project had two major components that

were subject of the public hearing. First was a proposal for a land swap between a parcel of land of the

co-housing project and part of Benton Park. The land swap would also entail an application for rezoning.

Second was the preliminary plat of the co-housing project with 32 dwelling units.

The Concept of Co-Housing

According to the presentation done by the co-housing proponents during the public hearing, Co-

Housing is a concept of community living wherein its layout encourages a strong sense of community

and, at the same, build more conscientiously with the environment. Houses are relatively smaller, at 645

to 1,600 square feet in floor area, and only duplex or attached houses are allowed. The construction

materials that would be used in building the houses are environmentally conscious, with most other co-

housing projects adopting LEED standards. It features a common house with guest rooms, a play room, a

workshop and laundry. Having shared guest rooms at the common house saves floor space for each

house, instead of having a guest room in each house. Co-housing communities are run like a

condominium association. The project would be the first co-housing community in the state of Iowa.

Application for Land Swap and Rezoning

In Figure 1.a on page 3, the site plan shows the properties of the Co-Housing project (highlighted

in red). It is adjacent to Benton Park (highlighted in green). The Co-Housing property is currently zoned

as RS8. According to Title 14, Article 2A-1 of the Iowa City Ordinance, RS8 is a medium-density, single-

family zone, designated for single-family dwellings on small lots (City of Iowa City, 2005). On the other

hand, Benton Park is zoned as P1, designated as a public park (City of Iowa City, 2005). The only access

to the Co-Housing property is on Miller Street.

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Figure 1.a: The area in green is the currently Benton Park, while the area in red is the Co-Housing property. The Co-

Housing group proposes a land swap, shown in Figure 1.b below. (Plan Source: City of Iowa City, Color Highlights by

Author).

Figure 1.b: The Co-Housing project filed an application for a land swap, wherein part of Benton Park on Benton

Street will be taken (in red, hatched) in exchange for giving one of their properties to the park on Miller Street (in

green, hatched). Rezoning of the properties was also requested. (Plan Source: City of Iowa City, Color Highlights by

Author).

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Figure 1.b on page 3 shows the land swap and rezoning proposed by the co-housing proponents.

The land swap will involve of part of Benton Park (in red, hatched) to be taken by the Co-Housing

project. In exchange, the Co-Housing project will give its smaller property (in green, hatched) to Benton

Park. In effect, this would shift the access to the property from Miller Street to Benton Street. The

proposed land swap was accompanied by a request for rezoning. The Co-Housing proponents requested

that their property be rezoned from RS8 to OPD. According to Title 14, Article 3A-1 of the City

Ordinance, OPD8 is Planned Overlay Development zone. The zone permits flexibility in the design and

layout of the structures within the site, so long as they do not contradict the comprehensive plan of the

city (City of Iowa City, 2005). The co-housing proponents would like to have the flexibility in designing

their development because the co-housing concept is not usual. Consequently, the rezoning of the

properties proposed for land swap was also requested: part of Benton Park from P1 to OPD8; and the

smaller property of the co-housing project from RS8 to P1.

The Preliminary Plat

The co-housing proponents presented their preliminary plat during the public hearing. Figure 2

on page 5 shows the layout of the development if the proposed land swap and rezoning would be

approved. The project would be accessed from Benton Street. Most of the development would occur

further into the property. The area near Benton Park would stay undeveloped, except for the access

road. It also shows part of the paved walks connecting with Benton Park. The project would have 32

dwelling units, with garages scattered in clusters throughout the property, as opposed to having a

garage on each house. The proponents touted the proposed development as appropriate for the area.

The proponents preferred the access from Benton Street because of favorable topography on

that side of the property. Compared to having access from Miller Street, the access from Benton Street

would require minimal grading. The higher grading cost from Miller Street would, in effect, raise the

price on the dwelling units. Figure 3 on page 5 shows the topography of the site. The proposed access

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from Benton Street would be laid out along the slope lines, not against it. This means that there are only

few slope changes and on-site grading would be minimal. In contrast, an access from Miller Street would

run against the slope lines, entailing changes in elevation. This would require extensive grade moving to

achieve a desirable slope for the access road.

Figure 2: The preliminary plat of the Co-Housing project presented during the public hearing. It shows the proposed

development, with the access from Benton Street, if the request for land swap and rezoning would be granted.

(Source: City of Iowa City).

Figure 3: The preliminary plat of the Co-Housing project laid upon a topographic map. The proposed access from

Benton Street run along the slope lines, while an access from Miller Street would run against the slope lines (Source:

City of Iowa City).

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According to the Kent Ralston, the transportation planner of Iowa City, the proposed access

from Benton Street met the required sight distances, and that it met the required 150-feet distance

from the nearest intersection. He also said that the co-housing project will not significantly add traffic

volume to Benton Street. The proponent echoed this and said that part of their philosophy is to

minimize car use, and that they purposely chose a site that would be near to the University of Iowa and

the downtown.

Figure 4 below shows the preliminary plat with the green areas that would be preserved. To

compensate for the woodlands that would be taken down to make way for the access road from Benton

Street, new trees would be planted. A green buffer along the proposed access road would also be

provided. The remaining area would remain as woodlands and open to the public. The southeast corner

of the property would also remain undeveloped and would be designated as a storm basin. This area is

the lowest elevation of the property. Robert Miklo, a representative of the City staff, said the project

was compliant with the comprehensive plan and district plan, and that they are recommending approval

of the project.

Figure 4: This preliminary plat, rendered in color, shows the green areas of the proposed development. Only the

access road would be the development in the area, while the rest of it will remain as green space. The other large

green area at the southeast portion of the property would be a storm basin. (Source: City of Iowa City).

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Opposition from the Neighborhood

Although some people outside the co-housing project support it, many people from the

neighborhood around Benton Street expressed opposition to the project during the public hearing,

although it was later clarified that they were not against the project per se; they were against the

proposed access from Benton Street. The access was so much an issue for the people from the

neighborhood because cars travel at high speeds down the sloping road. This situation is exacerbated

whenever there is rain, ice or snow. For them, having cars come out into Benton Street poses a high risk

for collision with cars speeding down the road. They also said that the co-housing drivers would find it

difficult to do a left-turn to get into their property if they came from the city proper because of the cars

speeding downwards. A real estate agent in the public hearing further said that many people are

following the public hearing of this project because if the approval will be granted, it will set a precedent

for similar developments to request access from Benton Street. They also mentioned that there were

projects before that planned having access from Benton Street and there were not approved. Figure 5

below shows a view of Benton Park from Benton Street. Notice the sloping nature of the road.

Figure 5: A view of Benton Park from Benton Street, showing the road sloping downhill. (Source: Author)

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There were also other aspects of the co-housing project that many in the public hearing

expressed opposition to, such as:

1) There seemed to be not enough turn-around space for the fire truck.

2) The project would add traffic volume to the area.

3) Their impression was that if the approval would be granted, the government would be like

“giving away” public land.

4) Some said they do not want to see Benton Park being divided by the access road.

5) They expressed concern for the trees that will have to be cut to give way for the proposed

access road from Benton Street.

The proponents responded that the Iowa City Fire Department approved the fire truck turn-around

space. Also, they reiterated that part of their philosophy was to minimize car use, and that most of them

do not own cars. On the matter of hand, the commission clarified that the proposal was a land swap, so

the city would not lose land if the proposal would be granted approval.

The commission agreed that the issue needed further discussion. They requested the City Staff

to clarify some matters brought up during the hearing. They decided to defer voting on the next

commission meeting.

The Second Public Hearing

The second public hearing was held on October 2, 2014. All the members of the committee were

present: Carolyn Dyer, Charlie Eastham, Paula Swygard, Phoebe Martin, Jodie Theobald, John Thomas

and Ann Freerks. Again, Dyer and Thomas abstained from the session.

Robert Miklo, a representative of the City Staff, reported that the city forester visited the site

and reported that most trees that would be cleared are ash trees and walnut trees. These tree species

are susceptible to disease, according to the city forester. Significant trees were also identified, and that

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these should be protected during construction. Miklo also said that the city’s Subdivision Regulations

currently do not prohibit access from Benton Street.

Regarding the properties affected by the proposed land swap, the co-housing proponents

insisted that the wooded areas near the proposed access will remain undeveloped and accessible to the

public, as shown earlier in Figure 3 on page 5. The undesirable, diseased trees would be removed, while

the rest would be protected. On the issue of safety on Benton Street, Kent Ralston, the transportation

planner of Iowa City, said that the access road from Benton Street met the sight distance requirements.

He also confirmed that the access from Benton would require less on-site grading compared to having

the access from Miller Street. He said it would be difficult to achieve 11% slope for an access road from

Miller Street and severe cuts and deep retaining walls would be required. He estimated that the access

from Miller Street would cost 30% to 40% more. In concluding, the City Staff again recommended

approval for the co-housing project, subject to the requirements stipulated in the City Staff report.

People from the neighborhood again expressed opposition to the proposed access from Benton

Street, and expressed their preference for having the access road from Miller Street instead. Some of

them also alleged that the co-housing proponents did not do enough due diligence in deciding the

location of the access road.

In response to the matter of due diligence, the co-housing proponents explained that they

practiced due diligence by working with city staff on the location of the access road, and that the city

staff approved it and would support them in their public hearing before the commission. In a

memorandum dated October 18, 2012, the City Traffic Planner acknowledged that “While concerns with

an access located mid-hill remain, they are mitigated by the adequacy of stopping sight distance.” (Iowa

City Planning and Zoning Commission, 2014). The architect of the co-housing project also spoke during

the public hearing. He said the project would offer diversity to the city’s housing stock. He added that

the project would increase traffic on Benton Street by a mere 0.03%.

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Before the commission proceeded with the voting, the City Attorney clarified that 4 votes would

be needed to grant approval to the application, regardless of the abstention of the two commissioners.

Discussions by the Commissioners

Freerks said that the ‘big picture’ was complicated, but the project would bring real benefit to

neighborhood and the city. She advocates for increasing the number of family-owned housing in Iowa

City, and she sees the project as an opportunity to do that. She was not worried that if granted approval,

the project would set a ‘bad’ precedent, as warned by someone during the public hearing. She gave

more weight to the benefit that the project would bring. Martin shared in the opinion of Freerks and

supported the project.

On the other hand, Swygard explicitly said that she could not support the project and shared

that she frequently drives on Benton Street. She explained that the proposed access road complies with

sight lines requirement, but the grade of the hill, the glaring sun and heavy traffic are bigger factors that

make the Benton access dangerous. She commended the co-housing concept, but she could not trade

that for safety on Benton Street. Theobald also could not support the project and said that the

proponents could come up with a better solution. Eastham also could not support the project. He said

that complying with sight lines would not guarantee safety from collision with cars speeding down

Benton Street.

The commissioners voted as follows:

1) Charlie Eastham - No

2) Ann Freerks - Yes

3) Paula Swygard - No

4) Phoebe Martin - Yes

5) Jodie Theobald - No

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With only two Yes votes, the application for rezoning and land swap was disapproved.

Consequently, the approval for the preliminary plat was also disapproved. The City Attorney said that

the proponents can bring the matter to the City Council if they do not agree with the decision of the

commission. Some of the old ladies who are members of the co-housing community actually expressed

dismay and cried after the session.

The Safety of the City

According to the Memorandum issued by the City Transportation Planner to the City Staff, the

downhill slope of Benton Street is at 10%. For the purpose of comparison, the downhill slope of Benton

Street can be likened to slope of a car ramp in a parking building. According to the Architectural Graphic

Standards, the acceptable slope of a car ramp is from 10% to 13%, while 7% to 8% is the preferred slope

(American Insitute of Architects, 2007). If the downward slope of Benton Street is comparable to that of

the usual car ramp, one may wonder why many people in the neighborhood see Benton Street as

dangerous.

Car ramps only travel floor to floor. Usually, the floor-to-floor height of parking buildings is 10

feet. At 10% slope, the ramp will run at a length of 100 feet. In addition, the long run will be interrupted

by landings. This way, the otherwise long run would be divided into several shorter ramps.

In contrast, Benton Street has a confluence of characteristics and circumstances that simply

render the road dangerous. Benton Street is a collector road of Highway 1. This explains the high traffic

volume on the street, especially during peak hours. Benton Street is also a long, continuous downhill

road running at approximately 2,800 feet. Note that this run is not divided by landings. These conditions

tend to make vehicles run so speedily downhill that anyone would find it difficult to cross this road (the

author visited the area and also tried to cross Benton Street, and it was indeed difficult to do so).

In addition, Benton Street is an east-west road, so the driver gets abundant glare from the rising

sun every morning. The glare compromises the sight lines of the driver that one may not notice a car

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joining the traffic from, say, an access road connecting to Benton Street. Outdoor elements like rain, ice

or snow also exacerbate conditions on the downhill road. These several conditions render Benton Street

unsafe. The commissioners who cited these reasons for not supporting the project had made a point.

The author agrees with the decision of the commission.

Conclusion

To expedite the delivery of service to its citizens, the City of Iowa City delegates its powers to

qualified citizens to make decisions in their behalf. This is done through the organization of boards,

commissions and committees. One of such commissions is the Planning and Zoning Commission.

In the case of the Iowa City Co-Housing, they indeed worked with City Staff as to the layout of

their property, as well as the location of its access road. However, the opposition from the

neighborhood was more intense than anticipated, despite having support from City Staff by

recommending approval. Had the proponents known the contention of having access roads from Benton

Street, they would have made another scheme should the original proposal fail to be granted approval.

The concept of Co-Housing was commendable, and would provide more family-owned housing units

that the city needed so much. However, the issue of safety was more urgent for the neighborhood, and

the commission recognized that sentiment.

The author believes that the commission made the right decision not to grant approval to the

co-housing project. However, the commission should also make recommendations to the city council

regarding access roads that connect to the downhill portion of Benton Street. An application denial

recorded in the books may not be enough to prevent future developers from proposing another project

with access from Benton Street.

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Bibliography:

American Insitute of Architects. (2007). Architectural Graphic Standards. New York: John Wiley & Sons,

Inc.

City of Iowa City. (2006-2012). Boards, Commissions & Committees. Retrieved November 2, 2014, from

City of Iowa City, Iowa: http://www.icgov.org/?id=1563

City of Iowa City. (2006-2012). Planning and Zoning Commission. Retrieved November 2, 2014, from City

of Iowa City, Iowa: http://www.iowa-city.org/icgov/apps/boards/members.asp?id=20

City of Iowa City. (2005, December 15). Title 14 - Zoning Code. Iowa City, Iowa, USA.

Iowa City Planning and Zoning Commission. (2014). Planning and Zoning Commission Agenda for

October2, 2014. City of Iowa City: City of Iowa City.