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HomeMy WebLinkAbout2024-02-06 OrdinanceItem Number: 9.a. CITY OF IOWA CITY COUNCIL ACTION REPORT February 6, 2024 Ordinance conditionally rezoning approximately 61.72 acres of land located North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone (REZ23-0009). (Second Consideration) Attachments: Staff Report with Attachments PZ 12.20.23 minutes Ordinance Council correspondence - Michael Muhlenbruch, McClure Engineering STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0009 Parcel(s): 0735426001 & 0735401001 GENERAL INFORMATION: Owner/Applicant: Developer: Contact Person: Requested Action: Purpose: Location: Location Map: Prepared by: Madison Conley Associate Planner Date: December 20. 2023 Stephen A. Moss 3354 Kenruth Circle NE Iowa City, IA 52240 Tyler Leo ATI Group 1615 SW Main Street, Suite 207 Ankeny, IA 50023 tyler(cDatirea Itv. com Michael Muhlenbruch McClure Engineering 1740 Lininger Lane North Liberty, IA 52317 mmuhlenbruch(cDmcclurevision.com To rezone 61.72 acres of land from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone To allow for construction of an intensive commercial use North of 1-80 and west of Highway 1 Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: North Corridor District Plan: File Date: BACKGROUND INFORMATION: 61.72 acres Vacant Land; Research Development Park (RDP), Interim Development Research Park (ID -RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) North: Agriculture; Interim Development Research Park (ID -RP) South: Interstate 80, Light Industrial, and Indoor Recreation; Commercial Office (CO -1) and Highway Commercial (CH -1) East: Office; Research Development Park (RDP) West: Agriculture; Interim Development Research Park (ID -RP) Office Research Development Center None November 13, 2023 The owner and applicant, Stephen Moss, is interested in selling approximately 61.7 acres of property located north of Interstate 80 and west of Moss Ridge Road for development of an intensive commercial use. A Comprehensive Plan Amendment application (CPA23-0002) requests a comprehensive plan map amendment to the area that includes the property on the future land use map to be changed from Office Research Development Center to Intensive Commercial. There is no adopted district plan for this area. The Rezoning application (REZ23-0009) requests a zoning map amendment to rezone the property from Research Development Park (RDP), Interim Development Research Park (ID - RP), and Highway Commercial with a Planned Development Overlay (OPD/CH-1) to Intensive Commercial (CI -1). Attachment 3 includes the Applicant's Statement describing the rationale behind the rezoning request. Attachment 4 illustrates a conceptual development concept. The Comprehensive Plan Amendment should be considered prior to the proposed rezoning. Since 2010, the subject property has been rezoned several times. Here's a summary of the case history: • Moss Green Urban Village (REZ10-00004 & SUB10-00005). On October 26, 2010, City Council adopted Ordinance 10-4409 which rezoned more than 141 acres including the subject properties to a Planned Development Overlay with portions zoned Office Research Park (OPD/ORP), Research Development Park (OPD/RPD), and Mixed Use (OPD/MU). At the same time, Council approved the preliminary plat for the Moss Green Urban Village (Resolution 10-460). This project would have allowed for construction of an office research park and mixed-use commercial development with access provided from an extension of Oakdale Boulevard which would have been constructed as part of the development. • Moss Ridge Campus (REZ12-00005/REZ12-00006 & SUB12-00003). The Moss Green Urban Village failed to develop. Council subsequently rezoned 172 acres including the subject property on October 23, 2012 (Ordinance 12-4499) to Research Development Park 3 (RDP) and Highway Commercial with a Planned Development Overlay (OPD/CH-1) with the remainder zoned Interim Development Research Park (ID -RP). Council also adopted the preliminary plat for the Moss Ridge Campus (Resolution 12-458). This project would have allowed for development of the first phase of an office park with associated retail and service uses on the southeast corner of the property. It included a substantial conditional zoning agreement. Updated Moss Ridge Campus (REZ14-00020, SUB14-00019, & SUB15-00032). On January 6, 2015, Council updated the zoning (Ordinance 15-4605) and preliminary plat (Resolution 15-8) for the Moss Ridge Campus, which adjusted the street layout and refined the conservation and stormwater management areas for the proposed subdivision. In addition, the rezoning shifted the zone boundaries to coincide with the lot lines in the updated plat and amended the conditional zoning agreement to no longer require that the Planning and Zoning Commission review future site plans as it included a more detailed office park master plan. In February 2016, City Council was scheduled to consider the final plat for Phase 1 of the Moss Ridge Campus, but the application was indefinitely deferred at the request of the applicant. The 2015 rezoning ordinance and associated conditional zoning agreement (Ordinance No. 15- 4605) remain in place for this property. The conditions are summarized as follows: 1. A comprehensive landscape plan that considers stormwater facilities and environmental features, but does not need to include details for individuals lots. 2. A master sign plan that includes a design concept for the office park. 3. Additional allowances, standards, and restrictions apply for the OPD/CH-1 zoned areas: a. Two drive throughs maximum. b. Buildings shall have prominent entrances and parking toward the side or rear. c. Parking areas setback 50 feet and landscaped from 1-80. d. Allows uses in CH -1 in addition to sales oriented and personal service-oriented retail, general animal related commercial, and specialized educational facilities. 4. Site plans for individual lots will be reviewed and approved by the City according to standards relating to landscaping, building materials, building articulation and fenestration, and signage. Since 2015, much has changed, including a decline in the need for office space and the vacation of the Pearson property. In addition to these changes, market conditions are impacting the nearby ACT campus that is currently listed for sale. There are also two other major frontages along 1-80 that are either for sale or have been recently sold. This emphasizes the need to consider different uses than in the past. The proposed rezoning is aimed at the development of an intensive commercial use which aligns with the current changes and trends we see today. Furthermore, this location, which is near other warehousing uses and has few neighbors, is appropriate for considering a more intensive land use. The existing rezoning conditions focused on creating a cohesive design in the implementation of a master planned office park. Staff finds that the existing conditions are no longer necessary for a variety of reasons. Not only have market condition changed as discussed above, but the applicant will be required to submit an updated landscape plan for the property as part of the site plan requirements. In addition, commercial office is no longer the proposed use for the property. Therefore, a master sign plan with a design concept for the office park is no longer relevant. Lastly, there are conditions related to allowances, standards, and restrictions for the OPD/CH-1 zone. At this point in time, the proposed rezoning is to the CI -1 zone. Staff does not see a need to carry these conditions forward based on the change in the rezoning proposal. Future development would also need to be reviewed to the criteria applicable for a CI -1 zone, which includes the commercial site development standards. The purpose of the commercial site development standards is to ensure that commercial development is compatible in scale and rd intensity to the surrounding development, screens unsightly elements from public view, and establishes safe pedestrian and vehicular circulation. Due to the current state of the Pearson property, its large warehouse, and its lack of neighboring uses, this location would best support the CI -1 zone compared to other properties like the ACT or Dubuque Street location, that would not support compatibility. Therefore, this site can fill the current market need along the interstate more effectively than our other sites that are in transition. The applicant has not held a Good Neighbor meeting. ANALYSIS: Current Zoning: The property is currently zoned RDP (35.23 acres), ID -RP (10.98 acres), and OPD/CH-1 (15.80 acres). The purpose of the RDP zone is to provide areas for the development of office, research, production or assembly firms and other complementary uses. Office and research uses should predominate in the zone. Uses allowed in this zone include general and medical/dental office, hospitality oriented retail, technical/light manufacturing, and warehouse and freight movement. The purpose of the ID zone is to provide for areas of managed growth in which agricultural and other nonurban uses of land may continue until such time as the city is able to provide city services and urban development can occur. The interim development zone is the default zoning district to which all undeveloped areas should be classified until city services are provided. The CH -1 zone permits development of service uses relating to expressways or along arterial roadways. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available. The OPD zoning allows for increased flexibility in the use and design of structures and/or land in situations where conventional development may not be appropriate. Additionally, the current zoning is subject to a conditional zoning agreement that limits certain uses (e.g. drive throughs), provides some flexibility by allowing other uses not allowed within CH -1 zones and regulates signage and landscaping. Proposed Zoning: The applicant is requesting that the property be rezoned to CI -1. The purpose of the CI -1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. Table 1 outlines the uses that are allowed in the CI -1 zone. Table 1 – Uses Allowed in CI -1 Zone Use Categories: Adult business PR Animal related commercial—general PR Animal related commercia—intensive PR Building trade P Commercial recreational—indoor P Commercial recreational—outdoor P Drinking establishments PR Eating establishments P Office—general office P Office—medical/dental office P Quick vehicle servicing PR/S Alcohol sales oriented retail P Hospitality oriented retail P Outdoor storage and display oriented P Personal service oriented P Repair oriented P Sales oriented P Surface passenger service P Vehicle repair PR Industrial service P General manufacturing PR Heavy manufacturing S Technical/light manufacturing PR Self-service storage P Warehouse and freight movement P Wholesale sales P Basic utility PR/S Community service—shelter S General community service S Daycare PR Detention facilities S Educational facilities—specialized S Religious/private group assembly P Utility -scale round -mounted solar energy systems S Communication transmission facility PR/S P = Permitted PR = Provisional S = Special exception Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Compliance with Comprehensive Plan: The future land use map of the current IC2030 Comprehensive Plan identifies this area as appropriate for Office Research Development Center. Concurrent with this rezoning, the owner has requested an amendment to the Future Land Use Map to show this area as appropriate for Intensive Commercial. Assuming that the amendment is adopted, this application would be consistent with the Comprehensive Plan. There is no District Plan adopted for this area. In addition, the Comprehensive Plan's Background acknowledges that the City has taken steps to direct employment growth by identifying and zoning land to accommodate industrial, commercial, and office research uses in locations with appropriate transportation access in proximity to compatible uses. Specifically, the plan sees the Moss Ridge location as beneficial to businesses that require close access to Interstate 80. There are a variety of land use goals and strategies included in the Land Use element of the Comprehensive Plan that align with the proposed rezoning: • Encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services to preserve farmland and open space at the edge of the City. C) Guide development away from sensitive environmental areas, such as floodplains, wetlands, woodlands, steep slopes, flood hazard areas, and streams. • Focus industrial development on land suitable for industrial use with good access to rail and highways, but buffered from residential neighborhoods. C) Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. C) Ensure adequate roads and other infrastructure that will attract new employers to the community. C) Plan for appropriate transition between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhoods. C) Provide adequate buffer areas between residential areas and intensive industrial activity to mitigate any negative externalities, such as noise, odors, dust, and vibrations. The plan also includes goals and strategies in the Economic Development element of the plan that align with the proposed rezoning: • Improve the environmental and economic health of the community through efficient use of resources. C) Support... and promote appropriate development in the City's... designated urban renewal areas, including... Moss Green... Compatibility with Existing Neighborhood Character: The subject property is bordered by Agriculture to the north, Warehousing and Office to the east, 1-80 to the immediate south, as well as Light Industrial and Indoor Recreation, and more Agriculture to the west. In regard to the Pearson property to the east, the commercial site development standards in the zoning code will serve as a way to manage future commercial development and make sure it is compatible with the surrounding area. Directly south of the property is 1-80, which separates the subject property from the commercial uses south of the interstate. The property is substantially separated from the residential uses to the west due to the woodlands, agricultural land, and other environmental features that act as a natural buffer. Staff finds that the property would have minimal impact on the existing neighborhood character due to the majority of the land to the west and north is undeveloped, and it would be contiguous to adjacent office park development to the east, and use existing underutilized road capacity. As mentioned earlier, if rezoned to CI -1, the Moss Ridge property would be required to adhere to the commercial site development standards. The landscape and screening standards require that a landscaping plan be submitted, and surface parking areas, loading areas, and drives be screened from view of public rights of way and abutting properties at least to the S2 standard. The outdoor storage and display standards permit outdoor storage of materials if they can be concealed from public view. If these materials cannot be concealed behind a building, the outdoor storage area must be setback at least 20' from any public right of way and screened to at least the S3 standard. If a fence is built around the storage area, the required screening must be located between the fence and the adjacent property. Overall, staff finds that the commercial site development standards will help to ensure that future development is compatible with the existing neighborhood character, particularly the existing 7 development to the east. Environmentally Sensitive Areas: The property contains a variety of regulated sensitive features areas such as slopes, woodlands, stream corridors, potential wetlands, and archeological sites. Although a sensitive areas development plan is not required at the rezoning stage, it is required at the time of a subdivision. To satisfy the public need to protect environmentally sensitive areas and archaeological resources, Staff is recommending a condition that prior to approval of a site plan the owner must obtain approval of a preliminary and final plat. During the subdivision stage, the applicant will also be required to delineate sensitive features and impacts. Since the regulated sensitive features are not being evaluated at the rezoning, the owner will be required to meet the base requirements of the sensitive areas ordinance or go through a planned development overlay rezoning. The applicant has stated their intent to comply with the base requirements of the sensitive areas ordinance. Regarding archaeological resources, a phase 1 archaeological study was completed in 2010 and determined there are archeological sites on the property. The study notes that there are some sites that are potentially eligible for listing in the National Register of Historic Places. Therefore, for these sites, avoidance or further investigation at the Phase II level is recommended. Again, this will be further evaluated at the subdivision stage when a sensitive areas development plan is required. Floodplain: Rapid Creek places portions of the subject property within the 100 -year floodplain and 500 -year floodplain. These areas are generally located at the northwest and northeast corners of the property. Any development would need to adhere to the City's Floodplain Ordinance. Transportation and Access: The only access to the property is through Moss Ridge Road. Moss Ridge Road was constructed by the City in 2015 to encourage development of the area. In 2012 a Traffic Study was conducted to review the impacts the proposed office/research park development project would have on the property and surrounding area. With the scope of the project changing, a new traffic study is needed. Therefore, staff is recommending a condition that a traffic study be completed to ensure that any transportation impacts identified by the study are addressed as determined by the City Engineer. If any off-site improvements are identified as part of the traffic study, the developer will be required to make these improvements subject to review and approval by the City Engineer prior to issuance of a building permit. This will ensure any transportation impacts of the proposed project are addressed. Thereby, minimizing traffic related impacts on adjacent properties. The condition for platting also meets the public need for orderly development and an interconnected street network. As part of the platting process, staff is also recommending a condition to ensure a looped water system since future development to the north and west of the subject property is not imminent. Specifically, Staff is recommending a condition that the water main be designed to extend to the existing water main along 1-80, which will create a looped system and avoid a dead-end spur greater than 500 feet. This design would keep water moving and the looping pattern reduces issues associated with water stagnation and would increase firefighting capacity. SUMMARY: In summary, Staff finds that rezoning to CI -1 is consistent with the amended comprehensive plan H subject to conditions related to traffic study, approval of a preliminary and final plat, and a condition that ensures a looped water system. The conditions imposed by the existing conditional zoning agreement are no longer applicable due to the change in uses contemplated. NEXT STEPS: After a recommendation from the Planning and Zoning Commission this application will be considered by the City Council. • City Council will need to set a public hearing for both the comprehensive plan amendment and rezoning. • City Council will consider approval of the comprehensive plan amendment (CPA23-0002) and must hold three readings including the public hearing for the rezoning (REZ23-0009). STAFF RECOMMENDATION: Staff recommends approval of REZ23-0009, an application to rezone approximately 61.72 acres of the property north of 1-80 and west of Highway 1 from ID -RS, RDP, OPD/CH-1 to CI -1 subject to the following conditions: • Prior to approval of a preliminary plat, completion of a traffic study. • Prior to issuance of a building permit, completion of all required improvements, including off-site improvements, as determined by the traffic study, subject to review and approval of the City Engineer. • Prior to site plan approval, approval of a preliminary and final plat. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Applicant Statement 4. Conceptual Development Concept Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 Location Map ATTACHMENT 2 Zoning Map ATTACHMENT 3 Applicant Submittal Rezoning the undeveloped property to general industrial is warranted due to several key factors that align with the evolving needs of our community and the broader economic landscape. The proposed rezoning not only addresses current demands but also anticipates future growth and development. 1. Economic Advancement: • The shift towards a general industrial designation reflects the changing economic dynamics of our region, emphasizing job creation, increased tax revenue, and enhanced economic vitality. Warehouse and freight movement, as described in the City Code, have the potential to attract diverse businesses, fostering a robust and sustainable local economy. 2. Strategic Location: • The property's strategic location makes it an ideal candidate for the proposed use. Direct access to Highway 1 and Interstate 80, facilitates the efficient movement of goods, reducing logistical costs for businesses and contributing to a more competitive industrial sector. • Due to the construction of Moss Ridge Road by the City, public utilities exist at the site and are adequate for the proposed use. 3. Community Development: • The rezoning aligns with Iowa City's goals by promoting responsible land use that accommodates a range of industries. This inclusivity not only diversifies our economic base but also offers residents a variety of employment opportunities, strengthening the overall fabric of our community. 4. Market Demand: • A careful analysis of market trends indicates a growing demand for this type of use — a need mostly unmet by Iowa City. By rezoning the property to 1-1, general industrial, we position ourselves to meet this demand and attract businesses that contribute to technological innovation, manufacturing, and other sectors crucial for sustained economic growth. In conclusion, the rezoning of this property to 1-1, general industrial, is an intentional, proactive and thoughtful step towards fostering economic growth and community development. By adapting to the evolving needs of our economy and our region, we position ourselves for a vibrant and prosperous future. ATTACHMENT 4 Conceptual Development Concept —T r-- iu0= M,CcLURE" LZ 11 t, I NORTH IOWACRY aoa000 9ryFo EX -01 1���f„/�0.�1 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 20, 2023-6:OOPM—FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Maggie Elliott, Mike Hensch, Maria Padron (via zoom), Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Susan Craig STAFF PRESENT: Madison Conley, Sarah Hektoen, Kirk Lehmann, Anne Russett OTHERS PRESENT: Tyler Leo RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of CPA23-0002, a proposed amendment to change the Comprehensive Plan future land use designation from Office Research Development Park to Intensive Commercial for approximately 61.72 acres of property located north of Interstate 80 and west of Highway 1. By a vote of 6-0 the Commission recommends approval of REZ23-0009, an application to rezone approximately 61.72 acres of the property north of 1-80 and west of Highway 1 from ID -RS, RDP, OPD/CH-1 to CI -1 subject to the following conditions: Prior to approval of a preliminary plat, completion of a traffic study. Prior to issuance of a building permit, completion of all required improvements, including off-site improvements, as determined by the traffic study, subject to review and approval of the City Engineer. Prior to site plan approval, approval of a preliminary and final plat. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN AND REZONING ITEMS CASE NO. CPA23-0002 Location: North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road A public hearing on a proposed amendment to change the Comprehensive Plan future land use map from Office Research Development Center to Intensive Commercial for approximately 61.72 acres of property. Lehmann stated the Moss Ridge campus has been considered in the past, it's north of 1-80 and west of Dodge Street at the end of Moss Ridge Road. He showed an aerial map noting it's Planning and Zoning Commission December 20, 2023 Page 6 of 11 she is a little bit concerned that not every company is going remote and some companies are actually pushing to get people back into the offices and with the City growing they have to be careful, but she does support this application. A vote was taken and the motion passed 6-0. CASE NO. REZ23-0009 Location: North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road An application for a rezoning of approximately 61.72 acres of property from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone. Conley presented the rezoning application for this property. As Lehmann mentioned there are agricultural areas to the north and the west and the vacant Pearson property to the east. She stated this property is comprised of environmentally sensitive features such as slopes, woodlands, stream corridors, potential wetlands and archaeological sites. The property is currently zoned Research Development Park (RDP), Interim Development Research Park (ID - RP) and Highway Commercial with the Planned Development Overlay (OPD/CH-1). To the north is agricultural areas, which is the Interim Development Research Park, to the south of Interstate 80 there is some light industrial uses, indoor recreation and some commercial office. To the east is the Office Research Development Park and to the west more agricultural and Interim Development Research Park areas. Specifically, the RDP has 35.23 acres, the ID -RP zone is 10.98 acres and the CH -1 with the overlay has 15.80 acres. Conley noted with this zoning there is a conditional zoning agreement that states: 1. A comprehensive landscape plan that considers stormwater facilities and environmental features but does not need to include details for individuals lots. 2. A master sign plan that includes a design concept for the office park. 3. Additional allowances, standards, and restrictions apply for the OPD/CH-1 zoned areas: a. Two drive throughs maximum. b. Buildings shall have prominent entrances and parking toward the side or rear. c. Parking areas setback 50 feet and landscaped from 1-80. d. Allows uses in CH -1 in addition to sales oriented and personal service-oriented retail, general animal related commercial, and specialized educational facilities. 4. Site plans for individual lots will be reviewed and approved by the City according to standards relating to landscaping, building materials, building articulation and fenestration, and signage. Staff finds now that these existing conditions are no longer necessary and will not be carried forward since commercial office is no longer the proposed use and therefore a master sign plan with a design concept for office park would be no longer applicable or relevant and the existing conditions are related to allowances, standards and restrictions for the OPD/CH-1 zone. Due to the market conditions and the decline in the need for office space and the vacation of the Pearson property the proposed zone here would be Intensive Commercial (CI -1). The CI -1 zone is created to provide areas for sales and service functions and businesses whose operations are typically characterized as outdoor storage and display storage of merchandise or operations are conducted in buildings or structures not completely enclosed. This zone does allow warehouse Planning and Zoning Commission December 20, 2023 Page 7 of 11 and freight movement, outdoor storage and display, industrial service and some wholesale uses. Anything in this zone would adhere to the commercial site development standards in 14-2C-6 of the zoning code. Conley showed a picture of the development concepts submitted by the applicant. Conley next reviewed the approval criteria for a rezoning, consistency with the Comprehensive Plan and compatibility with the existing neighborhood. She stated the proposed rezoning is consistent with the Comprehensive Plan assuming that the Comprehensive Plan Amendment is adopted. The future land use map is being amended from Office Research Development Center to Intensive Commercial and as noted in the Comprehensive Plan the Moss Ridge location is identified as beneficial to businesses that require close access to Interstate 80. It's in a prime location to get on the interstate there and would have good access. In the Comprehensive Plan there is a land use section that states Iowa City would like to encourage compact, efficient development that is contiguous and connected to existing neighborhoods to reduce the cost of extending infrastructure and services and to preserve farmland and open space at the edge of the City. One of the strategies to meet this goal includes guiding development away from sensitive environmental areas such as floodplains, wetlands, woodlands, steep slopes, flood hazard areas and streams and this property contains a majority of those environmentally sensitive features. Additionally, another goal in the Comprehensive Plan includes a focus on industrial development on land suitable for industrial use, with good access to rail and highways but buffered from residential neighborhoods. Conley noted that a lot of the agricultural and environmentally sensitive features act as a natural buffer for this property which keeps it away from many of the surrounding uses. Therefore, the strategies to support this goal would be: • Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. • Ensure adequate roads and other infrastructure that will attract new employers to the community. • Plan for appropriate transition between residential neighborhoods and higher intensity commercial to ensure the long-term health of neighborhoods. • Provide adequate buffer areas between residential areas and intensive industrial activity to mitigate any negative externalities, such as noise, odors, dust, and vibrations. Regarding the Economic Development section of the Comprehensive Plan this is known as an urban renewal area according to the Comprehensive Plan and the goal for this section states that Iowa City hopes to improve the environment and economic health of the community through efficient use of resources such as support and promote appropriate development in the City's designated urban renewable areas, which includes the Moss Green location. Conley next discussed compatibility with the existing neighborhood. She reiterated this property is not super close to neighboring properties therefore this would have minimal impact on existing neighborhood character. The Pearson property is now vacant, there's undeveloped land towards the north and the west and the environmental features would act as a natural buffer to the residential uses further west. 1-80 separates the property from the commercial uses to the south. Additionally, now that the Pearson property is vacant, it also has a large warehouse and few neighbors, which would best support the CI -1 zone compared to other properties. The property in question would best fill the current market need along the interstate more effectively than the other sites that are in transition. Any development that does go into this area would have to adhere to the commercial site development standards, which would serve and manage any Planning and Zoning Commission December 20, 2023 Page 8 of 11 future commercial development to ensure compatibility to the surrounding uses Regarding the environmentally sensitive areas, Conley reiterated there are a number of them on site. She noted again an archaeological study was done in 2010 and that phase one study was done to determine the archaeological sites on the property and noted there are a couple of sites potentially eligible for the listing on the National Register of Historic Places. Avoidance or phase two level investigation of these sites is recommended if development were to occur near or on those sites. Conley also stated this property is located on a floodplain, the Rapid Creek is the specific creek on this property and it is in the 100 -year and 500 -year floodplains so therefore staff is also recommending a condition that prior to approval of a site plan the owner must obtain approval of a preliminary and final plat. Conley next reviewed transportation and access. She noted the only way to get to the Moss Ridge property is through Moss Ridge Road which was constructed by the City in 2015 in order to encourage development of the area. There was a traffic study done in 2012 that conducted a review in order to address the impacts of the proposed office research park development project that was proposed on the property and to see what impacts it would also have on the surrounding area. Conley stated due to the project scope change, a new traffic study would be needed as there is a public need to identify and implement orderly development and an inter- connected street network. Therefore, staff is recommending a condition that a traffic study be completed to ensure that any transportation impacts identified by the study are addressed as determined by the City Engineer. If any offsite improvements are identified as part of the traffic study, the developer will be required to make these improvements subject to review and approval by the City Engineer prior to issuance of a building permit. Another condition is that the water main should be designed to extend to the existing watermain along I-80 which will then create a loop system and avoid a dead-end spur that would be greater than 500 feet. Staff recommends approval of REZ23-0009, an application to rezone approximately 61.72 acres of the property north of 1-80 and west of Highway 1 from ID -RS, RDP, OPD/CH-1 to CI -1 subject to the following conditions: • Prior to approval of a preliminary plat, completion of a traffic study. • Prior to issuance of a building permit, completion of all required improvements, including off-site improvements, as determined by the traffic study, subject to review and approval of the City Engineer. • Prior to site plan approval, approval of a preliminary and final plat. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. Hensch asked if this will this come back to the Commission for the preliminary plat review. Conley conformed yes and at that point they'll know what the phase two survey showed if in fact development occurs on either of those sites that are acknowledged as archaeological sites. Quellhorst asked if the applicant has identified a proposed use for the land. Conley replied it will be the warehouse and freight use that the proposed zoning identifies, they do not have any specifics yet. Quellhorst asked about environmental impacts and the approval process for the sensitive areas development plan, usually doesn't the Commission receive the sensitive development areas plan Planning and Zoning Commission December 20, 2023 Page 9 of 11 at the time of rezoning. Russett acknowledged sometimes they will but it is not required at rezoning. This project will have to go through the subdivision process, which will require a sensitive areas development plan, and at that point the Commission will see a preliminary sensitive areas development plan that will show all regulated sensitive features, woodlands, stream corridors, wetlands, and any potential impacts. Since this is not going through a plan development overlay rezoning the applicant has expressed their desire to meet the base requirements of the sensitive areas ordinance, which means it could be administratively approved. Sometimes applicants have to impact wetlands or woodlands more than the base requirements of the sensitive areas ordinance, which then requires a planned development overlay rezoning, but this is not the case and this applicant is not asking for special permission to impact environmentally sensitive features more than the Code already allows. Quellhorst asked about the archaeologically sensitive portions of the site and why it might be eligible for National Register. Russett stated she can't really answer that as she is not an archaeologist. There are definitely prehistorical sites that have potential benefits that should be preserved but they won't really know until a more detailed study is done if that is needed. Townsend asked about the uses allowed, who determines whether the provisional or the special exceptions are okay, will those come back to this Commission. Russett replied the provisional uses would be reviewed by staff and if a special exception is required it would go to the Board of Adjustment, but neither would come back to the Planning and Zoning Commission. Elliott asked if a buffer is needed to the east with Pearsons because they had warehousing. Russett stated no buffers are needed there, some screening may be required along the property line if there's surface parking, or outdoor storage uses but there wouldn't be any additional buffer Elliott asked if they will be able to see this from Highway One. Russett doesn't believe so because is set way back but it will definitely be seen from the onramp headed west on Interstate 80. Wade asked if the Commission will see the site plan review. Russett replied site plan review is always administrative, but the Commission will see the preliminary plat. Wade also asked about lot sized and the current concepts. Conley replied the applicant can address the concepts. Hensch opened the public hearing. Tyler Leo (ATI Group) stated this was just a quick concept drawn up but those lots are anywhere from seven to 10 acres, that's kind of their plan sweet spot just to give some flexibility on site planning and whatnot. Hensch closed the public hearing. Townsend moved to recommend approval of REZ23-0009, an application to rezone approximately 61.72 acres of the property north of 1-80 and west of Highway 1 from ID -RS, RDP, OPD/CH-1 to CI -1 subject to the following conditions: • Prior to approval of a preliminary plat, completion of a traffic study. • Prior to issuance of a building permit, completion of all required improvements, including off-site improvements, as determined by the traffic study, subject to review and approval of the City Engineer. Planning and Zoning Commission December 20, 2023 Page 10 of 11 Prior to site plan approval, approval of a preliminary and final plat. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. Elliott seconded the motion. Townsend stated it looks like a good project, there's not much going on in that area and the City needs something there for the revenue. Quellhorst noted some concerns about possible environmental impacts and archaeological impacts but it seems like that can be addressed as part of the platting process and so long as those are diligently addressed he would also support the proposal. Wade looks forward to development in that area. Hensch also supports this noting there's sensitive areas so he's very interested in how that will be worked out. Rapid Creek is also going right through the north there and he very concerned about the floodplains, he is also interested in the archaeological resources that may be present. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: DECEMBER 6,2023: Elliott moved to approve the meeting minutes from December 6, 2023. Wade seconded the motion, a vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Townsend moved to adjourn, Quellhorst seconded and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2023-2024 KEY: X = Present O = Absent O/E = Absent/Excused = Not a Member 12/21 1/4 1/18 2/15 3/1 4/5 4/19 6/21 7/5 7/19 8/2 8/16 10/4 10/18 111158 12/6 12/20 CRAIG, SUSAN X X X X X X X X X X X X X X X X WE ELLIOTT, MAGGIE X X X X X X X X X X X X X X X X X HENSCH, MIKE X X X X X X X X O/E X X X X X X X X PADRON, MARIA X X X X X X X X X O/E X X X X X O/E X QUELLHORST, SCOTT -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X X SIGNS, MARK X X X E O//E O X -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE O/E X WE X X X X X X X O/E X X X X X X WADE, CHAD X X O/E 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 'Fee - Doe ID: 032229380007 Type: GEN Kind: ORDINANCE Recorded: 02/09/2024 at 10:39:22 AN Fee Amt: $37.00 Pape 1 of 7 Johnson county Iowa Kim Painter County Recorder BK 6542 PG804-810 STATE OF IOWA } ) SS JOHNSON COUNTY ) � r , a,,+ M40PiW,L '+► City Of 04403C� I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 24-4920 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6th day of February 2024 is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this q� day of February 2024. Kellic Ik. Grace City Clerk - lord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ23-0009) Ordinance No. 24-4920 Ordinance conditionally rezoning approximately 61.72 acres of land located North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone (REZ23-0009). Whereas, the owner, Stephen A. Moss, has requested a rezoning of property located North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road, from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Intensive Commercial and encourages compact and efficient development; focuses industrial development on land suitable for industrial uses with good access to highways while buffered from residential neighborhoods; and aims to improve the environmental and economic health of the community by promoting development in urban renewal areas such as Moss Green; and Whereas, the rezoning creates a public need to ensure orderly and efficient development and an interconnected street network through the approval of a preliminary and final plat prior to approval of a site plan and a looped water system that prevents a dead-end spur; and Whereas, the rezoning creates a public need to ensure that any transportation impacts are addressed through the completion of a new traffic study prior to approval of a preliminary plat and completion of all required improvements, including off-site improvements, as determined by traffic study; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding the completion of a new traffic study; completion of all required improvements, including offsite improvements, as determined by the traffic study, subject to review and approval of the City Engineer; approval of a preliminary and final plat; and public improvements that include a looped water system to prevent a dead-end spur, the requested zoning is consistent with the Comprehensive Plan. Whereas, Iowa Code §414.5 (2022) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner, Stephen A. Moss, has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified to Intensive Commercial (CI - 1): Ordinance No. 24-4920 Page 2 ALL THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5T" P.M. LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80. AREA CONTAINS 61.72 ACRES. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severabili� If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of February .2024. Approved by City Attom 's Office (Sara Hektoen - 01!1112024) Ordinance Nc. 24-4420 Page 3 - It was moved by _ Dunn and seconded by Salih that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter x Bergus x Dunn x Harmsen x Moe x Salih x Teague First Consideration of /: A/2fn2h Voteforpassage: AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih, Teague NAYS: None ABSENT: None Second Consideration _ Vote for passage: Date published 02/15/2024 Moved by Dunn, seconded by Moe, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Moe, Salih}Teague NAYS: None ABSENT: None Prepared by: Madison Conley, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ23-0009) Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as "City") and Stephen A. Moss, (hereinafter referred to as "Owner"). Whereas, Owner is the legal title holder of approximately 61.72 acres of property located North of 1-80, West of N. Dodge Street, at the end of Moss Ridge Road legally described below; and Whereas, Owner has requested the rezoning from Research Development Park (RDP) zone, Interim Development Research Park (ID -RP) zone, and Highway Commercial with a Planned Development Overlay (OPD/CH-1) zone to Intensive Commercial (CI -1) zone; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Intensive Commercial: and Whereas, the rezoning creates a public need to ensure orderly development and an interconnected street network through the approval of a preliminary and final plat prior to issuance of a building permit and a looped water system that prevents a dead-end spur; and Whereas, the rezoning creates a public need to ensure that any transportation impacts are addressed through the completion of a new traffic study prior to approval of a preliminary plat and completion of all required improvements, including off-site improvements, as determined by traffic study; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding the completion of a new traffic study; completion of all required improvements, including offsite improvements, as determined by the traffic study, subject to review and approval of the City Engineer; approval of a preliminary and final plat; and public improvements that include a looped water system to prevent a dead-end spur, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2023) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, The Owner agrees to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Stephen A. Moss is the legal title holder of the property legally described as: ALL THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 80 NORTH, RANGE 6 WEST OF THE 5T" P.M. LYING NORTH OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 80. DESCRIBED AREA CONTAINS 61.72 ACRES. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2023) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Zoning Code, as well as the following conditions: a. Prior to issuance of a building permit for any portion of the above-described real estate, Owner shall obtain approval from the City Council of a preliminary and final plat for the entire 61.72 acres, and construct any necessary public improvements as set forth in a subdivider's agreement executed contemporaneously with the final plat approval. The public improvements shall include water main designed to extend and connect to the existing water main along 1-80 to create a loop to prevent a dead-end spur. During the preliminary plat application process, Owner shall obtain a traffic study for the Moss Ridge Rd/Hwy 1 intersection. Any off-site traffic control improvements shall be included in the public improvements required at the time of final plat approval. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2023), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, shall inure to the benefit of and bind all successors, representatives, and assigns of the parties, and shall remain in full force and effect until a building permit is issued for the above-described property, upon which occurrence these conditions shall be deemed satisfied and this agreement of no further force and effect. 6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of February Ci of Iowa City r ce Teague, May r Attest: 2 ,I ',AIN I L-0 EA tc.P_ `Kellie Grace, City Clerk Approved: by. />�k-7`��. City Attorney's Office a �1/,.z y City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on February 6 , 2024 by Bruce Teague and Kellie Grace as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for State of Iowa (Stamp or Seal) aevu+ TAMARA NEUMANN Commlaelon Number 838058 Stephen A. Moss Acknowledgment: * ++ MV COMMISSION EXPIRES MARCH 14, 2025 State of �c. c�- County of �j This record was acknowledged before me on (fc2024 by Stephen A. Moss. N tart' Public in and for the State of Iowa (Stamp or Seal) My commission expires: 512312vl5 hQw•cs NIKOI.AAPROM ' a Sy Commission Number 796292 * - + Aly Commission Expires ov o- is /2a r ?_0 7-5 Kellie Grace From: Anne Russett Sent: Wednesday, January 17, 2024 10:29 AM To: Kellie Grace Subject: FW: Sky Commerce Center (Moss Ridge) Kellie — See below. Expedited action requested for Moss Ridge rezoning. From: Michael Muhlenbruch<mmuhlenbruch@mcclurevision.com> Sent: Wednesday, January 17, 2024 9:10 AM To: Danielle Sitzman <dsitzman@iowa-city.org>; Anne Russett <ARussett@iowa-city.org> Cc: Geoff Fruin <GFruin@iowa-city.org>; Tyler Leo <tyler@atirealty.com> Subject: Sky Commerce Center (Moss Ridge) A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Danielle and Anne - With the comp plan amendment passing and the first reading of the rezoning being approved 7-0 with no comments from the public, we'd like to request the 2nd and 31d readings of the rezoning application be condensed at the City Council meeting on 2/6. Please advise. MICHAEL MUHLENBRUCH, P.E.* I�I�^ TEAM LEADER MG C L U R E Your vision. Engineered here. 2229 E Grantview Ln, Ste 2 1 Coralville, IA 52241 D: (319) 531-7808 1 0: (319) 626-9090 1 C: (319) 331-1582 1 F: (319) 626-9095 `IA