HomeMy WebLinkAbout2005-02-01 Public hearing NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 18th day of January, 2004, in
Emma J. Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
An ordinance changing the zoning designation
from Medium Density Single-Family Residential
(RS-8) zone to Sensitive Areas Overlay/Medium
Density Single-Family (SAO/RS-8) zone and a
preliminary Sensitive Areas Development Plan
for Olde Towne Village.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: ANN04-00001/REZ04-00030 Date: December 16, 2004
Davis property annexation
GENERAL INFORMATION:
Applicant: James Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Requested Action: Comprehensive plan amendment,
annexation and rezoning
Purpose: To allow for land to be annexed into Iowa
City, receive municipal services and
develop at urban densities. To allow for a
rezoning to CC-2 (18.18 acres); C1-1
(18.10 acres); CO-1 (11.12 acres) and
RR-1 (2.98 acres).
Location: North of Highway 1, west of Highway 218,
east of Kitty Lee Road
Property Size: Annexation area: 62.39 acres
Rezoning area: 50.40 acres
Existing Land Use and Zoning: Undeveloped; County A1
Surrounding Land Use and Zoning: North: Residential and undeveloped;
County A1 and RS;
South: Highway 1
East: Highway218
West: Residential and Agricultural;
County RS
Comprehensive Plan: Southwest District Plan shows this area
as rural residential
File date: December 9, 2004
45-day limitation period: January 23, 2005
SPECIAL INFORMATION:
Public Utilities: City water and sewer will be made
available upon annexation. The property
owner will be responsible for extending
water and sewer lines, and providing a
sewer lift station for sewer service.
Public services: Police and fire protection will be provided
by the City upon annexation; private
refuse collection is required for
commercial properties.
Transportation: Access to the area will be via Highway 1
with secondary access via Kitty Lee Road.
No public transit extends to this property.
Sensitive Environmental Areas: The Sensitive Areas Inventory Map shows
a potential wetland on the property
proposed for annexation that will need to
be addressed when a development plan
is submitted. The Map also shows
potential steep slopes on the property.
BACKGROUND INFORMATION:
This property is owned by James Davis, Robert Davis, and Jan E Smith, who are represented
by James Davis. They have applied for voluntary annexation to Iowa City, as well as a
Comprehensive Plan amendment and rezoning from County Al, Rural, rezoning to CC-2
(18.18 acres); Cl-1 (18.10 acres); CO-1 (11.12 acres) and RR-1 (2.98 acres). A
Comprehensive Plan amendment is required due to the Southwest District Plan land use map
identifying this area as Rural Residential.
ANALYSIS:
COMPREHENSIVE PLAN AMENDMENT
The Southwest District Plan land use map shows this land as large lot / rural residential. While
the plan does not elaborate on the rationale behind this designation, staff recalls this Iow
density designation was given to the area due to the lack of sewer capacity in this area to serve
anything but large lot rural residential development. The City recently improved the capacity of
the sanitary sewer line that serves the Escort Lane / Naples Avenue commercial properties on
the south side of Highway 1, south of this property. The applicant has proposed a sanitary
sewer lift station to bring sewer capacity to the property proposed for annexation; this will allow
it to be developed to urban densities.
While the 1997 Iowa City Comprehensive Plan identified the area around the Highway 218 /
Highway 1 interchange as being appropriate for commercial development, the Southwest
District Plan supersedes the 1997 Plan. Therefore, the Southwest District Plan will need to be
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amended in order to justify rezoning this property to any designation other than Rural
Residential. The applicant has submitted five reasons (see attached letter) providing
justification for designating this property as commercial in the Southwest District Plan. The
applicants comments are in bold; staff comment is in regular font.
1. Located at the busy intersection of Highway I and Avenue of the Saints, U.S. 218.
This lends itself to commercial more than residential. The land has good access to
this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218
and the northern border of Highway 1.
Staff agrees that properties with frontage on one of the two highways are more
appropriately zoned commercial due to visibility and access. The buffer shown on the
Southwest District land use map indicates it is not desirable for residential development
with frontage on the highways at this interchange. With sewer capacity being brought to
this property, rural residential development becomes an under-utilization of this property.
2. All other properties surrounding this interchange are commercial.
All the other quadrants of this interchange are zoned commercial, and have city services. It
has long been a policy of the City, as enumerated in the 1997 Comprehensive Plan, that
the Highway 218/Highway 1 interchange is designated as appropriate for commercial
development, while the Highway 218/Melrose Avenue interchange is appropriate as a
residential/institutional interchange. This is due to Melrose Avenue being a predominately
residential and institutional arterial street corridor.
3. Most of the property located south of Highway 1 across from this land has been
annexed into Iowa City and is zoned commercial.
The properties on the south side of Highway 1, east of Naples Avenue, are annexed into
Iowa City and are zoned commercial. The properties west of Naples Avenue are
commercial, but are not annexed into Iowa City.
4. We will work with you to provide a buffer for the residential area to the west.
With commercial zoning on these properties, a buffer and/or transition to the existing and
future residential properties will become very important to mitigate potential negative
externalities from urban commercial development on this property.
5. The Large Lot Residential zone, as currently illustrated and described in the SW
Area Plan, is less than desirable in the vicinity of the Highway 218/Highway 1
intersection.
With a plan to bring sanitary sewer service to the property, staff agrees with the applicant
that commercial zoning would be appropriate for the property, provided there is an
adequate transition and a buffer that includes landscaping between the commercial
property and the planned residential properties, and the existing residences along Kitty Lee
Road.
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ANNEXATION
The annexation policy in the Comprehensive Plan states that annexations are to occur
primarily through voluntary petitions filed by property owners. In addition the Comprehensive
Plan establishes three criteria under which to review annexation requests.
1. The area under consideration for annexation falls within the adopted long range
planning boundary.
The area proposed for annexation falls within the adopted long range planning boundary in
southwest Iowa City.
2. Development in the area proposed for annexation will fulfill an identified need
without imposing an undue burden on the City.
Part of the City's economic development policy is to support actions that will build the City's
tax base. The City is prepared to provide municipal services upon annexation and
development. There will be minimal cost to the City in extending fire and police protection
and street maintenance services. The developer is responsible for extending infrastructure
into the property.
3. Control of development is in the City's best interest.
Given that this property is within the City's growth area, and is located at a strategic high-
volume interchange, control of development at this location is in the City's best interest.
The conditions for voluntary annexation appear to have been met. The Comprehensive Plan
states it is the intent of the City to look favorably on voluntary annexation proposals within the
designated growth area.
Kitty Lee Road
Normally the property line will be synonymous with the centerline of a County secondary road,
and the property would be annexed to the centerline of the road. In this case, however, the
applicant owns approximately 15 feet of the 66-foot roadway easement. State of Iowa staff are
comfortable with the City annexing just the approximate 15 feet of the easement controlled by
the applicant, as long as the City and the County enter into a 28E agreement (agreement
between governments) regarding maintenance responsibilities for Kitty Lee Road. This
agreement will need to be finalized before the proposed annexation is forwarded to the State.
Two Mile Fringe Area
The Fringe Area Agreement between Johnson County and Iowa City states that "As
appropriate and necessary, the City may extend the two-mile extraterritorial plat review area.
Prior to any such extension, the City will forward to the County a proposal which includes the
extension of the City's plat review authority for any distance up to the two mile limit provided by
State law. The County will have a specified time within which to respond in affirmative
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agreement, negatively or with an alternative proposal. The City will take the County's response
under advisement when determining the extension of extraterritorial review."
A map of the area that would be affected if the two-mile fringe area were extended is attached.
Given that this area is well outside the growth area of the City, and is not in a traffic corridor
where there may be public interest in the City extending its review authority, staff does not feel
it is necessary to extend the City's two-mile fringe area in this case.
REZONING
Commercial Zoning
As discussed in the Comprehensive Plan Amendment section of this report, with the
availability of municipal sanitary sewer for this property, commercial zoning is a more
appropriate land use for properties adjacent to this interchange of two highways. There is a
symbiotic relationship between commercial development and high-volume highway
interchanges, particularly where there is already other commercial development in the other
quadrants of the interchange. The land abutting the interchange is not as conducive to
residential development due to the traffic noise and lights associated with highway
interchanges.
The applicant has proposed approximately 18 acres of Community Commercial (CC-2)
zoning, and 18 acres of Intensive Commercial (C1-1) zoning. The concept plan indicates
approximately 10 CC-2 lots will be created; CC-2 zoning at a highway interchange will likely
result in restaurants, retail businesses, and auto-oriented convenience stores and shops
(auto-oriented uses are permitted by special exception in the CC-2 zone). The concept plan
indicates the C1-1 zoning area will be reserved for one large user, accessed by a pair of new
streets. With proper attention paid to the transition of this commercial area to the properties
to the north and west, staff considers commercial zoning at this interchange to be the best
use of the land.
The northern property on the north side of Olde Oak Lane (a private street) is proposed to
be Rural Residential, RR-1, zoning. Since this property will not immediately have City
services, nor have access from a city street, rural residential zoning is appropriate. The
property is currently undeveloped and unoccupied.
Transition to residential and rural properties
One concern staff has in how commercial development in this location will impact existing
residents along Kitty Lee Road to the north, and future residents to the west. One way to
transition commercial development to residential development is to locate lower intensity
office commercial at the north end of the property. Office commercial development generally
attracts less traffic, and is quieter in the evenings and on weekends. The applicant has
incorporated 11.12 acres of Office Commercial (CO-1) zoning at the north end of the
development, including the existing pond (stormwater management area), and the concept
plan indicates this will result in three office commercial development lots.
Another way to mitigate the impact of commercial development is to construct a landscape
buffer/transition area to screen the view of the commercial development. This is an issue on
the north end of the development, and also along the east side of Kitty Lee Road where
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there may be an abrupt change from the commercial development on the east side of the
road, and the agricultural/rural residential uses on the west side of the road. On the concept
plan, the applicant has proposed a landscaped buffer along the north and west perimeter of
the CO-1 area, a double row of trees. While the concept plan shows a 35-foot buffer, the
applicants engineer has requested language be included in a Conditional Zoning Agreement
committing the developer/subdivider to a double row of trees, not necessarily a 35-foot wide
landscape easement.
Depending on the use and site design of the commercial properties abutting Kitty Lee Road,
staff is concerned about the appearance of the east side of Kitty Lee Road. It is an abrupt
change from the rural character on the west and north, to the commercial character on the
east side of the road. Staff recommends that language be included in the Conditional
Zoning Agreement that any walls, fences, or paved area be screened from view by a variety
of shrubs and/or trees. The applicant is working on a landscaping concept to present to the
Commission to address this issue.
Transportation and Access
When the property is proposed to be subdivided, the applicant has indicated he will construct
a new road into the property, a northern extension of Naples Avenue, creating a four-way
Highway 1 / Naples Avenue intersection. Because of the commercial zoning anticipated for
the property, it is highly likely a traffic signal will be required at this intersection. Staff has
requested a traffic study of the impact of this development to the Naples Avenue / Highway
1, and Kitty Lee Road / Highway 1 intersections. The traffic study will provide guidance on
appropriate changes to this segment of Highway 1 to accommodate the approximate 47
acres of commercial development, including the need for a traffic signal, turn lanes, and
other potential traffic controls. The Iowa Department of Transportation will also require a
traffic study and permit before the new access will be allowed.
To date, this traffic study has not been received. The percentage of the cost of traffic-
related improvements to be borne by the developer/subdivider should be spelled out in the
Conditional Zoning Agreement prior to City Council consideration of the zoning.
Another requirement that should be included in the Conditional Zoning Agreement is that
direct driveway access to Highway 1 from the commercial properties will not be permitted.
While Iowa DOT would likely not permit direct driveway access, including this expectation in
the CZA will forewarn future property owners of this requirement.
Kitty Lee Road
The applicant's concept plan indicates a future interior street intersecting with Kitty Lee
Road. With this design, the southern 550 feet of Kitty Lee Road will carry commercial levels
of traffic. Staff recommends that Kitty Lee Road be required to be reconstructed to City
collector street standards, including a sidewalk on the east side, to the commercial street
intersection. This standard of street design is appropriate for a street providing access to a
city commercial property. City and County staff will discuss the maintenance responsibilities
for this segment of road, since most of it will still be in unincorporated Johnson County.
North of the commercial driveway, staff is recommending the developer/subdivider be
required to pay funds equaling half the cost of reconstructing this road (the east half) to City
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local street standards, from the commercial intersection to the first residential lot, a distance
of approximately 1,075 feet according to the concept plan. Staff's rationale is that generally
streets must be constructed to city standards when development occurs adjacent to them. In
this case development on the west side of Kitty Lee Road is not likely to occur for a number
of years and it would be unfair to place the entire reconstruction cost of the road with the
current developer.
However, at some point in the future, this road will be required to be reconstructed, and it is
appropriate for the adjacent property owner, to whom the City may grant increased
development rights through the rezoning, to contribute toward this cost so the public is not
stuck with the cost.
Infrastructure
When the property is subdivided and developed, the applicant will be required to extend
public infrastructure, including interior public streets, water and sewer lines and stormwater
management facilities. For sewer service, the property will access the sewer line that has
been recently upgraded on the south side of Highway 1, east of Naples Avenue. Due to
topography, a sewer lift station will be required to pump to the sewer main to the south.
While this lift station will be sized to just serve the proposed development at this time, staff is
recommending it be designed with potential to be upgraded to serve the larger watershed.
Once constructed and inspected, the lift station and public sewer lines will be maintained by
the City.
Sensitive Environmental Areas
The Sensitive Areas Inventory Map identifies a potential wetland on this property, as well as
some steep slopes. Before a development proposal or subdivision can be approved on the
property, a wetland delineation report will need to be completed and accepted by the Corps
of Engineers and Iowa Department of Natural Resources, particularly if the pond is proposed
to be utilized for stormwater management, as is anticipated.
STAFF RECOMMENDATION:
Staff recommends that the Comprehensive Plan, specifically the Southwest District Plan, be
amended to identify the undeveloped area east of Kitty Lee Road, west of Highway 218, and
north of Highway 1, as appropriate for commercial development, provided there is a
buffer/transition between the commercial development and the residential properties.
Staff recommends ANN04-00001, an annexation of approximately 62.39 acres of property
located east of Kitty Lee Road, west of Highway 218, and north of Highway 1, and including
abutting Highway 1 right-of-way, be approved.
Staff recommends REZ04-00030, a request to rezone approximately 50.40 acres from
County Al, Rural to CC-2 (18.18 acres), C1-1 (18.10 acres), CO-1 (11.12 acres) and RR-1
(2.98 acres) for property located east of Kitty Lee Road, west of Highway 218, and north of
Highway 1, be approved, subject to a Conditional Zoning Agreement addressing:
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1. Funding responsibilities for installation of a traffic signal and turn lane
improvements at the intersection of Naples Avenue and Highway 1, and
Kitty Lee Road and Highway 1.
2. Improvements and funding requirements for Kitty Lee Road.
3. Requirements for landscaping and buffering where the commercial
development abuts residential properties and Kitty Lee Road.
4. Access control i.e. no direct driveway access to Highway 1.
5. Requirements for the sewer lift station to be sized to serve the proposed
development with potential to be upgraded to serve the watershed.
A'FI'ACHMENTS:
1. Location map
2. Letter from applicant regarding Comprehensive Plan amendment
3. Annexation exhibit
4. Rezoning exhibit
5. Concept plan for future development
6. Map of two mile fringe area
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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SITE LOCATION: ~amos Davis propo~ A~04-0000~/BIZ04-00030
October 27, 2004
Planning and Zoning Commission
410 E. Washington
Iowa City, Iowa 52240
Re: Change to the Southwest District Plan
To Whom It May Concern:
We are requesting a change in the comprehensive plan for a parcel of land (Exhibit A),
that is currently located in the county and has purposed residential zoning. Our request is
to have the proposed zoning changed to commercial.
Reasons for a change are as follows:
1) Located at the busy intersection of Highway One and Avenue of the Saints, U.S. 218.
This lends itself to conunercial more than residential. The land has good access to
this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218
and the northern border of Highway One.
2) All other properties surrounding this interchange are commercial.
3) Most of the property located south of Hwy One across t~om this land has been
annexed into Iowa City and is zoned commercial.
4) We will work with you to provide a buffer for the residemial area to the west.
5) The Large Lot Residential zone, as curremly illustrated and described in the SW
Area Plan, is less than desirable in the vicinity of the 218/Hwy 1 imersection.
Thank you for your consideration.
Sincerely, ,
4097 Kitty Lee Rd. SW
Iowa City, Iowa 52240
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE
MORMON TREK BOULEVARD EXTENSION -
BOX CULVERT PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSON8:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract
and estimated cost for the construction of the
Mormon Trek Boulevard Extension - Box Culvert
Project STP-U-3715(629)--70-52 in said city at
7:00 p.m. on the 1st day of February, 2005, said
meeting to be held in the Emma J. Harvat Hall in
the City Hall, 410 E. Washington Street in said
city, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the
Oity Clerk in the City Hall in Iowa City, Iowa, and
may be inspected by any interested persons.
Any interested persons may appear at said
· meeting of the Oity Oouncil for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of
Iowa City will hold a public hearing on the 1st day
of February, 2005, at 7:00 p.m. in the Emma
Harvat Hall, City Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider a resolution of intent to
amend a purchase agreement for condominium
unit 1-C in Tower Place and Parking facility.
Copies of the proposed resolution are on file for
public examination in the office of the City Clerk,
City Hall, 410 E. Washington St., Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
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