HomeMy WebLinkAbout03-03-2005 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Monday, February 28, 2005 - 7:30 PM
Informal Meeting
Robert A. Lee Community Recreation Center
Meeting Room B
220 S. Gilbert Street
Thursday, March 3, 2005 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Presentation of the proposed new Zoning Ordinance for the City of Iowa City
D. Consideration of the February 17, 2005 Meeting Minutes
E. Adjournment
Informal
Formal
City of Iowa City
MEMORANDUM
February 25, 2005
To: Planning and Zoning Commission
From: Karen Howard - Associate Planner
Re: Code Rewrite work session - Monday, February 28
At your informal meeting on Monday, we would like to do a trial run of the presentation
for Thursday. Bob Brooks has prepared some introductory remarks and staff has
prepared a rough draft of the powerpoint presentation. We will work at the meeting to fit
these pieces together, so we will have a smooth presentation of the highlights of the
proposed Code to the public on Thursday.
With regard to the upcoming open house sessions, we will bring a sign-up sheet, so we
make sure that these sessions are well-staffed.
The public review draft of the Code is back from the printers. We will distribute copies
at the meeting on Monday.
MINUTES
PLANNING AND ZONING COMMISSION
FEBRUARY 17, 2005
EMMA J. HARVAT HALL
DRAFT
MEMBERS PRESENT: Benjamin Chait, Beth Koppes, Don Anciaux, Jerry Hansen, Bob Brooks, Ann
Freerks
MEMBERS EXCUSED: Dean Shannon
STAFF PRESENT: Bob Miklo, John Yapp, Anissa Williams, Mitch Behr
OTHERS PRESENT: Kim Kirchner, Evelyn Frey, Ed Pierson, Robert Croush, Victoria Concha, Casey
Cook, Mary Ott, Regina Alatalo, Larry Schnittjer
RECOMMENDATIONS TO COUNCIL:
Recommended denial, by a vote of 6-0, REZ04-00017/SUB04-00017, an application submitted by Third
Street Partners for a rezoning from Low Density Single-Family Residential (RS-5) zone to Planned
Development Housing Overlay - Low Density Single-Family Residential (OPDH-5) zone and a preliminary
plat of Village Green, Part XXIII and XXIV, an 83-lot residential subdivision on 25.67-acres of property
located on Wintergreen Drive.
Recommended approval, by a vote of 6-0, ANN04-00001, an annexation of approximately 62.03 acres of
property located east of Kitty lee Road, west of Highway 218 and north of Highway 1, including Highway 1
right-of-way.
Recommended approval, by a vote of 6-0, REZ04-00030, a rezoning of approximately 50.03 acres of
property from County A 1 to CC-2, Community Commercial (approximately 16.05 acres), CI-1, Intensive
Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-
1, Rural Residential (approximately 2.83 acres) be approved subject to a Conditional Zoning Agreement
addressing:
1. Naples Avenue I Highway 1 intersection: Funding responsibilities for construction of turn lanes and
traffic signal improvements as recommended in the traffic impact study, including the
developer/subdivider funding 100% of the cost of the north leg of Naples Avenue, and 90% of the
cost of turning lane improvements, improvements to the south leg of Naples Avenue, and traffic signal
improvements at the Naples Avenue / Highway 1 intersection, as recommended in the February 2005
Menards Traffic Study. The City will reimburse 10% of the cost of these improvements upon
installation and acceptance by the City. Said improvements are to be installed prior to the issuance
of an occupancy permit for any lot in the development.
2. Naples Avenue design and access: Naples Avenue north of Highway 1 being constructed to
collector street standards, with shared access points for Lots 13&14, and 11&12, as numbered on the
MWD Davis Addition concept plan submitted on February 17. Access drives to Lot 2, the CI-1-zoned
lot, shall be opposite these shared access points, to create predictable and consistent access points.
3. Kitty Lee Road improvements: Prior to access being permitted to Kitty Lee Road, Kitty Lee Road
shall be reconstructed to City collector street standards from Highway 1 to the commercial driveway,
and a left turn lane shall be constructed on Highway 1 for eastbound traffic turning north onto Kitty
Lee Road. To determine if a Highway 1 right-turn lane is needed for west-bound traffic turning north
onto Kitty Lee Road, a traffic study (approved by the City) predicting turning movements related to the
proposed land use of Lot 1 must be completed. Any improvements recommended by the traffic study
must be completed prior to an occupancy permit being issued for any property using Kitty Lee Road
for access.
4. Kitty Lee Road funding: The developer/subdivider paying funds equal to % the cost of
reconstructing Kitty Lee Road to City local street standards from the northern-most commercial
driveway/entrance intersection to the south property line of Lot 1 of RH Davis subdivision Part II.
5. Landscaping: The perimeter landscaping generally depicted on the preliminary landscaping plan
dated 1-27-05 be planted prior to the issuance of an occupancy permit for any lot in the development.
Planning and Zoning Commission Minutes
February 17, 2005
Page 2
6. Fencing: The design of any fencing along the west and north boundaries of the commercial lots
identified as Lots 1 and 2 on the MWD Davis concept plan being approved by the City as part of site
plan approval.
7. Access control: No direct driveway access to Highway 1 is permitted.
8. Sanitary sewer provision: Requirements for the sanitary sewer lift station to be sized to serve the
proposed development with potential to be upgraded to serve the entire watershed.
9. Highway 1 sidewalk: In lieu of a sidewalk being constructed along the Highway 1 frontage, the
developer/subdivider paying for the paving cost of a four-foot sidewalk. The City will use this money
for a public sidewalk in the future as part of future Highway 1 pedestrian improvements.
10. Installation of lighting at Intersection: Upon incorporation into the City, the installation of lighting
to improve visualization to City standards be installed at the intersection of Highway 1 and Kitty Lee
Road.
Recommended approval, by a vote of 6-0, V AC05-00001, the vacation of approximately 19,050 square
feet of unimproved Dane Road right-of-way, located north of Mormon Trek Boulevard.
CALL TO ORDER:
Anciaux called the meeting to order at 7:35 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING/SUBDIVISION ITEM:
REZ04-00017/SUB04-00017, discussion of an application submitted by Third Street Partners for a
rezoning from Low Density Single-Family Residential (RS-5) zone to Planned Development Housing
Overlay - Low Density Single-Family Residential (OPDH-5) zone and a preliminary plat of Village Green,
Part XXIII and XXIV, an 83-lot residential subdivision on 25.67 acres of property located on Wintergreen
Drive.
Miklo said this item had been before the Commission at several previous meetings. They had voted on it
at the 1/20/05 meeting recommending approval provided a number of conditions were addressed. The
applicant had submitted new plans for the City Council's 1/15/05 meeting. City Council had returned this
item back the Commission because the Commission had not had the opportunity to review the new
elevation plans and provide a recommendation.
The new plan had been revised to include 7-foot instead of a 5-foot setbacks for the zero-lot line interior
lots and also new models for the exterior zero-lot lines.
Public discussion was opened.
Kim Kirchner, 2906 Sterling Drive, said last week she was at the point of accepting the proposed
redevelopment plans with the conditions that the Commission had recommended to Council. The
neighborhood had done a lot of leg work, written a letter, placed announcements and notified the
neighbors to attend the Tuesday 2/15/05 Council meeting. On Tuesday when she arrived home, she'd
received a letter that the developer had presented a new plan and that this item was no longer on the
Council's agenda. Kirchner said that had been very frustrating, especially since the neighborhood had
spent as much time as they had trying to get persons to attend the Council meeting and express their
opinion. They had also done all of this 10+-years ago. Kirchner said it appeared to her that the
Commission had told Third Street Partners to abide by certain guidelines at the initial meeting in
December. They had never done so. Third Street Partners had submitted what they thought they wanted
but had not paid any attention to what the Commission had told them to do during the subsequent three
meetings. Kirchner said the developers had changed the plan numerous times as if it was a moving
target, which made it difficult for Staff and the Commission to pinpoint the different changes and explain
them to the neighbors. In previous meetings she'd voiced that she'd like to see more single-family
dwellings in the new proposal which had been part of the original plan approved over 10-years ago.
Planning and Zoning Commission Minutes
February 17, 2005
Page 3
Kirchner said she didn't understand why there had been so many delays and debates, but she
understood that it was the Commission's job to pinpoint and narrow down. It had been a lot of wasted
effort on the neighbor's part to have done this 10-years ago and to have to do it again now, especially
when the agenda item had not gone through Council as projected.
Kirchner said she understood that the Commission wanted to have better housing and specific plans.
What was being presented was not a cohesive design which was what was in their current neighborhood.
Frantz, one of the partners of Third Street Partners, lived not far from their neighborhood and was in favor
of seeing this go through. In her opinion, they were trying to wear down the community, wear down the
Commission who had stated in the previous meeting that they were not in favor of the proposal but had
approved the application simply to send it on to Council for a decision. Kirchner said she did not know
what else to say. She had had a letter prepared to read but was too frustrated with the situation to read it.
She said that zoning should mean something and not be a constantly changing target.
Evelvn Frv, 1855 Sterling Court, said they had all moved in to the Village Green subdivision knowing that
the fields would someday be developed. It had been a given and they were all looking forward to having
the through streets developed and that sort of thing. Fry said what she didn't understand was why this
land had been so difficult to build on. Over, over, and over again changes and different plans. Fry said
over the years the plans for this area had changed, the City's requirements had changed. Change was
never easy but it was a fact of life. The neighborhood had found out that new developments within the
City limits must make efficient use of space. They all understood that and supported the concept. Fry
said they understood the concept of increasing the diversity of available housing within a neighborhood.
They understood it because they lived in it. Village Green was hugely diverse. There were single-family
homes, condominiums, apartments, 4-plexes, Wellington Condominiums and huge houses on the hill.
They understood the concept of diversity of housing and would continue to live within it and support it.
Fry said she did a lot of walking and noticed when she walked though Village Green that one could not
see clearly the demarcation between one part of the subdivision and the next part - areas which had
been built 30-years ago, 20-years and the part that had been done even last year. They were different,
but when moving from one area to another the edges had been blended and it was nicely mixed; the
ingredients were well mixed throughout. Fry said they'd like to see this continue. The neighbors and
neighborhood could change, they were willing to change. They understood that higher density was a fact
of life and as long as the City supported higher density with adequate services and it was well designed,
they could live with that. Fry said what they could not handle was a blazing scar across the center of their
neighborhood and that is what they felt part of the proposed development would be, a blazing scar.
Developments of higher density did need to be build within an existing neighborhood but they needed to
be well planned and a lot of thought given to the detail of the development. The neighborhood felt the
current proposal was woefully inadequate. Fry said Third Street Partners had not significantly changed
the proposal since the first go-round in the last four months. Fry said she didn't know how the
Commissioners felt, but she felt the neighbors were wasting their time. She felt the developers should
come up with a plan that everyone could cheer about.
Ed Pierson, 2054 Hanna Jo Court, asked for a clarification of the lot-line layouts on the overhead. Miklo
pointed out how the current proposal varied from the 1993 OPDH rezoning and where the 17 additional
lots are proposed.
Robert Croush, 42 Pond View Court, asked how the plan before the Commission at this meeting was
different than the one that had been submitted to the Council. Miklo said the building models were
different than what the Commission had voted on and the setback on the interior zero-lot line lots had
been increased from 5- to 7-feet. Crousch said his concern was still the lower part near the railroad
tracks from the standpoint of noise. He was not sure it was an issue for the Commission however he had
a concern about it and he felt the developer should have a concern about it as well. If a buffer could be
built or created it would be advantageous for the people in the community. The noise primarily was from
the rooftop units on the factory across the tracks. It emanated to the residences, especially when the
wind was from the south. Crousch said he would be wiling to help in any way that he could to work to
resolve the noise issue.
Public discussion was closed.
Anciaux asked for a motion to approve REZ04-00017/SUB04-00017, with the changes as submitted.
Planning and Zoning Commission Minutes
February 17, 2005
Page 4
Request died for lack of a motion.
Motion: Freerks made a motion to deny REZ04-00017/SUB04-00017, with the changes as submitted.
Brooks seconded the motion.
Freerks said the neighborhood had spent a lot of time on this as had the developers, Planning Staff and
the Commission. It was troubling to see these changes come at this point in time, the changes appeared
to be going in the wrong direction. It was not really what the Commission had asked for. The Commission
had already settled on recommendations. Freerks said she didn't feel the most recent submission was
sufficient. It did not address the concern of having a cohesive design. Seeing it brought to the
Commission at this point, she felt they needed to deny it as a Commission.
Brooks said he was the only one who had voted against this application last time and he would continue
to vote against it. Brooks said he felt there were several issues that he was not in agreement with.
Brooks agreed with the sentiments voiced by Freerks saying he was unsure how the most recent
submissions had 'made it' to Council when the Commission had approved certain building concept and
elevation plans. He felt it was troubling that the developer had submitted changes at the eleventh hour
and asked the Commission to approve the proposal. He needed more time to consider and evaluate the
changes in comparison to what the Commission had asked for in the original amendment.
Hansen said he'd voted for this item previously just so it would go to City Council with at least a
conditional agreement. There were now 10 alternatives to the design elevations and looking it over
roughly he felt there were only five that he would even consider. Hansen said without time to further
consider the new submissions, he would vote against it.
Koppes said she didn't like receiving new materials at the eleventh hour, trying to read it quickly and
understand all the changes. The designs were very similar to each other and she liked the original
designs better. Koppes said she felt the Commission was just being rushed into this so she could not
support it.
Chait said he was not going to speak to the merits of the issue. On Monday evening they'd received a
heads up that this item was being returned to the Commission and had discussed having the issue
deferred to allow the citizens to have more opportunity and the Commission more opportunity to express
their concerns. The policy of the Commission had always been to have two meetings for issues before
voting on them.
Freerks said it came into play for her because the developer didn't even wish to address the issue this
evening. Those new plans were counter to the direction the Commission had given back in December
regarding what was necessary to create a more dense neighborhood with a cohesive design. There was
nothing new being offered in terms of an explanation. To have to drag the neighborhood here again a
second time, she was not comfortable with it.
Anciaux said he was not comfortable with this item, especially last minute. He had not been home yet
today to read his mail so had not even seen the new information and elevations before arriving at the
meeting. Anciaux said he would likely vote against this.
The motion to deny passed on a vote of 6-0.
ANNEXATION ITEM:
ANN04-00001, an application submitted by James Davis for a voluntary annexation of approximately
62.03 acres of territory located east of Kitty lee Road, west of Highway 218 and north of Highway 1,
including Highway 1 right-of-way.
REZ04-00030, an application submitted by James Davis for a rezoning of approximately 50.03 acres of
property from County A1, Rural, to CC-2, Community Commercial (approximately 16.05 acres), CI-1,
Intensive Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres)
and RR-1, Rural Residential (approximately 2.83 acres) be approved subject to a Conditional Zoning
Agreement as noted in Staff report of 2/17/05.
Planning and Zoning Commission Minutes
February 17, 2005
Page 5
Yapp said Staff had received a revised zoning exhibit earlier that afternoon which removed the east-west
road connecting Naples Avenue to Kitty Lee Road and the intensive commercial lot had grown slightly
larger to the south. The north boundary remained the same. The Office Commercial area and the Rural
Residential areas remained the same. Staff had also received a new concept plan which had been
distributed to the Commissioners. Yapp said the concept plan was not necessarily binding but it gave a
good indication of how the land might develop. The acreages shown on the agenda of each zone had
changed slightly as well.
Staff had placed the item on the agenda because the City had received a traffic study for this
development. The traffic study proposed certain transportation and infrastructure improvements that
would be necessary to support commercial development on this property. Anissa Williams, a Traffic
Engineer for the City was present to answer specific traffic related questions. Yapp said a question had
arisen Monday evening regarding the placement of a traffic signal at the Intersection of Naples Avenue
and Highway 1 and also a question regarding the reduction of the speed limit on Highway 1 between U.S.
218 intersection and Kitty Lee Road. Jeff Davidson, the Transportation Planner for the City had written a
memorandum to the Commission to address both questions.
Yapp said Staff recommended approval of ANN04/00001 and REZ04-00030, subject to certain conditions
being met including:
1) The necessary infrastructure being installed at the Naples Avenue and Highway 1 intersection. The
property owner or sub-divider would fund 90% of those improvements and the City would fund 10%
of the improvements. The rational for that percentage was due to: 1) without development on this
property, a traffic signal would not be needed at all and 2) based upon the amount of turning traffic,
approximately 90% was turning to the north leg of Naples Avenue versus only 10% turning toward
the south leg of Naples Avenue.
2). The removal of the east-west road to Kitty Lee Road would have the effect of having more traffic on
Naples Avenue and less traffic on Kitty Lee Road. The only lot proposed to have access Kitty Lee
Road was the southern most lot.
3). Prior to that lot developing with a driveway to Kitty Lee Road, Kitty Lee Road be reconstructed to
the commercial driveway to collector street standards and a left turn lane onto Kitty Lee Road be
considered at the time that that lot is developed. Because Naples Avenue would have more traffic
on it, access control measures be utilized including controlling the number of driveways on the
southern third of Naples Avenue to allow cueing space for traffic exiting onto Highway 1.
4) The developer pay funds equal to % the cost of reconstructing Kitty Lee Road to City local street
standards from the northern-most commercial driveway/entrance intersection to the south property
line of Lot 1. The property on the west side of Kitty Lee Road would pay the other % upon
annexation and zoning.
5) Landscaping. Staff had received a landscaping plan which indicated pine tree screening planted
along the rear of the residential lot; shrubs and trees along the perimeter of the large commercial
lot; and a variety of water tolerant species planted in the outlot.
6) Fence. Proposed around the large commercial lot. It was staff's recommendation to get details on
this fence as part of a site plan.
7) No direct driveway access to Highway 1 be permitted.
8) Sanitary Sewer Provision: Requirements for the sanitary sewer lift station to be sized to serve the
proposed development with the potential to be upgraded to serve the entire watershed.
9) Sidewalk: In lieu of a sidewalk being constructed along the Highway 1 frontage, the developer pay a
fee toward the cost of that sidewalk. The City would construct that sidewalk in the future as part of
future Highway 1 pedestrian improvements.
Freerks asked if there would be some type of division from lot #1 in the CC-2 zone and the CI-1 proposed
Menards area to prevent cut-through traffic from access on Kitty Lee Road to the proposed Menards.
Yapp said Staff could not answer that yet. The initial development information that Staff had seen there
Planning and Zoning Commission Minutes
February 17, 2005
Page 6
would not be easy access between the two lots but Staff did not yet have an official subdivision or site
plan application. Freerks asked if that was something that the Commission should be concerned about in
the future. Miklo said there were pro's and cons but it would provide a possible secondary access for
emergency vehicles.
Yapp said at this meeting the Commission was just voting on the zoning pattern along with certain
conditions. The next step would be to review a sub-division application which would have more specifics
for infrastructure.
Anciaux asked if Staff felt the revised plan with the removal of the east-west connecting road would
provide adequate traffic circulation. Yapp said Staff recommended approval with conditions. Anciaux said
he personally would rather see the road go over to Naples Avenue as it would provide a lighted,
controlled access for the entire area. Yapp said again there were pros and cons. It reduced the amount
of traffic using Kitty Lee Road by not allowing the access between Kitty Lee Road and Naples Avenue but
for the one particular lot the only access would be through Kitty Lee Road if access was not provided
through a parking lot on the development site itself.
Hansen asked what the zoning was on the west side. Yapp said it was agricultural. Hansen asked if it
was within annexation boundaries and how developable was that property for residential. Yapp said he
thought Staff would not recommend residential immediately on Highway 1. Hansen said in the long term
there was the potential for a large traffic stream coming down there. If persons wanted to go to the
proposed Menards, they would have to go out to Highway 1, go around and go back in. Yapp said
without a road access that was correct. Yapp showed an overhead map of the Southwest District Plan
which showed a future collector street for future residential development to the northeast.
Koppes asked if it was specified where the driveway could be located and how close it could be to
Highway 1. Yapp said Staff had recommended that Kitty Lee Road would need to be reconstructed to
that driveway. The location of the driveway was unknown.
Koppes asked if during a rezoning, could/should the Commission state the reason they would not want
access from CC-2 and CI-1. Yapp said now would be the time to make a note to specify limited or require
access between CC-2 and CI-1.
Anciaux asked what were examples of businesses that were allowed in CC-2. Yapp said retail, grocery
stores or restaurant; with a special exception the potential for a convenience store and gas station.
Brooks asked when reviewing the original plan, which had contained the east west road, had the
Commission stipulated or discussed any restrictions from any of these lots onto Kitty Lee Road. Had
restrictions been placed on the lower lot? Yapp said the Commission had not placed any. Typically the
City only required restrictions to arterial streets.
Brooks said he'd like an explanation from the developer why not leave the connection to the lower lot over
to the Naples Avenue and out to the signalized intersection and restrict all access from Kitty Lee Road to
any of those lots and bring all the traffic out through the controlled intersection at Naples Avenue.
Freerks asked what had been proposed for the little island that was created? Yapp said that had been
proposed as a separate commercial lot. With the latest proposal, under the zoning, it would all be the
same zoning.
Public discussion was opened.
Larrv Schnittier, said with regard to the questions as to why the road had been removed - all that
discussion was a result of the traffic study. The traffic study required that there be basically 250-feet of
storage lanes on the entrance road. The proposed intersection was only % of that distance. It had not
been possible to move the proposed intersection any further north. The developer had looked at various
alternatives that would allow them to still be able to meet the requirements of the persons who wanted to
build on the CI-1 parcel but it had not been possible. The grade considerations had been tough. Trying
to fit everything together had not worked, especially since there had to be the 250-feet of storage space
between Highway 1 and the intersection. The small CC-2 parcel had been marginally developable at best
Planning and Zoning Commission Minutes
February 17, 2005
Page 7
with its grades. It had been very small and they'd basically taken it out of this new plan. To do anything
with it would have required substantial retaining walls.
Koppes asked for suggestions from Schnittjer regarding limiting traffic from the CI-1 area accessing the
CC-2 zone and exiting the driveway off Kitty Lee Road. Schnittjer said the proposal they were working on
for that parcel had a security fence on all sides of it which tied back into the building. The security fence
would go to within 20-feet of the Highway 1 right-of-way.
Anciaux asked if the elevations for the lot adjacent to Kitty Lee Road, were such that it could be situated
such so that it didn't look like you were to access it from Naples Avenue. Schnittjer said it would not be
readily apparent that there was any possibility from Highway 1 .
Schnittjer said they had been working feverishly on this item all week so they could have a presentation
put together to present to the Commission. They didn't like putting something before the Commission at
the eleventh-hour but with all the negotiations that had been going on, it had not been preventable.
Victoria Concha, 4086 Kitty Lee Road, said it was news to the residents of that area that the access to
Kitty Lee Road was now gone. She'd need to think about it for a while, but it had the potential to be a
good thing. She was concerned as to what would go in the little triangle at the bottom. If it were to
become a gas station and they had access off Kitty Lee Road, that would be horrible. They had no
sidewalks, no place to go on the other end because it was a dead-end street. Many residents walked and
ran along their street. They would not be able to do so if there was a gas station at the end of their street.
Concha said she was in receipt of notice of the traffic study which contained a recommendation for a left
turn lane onto Kitty Lee Road off of Highway 1. Everyone in the neighborhood she'd talked to felt the
surveyors had to have made a mistake. There were 17 houses in her development. Very few of those
persons went to Kalona or Washington on a regular basis needing a left turn lane into their development.
There was very little left-turning traffic into their development - they all turned right off of Highway 1 onto
Kitty Lee Road. Turning right at that intersection was horrible, they were just asking for someone else to
be killed there. At that intersection Highway 1 merged from two lanes to a single lane and there was also
a median there. Persons thought they could pass a slowing car on the left side but it was not possible
with the median. Traffic was picking up speed at that intersection, to turn right onto Kitty Lee Road a
vehicle had to get off on the shoulder and hope they didn't get rear-ended or side-swiped. Concha said it
made no sense to the residents of the development for a left turn lane when a westbound right turn lane
is what is needed. She and her husband had spoken with Jim Davis whose perception was that a feeder
road would have been primary access to get into and out of Menards. Semi trucks would never be able
to make a right-hand turn there. She would love to see a right-hand-turn lane recommended to be
installed there for safety purposes.
Yapp said when they had met on Monday evening and the east-west road to Kitty Lee Road was still
informally in the plans, he had suggested that a right turn lane be added to the Staff recommendation.
The applicant's traffic study had not indicated a need for a right turn lane however the study had been
based on capacity not safety or study of the geometry of the intersection. In Staff recommendations for
the CZA, proposed condition #3 stated that "prior to any construction or development on that lot, a traffic
study specifically for that lot be generated that would indicate additional improvements necessary for that
intersection." It depended largely on the proposed land use for that lot. If it would become an insurance
office it would generate very little traffic. If it would become a gas station, that would generate a lot of
traffic which would indicate a need for a larger turning lane facility there. Yapp said it was somewhat
putting off the decision of specifically what type of infrastructure but before any specific development was
proposed, Staff recommended that a smaller traffic study just for that be done.
Freerks asked if Staff predicted possible commercial development to the south along the highway? Yapp
said that was somewhat of an unknown. That property owner had not expressed a desire for their
property but with highway frontage it had the potential.
Casey Cook, 1 Oak Park Court, said he was a 50% owner of a garage self-storage facility, 30% owner of
an adjacent property and was in the process of purchasing two additional near proximity lots so he had a
lot of interest in this particular area. Cook said the development of Menards would bring a lot of
economic vitality to this area but would also accelerate the development of the lots that fronted along
Highway 1 toward commercial. Some of the lots were already zoned commercial, those that were not
Planning and Zoning Commission Minutes
February 17, 2005
Page 8
zoned commercial were underdeveloped. Cook said keeping that in mind and how did one knit that area
together with the infrastructure changes what the Commission was looking at. Cook suggested that the
proposed sewer line go straight down Naples Avenue and pick-up the manhole at Sierra Court. It was
more direct and he felt it would be more efficient. He'd also discussed this idea with Rick Fosse and Ross
Spitz of the Public Works Department. Cook said as part of the annexation process he felt it was
important that these lots have easy access to sanitary sewer. It was important to make provisions for
some type of manhole to be located either near or directly in front of one of his properties which has a
central location. It would be beneficial for all the property owners in that area if they have reasonable
access to sewer. He also shared the neighbors concerns regarding the intersection at Kitty Lee Road.
He said there was a potential to isolate properties so he felt it was important to take steps to
accommodate the properties in the growth area.
Cook asked how many cars were expected to be entering the proposed Menards on an average daily
count basis when the Menards development was stabilized? Williams said only a peak-hour analysis had
been done which had been right around 2500 vehicles each peak hour onto Naples Avenue.
Cook asked how that compared to a 100-house subdivision. Yapp said it would be more, depending on
the location. Approximately 700-1000 vehicles, so this would be approximately 2 % times as many
vehicles. Cook said when he had served on the Commission, the secondary access counts kept
elevating up and up. The proposed Menards vehicle flow was approximately 2 % greater, without a
secondary access he felt that would be an issue. Cook said he felt there needed to be a secondary
access, the intersection at Kitty Lee Road needed to be improved and there needed to be a right-hand
turn lane coming off Highway 1, heading northbound. Cook said he was also concerned with left-turn
access into the future commercial properties. There were elevation changes and if persons were
focusing on turning across traffic flow from a single lane there needed to be more scrutiny of that
intersection and to have the properties to the south brought into that scrutiny when it was considered
what the intersection should look like. He fully agreed with Hansen's statement that in the very near
future there would be a large flow of traffic there.
Mary Ott, 4056 Kitty Lee Road, said she'd come to the meeting to talk about the lack of a right-hand turn
lane onto Kitty Lee Road. The elimination of the east-west road was new news, the subdivision residents
needed further time to think about that. Ott said a right-hand turn lane was needed right now. At the
point where persons were picking up speed to exit Iowa City, persons turning right onto Kitty Lee Road
were slowing down. That area of Highway 1 was poorly marked, the median was there and almost
everyone had had to take to the shoulder to keep from getting hit. Ott said with the potential for a
convenience store gas station going into the small triangle area, if it didn't' have access onto Highway 1 it
would have access onto Kitty Lee Road which meant more people would be turning there. If a right turn
lane were not installed, it would be a disaster as there had already been accidents there, one of which
resulted in a death.
Reaina Alatalo, 3671 Old Oak Lane, said she supported the right hand turn lane. Many years ago when
the DOT had suggested that Highway 1 become a super highway they had all attended meetings and had
petitioned to have a right hand turn lane installed at that time. That had been approximately 10-years
ago, which was an indicator of how long a right-hand turn lane had been needed there.
Alatalo said that intersection also needed nighttime lighting, not a stoplight, but lighting. Currently there
was no light for vision at night.
Alatalo asked what was the requirement for a fence between the commercial area and the residential
area. The fence that was there now was very poor. It had some barbwire at the top but when there had
been cows in that pasture the cows had been lose all the time. Alatalo said something needed to be
done so there would be a mechanism to stop anything coming from the commercial areas to the
residential area before anything was approved.
Yapp said the City of Iowa City did require streetlights at intersections. Once this was in the City that
would be the point at which the City would look at adding street lighting at the intersection at the highway.
Yapp said it was his understanding that a fence was proposed around the larger commercial lot along
with the landscaping. Pine trees were proposed for along the rear of the lot, however, staff didn't know if
there would be fencing for each individual lot. It would be as each lot was proposed for development.
Miklo said there was no requirement for a fence.
Planning and Zoning Commission Minutes
February 17, 2005
Page 9
Hansen said once the Commission had voted to annex, when would the City look at lighting for that
intersection. Yapp said it would need to wait until infrastructure started to be established on the site both
for electrical and conduit. At this point Staff couldn't say for sure. Hansen asked if the addition of street
lighting at that intersection could be made a condition of the rezoning. He said they'd discussed reducing
traffic speed and activating the signal earlier because the neighbors and Commission were very worried
about safety there. He felt the development would draw a lot more traffic to that area and as bad as it
was now, it could only get worse.
Public discussion was closed.
Brooks said with reference to the comment made by Cook regarding the volume of traffic and only one
access was starting to concern him. He requested Staff to explain that rationale and if there were similar
situations in town where there was a development of that magnitude including the CI-1 zone plus the
other 11 lots in the development which would contribute to traffic. Yapp said the existing Menards -
Toyota - Jiffy Lube - Nappa were all on a single means of access on Highway 1. North Gate Drive was
also on one means of access and was proposed to 'loop around' to provide secondary access some day.
Yapp said Staff had met with the Fire Chief that morning when the updated plans had been first proposed
to them. The Chief had accepted this given certain design conditions on Naples Avenue including the
access control for the driveways, dual left- turn lanes, 5 lanes at the intersection (dual left-out, a through-
out, and two right in lanes), plus the sidewalks would be usable area by the fire department if an accident
would occur at the intersection. Yapp said he thought the Fire Chief's preference would be a road or
some type of access easement connecting lots 1 and 2.
Brooks said he was trying to make sure that through the back door they didn't allow the general public
access out through Kitty Lee Road. He could see the need for emergency vehicle access to get through
there if they needed to but de-facto allowing people to cut through another parking lot. It took away their
ability to project and plan what was going to happen.
Chait said given the late changes, would it be reasonable to defer this item? Yapp said the Commission
would need an agreement from the applicant.
Chait said the Commission didn't know exactly what the parking lot around Menards was going to look
like, it was hard to conceive of a parking lot that you couldn't get to from one side to the other. Prior to
this evening the east-west road had been clearly marked. The level of the Commission's preview had
been very significant when they had reviewed all the developments and changes around and Carousel
Motors and Wal-Mart and Cub Foods and Staples. The Commission had been very involved in how traffic
would circulate in those areas as well as traffic / pedestrian flow. Chait said if the Commission had more
time they might be able to figure something out, the developer's representative had admitted that they'd
been scrambling too. Chait said he didn't feel a fire department breakaway access would be feasible in
this situation. The fact that there would be 2 % times the traffic beyond the rule of thumb for subdivisions
was very significant. He said a couple more weeks to be able to look at this and get more comfortable
with it, especially since the changes had happened overnight would be optimal.
Anciaux said they'd also talked about potential cut-through traffic in the previous plan adding to the Kitty
Lee Road traffic problems. He wondered if the residents of the Kitty Lee Road could use the cut-through
to get to an access that would have a traffic signal if that road were still there.
Chait asked Schnittjer if this item could be deferred.
Schnittjer said one of the primary reasons he'd wanted to remove the frontage access road had been
because it had not provided a good secondary access.
. It was too close to the highway.
· It didn't provide any access to the back part of the subdivision.
· The access road would come in to the area where Menards would need to store vehicles
· It was the most likely place that an accident would occur which would block the whole street system
as it was.
Planning and Zoning Commission Minutes
February 17, 2005
Page 10
Schnitljer said the cost considerations of that street had not entered into their decision process, it had
been all the other factors. He said Mr. Davis was cognizant of the neighbor's situations and didn't want to
take a chance on imposing more traffic on them until such a time as what happened to the north and west
of this area. Davis had been in favor of keeping the east-west road. Schnittjer had explained to him that
it was not possible to make the intersection work with the lane requirements and there was too much of a
potential for traffic conflicts at the close intersection with the Highway. With what was proposed for the
Menards site at this time, there was no latitude for moving it to the north.
Yapp said the Menards building and lumber yard were proposed to be sprinkled which was another factor
of Staff's acceptance of this application.
Hansen said he had not heard if they could defer this item or not.
Motion: Chait made a motion to approve ANN04-00001, an annexation of approximately 62.03 acres of
property located east of Kitty Lee Road, west of Highway 218 and north of Highway 1, including Highway
1 right-of-way. Hansen seconded the motion.
The motion passed on a vote of 6-0.
Motion: Chait made a motion to approve REZ04-00030, a rezoning of approximately 50.03 acres of
property from County A1 to CC-2, Community Commercial (approximately 16.05 acres), CI-1, Intensive
Commercial (approximately 20.22 acres), CO-1, Office Commercial (approximately 10.92 acres) and RR-
1, Rural Residential (approximately 2.83 acres), subject to the nine (9) conditions of a CZA as listed in
Staff Report of 2/17/05 and including a tenth (10) condition for the installation of street lighting at the
intersection of Kitty Lee Road and Highway 1. Brooks seconded the motion.
Freerks said she was willing to support this since the Commission would be able to look at the right hand
turn lane that the neighborhood was concerned about at later date. Depending on what was developed
on those lots, it would probably become necessary very soon.
Anciaux said he felt that by approving this the traffic signal at Naples Avenue would give the neighbors on
Kitty Lee Road some additional interval and hopefully provide some gaps in traffic.
Brooks said he still had some reservations about the 2-% times the normally allowed traffic flow without a
secondary access but if the Fire Chief was accepting of it he would have to depend on his professional
expertise to say it was acceptable. He agreed with Freerks that when lot 1 was developed that there be
serious evaluation of improvements to Kitty Lee Intersection if not before. Once it was annexed, the City
Council could begin to address the issues of lighting and turning lanes.
The motion passed on a vote of 6-0.
VACATION ITEM:
VAC05-00001, discussion of an application submitted by the City of Iowa City to vacate approximately
19,050 square feet of unimproved Dane Road right-of-way, located north of Mormon Trek Boulevard.
Yapp said the pavement had been removed; the area could no longer be used as a street; Staff
recommended the vacation. The County was proceeding with their half of the project.
Public discussion was opened. There was none. Public discussion was closed.
Motion: Chait made a motion to approve VAC05-00001. Freerks seconded the motion.
The motion passed on a vote of 6-0.
OTHER ITEMS:
Election of Officers
Planning and Zoning Commission Minutes
February 17, 2005
Page 11
Motion: Chait made a motion to elect Bob Brooks as Chair, Jerry Hansen as Vice Chair and Beth
Koppes as Secretary. Hansen made a motion that nominations cease.
The motions passed on a vote of 6-0.
Miklo said hopefully by next week Staff would have a copy of the Code Draft printed and would provide
copies to the Commissioners. At the next informal meeting Staff would review some of the presentation
materials with the Commissioners. The March 3rd formal meeting would begin at 7:00 pm to allow for the
public presentation of the Code Draft.
CONSIDERATION OF THE FEBRUARY 3.2005 MEETING MINUTES:
Motion: Hansen made a motion to approve the minutes as typed and corrected. Koppes seconded the
motion.
The motion passed on a vote of 6-0.
ADJOURNMENT:
Motion: Koppes made a motion to adjourn the meeting at 9:07 pm. Freerks seconded the motion.
The motion passed on a vote of 6-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcd/minutes/p&zI200S/02-17 -OS.doc